Chapter 20.532 — COASTAL DEVELOPMENT PERMIT REGULATIONS—GENERAL

The purpose of this chapter is to establish the procedures and requirements for obtaining a Coastal Development Permit to implement the Coastal Element of the General Plan in accordance with the California Coastal Act of 1976 (Division 20 of the Public Resources Code).

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

Sec. 20.532.010 - Applicability.

Any person, partnership, corporation, state or local agency or special district proposing to undertake any development as defined in Section 20.308.035(D) shall obtain a coastal development permit in accordance with the provisions of this Chapter, in addition to any other permit or discretionary approval required by any local agency or special district or any State or Federal agency as authorized by law or ordinance. If a coastal development permit is required pursuant to this section, no building permit, water well permit, septic permit, business license, grading permit, transient occupancy registration certificate, encroachment permit, occupancy permit or other entitlement for use shall be issued prior to the issuance of a coastal development permit.

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

Permits required by this Chapter must be secured prior to any development in the Mendocino County Coastal Zone.

(A)

Coastal Development Administrative Permit. The purpose of a Coastal Development Administrative Permit is to provide for the administrative issuance of coastal development permits. The Coastal Permit Administrator may process as an administrative permit any coastal development permit application for the types of projects specified below, and emergency projects specified in Section 20.536.055. Development projects which are appealable to the Coastal Commission, including any division of land, shall not be processed as an administrative permit, except for ADUs and JADUs as specified in Section 20.458.045.

(1)

Any single-family residence that is a principal permitted use within the zoning district in which the development site is located;

(2)

Any other development specifically authorized as a principal permitted use within the zoning district in which the development site is located;

(3)

Improvements to an existing structure;

(4)

Any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land;

(5)

Any other development that is not appealable to the Coastal Commission if the Coastal Permit Administrator determines that it involves no potential for any adverse effects, either individually or cumulatively, on coastal resources, and that it will be consistent with the Certified Local Coastal Program

and the public access policies of Chapter 3 of the Coastal Act. The determination shall be made in writing and based upon factual evidence.

(6)

Any ADU or JADU that meets all of the requirements for a coastal development ministerial permit except for the objective requirements established in Section 20.458.045 and for which an exception to those requirements may be granted through the coastal development administrative permit process. A coastal development administrative permit for an ADU and/or JADU is not appealable to the Board of Supervisors but may be appealable to the Coastal Commission.

(B)

Coastal Development Ministerial Permit. The purpose of a coastal development ministerial permit is to provide for the administrative issuance of coastal development permits for ADUs which comply with the objective requirements specified in Section 20.458.045. Coastal development ministerial permits may be approved by the Director or his/her designee. Approval of a coastal development ministerial permit requires findings of consistency with Chapter 20.458 as well as the required and supplemental findings specified in Sections 20.532.095 and 20.532.100, as applicable. A public hearing is not required for coastal

development ministerial permits and they are not appealable to the Board of Supervisors. For development located within the appeal jurisdiction of the California Coastal Commission, coastal development ministerial permits are appealable to the Coastal Commission.

(C)

Coastal Development Use Permit. A use permit must be secured, pursuant to the requirements of these regulations prior to the initiation, modification or expansion of a use or development that is permitted only as a conditional use in a particular district.

(D)

Coastal Development Variance. Variances are discretionary adjustments in the regulations contained in this Division. Variances may only be granted to allow deviations from standards governing such development conditions as setbacks, lot coverage and lot width.

(E)

Coastal Development Standard Permit. A coastal development standard permit must be secured for any other activity not specified above which is defined as a development in Section 20.308.035(D), including, but not limited to, land divisions, lot line adjustments and any other entitlement for use.

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

(Ord. No. 4497, § 20, 11-9-2021)

The following developments shall be exempt from this Chapter:

(A)

Repair and maintenance activities which do not result in an addition to or enlargement or expansion of the object of such activities, except as otherwise specified in Subchapter 7, Title 14, California Administrative Code and any amendments thereafter adopted;

(B)

Activities of public utilities as specified in the Repair, Maintenance and Utility Hookup Exclusion adopted by the Coastal Commission on September 5, 1978;

(C)

Improvements to single family residences except as otherwise specified in Subchapter 6, Title 14, California Administrative Code and any amendments thereafter;

(D)

Improvements to any structure other than single family residence or a public works facility, except as otherwise specified in Subchapter 7.5, Title 14, California Administrative Code and any amendments thereafter;

(E)

The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform with Section 20.480.020, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk, of the destroyed structure by more than ten (10) percent and shall be sited in the same location on the affected property as the destroyed structure;

(F)

Within the Gualala Town Plan planning area, structures which are destroyed by involuntary means or forces out of control of the owner(s), provided that the structure reconstructed after involuntary loss does not exceed the floor area, height, or bulk of the previously existing structure by more than ten (10) percent, restoration is started within one (1) year of the destruction, and the structure conforms to this Division;

(G)

ADUs, JADUs and associated physical development may be exempted from this Chapter when such development is found to be consistent with subsection (C), above.

As used in this section "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owners.

As used in this section, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

As used in this section "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

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

(Ord. No. 4497, § 21, 11-9-2021)

Each application for a coastal development permit (administrative, use permit, variance or standard permit) shall be submitted to the Department of Planning and Building Services on forms provided by the department and completed by the applicant, accompanied by a fee set by resolution of the Board of Supervisors. When more than one (1) development is proposed on a parcel, the applications shall be processed concurrently where possible as one (1) application. The application shall include the following information:

(A)

A description of the proposed development, including maps, plans, and other relevant data of the project site and vicinity in sufficient detail to determine whether the project complies with the requirements of these regulations. Sufficient information concerning the existing use of land and water on or in the vicinity of the site of the proposed project, insofar as the applicant can reasonably ascertain for the vicinity surrounding the project site, should also be provided.

(B)

Proof of the applicant's legal interest in all the property upon which work is to be performed. Proof can be the form of a current tax statement, tide report, lease agreement or other documents showing legal interest to apply for permit and comply with all conditions of approval.

(C)

A dated signature of the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner in matters concerning the application. Where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed, development, the holder or owner of any superior interest in the property shall not be required to join the applicant as co-applicant. All holders or owners of any other interest of record in the affected property shall be notified in writing of the permit application by the applicant and invited to join as co-applicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval.

(D)

Stamped envelopes addressed to each owner of property situated within three hundred (300) feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and Assessor's parcel numbers of same. Where the applicant is the owner of all properties within three hundred (300) feet of the project site, stamped envelopes shall be provided and addressed to owners, of property situated within three hundred (300) feet of the applicant's contiguous ownership.

(E)

Stamped envelopes addressed to each occupant of property situated within one hundred (100) feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and Assessor's parcel numbers of same. Where the applicant is the owner of all properties within one hundred (100) feet of the project site, stamped envelopes shall be provided and addressed to each occupant of property situated within one hundred (100) feet of the applicant's contiguous ownership.

(F)

Stamped, addressed envelopes and a list of names and addresses of all other parties known to the applicant to have an interest in the proposed development.

(G)

Such additional information that the Director may determine is necessary to determine whether the development is consistent with the General Plan and this Division.

(H)

A written statement by the applicant that the project has been posted with a public notice on a form provided by the Planning and Building Services Department in a manner prescribed by the Director.

(I)

A statement that processing of applications which do not contain truthful and accurate information necessary to review the application may be delayed or may result in denial or revocation of the permit if discovered after approval or issuance of the permit.

(J)

Other governmental approvals as required and obtained.

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

Sec. 20.532.030 - Processing of Applications.

Upon receipt of an application for a coastal development permit, the application shall be processed pursuant to Sections 20.532.035 through 20.532.055.

Sec. 20.532.035 - Application Check.

(A)

The Planning and Building Services Department shall review all applications for completeness and accuracy before the applications are accepted and officially filed as complete.

(B)

The determination of whether a development is exempt or appealable for purposes of notice, hearing and appeals shall be made at the time the application for development is submitted and deemed complete. This

determination shall be made with reference to the certified Local Coastal Program, including maps, categorical exclusions, land use designations, and zoning and other implementation ordinances adopted as a part of the certified Local Coastal Program. Where an applicant, interested person, or the County has a question as to the appropriate determination, the following procedures shall be followed:

(1)

The county shall make its determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by the designated approving authority;

(2)

If the determination of the county is challenged by the applicant or an interested person, or if the county wishes to have a Coastal Commission determination as to the appropriate designation, the county shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director's opinion;

(3)

The Executive Director shall within two (2) working days of the request (or upon completion of a site inspection where such an inspection is warranted) transmit a determination as to whether the development is exempt, categorically excluded, nonappealable or appealable;

(4)

Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the County determination, the Commission shall hold a hearing for the purpose of determining the appropriate designation at the next Coastal Commission meeting in the appropriate geographic region following the county's request.

(C)

The application shall be deemed complete and accepted unless the department finds that the application is not complete and notifies the applicant of such finding by mail within thirty (30) calendar days after receipt of the application. If the application is determined to be incomplete, the department shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.

(D)

During application check, the department shall determine the type of permit for which application has been made and shall refer copies of the application to any county department, state or federal agency, or other individual or group that the department believes may have relevant authority or expertise. Along with the referral, the department shall include notification that, if the department does not receive a response within fifteen (15) calendar days, the department will assume that no recommendations or comments are forthcoming.

(E)

Where the department has determined that an application is incomplete, and where the applicant believes that the information requested by the department to complete the application is not required under the requirements of this Division, the General Plan or under policies adopted by resolution to administer this Division, the applicant may file an Administrative Appeal pursuant to Chapter 20.544. The appeal shall be made in writing to the department and accompanied by a fee set by resolution of the Board of Supervisors and evidence supporting the applicant's belief that the application is complete.

(F)

If the application is not completed by the applicant within one (1) year after original receipt of the application, it will be deemed withdrawn. A new application may be submitted in accordance with Section 20.532.025 of this Division.

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

Upon acceptance of an application as complete, the Director or his designee shall complete an environmental review of the project as required by the California Environmental Quality Act (CEQA), shall study the project for conformance with all applicable requirements of this Chapter. The Director shall refer relevant portions of the completed application to those departments, agencies or individuals who received copies of the application during application check, or other individual/group that the department believes may have relevant authority or expertise. The Director or designee shall prepare a written report and recommendation for action on the application with findings and evidence in support thereof.

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

Sec. 20.532.045 - Authority to Act on Coastal Development Permit.

Upon completion of project review and evaluation, the action to approve, conditionally approve, or deny a coastal development permit shall be taken by:

(A)

The Director or his/her designee in the case of coastal development ministerial permits;

(B)

The Coastal Permit Administrator in the case of coastal development standard permits for principal permitted uses and coastal development administrative permits; and

(C)

The Planning Commission in the case of coastal development permits for conditional uses and divisions of land.

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

(Ord. No. 4497, § 22, 11-9-2021)

The approving authority may take any one (1) or a combination of the following different actions for each application for a permit.

(A)

Make such findings or determination as is required by this Division and approve the application; or

(B)

Make such findings or determination as is required by this Division, including performance of, or compliance with, changes, modifications or conditions necessary to assure conformity with this Division and required for approval of the application; or

(C)

Make such findings or determination as is required by this Division and deny the application if:

(1)

The coastal development permit cannot be conditioned by adequate requirements to insure compliance with this Division; or

(2)

The proposed development cannot be modified to conform with this Division; or

(3)

The proposed development does not conform with the certified local coastal program.

(D)

No coastal development permit may be denied under this Division on the grounds that a public agency is planning or contemplating to acquire the property on, or property adjacent to the property on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire such property and there are funds available, or funds which could reasonably be expected to be made available within one (1) year, for such acquisition. If a permit has been denied for such reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for such development on grounds that such property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted.

(E)

An applicant may withdraw any coastal development permit application prior to the approving authority's action on the application. The withdrawal must be in writing or stated on the record. Withdrawal is effective

immediately, is not subject to appeal, and shall be permanent except the applicant may file a new application with the appropriate fee(s) as provided in this Chapter.

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

(A)

For all applications except for applications to create an ADU or JADU, within one hundred eighty (180) days of filing of a complete application for a coastal development permit, the Director, Coastal Permit Administrator or Planning Commission shall take such action as is specified in Section 20.532.050. The one hundred eighty (180) day time period may be extended once for a period not to exceed ninety (90) days with the written consent of the applicant and the Department.

(B)

For applications to create an ADU or JADU, action shall be taken within sixty (60) days of filing of a complete application for a coastal development permit exemption, Categorical Exclusion or coastal development permit. The 60-day time period for acting on a complete application for an ADU or JADU submitted with a permit application for a proposed single-family dwelling shall not commence until after the application for the single-family dwelling has been acted on and all appeal periods have ended.

(C)

If the Director, Coastal Permit Administrator or Planning Commission does not act within the specified time period or extension thereof, the applicant may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956. The date of the actual filing of the application for the purposes of this Division shall be the date of the environmental determination as required by local and state environmental review procedures.

(D)

Failure to act—Notice.

Notification by Applicant. If the County has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the County and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

Notification by County. When the County determines that the time limits established pursuant to Government Code Sections 65950—65957.1 or Government Code Section 65852.2 for an ADU or a JADU have expired, the County shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to Title 14, California Code of Regulations Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Coastal Commission pursuant to Section 20.544.020. This

Section shall apply equally to a County determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.

(E)

When an application for a coastal development permit has been deemed approved by failure to act, such approval shall be subject to the notice requirements of Section 20.536.005(D) or, for coastal development ministerial permits, the notice requirements of Section 20.536.010(C).

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

(Ord. No. 4497, § 23, 11-9-2021)

Sec. 20.532.060 - Environmentally Sensitive Habitat Area—Supplemental Application Procedures.

Additional project information shall be required for development within an Environmentally Sensitive Habitat Area (ESHA) and may be required for any development within five hundred (500) feet of an ESHA if the development is determined to have the potential to impact an ESHA. Additional requirements may include one or more of the following:

(A)

Topographic Base Map. The base map shall be at a scale sufficiently large to permit clear and accurate depiction of vegetative associations and soil types in relation to any and all proposed development (normally the scale required will be 1″ = 200′). Contour intervals should be five (5) feet, and the map shall contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date). The map shall show the following information:

(1)

Boundary lines of the applicant's property and adjacent property, including assessor's parcel numbers, as well as the boundaries of any tidelands, submerged lands or public trust lands;

(2)

Names and locations of adjacent or nearby roads, streets or highways, and other important geographic, topographic and physical features;

(3)

Location and elevation of any levees, dikes or flood control channels;

(4)

Location, size and invert elevation of any culverts or tide gates.

(B)

Inundation Map. For nontidal wetlands, a map should be prepared indicating permanent or seasonal patterns of inundation (including sources) in a year of normal rainfall.

(C)

Vegetation Map. Location and names of plant species (e.g., Salicornia virginica) and vegetation associations (e.g., saltmarsh). This map shall be prepared by a qualified ecologist or botanist.

(D)

Soils Map. If no soil survey is available, a soils map shall be prepared by a qualified soils scientist, and should show the location of soil types and include a physical description of their characteristics.

(E)

Report of Compliance. A report based upon an on-site investigation which demonstrates that the development meets all of the criteria specified for development in, and proximate to, an environmentally sensitive habitat area including a description and analysis of the following performed by a qualified professional:

(1)

Present extent of the habitat, and if available, maps, photographs or drawings showing historical extent of the habitat area.

(2)

Previous and existing ecological conditions.

(a)

The life history, ecology and habitat requirements of the relevant resources, such as plants, fish and wildlife, in sufficient detail to permit a biologist familiar with similar systems to infer functional relationships (the maps described in above may supply part of this information).

(b)

Restoration potentials.

(3)

Present and potential adverse physical and biological impacts on the ecosystem.

(4)

Alternatives to the proposed development, including different projects and alternative locations.

(5)

Mitigation measures, including restoration measures and proposed buffer areas.

(6)

If the project includes dredging, explain the following:

(a)

The purpose of the dredging.

(b)

The existing and proposed depths.

(c)

The volume (cubic yards) and area (acres or square feet) to be dredged.

(d)

Location of dredging (e.g., estuaries, open coastal waters or streams).

(e)

The location of proposed spoil disposal.

(f)

The grain size distribution of spoils.

(g)

The occurrence of any pollutants in the dredge spoils.

(7)

If the project includes filling, identify the type of fill material to be used, including pilings or other structures, and specify the proposed location for the placement of the fill, the quantity to be used and the surface area to be covered.

(8)

If the project includes diking, identify on a map the location, size, length, top and base width, depth and elevation of the proposed dike(s) as well as the location, size and invert elevation of any existing or proposed culverts or tide gates.

(9)

If the project is adjacent to a wetland and may cause mud waves, a report shall be prepared by a qualified geotechnical engineer which explains ways to prevent or mitigate the problem.

(10)

Benchmark and survey data used to locate the project, the lines of highest tidal action, mean high tide, or other reference points applicable to the particular project.

(11)

Other governmental approvals as required and obtained. Indicate the public notice number of Army Corps of Engineers permit if applicable.

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

(A)

Purpose. The purpose of these procedures is to provide regulations for the development, content, review, and approval of a required wetland restoration plan as a condition of project approval in conjunction with required Coastal Development Permits.

(B)

Applicability. These procedures shall apply to all wetland restoration as required, except where the California Coastal Commission retains coastal development permit authority.

(C)

Submittal of Tentative Restoration Plan. Whenever wetland restoration is required, copies of a Tentative Wetland Restoration Plan shall be submitted to the Planning and Building Services Department along with the required permit application, and shall be accompanied by a fee established by the Board of Supervisors. The Planning and Building Services Department shall not accept the tentative restoration plan for review if it does not comply with the form, information, analysis, and other requirements for the content of a tentative restoration plan.

(D)

Tentative Restoration Plan Content. The restoration plan shall include a detailed description that includes provisions for restoration to at least the minimum required standards and permanent protection of the restoration area. The restoration plan shall also include a description of how the functional capacity of the wetland or estuary will be maintained or enhanced. At a minimum, the restoration plan shall include:

(1)

A Resource Inventory and Wetland Impact Analysis. A complete inventory and assessment of plant, fish, and wildlife habitat values which would be affected by the dredging, diking or filling, prepared by a qualified biologist, including:

(a)

Any changes in plant and animal natural species diversity, abundance, and composition and an assessment of how, if at all, these affect the long-term stability of the ecosystem (i.e., natural species, diversity, abundance and composition are generally unchanged as a result of the project);

(b)

Any impacts to rare or endangered species or their habitat;

(c)

Any impacts to a species or habitat essential to the natural biological functioning of the wetland or the estuary ecosystem; and,

(d)

Any significant reduction to consumptive values such as fishing, hunting, clamming, or nonconsumptive values such as water quality and research opportunity, values of the wetland or estuarine ecosystem.

(2)

A Restoration and Management Objective Statement.

(a)

A clear statement of the habitat restoration and management proposed, including their ability to compensate for the habitat damage described in the Resource Inventory and Wetland Impact Analysis in conformance with the required standards; and

(b)

Development of specific biological criteria for restoration site and design.

(3)

Restoration Alternatives.

(a)

A preliminary analysis of alternative restoration sites and designs for restoration which satisfy both the biological objectives as well as the applicable hydrologic, soils, and other engineering criteria;

(b)

A ranking of those restoration alternatives based upon the biological engineering feasibility and cost assessment;

(c)

A recommended restoration site and project design, including maps(s) at no greater than 1″ = 200′ scale; and

(d)

A preliminary proposal for the long-term management of the preferred restoration alternative.

(4)

A Tentative Restoration Schedule. At a minimum, restoration shall occur simultaneously with project construction and be completed prior to commencement of operation of the proposed project.

(E)

Tentative Restoration Plan Development and Coordination with Affected Public Agencies. The applicant shall coordinate the development of the Tentative Restoration Plan with affected local, state, and federal agencies. The Planning and Building Services Department shall aid the applicant in identifying the affected agencies and in providing County wetland policies and standards.

(F)

Review of Tentative Restoration Plan. The County shall review the Tentative Restoration Plan in conjunction with the required Coastal Development Permit.

(G)

Content of Required Final Restoration Plan. A Final Restoration Plan shall be prepared by the applicant based on the approving authority approved or conditionally approved tentative restoration plan. In addition, the final plan shall include all of the following:

(1)

A complete statement of the restoration objectives;

(2)

A complete description of the restoration site including a map of the project site, at a mapping scale no smaller than l″ = 200′;

(3)

A complete restoration description including scaled, detailed diagrams, and including:

(a)

A grading plan depicting any alterations to topography, natural landforms, and drainage channels and areas where existing fill and debris will be removed;

(b)

A vegetation plan including a list of plant species to be eliminated and a list of plant species to be introduced on the restoration site, and describing the methods and proposing a schedule for eliminating and establishing vegetation;

(c)

A clear statement of when restoration work will commence and be completed;

(d)

Provisions of public access, where appropriate, for public recreation, scientific, and educational use; and

(e)

Other measures necessary to achieve restoration objectives and to protect the restoration site from adverse impacts of adjacent development and use.

(f)

Provisions for mosquito and vector control.

(4)

Provision for Long-Term Management of the Restoration Site. The final plan shall describe the applicant's responsibilities in assuring that the project will be successful, including monitoring and evaluation, and that the restored area is maintained consistent with the plan's restoration objectives. The plan shall include provisions for making repairs or modification to the restoration site necessary to meet the project objectives. The final plan shall provide either that the restoration site shall be owned in fee by an agency or non-profit organization having among its principal purposes the conservation and management of fish and wildlife, or other habitat resources, or shall provide for dedication of an open space or conservation easement over the restoration area to such an agency or organization.

(H)

Review and Approval of Final Restoration Plan.

(1)

Following staff review of the final restoration plan for conformance with the approved or conditionally approved Tentative Restoration Plan, the Coastal Zoning Administrator shall determine if the Final Restoration Plan is in substantial conformance with the approved tentative plan.

(2)

The Coastal Zoning Administrator's determination that the Final Restoration Plan is in substantial conformance with the approved tentative plan, may be appealed pursuant to the appeals procedures of Chapter 20.544.

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

Sec. 20.532.070 - Geologic Hazards—Evaluation and Supplemental Application Information.

(A)

The extent of additional geotechnical study that must accompany Coastal Development applications depends on the site and type of project as follows:

(1)

Land Use and Building Type.

(a)

Type 1: Public, High Occupancy and Critical Use, including: Hospitals, Fire and Police Station, Communication Facilities, Schools, Auditoriums, Theaters, Penal Institutions, High-rise Hotels, Office and Apartment Buildings (over 3 stories), and Major Utility Facilities.

(b)

Type 2: Low Occupancy, including: Low-rise Commercial and Office Buildings (one (1) to three (3) stories), Restaurants (except in high-rise category), and Residential (less than eight (8) attached units and less than 3 stories).

(c)

Type 3: Residential (less than eight (8) attached units), and Manufacturing and Storage/Warehouse (except where highly toxic substances are involved which should be evaluated on an individual basis with mandatory geotechnical review.).

(d)

Type 4: Open Space, Agricultural, Golf Courses, etc.

(2)

Required Studies.

(a)

Fault Rupture. Prior to proceedings with any Type 1 development, published geologic information shall be reviewed by an engineering geologist or civil engineer, the site shall be mapped geologically and aerial photographs of the site and vicinity shall be examined for lineaments. Where these methods indicate the possibility of faulting, a thorough investigation is required to determine if the area contains a potential for fault rupture. All applications for development proposals shall be reviewed for compliance with the AlquistPriolo Special Studies Zone Act pursuant to Subsection (D) below and shall be deemed incomplete until such time as the reviewing geologist report is accepted by the County.

(b)

Seismic-Related Ground Failure. Site investigation requirements for seismic-related ground failure are described as follows:

(i)

Land Use/Building Type 2 and 3 within Zone 1 (Low): Current building code requirements must be met, as well as other existing state and local ordinances and regulations. A preliminary geotechnical investigation should be made to determine whether or not the hazards zone indicated by the Land Capabilities/Natural Hazards maps is reflected by site conditions.

(ii)

Land Use/Building Type 1 within Zone 1 (Low) and Land Use/Building Type 3 within Zones 2 (Moderate) and Zone 3 (High): In addition to Subsection (i), above, geotechnical investigation and structural analysis

sufficient to determine structural stability of the site for the proposed use is necessary. It may be necessary to extend the investigation beyond site boundaries in order to evaluate the shaking hazard. All critical use structure sites require detailed subsurface investigation.

(iii)

Land Use/Building Type 1 within Zone 2 (Moderate) and Land Use/Building Type 2 within Zones 2 (Moderate) and Zone 3 (High): In addition to Subsections (i) and (ii), above, surface and/or subsurface investigation and analyses sufficient to evaluate the site's potential for liquefaction and related ground failure shall be required.

(iv)

Land Use/Building Type 1 within Zone 3 (High): In addition to Subsections (i), (ii) and (iii), detailed dynamic ground response analyses must be undertaken.

(3)

Unspecified land uses shall be evaluated and assigned categories of investigation on an individual basis.

(a)

Tsunami. Land Use Types 1, 2 and 3 shall not be permitted in tsunami-prone areas. Development of harbors and Type 4 uses should be permitted, provided a tsunami warning plan is established.

(b)

Landsliding. All development plans shall undergo a preliminary evaluation of landsliding potential. If landslide conditions are found to exist and cannot be avoided, positive stabilization measures shall be taken to mitigate the hazard.

(B)

Review of Geologic Fault Evaluation Report by County Geologist. An application for development which requires a report or waiver prepared pursuant to the Alquist Priolo Act shall not be accepted as complete unless and until there are:

(1)

A fully executed agreement between a geologist registered in the State of California and the County to either review the report required hereinabove or to prepare a request for waiver; and

(2)

A fully executed agreement between the County and the applicant to reimburse the County for the costs incurred pursuant to the agreement specified in subparagraph (1) above.

Within thirty (30) days of an application for development located within an Alquist-Priolo special study area, the County shall cause a geologist registered in the State of California (hereinafter called County reviewing geologist) to review the geologic report. The review shall assess the adequacy of the documentation

contained in the report, and the appropriateness of the depth of study conducted in consideration of the use proposed for the project site. The County reviewing geologist shall prepare a written review which either concurs or does not concur with the scope, methodology, interpretations, conclusions, and recommendations of the geologic report. Said review shall be subject to comment and revision as may be deemed necessary by the County.

Within thirty (30) days after acceptance of the geologic report the County shall forward it to the State Geologist to be placed on open file.

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

Sec. 20.532.075 - Supplemental Information Related to Application for Natural Gas Pipeline.

Pipelines for natural gas shall be subject to the standards of Section 20.520.025.

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

Sec. 20.532.080 - Supplemental Information Related to Onshore Oil and Gas Development Not Related to Offshore Oil and Gas Development.

Each application for onshore oil and gas development shall be processed as two separate Coastal Development Use Permits.

(A)

The first Coastal Development Use Permit application shall be limited to an exploratory phase and shall not include provisions for a production phase. Conditions of approval shall relate to installation, operation and completion of the exploratory drilling and shall include restoration of the site and mitigation measures and condition of approval required by all concerned governmental agencies.

(B)

A Coastal Development Use Permit application for a development plan shall include:

(1)

A review of the Exploratory Phase, including a complete evaluation of the conditions of operation, impact upon the environment and adequacy of the imposed mitigations.

(2)

A phasing plan for the staging of development, indicating the anticipated timetable for project installation, completion and decommissioning.

(3)

Maps and plans indicating ultimate potential development and its relationship to other structures and nearby areas of coastal resource value, such as sensitive habitats, prime agricultural land, archaeological sites, recreational areas, etc.

(4)

A plan for consolidating, to the maximum extent feasible, drilling, production and other accessory facilities, including slant drilling and clustering of wells.

(5)

Plans for eliminating or mitigating adverse impacts resulting both from standard siting, construction and operating procedures and from accidents. These shall include landscaping plans, oil spill contingency plans, fire prevention procedures, procedures for transporting and disposing solid and liquid wastes, etc.

(6)

Plans and procedures for abandoning and restoring the site to its pre-development condition acceptable to the County.

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

Sec. 20.532.085 - Supplemental Information Related to Coastal Access Requirements.

Where public accessways are required for a project as designated on the coastal element land use maps or as a condition of a permit, an offer, in the form and content approved by the Coastal Commission shall be recorded pursuant to Section 20.528.040 and in a manner approved by the Coastal Commission before the coastal permit is issued. Copy of the recorded document shall be submitted to the Department of Planning and Building Services prior to the issuance of the Coastal Development Permit.

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

Sec. 20.532.090 - Supplemental Application Information for Sand Removal, Mining and Gravel Extraction.

Application for sand removal, mining and gravel extraction shall contain the following information:

(A)

A detailed extraction plan including phases of the operation and amount of material to be removed in each phase and copies of relevant permits or authorizations of other local or State agencies as required.

(B)

A detailed reclamation plan.

(C)

A monitoring plan to ensure protection of wildlife and plant habitats during extraction operations and which continues through the reclamation phase.

(D)

Other governmental approvals as required and obtained.

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

Sec. 20.532.095 - Required Findings for all Coastal Development Permits.

(A)

The granting or modification of any coastal development permit by the approving authority shall be supported by findings which establish that:

(1)

The proposed development is in conformity with the certified local coastal program; and

(2)

The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities; and

(3)

The proposed development is consistent with the purpose and intent of the zoning district applicable to the property, as well as the provisions of this Division and preserves the integrity of the zoning district; and

(4)

The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.

(5)

The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.

(6)

Other public services, including but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.

(B)

If the proposed development is located between the first public road and the sea or the shoreline of any body of water, the following additional finding must be made:

(1)

The proposed development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act and the Coastal Element of the General Plan.

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

Sec. 20.532.100 - Supplemental Findings.

In addition to required findings, the approving authority may approve or conditionally approve an application for a permit or variance within the Coastal Zone only if the following findings, as applicable, are made:

(A)

Resource Protection Impact Findings.

(1)

Development in Environmentally Sensitive Habitat Areas. No development shall be allowed in an ESHA unless the following findings are made:

(a)

The resource as identified will not be significantly degraded by the proposed development.

(b)

There is no feasible less environmentally damaging alternative.

(c)

All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.

(2)

Impact Finding For Resource Lands Designated AG, RL and FL. No permit shall be granted in these zoning districts until the following finding is made:

(a)

The proposed use is compatible with the long-term protection of resource lands.

(B)

Agricultural Land Impact Findings.

(1)

Development in Agricultural Zones. No development subject to a coastal development use permit shall be issued on agricultural land until the following findings are made:

(a)

The project maximizes protection of environmentally sensitive habitat areas;

(b)

The project minimizes construction of new roads and other facilities;

(c)

The project maintains views from beaches, public trails, roads and views from public viewing areas, or other recreational areas;

(d)

The project ensures the adequacy of water, waste water disposal and other services;

(e)

The project ensures the preservation of the rural character of the site;

(f)

The project maximizes preservation of prime agricultural soils;

(g)

The project ensures existing land use compatibility by maintaining productivity of on-site and adjacent agricultural lands.

(2)

Impact Findings for Conversion of Prime Agricultural or Williamson Act Contracted Lands. Conversion of prime land and/or land under Williamson Act Contract to non-agricultural uses is prohibited, unless all of the following findings are made. For the purposes of this section, conversion is defined as either development in an AG or RL designation not classified as a residential, agricultural, or natural resource use type or the amending and rezoning of the Coastal Element Land Use Designation AG or RL to a classification other than AG or RL including amendments to add visitor-serving facilities.

(a)

All agriculturally unsuitable lands on the parcel have been developed or determined to be undevelopable;

(b)

Agricultural use of the soils cannot be successfully continued or renewed within a reasonable period of time, taking into account economic, environmental, social and technological factors;

(c)

Clearly defined buffer areas are established between agricultural and non-agricultural uses;

(d)

The productivity of any adjacent agricultural lands will not be diminished, including the ability of the land to sustain dry farming or animal grazing;

(e)

Public service and facility expansions and permitted uses do not impair agricultural viability, either through increased assessment costs or degraded air and water quality; and

(f)

For parcels adjacent to urban areas, the viability of agricultural uses is severely limited by contacts with urban uses, and the conversion of land would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development.

(3)

Impact Findings for Conversion of Non-prime Agricultural Lands. Conversion of all other agricultural lands to non-agricultural uses will be prohibited unless it is found that such development will be compatible with continued agricultural use of surrounding lands and at least one of the following findings applies:

(a)

Continued or renewed agricultural use is not feasible as demonstrated by an economic feasibility evaluation prepared pursuant to Section 20.524.015(C)(3);

(b)

Such development would result in protecting prime agricultural land and/or concentrate development.

(C)

Land Division Findings.

(1)

All Coastal Land Divisions. No coastal lands shall be divided unless the following findings are made:

(a)

The new lots created have or will have adequate water, sewage, including a long term arrangement for septage disposal, roadway and other necessary services to serve them; and

(b)

The new lots created will not have, individually or cumulatively, a significant adverse environmental effect on environmentally sensitive habitat areas or on other coastal resources; and

(c)

The new lots created will not significantly adversely affect the long-term productivity of adjacent agricultural or timber lands; and

(d)

Other public services, including but not limited to, solid waste and public roadway capacity, have been considered and are adequate to serve the proposed parcels; and

(e)

The proposed land division meets the requirements of Chapter 20.524 and is consistent with all applicable policies of the Coastal Element.

(2)

Land Divisions of Prime Agricultural Lands. No land divisions of prime agricultural lands designated AG or RL shall be approved until a Master Plan is completed which shows how the proposed division would affect agricultural uses on the proposed parcel(s), and the overall agricultural operation on the residual ownership and the following findings are made:

(a)

The division will protect continued agricultural use and contribute to agricultural viability;

(b)

The division will not conflict with continued agricultural use of the subject property and the overall operation;

(c)

The division is only for purposes allowed in AG or RL designations; and

(d)

The division will not contribute to development conflicts with natural resource habitats and visual resource policies.

(3)

Land Divisions of Non-Prime Agricultural Lands. No lands designated RL or AG shall be divided or converted to non-agricultural use(s) unless at least one of the following findings are made:

(a)

Continued or renewed agricultural use is not feasible;

(b)

Such conversion would preserve prime agricultural land; or

(c)

Such conversion would concentrate development.

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

CHAPTER 20.536 - COASTAL DEVELOPMENT SPECIFIC PERMIT PROCEDURES

Sec. 20.536.005 - Coastal Development Administrative Permits.

(A)

Purpose. The purpose of this section is to provide for the administrative issuance of coastal development permits for those types of development projects specified in Section 20.532.015 and emergency permits as provided for in Section 20.536.055.

(B)

Action. The Coastal Permit Administrator shall administratively approve, conditionally approve, or deny a coastal development administrative permit without the requirement of a public hearing. Any permit approved administratively by the Coastal Permit Administrator, except for permits for ADUs and/or JADUs shall contain a statement that the permit will not be effective until it has been reported to and reviewed by the Board of Supervisors.

(C)

Reporting. With the exception of a coastal development administrative permit for an ADU or JADU, a coastal development administrative permit approved by the Coastal Permit Administrator shall be available on the agenda of the Board of Supervisors at its next available meeting after the permit has been approved. The Coastal Permit Administrator shall report in writing to the Board at each meeting the permits approved under this section, with sufficient description of the work authorized to allow the Board to understand the development proposed to be undertaken. If, at the meeting, at least one (1) member of the Board so requests, the permit issued shall not go into effect and the application shall be processed in accordance with Section 20.536.010.

(D)

Noticing. Notice that the Coastal Permit Administrator intends to act on a coastal development administrative permit for an ADU or JADU shall be mailed at least ten (10) calendar days prior to issuance. Notice that the Coastal Permit Administrator will report proposed issuance of the coastal development administrative permit to the Board of Supervisors shall be mailed at least ten (10) calendar days prior to the meeting. The notice shall be provided by first class mail to:

(1)

The applicant;

(2)

All property owners within three hundred (300) feet of the property lines of the project site, and to each occupant of property within one hundred (100) feet of the property lines of the project site. Where the applicant is the owner of all properties within three hundred (300) feet of the property lines of the project site, notice shall be provided to all property owners within three hundred (300) feet and to all occupants within one hundred (100) feet of the applicant's contiguous ownership;

(3)

All persons who have requested to be on the mailing list for that development project;

(4)

All persons who have furnished self-addressed and stamped envelopes and requested to be on the mailing list for development located within the Coastal Zone boundaries; and

(5)

The Coastal Commission.

(E)

Content of Notice. The notice shall contain the following information:

(1)

A statement that the development is within the coastal zone;

(2)

The date of filing of the application and the name of the applicant;

(3)

The case file number assigned to the application;

(4)

A description of the development and its proposed location;

(5)

If the permit is for an ADU or JADU, the date upon which the coastal development administrative permit will be acted on;

(6)

If the permit will be reported to the Board of Supervisors, the date, time and place at which the application will be reported to the Board;

(7)

A brief description of the general procedure concerning the conduct of local actions, including procedures for submission of public comment prior to the decision, and identification of a comment period of sufficient time to allow for submission of comments by mail prior to the decision;

(8)

A full disclosure of the procedure(s) for local and Coastal Commission appeals, if such appeals are available, including any fee(s) that may be required.

(F)

Final Action. A decision on a coastal development administrative permit application shall not be deemed complete until:

(1)

The decision has been made and all required findings have been adopted, and

(2)

When all local rights of appeal have been exhausted in accordance with Chapter 20.544.

(3)

A decision on a coastal development administrative permit application for an ADU or JADU that is appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission.

(G)

Notice of Final Action. Notice shall be mailed within ten (10) calendar days of final action by first class mail to:

(1)

The applicant;

(2)

Any person who specifically requested, in writing, notice of such final action; and

(3)

The Coastal Commission.

(4)

The County Assessor.

(H)

Effective Date. Decisions of the approving authority on an application for a development that is appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. If the notice of final action is defective and does not contain information pursuant to Section 20.536.015(D) and Section 20.532.095(B)(1), if applicable, the permit decision will be stayed and will not become effective after expiration of the ten (10) working day appeal period. Where an application for a development is not appealable to the Coastal Commission, the decision of the approving authority shall become final and effective following the action of the approving authority to approve or deny the coastal permit.

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

(Ord. No. 4497, § 28, 11-9-2021)

(A)

Purpose. The purpose of this section is to provide for the ministerial issuance of coastal development permits for ADUs that meet the requirements specified in Chapter 20.458.

(B)

Action. The Director or his/her designee shall act on a coastal development ministerial permit without the requirement of a public hearing. Any permit approved by the Director or his/her designee for an accessory dwelling unit located in an area within the appeal jurisdiction of the California Coastal Commission shall contain a statement that the permit will not be effective until the appeal period to the California Coastal Commission has expired and no appeal has been filed.

(C)

Noticing. Notice that the Director or his/her designee intends to act on a coastal development ministerial permit shall be mailed at least ten (10) calendar days prior to issuance by first class mail to:

(1)

The applicant;

(2)

All property owners within three hundred (300) feet of the property lines of the project site, and to each occupant of property within one hundred (100) feet of the property lines of the project site. Where the applicant is the owner of all properties within three hundred (300) feet of the property lines of the project site, notice shall be provided to all property owners within three hundred (300) feet and to all occupants within one hundred (100) feet of the applicant's contiguous ownership;

(3)

Any person who specifically requested, in writing, notice of such final action;

(4)

The Coastal Commission; and

(5)

The County Assessor.

(D)

Content of Notice. The notice shall contain the following information:

(1)

A statement that the development is within the coastal zone;

(2)

The date of filing of the application and the name of the applicant;

(3)

The case file number assigned to the application;

(4)

A description of the development and its proposed location;

(5)

The date on which the coastal development ministerial permit was approved; and

(6)

If the development is located in an area that is subject to the appeal jurisdiction of the California Coastal Commission, a full disclosure of the procedure(s) for Coastal Commission appeals, including any fee(s) that may be required.

(E)

Final Action. A decision on a coastal development ministerial permit application shall not be deemed complete until the decision has been made and all required findings have been adopted.

(F)

Notice of Final Action. Notice shall be mailed within ten (10) calendar days of final action by first class mail to:

(1)

The applicant;

(2)

Any person who specifically requested, in writing, notice of such final action;

(3)

The Coastal Commission; and

(4)

The County Assessor.

(G)

Effective Date. Decisions of the approving authority on an application for a development appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. If the notice of final action is defective and does not contain information pursuant to Section 20.536.010(D) and Section 20.532.095(B)(1), if applicable, the permit decision will be stayed and will not become effective after expiration of the ten (10) working day appeal period. Where an application for a development is not appealable to the Coastal Commission, the decision of the approving authority shall become final and effective following the action of the approving authority to approve or deny the coastal permit.

(Ord. No. 4497, § 27, 11-9-2021)

Editor's note— Ord. No. 4497, §§ 24—27, adopted November 9, 2021, added a new § 20.536.010, as set out above and later amended, and renumbered the existing §§ 20.536.010—20.536.055 as §§ 20.536.015 —20.536.060.

Sec. 20.536.015 - Coastal Development Permit Hearing and Notice Requirements.

(A)

Purpose. The purpose of this section is to provide for the issuance of coastal development permits for those types of development projects which are not ministerial, administrative or emergency permits.

(B)

Hearing. The approving authority shall hold at least one (1) public hearing on each coastal development application for an appealable development or for a non-appealable development which requires a public hearing pursuant to other provisions of this Division. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. The hearing shall occur no earlier than ten (10) calendar days following the mailing of the notice required in Subsection (C) below.

(C)

Notice. At least ten (10) calendar days prior to the first public hearing on the development proposal, the Coastal Permit Administrator shall provide notice by first class mail of a pending application for a development subject to this section. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions, to all property owners within three hundred (300) feet of the perimeter of the parcel on which the development is proposed, to all occupants of property within one hundred (100) feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. Where the applicant is the owner of all properties within three hundred (300) feet of the property lines of the project site, notice shall be provided to all property owners within three hundred (300) feet and to all occupants within one hundred (100) feet of the applicant's contiguous ownership.

(D)

Content of Notice. The notice shall contain the following information:

(1)

A statement that the development is within the coastal zone;

(2)

The date of filing of the application and the name of the applicant;

(3)

The number assigned to the application;

(4)

A description of the development and its proposed location;

(5)

The date, time and place at which the application will be heard by the approving authority;

(6)

A brief description of the general procedure concerning the conduct of hearing and local actions; and

(7)

The system for local and Coastal Commission appeals, including any fee(s) that may be required.

If a hearing on a coastal development permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as required in Subsection (C) above.

(E)

Final Action. A decision on a coastal development permit application shall not be deemed complete until:

(1)

The decision has been made and all required findings have been adopted, and

(2)

When all local rights of appeal have been exhausted in accordance with Chapter 20.544.

(F)

Notice of Final Action. Notice shall be mailed within ten (10) calendar days of final action by first class mail to:

(1)

The applicant;

(2)

Any person who specifically requested, in writing, notice of such final action; and

(3)

The Coastal Commission.

(4)

The County Assessor.

(G)

Effective Date. Decisions of the approving authority on an application for a development appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. If the notice of final action is defective and does not contain information pursuant to Section 20.536.015(D) and Section 20.532.095(B)(1), if applicable, the permit decision will be stayed and will not become effective after expiration of the ten (10) working day appeal period. Where an application for a development is not appealable to the Coastal Commission, the decision of the approving authority shall become final and effective on the eleventh day following the action of the approving authority to approve or deny the coastal permit unless prior to said eleventh day an appeal of the decision is filed as provided by Chapter 20.544.

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

(Ord. No. 4497, § 26, 11-9-2021)

Note— Formerly § 20.536.010. See editor's note for § 20.536.010.

Sec. 20.536.020 - Expiration.

Each valid unrevoked and unexpired coastal development permit shall expire and become null and void at the time specified in such permit, or if no time is specified, at the expiration of two (2) years after granting except where construction and or use of the property in reliance on such permit has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous. Permits issued for Planned Unit Developments shall expire no sooner than the tentative map and extensions of the Planned Unit Development shall conform with all provisions of this Division.

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

Note— Formerly § 20.536.015. See editor's note for § 20.536.010.

Sec. 20.536.025 - Application for Permit Amendment.

Any person holding a coastal development permit may apply for a permit amendment by complying with Section 20.532.025 (Application and Fee). For the purposes of this section, the amendment of a coastal

development permit may include amendment of the terms of the permit itself, the waiver or alteration of conditions imposed pursuant to Sections 20.532.030 through 20.532.055.

(A)

Definition of Permit Amendment. An amendment to a coastal development permit shall be processed in accordance with Section 20.532.025 when an applicant is requesting any change to the development project that was the subject of the approved coastal development permit. When, in the opinion of the Director, a major revision constituting substantial alteration in the permit is requested, an amendment shall not be processed, and a new coastal development permit application must be made.

(B)

Amendment to Ministerial Permits.

(1)

Amendments to ministerial permits may be approved by the Director or his/her designee based upon the same criteria and subject to the same reporting requirements and procedures as provided for issuance of ministerial permits in Section 20.536.010.

(2)

If any amendment would, in the opinion of the Director or his/her designee, change the nature of the project so that it no longer meets the criteria established for treating the application as a ministerial permit pursuant to Section 20.536.010, then the application shall thereafter be treated in the manner prescribed by Section 20.536.025(C)(2) dealing with amendments to permits other than ministerial and administrative permits.

(C)

Amendment to Administrative Permits.

(1)

Amendments to administrative permits may be approved by the Coastal Permit Administrator upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for issuance of administrative permits in Section 20.536.005.

(2)

If any amendment would, in the opinion of the Coastal Permit Administrator, change the nature of the project so that it no longer meets the criteria established for treating the application as an administrative permit pursuant to Section 20.532.015, then the application shall thereafter be treated in the manner prescribed by Section 20.536.025(C)(2) dealing with amendments to permits other than administrative permits.

(D)

Amendment to Permits other than Ministerial Permits and Administrative Permits.

(1)

The Director shall determine whether or not a proposed amendment is a material change to the approved permit. If the Director determines that the proposed amendment is immaterial, notice of such determination shall be posted at the project site. Notice of such determination also shall be given as provided in Section 20.536.005(D). If no written objection to the amendment is received within ten (10) working days of the notice, the determination of immateriality shall be conclusive and the amendment effective.

(2)

If the Director determines that the proposed amendment is a material change or if written objection is made to the determination of conditions that were required for the purpose of protecting a coastal resource or coastal access consistent with the findings required by Chapter 20.532, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit. The material amendment shall be subject to the hearing and notice requirements of Section 20.536.015.

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

(Ord. No. 4497, § 25, 11-9-2021)

Note— Formerly § 20.536.020. See editor's note for § 20.536.010.

Sec. 20.536.030 - Renewal.

On or before the date of expiration of a coastal development permit the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. Application for renewal shall be submitted in compliance with Section 20.532.025.

(A)

Notice for renewal of a coastal development permit shall be given pursuant to Section 20.536.005.

(B)

The renewal of a coastal development permit may be granted by the Coastal Permit Administrator without a public hearing for a term not exceeding one (1) year provided:

(1)

No additional conditions are recommended by referral agencies or the Planning and Building Services Department and the Director determines that there are no changed circumstances that may affect the consistency of the project with this Division; and

(2)

No written objection to granting of the renewal application without a public hearing is received within ten (10) working days after notice has been given.

(C)

If the Director determines that there are changed circumstances that may affect the consistency of the project with this Division or if additional conditions are recommended or written objection is made, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit, and the renewal shall be subject to the hearing and notice requirements of Section 20.536.010.

(D)

The time limit for completion of coastal development permit conditions may be extended by the Coastal Permit Administrator for a maximum of one hundred eighty (180) days.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.025. See editor's note for § 20.536.010.

Sec. 20.536.035 - Revocation or Modification by the County.

A coastal development permit may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions pursuant to Section 20.532.030 (Processing) and Section 20.536.010 (Hearing and Notice).

(A)

Grounds for Revocation or Modification. A coastal development permit may be revoked or modified pursuant to the provisions of this section upon a finding of any one or more of the following grounds:

(1)

That such permit was obtained or extended by fraud.

(2)

That one (1) or more of the conditions upon which such permit was granted have been violated.

(3)

That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance.

(4)

A final judgment of a court of competent jurisdiction has declared one (1) or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operations of one (1) or more such conditions.

(B)

Initiation of Action. An action to revoke or modify a coastal development permit may be initiated by order of the Board of Supervisors, Planning Commission, or the Coastal Permit Administrator, whichever granted, extended or modified the permit, on its own motion or on the request of any County Officer; the Board of Supervisors may initiate an action to revoke or modify any coastal development permit granted or modified by either the Coastal Permit Administrator or Planning Commission.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.030. See editor's note for § 20.536.010.

Sec. 20.536.040 - Assignment of Permits.

(A)

Any person who has obtained a coastal development permit pursuant to the provisions of this Division may assign such permit to another person subject to the following requirements:

(1)

Submission of an application fee as set by resolution of the Board of Supervisors; and

(2)

An affidavit executed by the assignee attesting to the assignee's agreement to comply with the terms and conditions of the permit; and

(3)

Evidence of the assignee's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit; and

(4)

The original permittee's request to assign all rights to undertake the development to the assignee, and

(5)

A copy of the original permit showing that it has not expired.

(B)

The applicant for assignment shall submit the above documents to the Department of Planning and Building Services together with a completed application form provided by the department. The assignment shall be effective upon the department's written approval of the documentation submitted, and the reassigned permit shall be granted subject to the terms and conditions of the original permit.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.035. See editor's note for § 20.536.010.

Sec. 20.536.045 - Reapplication.

No application for the granting of a coastal development permit which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission to do so has been granted as follows:

(A)

Denial by Coastal Permit Administrator. If the Coastal Permit Administrator has denied the coastal development permit, permission to reapply may be granted by the Coastal Permit Administrator or the Board of Supervisors.

(B)

Denial by the Planning Commission. If the Planning Commission has denied the coastal development permit, permission to reapply may be granted by the Planning Commission or Board of Supervisors.

(C)

Denial by the Board of Supervisors. If the Board of Supervisors has denied the coastal development permit, permission to reapply may be granted by the Board of Supervisors.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.040. See editor's note for § 20.536.010.

Sec. 20.536.050 - Nuisance.

The granting or modification of any coastal development permit shall not authorize or legalize the maintenance of any private or public nuisance.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.045. See editor's note for § 20.536.010.

Sec. 20.536.055 - Notice to Assessor.

Whenever a coastal development permit is granted with respect to any property, the Planning and Building Services Department shall, within ten (10) days, notify the County Assessor.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.050. See editor's note for § 20.536.010.

(A)

Purpose. This section describes procedures for processing applications for permits to perform work to resolve problems resulting from a situation falling within the definition of "emergency" in Section 20.308.040(B). In cases of a verified emergency, temporary emergency authorization to proceed with remedial measures may be given by the Director or his or her designee until such time as a coastal development permit application is filed.

(B)

Immediate Action Required. When immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this Chapter may be waived upon notification of the Director of the type and location of the work within seven (7) days of the disaster or discovery of the danger, whichever occurs first. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars ($25,000).

(C)

Method of Application. Applications in cases of emergencies shall be made to the Director or his/her designee by letter if time allows, and by telephone or in person if time does not allow.

(D)

Necessary Information. The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency, shall include the following:

(1)

The nature of the emergency;

(2)

The cause of the emergency, insofar as this can be established;

(3)

The location of the emergency;

(4)

The remedial protective, or preventive work required to deal with the emergency; and

(5)

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

(E)

Verification of Emergency. The Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

(F)

Criteria for Granting Permit. The Director shall provide public notice of the proposed emergency action with the extent and type of notice determined on the basis of the nature of the emergency itself. The Director may grant an emergency permit upon reasonable terms and conditions which shall include, at a minimum, an expiration date and the necessity for a regular permit application later, if the Director finds that:

(1)

An emergency exists and requires action more quickly than permitted by the procedures for administrative permits or for ordinary permits, and the development can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit;

(2)

Public comment on the proposed emergency action has been reviewed if time allows; and

(3)

The work proposed would be consistent with the requirements of the coastal program.

(G)

Reporting.

(1)

The Director shall report in writing to the Board of Supervisors at each meeting the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.

(2)

All emergency permits issued after the mailing for the meeting shall be briefly described by the Director at the meeting and the written report required by Subparagraph (1) shall be distributed prior to the next succeeding meeting.

(3)

The report of the Director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the Director.

(4)

Notice of emergency permits shall be provided by phone or letter to the California Coastal Commission as soon as possible, but in any event within three (3) days, following issuance of the emergency permit.

(H)

Compliance. An emergency permit shall be valid for not more than sixty (60) days from the date of issuance. Prior to expiration of the emergency permit, the permittee must submit a coastal development permit application for the development or else remove the development undertaken pursuant to the emergency permit in its entirety and the site restored to its previous condition. Failure to comply with the provisions of this section or failure to properly notice and report by the applicant any emergency actions may result in enforcement action pursuant to Chapter 20.552.

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

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.055. See editor's note for § 20.536.010.

CHAPTER 20.540 - VARIANCES

Sec. 20.540.005 - Purpose.

A variance is an exception from zone restrictions granted by the Coastal Permit Administrator upon application when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Variances shall not be granted to authorize uses or activities which are not otherwise expressly authorized by the regulations of this Division.

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

Sec. 20.540.010 - Original Jurisdiction.

The original jurisdiction shall be exercised over variances as follows:

(A)

Concurrent Application. When an application for granting or modifying a variance is submitted concurrently with an application for granting or modifying another coastal permit and said variance would be incidental and necessary to said permit, the variance shall be designated as a concurrent variance and the application shall be reviewed by the approving authority.

(B)

Regular Variance. All other variances shall be designated as a regular variance and applications for their granting or modification shall be under the jurisdiction of the Coastal Permit Administrator.

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

Sec. 20.540.015 - Application and Fee.

Applications for a variance or modification thereof shall be filed with the Coastal Permit Administrator upon such forms and accompanied by such plans and data as may be prescribed by the Coastal Permit Administrator so as to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee.

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

Sec. 20.540.020 - Findings.

Before any variance may be granted or modified it shall be shown:

(A)

That there are special circumstances applicable to the property involved, including size, shape, topography, location, or surroundings; and

(B)

That such special circumstances or conditions are not due to any action of the applicant subsequent to the application of the zoning regulations contained in this Division and applicable policies of the Coastal Element; and

(C)

That such variance is necessary for the preservation and enjoyment of privileges possessed by other property in the same vicinity and zone and denied to the property in question because of the special circumstances identified in Subsection (A); and

(D)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and

(E)

That the variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning provisions governing the parcel; and

(F)

That the granting of such variance is in conformity with all other provisions of this Division and the Mendocino Coastal Element and applicable plans and policies of the Coastal Act.

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

(A)

Action. Upon completion of review and evaluation of an application for a variance, the Coastal Permit Administrator or other approving authority pursuant to Section 20.540.010(A) shall either:

(1)

Make such findings or other determination as is required by the pertinent sections of the zoning code and approve the application. The variance may be granted for the full dimensions and extent as requested by the applicant.

(2)

Notify the applicant of the changes and modifications required for approval of the application, or

(3)

Deny the variance. The Coastal Permit Administrator shall deny the variance if:

(a)

The variance cannot be conditioned by adequate requirements to insure compliance with applicable regulations and applicable plans and policies of the Coastal Act; or

(b)

The application for the variance cannot reasonably be modified to conform to the applicable development requirements; or

(c)

The required findings of Section 20.540.020 cannot be made.

(B)

Time Period. Within one hundred eighty (180) days of filing of a complete application for a variance, the Coastal Permit Administrator shall take such action as is specified in subsection (A) above. The one hundred eighty (180) day time period may be extended ninety (90) days with the written consent of the applicant and the department. If the Coastal Permit Administrator does not act within the specified time period or extension thereof, the application shall be deemed to have been approved. The date of the actual filing of the application for the purposes of this section shall be the date of the environmental determination as required by local and state environmental review procedures. When an application has been deemed approved by failure to act, such approval shall be subject to the notice requirements of Section 20.536.010(F).

(C)

Public Hearing and Notice. A public hearing and notice shall be required in accordance with Section 20.536.010.

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

Sec. 20.540.030 - Conditional Variance.

Any variance granted may be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. Guarantees to insure compliance with the terms and conditions may be required by the approving authority.

Decisions of the approving authority on an application for a development appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. Where an application for a development is not appealable to the Coastal Commission, the decision of the approving authority shall become final and effective on the eleventh (11th) day following the action of the approving authority to approve or deny the variance unless prior to said eleventh (11th) day an appeal of the decision is filed as provided by Chapter 20.544.

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

Sec. 20.540.040 - Expiration.

Each valid unrevoked and unexpired variance shall expire and become null and void at the time specified in such variance, or if no time is specified, at the expiration of two (2) years after granting except where

construction and/or use of the property in reliance on such variance has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous.

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

Sec. 20.540.045 - Application for Amendment.

Any person holding a variance may apply for an amendment by complying with Section 20.540.015. For the purposes of this section, the amendment of a variance may include modification of the terms of the variance itself or the application, waiver or alteration of conditions imposed pursuant to Section 20.540.030.

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

Sec. 20.540.050 - Revocation or Modification.

A variance may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a variance may include modification of the terms of the variance itself or the waiver, alteration or imposition of new conditions pursuant to Section 20.540.030.

(A)

Grounds for Revocation or Modification. A variance may be revoked or modified pursuant to the provisions of this section on any one or more of the following grounds:

(1)

That such variance was obtained or extended by fraud;

(2)

That one or more of the conditions upon which such variance was granted have been violated;

(3)

That the use for which the variance was granted is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance;

(4)

A final judgment of a court of competent jurisdiction has declared one (1) or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operations of one (1) or more such conditions.

(B)

Initiation of Action. An action to revoke or modify a variance may be initiated by order of the Board of Supervisors, or the approving authority, whichever granted or modified the variance, on its own motion or on the request of any County Officer; provided however that the Board of Supervisors may initiate an action to revoke or modify any variance granted or modified by the Coastal Permit Administrator.

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

Sec. 20.540.060 - Reapplication.

No application for the granting of a variance which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission to do so has been granted as follows:

(A)

Denial by Coastal Permit Administrator. If the Coastal Permit Administrator has denied the variance, permission to reapply may be granted by the Coastal Permit Administrator or the Board of Supervisors.

(B)

Denial by the Planning Commission. If the Planning Commission has denied the variance, permission to reapply may be granted by the Planning Commission or Board of Supervisors.

(C)

Denial by the Board of Supervisors. If the Board of Supervisors has denied the variance, permission to reapply may be granted by the Board of Supervisors.

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

Sec. 20.540.065 - Nuisance.

The granting or modification of any variance to these provisions shall not authorize or legalize the maintenance of any private or public nuisance.

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

CHAPTER 20.544 - APPEALS

The purpose of this Chapter is to prescribe the procedure by which an appeal may be taken from a decision of the Planning and Building Services Department, Coastal Permit Administrator, Planning Commission or Board of Supervisors made pursuant to the administration or enforcement of this Division.

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

Sec. 20.544.010 - Administrative Appeals.

(A)

Request for a hearing before the Planning Commission may be made by an aggrieved person from any decision, determination, or requirement of the Planning and Building Services Department except for decisions by the Director or his/her designee on exemptions and coastal development ministerial permits for ADUs and JADUs or by the Coastal Permit Administrator on coastal development administrative permits for ADUs and JADUs. An administrative appeal may be made by filing a notice thereof in writing with the Planning and Building Services Department within ten (10) calendar days after such decision, determination or requirement is made. Such appeal shall be accompanied by a fee.

(B)

The Planning and Building Services Department shall prepare a written report that includes its findings which shall be forwarded to the Planning Commission for action. The action of the Planning Commission is final unless appealed to the Board of Supervisors pursuant to Section 20.544.015.

(C)

Notice shall be provided pursuant to Section 20.536.015.

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

(Ord. No. 4497, § 29, 11-9-2021)

Sec. 20.544.015 - Coastal Permit Administrator and Planning Commission Appeal.

(A)

Request for hearing before the Board of Supervisors may be made by an aggrieved person from any final decision of the Coastal Permit Administrator, except for a decision on a coastal development administrative permit for an ADU or JADU, or the Planning Commission by filing a notice thereof in writing with the Clerk of the Board within ten (10) calendar days after such decision, determination or requirement is made. Such appeal shall be accompanied by a fee.

(B)

The Board of Supervisors shall hold a public hearing on the appeal, noticed in the same manner and to the same extent as initially noticed for the Coastal Permit Administrator and/or Planning Commission meeting.

The Board of Supervisors, after considering the notice and Planning and Building Services Department report may remand, affirm, reverse or modify any such decision, determination or requirement as it finds in compliance with this Division and the Coastal Element of the General Plan. The Board of Supervisors shall adopt findings which specify the facts relied upon in deciding the appeal, and the findings shall state the reasons for any conditions imposed. The decision of the Board of Supervisors is final unless the decision is appealable to the Coastal Commission.

(C)

No permit or variance shall be issued for any use or structure related to the action of the Coastal Permit Administrator, Planning Commission or Board of Supervisors until the applicable appeal period has expired and no appeals have been filed with the appropriate appellate body.

(D)

Notice of the decision of the Board of Supervisors, together with a copy of the findings adopted shall be mailed within ten (10) calendar days following the date of the decision on appeal. Notice shall be provided by first class mail to the applicant and/or appellant, any person who specifically requested, in writing, notice of such decision, and the Coastal Commission. The notice shall include the written findings, any conditions of approval, and procedures for appeal where applicable.

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

• (Ord. No. 4497, § 30, 11-9-2021)

Sec. 20.544.020 - Coastal Commission Appeals.

(A)

An appeal of a decision to approve a coastal development permit may be filed with the Coastal Commission by an applicant or any aggrieved person who has exhausted local appeals, or any two (2) members of the Coastal Commission. The appeal must comply with the requirements specified by 14 California Administrative Code Section 13111, and the appeal must be received by the Coastal Commission on or before the tenth (10th) working day after Coastal Commission receipt of the notice of final permit action on the coastal development permit.

(B)

An action taken on a coastal development permit may be appealed to the Coastal Commission for only the following types of developments:

(1)

Developments approved between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance;

(2)

Developments approved not included within Paragraph (1) of this section that are located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream, or within three hundred (300) feet of the top of the seaward face of any coastal bluff;

(3)

Any approved division of land;

(4)

Any development approved that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500) of the Coastal Act;

(5)

Any development which constitutes a major public works project or a major energy facility;

(6)

Developments approved not included within Paragraphs (1) or (2) that are located in a sensitive coastal resource area.

(C)

Grounds for Appeal.

(1)

The grounds for an appeal pursuant to Paragraph (2), (3), (4), (5) or (6) of Subdivision (B) shall be limited to an allegation that the development does not conform to the Certified Local Coastal Program and the public access policies set forth in the Coastal Act.

(2)

The grounds for an appeal of a denial of a permit pursuant to Paragraph (5) of Subdivision (B) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in the Coastal Act.

(D)

An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Commission's regulations and be an aggrieved person where the appellant has pursued his or her appeal to the local appellate body as required by the County appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:

(1)

The County required an appellant to appeal to more local appellate bodies for permits in the coastal zone than were required in the implementation section of the Local Coastal Program;

(2)

An appellant was denied the right of the initial local appeal by a local ordinance which restricts who may appeal a local decision;

(3)

An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this division;

(4)

The County charges an appeal fee for the filling or processing of appeal.

(E)

Where a project is appealed by any two (2) members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that notice of Commission appeals shall be transmitted to the local appellate body (which considers appeals from the approving authority that rendered the final decision) and the appeal to the Commission shall be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the Commissioners, shall be required to file a new appeal from that decision.

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

CHAPTER 20.548 - AMENDMENTS

Sec. 20.548.005 - Purpose.

The purpose of this Chapter is to provide procedures to change the boundaries of districts or change any other provisions of this Division.

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

Sec. 20.548.010 - Initiation.

(A)

An application to amend this Division may be initiated by:

(1)

Minute order of the Board of Supervisors; or

(2)

Minute order of the Planning Commission; or

(3)

Recommendation of the Department of Planning and Building Services; or

(4)

An application of one (1) or more property owners affected by the proposed amendment; such application shall be filed with the Planning and Building Services Department on forms provided and shall be accompanied by a fee.

(B)

An application for amendment of the text or map(s) of this Division may also be initiated in conjunction with an application for an amendment of the Coastal Element of the General Plan. An application for a general plan amendment shall be filed with the Planning and Building Services Department on forms provided and shall be accompanied by a fee.

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

Sec. 20.548.015 - Application Form, Filing and Fee.

(A)

An application for amendment of this Division shall be made on the prescribed form and filed with the Planning and Building Services Department. The fee established by the Board of Supervisors shall be paid when the application is submitted.

(B)

The application for amendment shall include information concerning the need and reason for the amendment.

(C)

An application to amend the maps of this Division shall include a map of the proposed amendment area depicting the affected area by Assessor's parcel number.

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

Sec. 20.548.020 - Processing of Amendment.

(A)

Administrative Review. The Planning and Building Services Department shall process the application for amendment through the project review process in accordance with Sections 65800 through 65993 of the Government Code, Sections 21000 through 21176 of the Public Resources Code, Sections 13500 through 13577 and Sections 15000 through 15387 of the California Administrative Code.

(B)

Planning Commission Hearing. After Administrative Review, the Planning Commission shall hold a duly noticed public hearing on the application for amendment.

(C)

Action by the Planning Commission. After the hearing, the Planning Commission shall render its decision in the form of a report incorporating a written recommendation to the Board of Supervisors.

(D)

Action by the Board of Supervisors. After holding a noticed public hearing, the Board of Supervisors may approve, modify, or disapprove the recommendation of the Planning Commission provided, however, that any modification of the proposed amendment by the Board of Supervisors shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference shall be deemed to be approval of the proposed modification.

(E)

Notice of Action. Within ten (10) days after a decision by the Board of Supervisors, the Clerk of the Board shall give notice of the decision to the applicant for the amendment and any other party who has requested such notice.

(F)

Notice of Environmental Determination. Following each amendment approved by the Board of Supervisors where the County is the Lead Agency, a Notice of Determination shall be filed pursuant to all requirements of Sections 15075 and 15094 of the California Administrative Code and Section 21152 of the California Public Resources Code.

(G)

Coastal Commission Certification. Approval of an application for an amendment shall not become effective until the amendment has been approved and certified by the Coastal Commission.

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

Upon the consent of the Planning Commission or Board of Supervisors, any application for an amendment may be withdrawn upon the written notice of any person who signed such application. The Board of Supervisors or the Planning Commission, as the case may be, may abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held.

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

Sec. 20.548.030 - Notice to County Assessor.

Whenever the zoning covering a property is changed from one zone to another with respect to any property, the Planning and Building Services Department shall, within ten (10) days, notify the County Assessor.

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

CHAPTER 20.552 - ENFORCEMENT

(A)

All departments, officials, and public employees of the County which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Division and shall issue no such permit or license for uses, buildings or purpose where the same would be in conflict with the provisions of the Division and the Coastal Element of the General Plan.

(B)

It shall be the duty of the Planning and Building Services Department and of the officers of the County herein and/or otherwise charged by law with the enforcement of this Division to enforce this Division and all provisions of same.

(C)

The Planning and Building Services Department is hereby authorized to issue Stop Work Orders to prohibit further construction or use of structures and property involving violations of this Division. Such Stop Work Orders shall remain in effect until violations are eliminated.

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

(A)

Violation of this Division may be an infraction, and may be punishable by fines as specified in Government Code Section 25132 and Public Resources Code Section 30820 and Section 30821. Further, such violations may be redressed by civil action through the Office of the County Counsel and/or the Office of the Attorney General. A separate offense shall be deemed for each and every week the first citation is issued, and shall be punishable as herein provided.

(B)

Any violation of provisions of this Division may cause to be filed for the record with the Recorder of the County in which the real property is located a notice of such violation and a lien of the estimated permit costs and penalties (such fees shall be further evaluated at the time of restitution). The notice shall specify the names of the record owners and particularly describing the real property, provided that, at least thirty (30) days prior to recording such notice and/or lien the owner of the parcels or units to be affected by the notice of violation, shall be advised in writing of the intention to record the notice specifying the time, date and place at which the owner may present evidence to the Department of Planning and Building Services as to why such notice should not be recorded. The decision of Planning and Building Services may be appealed to the Board of Supervisors.

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

It shall be unlawful, and prohibited, to violate any term or condition of any permit or approval granted or issued under this Division including, but not limited to coastal development use permits, variances, coastal development administrative permits, business licenses and use and occupancy permits. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating any such term or condition shall be subject to sanctions provided in Section 20.552.010 of this Division. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every act during any portion of which any violation of such term or condition is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.

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

All remedies provided for herein shall be cumulative and not exclusive.

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

Any use of the property or any building set up, erected, built, moved or maintained contrary to the provisions of this Division shall be and the same is hereby declared to be unlawful and a public nuisance. The office of the County Counsel may or at the direction of the Board of Supervisors shall commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or enjoin such use and restrain and enjoin any persons, firms, or corporation or other entity from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this Division.

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

Sec. 20.552.030 - Notification of Litigation Concerning Development in the Coastal Zone and Attorney General Intervention.

The provisions of California Public Resources Code Section 30800 et seq. shall apply to development in the coastal zone and in any case where the final decision of the County on a development permit in the coastal zone has been made, and when litigation has subsequently been commenced against the County concerning its decision, the County and plaintiff or petitioner shall promptly forward a copy of the complaint or petition to the Executive Director of the California Coastal Commission. At the request of the County, and with the concurrence of the Coastal Commission, the Executive Director shall request the Attorney General to intervene in such litigation on behalf of the Coastal Commission. The County may also request that the Attorney General assist and/or intervene in such litigation on behalf of the County. Administrative remedies pertaining to coastal development permits are not deemed to have been exhausted unless all appeal procedures provided by the California Coastal Act (Public Resources Code Section 30000 et seq.) and these regulations have been exhausted.

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

APPENDIX A;

SAMPLE

Recording Requested by and When Recorded, Mail To: Mendocino County Planning and Building Services Dept. Courthouse, Ukiah, CA

and

---

---

---

IRREVOCABLE OFFER TO DEDICATE EASEMENT

AND

DECLARATION OF RESTRICTIONS

THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter "Offer") is made this _______ day of ;daterule, _______, by ___________, (hereinafter referred to as "Grantor").

hereby incorporated by reference, subject to the following conditions:

• VI. WHEREAS, the subject property is a parcel located_______; and

• VII. WHEREAS, the found that but for the imposition of the above condition, the proposed development could not be found consistent with the _______ policies of Section of the California Coastal Act of 1976 and the Mendocino Local Coastal Element and that therefore in the absence of such a condition, a permit could not have been granted;VIII. WHEREAS, it is intended that this Offer is irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California Constitution and that said Offer, when accepted, shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1;

NOW THEREFORE, in consideration of the granting of Permit No. ___ to the owner(s) by the _______, the owner(s) hereby offer(s) to dedicate to the People of California an easement in perpetuity for the purposes of ___________located on the subject property _______ and as specifically set forth by attached Exhibit C hereby incorporated by reference.

1. BENEFIT AND BURDEN. This Offer shall run with and burden the Property and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from the date of recordation of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the State of California.

shall run with and burden the Property and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from the date of recordation of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the State of California.

2. DECLARATION OF RESTRICTIONS. This Offer of Dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights, established by a court of law, of public access acquired through use which may exist on the Property.

3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior to recordation of an acceptance of this offer, the grantee shall notify the grantor or the grantor's successor in interest of the grantee's intent to accept the recorded offer of dedication. Prior to the opening of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access is effectuated, provided such amendment does not conflict with the management plan adopted by the County of Mendocino.

4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired.

5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary.

6. TERM. This irrevocable Offer of Dedication shall be binding for a period of twenty-one (21) years. Upon recordation of an acceptance of this Offer by the Grantee, this Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. The People of

the State of California shall accept this offer through the local government in whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or its successor in interest.

Acceptance of the Offer is subject to a covenant which runs with the land, providing that any offeree to accept the easement may not abandon it but must instead offer the easement to other public agencies or private associations acceptable to the Executive Director of the Commission and the County of Mendocino for the duration of the term of the original Offer to Dedicate.

Executed on this _______ day of ________, at _______, California.

NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book.

On this _______ day of ________, in the year _______, before me ___________, a Notary Public, personally appeared _______ _____ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to this instrument, and acknowledged that he/she/they executed it.

---

NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE

This is to certify that the Offer to Dedicate set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to the action of the _______ when it granted Coastal Development Permit No. _______ on _______, and the California Coastal Commission consents to recordation thereof by its duly authorized officer.

On this _______ day of ________, in the year _______, before me ________, a Notary Public, personally appeared ___________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed this instrument as the _______ an authorized representative of the California Coastal Commission and acknowledged that the California Coastal Commission executed it.

_____ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE

APPENDIX B

EXTERIOR NOISE LIMIT STANDARDS

(Levels not to be exceeded more than 30 minutes in any hour)

Interpretive Footnotes:

1.

When an acoustical study demonstrates that the ambient noise level exceeds the noise standard, then the ambient noise level becomes the standard.

2.

Higher noise levels may be permitted for temporary, short-term or intermittent activities when no sensitive or residential uses will be affected.

3.

County staff shall recommend which receiving land use category applies to a particular project, based on the mix of uses and community noise levels. Industrial noise limits are intended to be applied at the boundary of industrial zones, rather than within industrial areas.

4.

The "rural/suburban" standard should be applied adjacent to noise sensitive uses, such as hospitals or convalescence homes.

5.

"Highways" apply to roads and highways where average daily traffic (ADT) exceeds ten thousand (10,000).

(Ord. No. 4149 (part), adopted 2005)

MENDOCINO COUNTY

ZONING ORDINANCE

Title 20—Division III

of The Mendocino County Code

==> picture [390 x 420] intentionally omitted <==

DIVISION III - MENDOCINO TOWN ZONING CODE CHAPTER 20.604 - BASIC PROVISIONS

This Division constitutes Division III of Title 20 of the Mendocino County Code and shall be known and cited as the "Mendocino Town Zoning Code."

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.010 - Necessity and Purpose.

(A)

This Division is adopted pursuant to Title 7 of the California Government Code and Division 20 of the California Public Resources Code to:

(1)

Implement the Mendocino Town Plan geographical segment, as certified by the California Coastal Commission ("Coastal Commission"), of the Coastal Element of the Mendocino County General Plan;

(2)

Prescribe land use regulations for the Town of Mendocino deemed necessary to preserve the community character of the Town;

(3)

Allow for orderly growth, conservation of coastal resources, and public access to and along the coast by careful delineation of land uses, provision of community services, and review of applications for development;

(4)

Protect Mendocino's status as a special community and a historical residential community, with significant coastal resources; and

(5)

Supplement the regulations of Division II, as provided herein.

(B)

It is the intent of this Board of Supervisors that the Town of Mendocino segment of the Mendocino County certified Local Coastal Program be carried out in a manner fully in conformity with the provisions of the California Coastal Act, as amended ("Coastal Act," Public Resources Code Section 30000 et seq.). The Town Local Coastal Program consists of:

(1)

The Town Plan,

(2)

The Town Land Use Map,

(3)

The Town Zoning Code and other measures that implement the Town Plan, and

(4)

The Town Zoning Map, as certified by the Coastal Commission.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.015 - Applicability.

These regulations supersede the existing zoning regulations, as amended, of the County of Mendocino, for land which lies within the unincorporated area of the Town of Mendocino. If any provisions of these regulations should be determined to be inapplicable, the provisions of the Mendocino Town Plan shall continue to apply. Nothing in these regulations shall be construed as validating or legalizing any land use or building or structure conducted, constructed, erected or maintained in violation of any Federal, State or Mendocino County Code.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.020 - Zoning Regulations Supersede Existing Zoning Code.

(A)

These regulations supersede the County of Mendocino zoning regulations, as amended and certified by the Coastal Commission through October 20, 2015, for land which lies within the Coastal Commission approved boundaries of the unincorporated area of the Town of Mendocino. The certified Town of Mendocino Zoning Map (Section 20.604.045, Figure 1 of the certified Town Zoning Code) illustrates and specifies these boundaries.

(B)

If any provisions of these regulations should be determined to be inapplicable, all other provisions of these regulations and the provisions of the Mendocino Town Plan, as adopted by the Board of Supervisors and certified by the California Coastal Commission, shall continue to apply.

(C)

Nothing in these regulations shall be construed as validating or legalizing any land use, building, or structure, or other development conducted, constructed, erected, performed, or maintained without all required County, State, or Federal authorization.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.604.025 - Effect of Zoning Enabling Plan.

To make effective a degree of zoning protection in the unincorporated Town of Mendocino, all kinds, locations, and intensities of use of land within a particular zoning district, or overlay combining district, as defined by this Division, which are not permitted by the regulations established herein for that zoning or overlay district are prohibited. Except as hereinafter otherwise provided:

(A)

No building shall be erected and no existing building shall be moved, altered, or enlarged, except as provided in Chapter 20.716 of this Division.

(B)

No land, building or premises shall be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in this Division as permitted, or uses permitted by conditional use permit, in the zoning district in which such building, land, or premises is located, except as provided in Chapter 20.716 of this Division.

(C)

No building shall be erected, reconstructed, or structurally altered, enlarged, or rebuilt, and no open space shall be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this Division for the zoning district in which such building or open space is located, except as provided in Chapter 20.716 of this Division.

(D)

No yard or other open space provided about any building for the purpose of complying with the provisions of this Division shall be considered as providing a yard or open space for any other building site, and no yard or other open space on one (1) building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.030 - Completion of Approved or Exempt Buildings.

Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which (a) a coastal development permit has been issued by the County of Mendocino, by the California Coastal Zone State or Regional Coastal Zone Conservation Commissions, or by the California State or Regional Coastal Commissions prior to any certified amendment of this Division these regulations, provided that actual construction of such building or structure authorized by a coastal development permit issued by the County has commenced within one (1) year after the date of approval of the coastal development permit, (2) progress toward completion of the structure is continuous, and (3) a valid coastal development permit exists during the entire period of construction, or (b) no coastal development permit is required pursuant to the permit exemptions in Section 20.720.020 of this Code, California Coastal Commission Categorical Exclusion Order E-96-1, or any other applicable exclusions, and (c) provided further, that such construction and proposed use of such building or structure is not, on said effective date, in violation of any other code or law. The Director of the Department of Planning and Building Services may extend the time period provided in Sec. 20.604.030(a) pursuant to the procedures established in Sec. 20.720.060. Actual construction is defined, for purposes of this Section, to be the placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement is being excavated, such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.030 to read as set out herein. Previously § 20.604.030 was titled "Completion of Existing Buildings."

(A)

Where conflict occurs between, or among, the regulations of this Division and any other regulations within the County, the regulations of this Division shall control.

(B)

Where regulations overlap within this Division, or where regulations within Divisions of Title 20 overlap, the regulation which is most protective of coastal resources shall take precedence.

(C)

Application and interpretation of the provisions of this Division shall be consistent with the certified Mendocino Town Plan and, as applicable pursuant to Public Resources Code Section 30604(c), the public access and recreation policies of Chapter 3 of the California Coastal Act, as amended. In interpreting and applying the provisions of this Division, the Mendocino Town Plan and Chapter 3 of the California Coastal Act shall further guide its interpretation. Pursuant to Public Resources Code Section 30625(c), decisions of the Coastal Commission, where applicable, shall guide the implementation and interpretation of this Division. The requirements of this Division shall be held to be the minimum requirements for the promotion and protection of the public safety, health and the general welfare.

(D)

It is not intended that this Division shall interfere with, abrogate, or annul any easements, covenants, or other agreements now in effect; provided, however, that where this Division imposes a greater restriction than is imposed or required by other codes, chapters, rules, regulations, easement, covenants, or agreements, the provisions of this Division shall apply.

(E)

Except as otherwise provided, the restrictions or provisions of this Division shall not be understood to be applied retroactively to any use or structure that has been legally established.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.040 - Designation of Zoning Map.

The designation, location, and boundaries of the Zoning Districts in the Town of Mendocino shall be by written description or by delineation on the Town Zoning Map, which may hereafter be adopted or amended pursuant to Chapter 20.732 of this Division; provided, no amendment of the Town of Mendocino Zoning Map shall become effective unless it is certified by the California Coastal Commission pursuant to the Coastal Act. The certified Town of Mendocino Zoning Map and all notations, references, data, and other

information shown thereon shall become a part of these regulations and subject thereto, and all such written descriptions and maps shall constitute Section 20.604.045 hereof.

• (Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.040 to read as set out herein. Previously § 20.604.040 was titled "Conflict Resolution."

Sec. 20.604.045 - Zoning Map.

This section consists of the Town of Mendocino Zoning Map and graphic depictions of real property within the unincorporated Town of Mendocino. The Town of Mendocino Zoning Map is hereby adopted and incorporated herein by reference as Figure 1 of the Town of Mendocino Zoning Code. Copies of the Town of Mendocino Zoning Map shall be maintained by the Clerk of the Board and by the Department of Planning and Building Services and shall be posted to the County web site at: http://www.co.mendocino.ca.us/planning/ZoningMaps.htm. (The Mendocino Town Zoning Map is reproduced for illustrative purposes in Figure 1 of Mendocino Town Zoning Code.)

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.045 to read as set out herein. Previously § 20.604.045 was titled "Zoning Maps."

Sec. 20.604.050 - Uncertainties in Zone Boundaries.

Where uncertainty exists as to any boundary of any Zoning District shown on the Town of Mendocino Zoning Map, the Coastal Permit Administrator shall apply the following rules to resolve such uncertainty:

(A)

Where Zoning District boundaries approximately follow lot, alley, or street lines, such lot lines or street and alley centerlines shall be construed as the district boundaries.

(B)

If a Zoning District boundary divides a lot, and the boundary line location is not otherwise designated or described, the location of the boundary shall be determined by use of scale appearing on the Zoning Map.

(C)

Where a public street or alley is officially vacated or abandoned pursuant to a coastal development permit, the area formerly in said street or alley shall be included within the Zoning District or Zoning Districts of the adjoining lot or lots of said vacated or abandoned street or alley, to the centerline of such street or alley.

(D)

The purpose of parcels with split zoning is to provide a buffer between residential areas and more intense uses, such as the Commercial and Mixed Use Zoning Districts. Where a parcel is bisected by a Commercial/Town Residential or other Residential zoning district boundary, or Mixed Use/Town Residential or other Residential zoning district boundary, (1) the regulations of each district shall apply separately to that portion of the parcel lying in either district, (2) the zoning district boundary shall be considered a de facto parcel line for the purposes of determining setbacks, lot coverage and other development regulations of this division, and (3) the provisions or requirements of either district shall not apply to the entire parcel.

(E)

Where further uncertainty exists, the Planning Commission, upon written request or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the Zoning Map and the purposes set forth in the Base Zone District Regulations.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.604.055 - Severability.

If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this Division, which is reasonably separable from the remaining portion of this Division, is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Division, it being herein expressly declared that this Division and each chapter, section, subsection, paragraph, sentence, clause, or phrase thereof would have been adopted irrespective of the fact that any one or more chapters, sections, subsections, paragraphs, clauses, or phrases be declared invalid or unconstitutional.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.608 - DEFINITIONS

Sec. 20.608.005 - Declaration.

The provisions of this Chapter shall be known as the Town of Mendocino Zoning Code Definitions. The purpose of these provisions is to promote consistency and precision in the application and interpretation of this Division. The meaning and construction of words and phrases as set forth herein shall apply throughout this Division, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in this Division, in which case the definitions in this Division shall control.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.010 - General Rules For Construction of Language.

The following general rules of construction shall apply to the textual provisions of the Town of Mendocino Zoning Code:

(A)

Headings. Section and subsection headings contained herein shall not be declared to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Town of Mendocino Zoning Code.

(B)

Illustration. In case of any difference of meaning, implication, or connotation within this Division between the text of any provision and any illustration, the text shall control.

(C)

Shall and May. "Shall" is always mandatory and not directory (discretionary). "May" is always directory (discretionary) and not mandatory.

(D)

Tenses and Numbers. Words used in the present tense include the future, and words used in the plural, include the singular, unless the context clearly indicates the contrary.

(E)

Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that all of the connected items or provisions shall apply.

(2)

"Or" indicates that the connected items or provisions may apply singly or in any combination, as stated.

(3)

"Either...or" indicates that the connected items or provisions shall apply singly, but not in combination.

(F)

All public officials, bodies, and agencies to which reference is made are those of the County of Mendocino, unless otherwise indicated.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.015 - General Terms.

(A)

"Board" or "Board of Supervisors" both mean the Board of Supervisors of the County of Mendocino.

(B)

"CEQA" means the California Environmental Quality Act (Division 13, California Public Resources Code).

(C)

"Chapter" means a portion of the Mendocino Town Zoning Code, unless otherwise indicated.

(D)

"Coastal Act" means the California Coastal Act of 1976, as amended. (Public Resources Code Division 20, Sections 30000 et seq.).

(E)

"Coastal Commission" means the California Coastal Commission, as established pursuant to the Coastal Act (Division 20, California Public Resources Code).

(F)

"Coastal Conservancy" means the California State Coastal Conservancy, as established pursuant to Division 21, California Public Resources Code.

(G)

"Coastal Element" means the Land Use Plan for the coastal zone of the County of Mendocino, adopted as an element of the Mendocino County General Plan and certified by the California Coastal Commission.

(H)

"Commission" or "Planning Commission" both mean the Planning Commission of the County of Mendocino.

(I)

"County" means the County of Mendocino.

(J)

"Department" means the Department of Planning and Building Services of the County of Mendocino.

(K)

"Director" means the Director of the Department of Planning and Building Services of the County of Mendocino.

(L)

"Division" means Division III of Title 20 of the Mendocino County Code, which contains the entire Town of Mendocino Zoning Code, unless otherwise indicated.

(M)

"Federal" means the Government of the United States of America.

(N)

"General Plan" means the County of Mendocino General Plan.

(O)

"Mendocino Town Plan" means the Town of Mendocino Local Coastal Program Land Use Plan, which is Chapter 4.13 of the Mendocino County General Plan Coastal Element.

(P)

"MHRB" or "Review Board" means the Mendocino Historical Review Board.

(Q)

"Section" means a section of the Town of Mendocino Zoning Code, unless otherwise indicated.

(R)

"State" means the State of California.

(S)

"Title" means the Mendocino County Zoning Code (Title 20 of the Mendocino County Code), unless otherwise indicated.

(T)

"Town" means the unincorporated area of the Town of Mendocino, within the boundaries adopted by the County and approved by the Coastal Commission for the geographic segmentation of the Town of Mendocino, for local coastal program purposes, on June 13, 1990, and which consist of (a) the boundary of the County of Mendocino along the shoreline of the Pacific Ocean and (b) the terrestrial boundary of the Mendocino City Community Services District as it existed on June 13, 1990. The Town boundaries are depicted on the Town of Mendocino certified Local Coastal Program Zoning Map and the Town of Mendocino certified Local Coastal Program Land Use Map.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.020 - Definitions (A).

(A)

"Access" means the permission, ability, and means to enter and pass to and from real property.

(B)

"Access, Blufftop" means a public accessway which runs along the bluff edge of a lot.

(C)

"Access, Coastal" means public rights of way to and along the sea.

(D)

"Access, Lateral" means a public accessway, alley, path, trail, street, road, easement, or other right-of-way which provides public access and use along, or generally parallel to the shoreline.

(E)

"Access, Vertical" means a public accessway, alley, path, trail, street, road, easement, or other public rightof-way which provides a public access connection between the first public road, street, trail, or public use area to:

(1)

Publically owned tidelands,

(2)

The shoreline,

(3)

The bluff top for public viewing, or

(4)

To a lateral public accessway.

(F)

"Accessory Building" means a detached subordinate structure, the use of which is incidental to the established primary use or main structure located on the same lot or building site, including, but not limited to, a private garage, storage shed, barn, and similar out buildings. In no case shall such accessory structure dominate, in purpose, the principal lawful structure or use. This definition, by itself, is not intended to prohibit an accessory structure which is greater in size than the main structure. Accessory buildings shall not contain any sleeping quarters or kitchen facilities, and are therefore not intended for human occupancy, except as provided in Chapter 20.704.

(G)

"Accessory Living Unit" means a guest cottage as defined in Section 20.608.026(H).

(H)

"Accessory Structure." See Accessory Building.

(I)

"Accessory Use" means the use of land or of a structure incidental or subordinate to the principal use located on the same lot or parcel.

(J)

"Aggrieved Person" means any person who, in person or through a representative, appeared at a public hearing held by the County in connection with the decision or action appealed; or who, by other appropriate means, prior to a hearing, informed the County of, the nature of his or her concerns, or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a coastal development permit and, in the case of an approval of a local coastal program, the local government involved.

(K)

"Alley" means a public or private way used as a secondary means of access to abutting real property, or between two (2) streets.

(L)

"Alteration" means the addition to, removal of, repair, glazing, painting or removal of paint, and similar modifications of a structure or outdoor advertising sign, or any part thereof, in Historical Zone A and Historical Zone B.

(M)

"Amendment, Coastal Development Permit" means any change to an approved or issued coastal development permit that constitutes a change in the approved development, or of any approved condition of development approval.

(N)

"Amendment, Local Coastal Program" means any change, modification, deletion, or addition, including but not limited to any wording, text, table, illustration, or figure, appendix, and/or documents incorporated by reference of the certified Mendocino Town Plan, Mendocino Town Land Use Map, Mendocino Town Zoning Code, or Mendocino Town Zoning Map, including any alteration in the boundaries of a zoning district, when adopted by the Board of Supervisors in the manner prescribed by law; provided, that no amendment to the Town of Mendocino Zoning Code shall become effective until it is certified by the California Coastal Commission.

(O)

"Animals, Large" means sheep, goats, swine, or similar bovine or equine animals.

(P)

"Animals, Small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, or other small domesticated animals, other than large animals.

(Q)

"Apartment" means a portion of a building which is designed and built for occupancy by three (3) or more families living in separate dwelling units.

(R)

"Applicant" means a person, partnership, organization, corporation, or federal, state or local government agency who is applying to the Planning and Building Services Department of the County of Mendocino for a coastal development permit, other land use approval administrative permit, or building permit or (b) the Mendocino Historical Review Board for review and approval of activities or work pursuant to the Mendocino Historical Preservation District Ordinance.

(S)

"Approving Authority" means the Planning and Building Services Department, Coastal Permit Administrator/Zoning Administrator, Mendocino Historical Review Board, Planning Commission, or Board of Supervisors authorized by this Division to make decisions affecting the administration or enforcement of the Mendocino Town Local Coastal Program, as certified by the Coastal Commission.

(T)

"Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals within the Town of Mendocino boundaries in, marine, brackish and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.021 - Definitions (B).

(A)

"Beach, inland extent" means a distinct linear feature on the landward side, including, but not limited to, (a) a seawall, road, or coastal bluff; (b) the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or (c) where there is no beach berm, the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.

(B)

"Bank" means an establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

(C)

"Barn" means a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies.

(D)

"Bed and Breakfast Accommodations" means any building or portion thereof, or groups of buildings, (a) containing two (2) but no more than four (4) lodging units (guest rooms or suites), each used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit, and (b) in which breakfast, snacks, other light meals, or beverages may be provided for separate compensation or as part of a room or suite package.

(E)

"Block" means all real property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead end street or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

(F)

"Boarding House" means a building or portion thereof, other than an inn, bed and breakfast accommodations, hotel, motel, hostel, vacation home rental, or student-instructor housing facility, where regular meals and/or lodging are provided for compensation or profit by prearrangement for periods of thirty (30) days or more for three (3) or more persons who do not constitute a family.

(G)

"Building" means a roofed structure, which is constructed in a permanent position upon the ground, and is designed and intended to be used for the shelter or enclosure of persons, animals, or personal property. This definition does not include any type of recreational vehicle, boat, or tent.

(H)

Building, Accessory. See Accessory Building.

(I)

Building Coverage. See Lot Coverage.

(J)

"Building, Detached" means any accessory or main building that does not share a common wall with any other accessory or main building.

(K)

"Building, Height of" means the vertical dimension of the roofline, parapet, or uppermost edge or plane of a building or structure, as measured from natural grade at any point within the building footprint.

(L)

"Building, Main" means (1) a building which is devoted primarily to a principal use or uses; or, (2) the only building on a lot. Where two (2) or more buildings are on a lot and each is occupied by a principal use, the main building shall be the largest building on the lot.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.022 - Definitions (C).

(A)

"Clinic" means any place, establishment, or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons or animals not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury.

(B)

"Coastal Bluff" means:

(a)

(1)

Those bluffs, the toe of which is now or was historically (generally within the last two hundred (200) years) subject to marine erosion; and

(2)

those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).

(b)

(1)

Bluff line or bluff edge shall be defined as the upper termination of a bluff, cliff, or sea cliff.

(2)

In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff.

(3)

In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge.

(c)

The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff.

(d)

Five hundred (500) feet shall be the minimum length of bluff line or bluff edge to be used in making these determinations.

(C)

"Coastal-dependent Development" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

(D)

"Coastal Development Permit" means a permit for any development within the coastal zone that is required pursuant to Section 30600(a) of the Public Resources Code.

(E)

"Coastal-Related Development" means any development or use that is dependent on a coastal-dependent development or use.

(F)

"Coastal Permit Administrator/Zoning Administrator" means the Planning and Building Services Director or designated representative, who shall have the authority to administer the coastal development permit process and to render decisions on variances, minor use permits and administrative permits as provided in this Division.

(G)

"Combining District" means a zoning district established by this Division which may be applied to a lot or portion thereof only in combination with a basic zoning district.

(H)

"Community Garden" means an area of land managed and operated by one (1) or more persons to sustainably grow and harvest food crops and/or non-food crops, including, but not limited to, flowers, for personal or group use or consumption. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals, or may be farmed collectively by members of the group.

(I)

"Conditional Use" means a use that may be allowed on a conditional and discretionary basis, subject to securing a conditional use permit pursuant to the applicable procedures and requirements of Mendocino Town Zoning Code Chapter 20.720, and for which a coastal development permit may, pursuant to California Public Resources Code Section 30603(a)(4), be appealed by an aggrieved person to the California Coastal Commission.

(J)

"Conservation Easement" means a legally drafted and recorded document between a landowner and the county, land trust, other qualified organization, or other public agency in which the owner places certain restrictions over all or portions of his/her land or structure in perpetuity, or for a period of time specified in such easement, to retain it in a predominantly natural, scenic, agricultural, or other open space condition. Except for the specific restrictions contained in the easement document, the owner retains all other rights in the real property. The easement shall run with the land and is therefore legally binding on present and future owners, heirs, assigns, and successors in interest.

(K)

"Construction" means clearing, grading, or other activities that involve ground disturbance; building, reconstructing, or demolishing a structure; and creation or replacement of impervious surfaces.

(L)

Corner Lot. See Lot, Corner.

(M)

"Cottage Industries" means a small scale business operated in or around a residential use, and which complies with Chapter 20.700.

(N)

"Cumulative Effect" ("Cumulative Impact") means the combined consequences of:

(a)

The incremental effects of an individual action, development, or project in connection with the effect of past actions, developments, or projects;

(b)

The effects of other current actions, developments, or projects; and

(c)

The effects of reasonably foreseeable probable future actions, developments, or projects.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.023 - Definitions (D).

(A)

"Day Care Home — Small Family" means a home providing day care for children under eighteen (18) years of age as defined by the California Health and Safety Code, but excluding overnight care.

(B)

"Day Care Home — Large Family" means a home providing day care for children under eighteen (18) years of age as defined by the California Health and Safety Code, but excluding overnight care.

(C)

"Density" means the number of dwelling units per acre or square feet, calculated as the total number of dwelling units divided by the total lot area.

(D)

Detached Building. See Building, Detached.

(E)

(1)

"Development" means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with California Public Resources Code Section 4511).

(2)

As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.

(3)

As used in this section, removal or harvesting of major vegetation is further defined in Section 20.608.032.

(F)

"Dwelling" means a building, or portion thereof, used exclusively for residential purposes, including onefamily, two-family, and multiple dwellings and boarding houses, but not including hotels, motels, inns, bed and breakfast accommodations, hostels, or other full-time visitor accommodations.

(G)

"Dwelling, Single-Family" means a building that contains not more than one (1) dwelling unit and is designed for occupancy by not more than one (1) family, as defined in Section 20.608.025.

(H)

"Dwelling, Two Family (Duplex)" means a building that contains two (2) dwelling units.

(I)

"Dwelling, Multi-Family (Apartment)" means a building or portion thereof that contains three (3) or more dwelling units.

(J)

"Dwelling Unit" means a single unit containing complete, independent living facilities for a person, persons, or a family, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one (1) kitchen.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.024 - Definitions (E).

(A)

"Easement" means a recorded right or interest in the real property of another, which entitles a holder thereof to a use, privilege or benefit over said property.

(B)

"Emergency" means a sudden unexpected occurrence that demands immediate action to prevent, or mitigate, loss or damage to life, health, property, or essential public services.

(C)

"Energy Facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

(D)

"Environmentally Sensitive Habitat Area" means any area in which plant or animal life, or their habitats, are either rare or especially valuable because of their special nature or role in an ecosystem, and which could easily be disturbed or degraded by human activities or developments. In the Town of Mendocino, environmentally sensitive habitat areas include, but are not limited to, anadromous fish streams, sand

dunes, rookeries and marine mammal haul-out areas, wetlands, riparian areas, areas of pygmy vegetation, and habitats of rare and endangered plants and animals.

(E)

"Estuary" means a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level of an estuary may be periodically increased to above that of the open ocean due to evaporation.

(F)

"Exterior of Structure" means, within Historic Zone A and Historic Zone B, any portion of the outside of a structure, any outdoor advertising sign, or any addition thereto or enlargement thereof.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.025 - Definitions (F).

(A)

"Family" means a person living alone, or two (2) or more persons related by blood, marriage, or adoption, or a group of unrelated persons living together who bear the generic character of a single non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, inn, motel, hotel, or bed and breakfast accommodation.

(B)

"Family Care Home" means a state-authorized, certified, or licensed family care home, foster home, alcoholism recovery facility, or group home serving six (6) or fewer mentally impaired or otherwise handicapped persons, or dependent and neglected children, and providing such care and service on a twenty-four (24) hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(C)

"Family Care Institution" means a state-authorized, certified or licensed family care home, foster home, or group home which does not qualify as a family care home.

(D)

"Family Care Unit" means the temporary use of a building, structure, or trailer coach to provide housing for:

(1)

Not more than two (2) adult persons who are sixty (60) years of age or older, or

(2)

An immediate family member or members who require daily supervision and care, or

(3)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(E)

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(F)

"Fill" means a deposit of earth or any other substance or material by artificial means, including pilings placed in a submerged area for the purposes of erecting structures thereon.

(G)

"Finding" means a legally relevant conclusion which indicates the mode of analysis of facts, regulations, and policies that bridge the analytical gap between raw data and an ultimate decision.

(H)

Finished Grade. See Grade, Finished.

(I)

"First Public Road Paralleling the Sea:"

(a)

The first public road paralleling the sea means: that road nearest to the sea, as defined in Public Resources Code Section 30115, which (1) is lawfully open to uninterrupted public use and is suitable for such use; (2) is publicly maintained; (3) is an improved, all-weather road open to motor vehicle traffic in at least one direction; (4) is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and (5) does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

(b)

When based on a road designated pursuant to this section, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road.

(c)

The "Post-LCP Certification Permit and Appeal Jurisdiction; County of Mendocino" map number thirty-two (32) adopted by the Coastal Commission on May 14, 1992, and reproduced in Appendix 6, depicts the location of the first public road paralleling the sea in the Town of Mendocino.

(J)

"Floor Area, Gross" means the total of the gross horizontal areas of all floors, including usable attics and basements, below the roof and within the exterior surfaces or surrounding exterior walls of a building.

(K)

"Formula Lodging means a motel, hotel, inn, motel, or other visitor-serving lodging facility, that along with ten (10) or more other establishments, regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, décor, color scheme, façade, architecture, uniforms, advertising, or other similar standardized features.

(L)

"Formula Restaurant" means a restaurant devoted to the preparation and offering of food and beverages for sale to the public, that along with ten (10) or more other establishments regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, menus, ingredients, décor, color scheme, façade, architecture, uniforms, advertising, or other similar standardized features."

(M)

"Formula Retail" means a retail sales or rental activity or retail sales or rental establishment, that along with ten (10) or more other establishments, regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, décor, color scheme, façade, architecture, uniforms, advertising, or similar standardized features

(N)

Free-Standing Sign. See Sign, Free-Standing.

(O)

"Frontage" means that portion of a property line that abuts a legally accessible street right-of-way.

(P)

Front Yard. See Yard, Front.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.026 - Definitions (G).

(A)

"Garage, Private" means an accessory building, or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(B)

"Garage, Public" means a building other than a private garage in which spaces or stalls are rented to, or used by, the public for the shelter or storage of private automobiles, other forms of private transportation, or recreational vehicles, and which may include as a use incidental thereto, the storage of personal effects and personal household articles.

(C)

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

(D)

"Grade, Finished" means the finished surface of the ground after grading for development.

(E)

"Grade, Natural" means the surface of the ground prior to grading for development.

(F)

"Grading" means any excavation, filling, or combination thereof, involving movement or transfer of more than twenty-five (25) cubic yards of earthen material within, from, or to a lot or parcel.

(G)

Gross Floor Area. See Floor Area, Gross.

(H)

"Guest Cottage" means a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without a kitchen, that is clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.027 - Definitions (H).

(A)

"Habitable Floor" means any floor, usable for living purposes, that includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

(B)

Height of Building. See Building, Height of.

(C)

"Historically Important." See Sec. 20.760.025(C) Historically Important.

(D)

"Home Occupation" means an accessory use of not more than twenty-five (25) percent of the floor area of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services, which is conducted solely by occupants of the dwelling unit in a manner which does not change or disturb the residential appearance and character of the site. No home occupation shall be conducted in the garage or an accessory building; provided, that occupants of the dwelling may use an accessory building as a home office, art studio, or for similar purposes.

(E)

"Hostel" means any building or portion thereof, or group of buildings, containing five (5) or more dormitory rooms or private rooms, or providing accommodations for five (5) or more transient guests, for the purpose of providing lower cost public travel accommodations to recreational travelers. The hostel shall provide a kitchen, common room, and sanitary facilities for use by the transient guests.

(F)

"Hotel" means any building, or portion thereof, or group of buildings, containing five (5) or more lodging units (guest rooms or suites), each of which is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit. A hotel may offer meals or beverages for separate compensation or as part of a room or suite package.

(G)

"Household Pets" means animals or fowl ordinarily permitted in the dwelling area and kept for company or pleasure, rather than for profit, such as dogs, cats, birds, and similar small animals, but not including a sufficient number of animals to constitute a kennel, as defined in Section 20.608.30(A).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.028 - Definitions (I).

(A)

"Implementing Ordinance" means the ordinances, regulations, or programs which implement the policies or mandatory actions of the certified Town of Mendocino Land Use Plan (Town Plan).

(B)

"Inn" means any building, or portion thereof, or group of buildings containing five (5) or more lodging units (guest rooms or suites), each of which is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit. An inn may offer meals or beverages for compensation or as part of a room or suite package.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.029 - Definitions (J).

(A)

"Junk Yard" means any land, lot, or portion thereof where, (1) within an area greater than one hundred (100) square feet on a parcel smaller than forty thousand (40,000) square feet (a) waste is stored, or (b) discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, and (2) within an area greater than four hundred (400) square feet on a parcel larger than forty thousand (40,000) square feet, (a) waste is stored, or (b) discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled. As used in this Section, a junk yard also means any used furniture and household equipment yards, house wrecking yards, used lumber yards, automobiles wrecking or parts recycling yard, and similar facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.030 - Definitions K.

(A)

"Kennel" means any lot, building, structure, enclosure, or premises, including places where dogs, cats, or similar small animals in any combination are boarded, kept for sale, or kept for hire, whereupon or wherein are kept seven (7) or more dogs, cats, or similar small animals over eight (8) weeks of age, in any combination, for more than ten (10) days, whether such keeping is for pleasure, profit, breeding, or exhibiting.

(B)

"Kitchen" or "Kitchenette" means any room or portion of a building used or intended or designed to be used for cooking or the preparation of food, whether the cooking unit be permanent or temporary and portable, including any room having a sink and cooking stove that has a flat top with plates or racks to hold utensils over flames or coils.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.031 - Definitions (L).

(A)

"Land Use Plan" means the relevant portions of the County general plan, or local coastal element for the Town of Mendocino, which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions.

(B)

"Landmark Structure" means any structure that is listed in the Inventory of Historic Buildings (Appendix 1 of the Mendocino Town Plan), 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.

(C)

"Lateral Access." See Access, Lateral.

(D)

"Light Agriculture" means:

(1)

Land devoted to the hatching, raising, butchering or marketing on a small scale of chickens, turkeys or other fowl or poultry and eggs, rabbits, fish, frogs, mink, chinchilla or other small farm animals or animals similar in nature, provided that not more than ten (10) mature animals per forty thousand (40,000) square feet, combined total, of all species, may be kept, fed or maintained. The permissible number of animals per acre shall be computed on the basis of the nearest equivalent ratio (i.e. five (5) animals on twenty thousand (20,000) square feet). For smaller parcels (under twenty thousand (20,000) square feet located in R+, MU, and C districts, up to four (4) hens (no roosters) may be kept. Coops or pens shall be located only on the rear one-third (⅓) of the lot and shall be located no closer than five (5) feet from the side or rear property line.

(2)

The grazing of cattle, horses, sheep, goats, hogs or other farm stock or animals, including the supplementary feeding thereof, provided not more than one (1) such animal per forty thousand (40,000) square feet shall be kept or maintained. The total number of all species shall not exceed four (4). In no event shall there be any limit to the permissible number of sheep or goats which may be grazed per acre when such grazing operations conducted on fields for the purpose of cleaning up unharvested crops and, further where such grazing operation is not conducted for more than four (4) weeks in any six (6) month period.

(3)

For parcels of forty thousand (40,000) square feet or larger, keeping of small and large animals shall be cumulative (i.e. eighty thousand (80,000) square feet: two (2) large animals or twenty (20) small animals).

(4)

Apiaries, provided that no more than two (2) working hives may be kept on parcels of forty thousand (40,000) square feet or less.

(5)

Sale of agricultural products, raised, or produced on the premises.

(6)

4-H, FFA or similar projects shall be permitted in all zoning districts, except that no roosters shall be allowed.

(E)

"Living Area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure.

(F)

"Living Unit" means any building or vehicle designed or used for human habitation, including, but not limited to a dwelling, guest house, accessory living quarters, farm employee housing, farm labor camp or mobile home.

(G)

"Local Coastal Element" means that portion of the County of Mendocino General Plan, applicable to the coastal zone, which has been prepared pursuant to Division 20 of the Public Resources Code, or any additional elements of the local government's general plan prepared pursuant to Section 65303 of the Government Code, as the County Board of Supervisors deems appropriate and are certified by the California Coastal Commission.

(H)

"Local Coastal Program:, Pursuant to Public Resources Code Section 30108.6, the Town of Mendocino Land Use Plan, Town of Mendocino Zoning Code, Town of Mendocino Zoning District Map, and any other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act within the boundaries of the Town of Mendocino as depicted on the Mendocino Town Land Use Map (Figure 4.13-3) and Mendocino Town Zoning Map (Mendocino Town Zoning Code Figure 1).

(I)

"Lodging House." See Hotel.

(J)

"Lot" means a single parcel of contiguous real property shown as a delineated parcel of land with a number or other designation on a map of subdivision created pursuant to the Subdivision Map Act and recorded in the Mendocino County Recorder's Office; or a parcel of real property that qualifies for a Certificate of

Compliance pursuant to Government Code Section 66499.35. "Lot" shall also mean "parcel," but does not include road easements or rights-of-way.

(K)

"Lot Area" means the total area within the boundary lines of a lot, exclusive of easements as required in the County Division of Land Regulations.

(L)

"Lot, Corner" means a lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

(M)

"Lot Coverage" means the percentage of gross lot area covered by all buildings and structures on a lot, including decks, porches, and covered walkways; excluding uncovered required parking areas, landscaping, patios, terracing, and rainwater, groundwater, or potable water storage tanks.

(N)

"Lot, Double Frontage" means a lot fronting on two (2) parallel or approximately parallel streets.

(O)

"Lot Depth" means the horizontal distance of a straight line between the midpoints of the front and rear lot lines.

(P)

"Lot, Flag" means a lot with narrow frontage and a long driveway or strip of land connecting with a street.

(Q)

"Lot, Interior" means a lot other than a corner lot.

(R)

"Lot, Key" means an interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

(S)

"Lot Line" means any property line bounding a lot.

(T)

"Lot Line, Exterior" means a property line abutting a public or private road or street.

(U)

"Lot Line, Front" means the line separating the front of the lot from the street right-of-way. When a lot or building site is bounded by a public street and one (1) or more alleys or private easements or private streets, the front lot line shall be the lot line that is nearest to the public street. In the case of a double frontage lot, the front lot line shall be the lot line abutting on either street. In the case of a flag lot, the front lot line shall also include the lines, or portion of lines, on both sides of the strip of land that connects the lot with the street, the line that is closest to and generally parallel to the street right-of-way, and the line that is established by projecting the line that intersects the strip of land, across the strip of land. In the case of irregular frontage or access, the front lot line shall be determined by the Coastal Permit Administrator.

(V)

"Lot Line, Rear" means the most distant lot line opposite and parallel to the front lot line; in the case of an irregular lot, the line most closely paralleling the front lot line.

(W)

"Lot Line, Side" means any lot line other than a front or rear lot line. A lot line separating a lot from a street shall be the street-side lot line.

(X)

"Lot Line, Street" means any lot line abutting on a street.

(Y)

"Lot, Nonconforming" means a lot which has been lawfully created but does not meet the standards required of a lot or building site.

(Z)

"Lot Size." See Lot Area.

(AA)

"Lot, Width" means the horizontal distance between side lot lines measured at the front yard setback line.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.032 - Definitions (M).

(A)

"Main Building." See Building, Main.

(B)

"Major Energy Facility" means an energy facility as defined in PRC § 30107 that costs more than one hundred thousand dollars ($100,000.00), with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index since 1982, except for those major energy facilities

governed by the provisions of Public Resources Code Sections 30610 (Exempt Development), 30610.5, 30611, or 30624.

(C)

"Major Public Works" means: (1) a public works facility as defined in PRC § 30114 that (a) costs more than one hundred thousand dollars ($100,000.00), with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index since 1982, except for those major public works that are governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611, or 30624. (2) Notwithstanding the criteria in Section 20.608.032(C)(1), "major public works" also means a publicly financed recreational facility that serves, affects, or otherwise impacts regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

(D)

"Major Vegetation, Removal or Harvesting" means one or more of the following:

(1)

The cutting, chemical eradication, excavation, girdling, or other direct or indirect removal of more than fifteen (15) trees or ten (10) percent of the total number of trees on a lot, whichever is less, with a tree circumference of thirty-eight (38) inches or more measured at four and one-half (4½) feet vertically above the ground; or

(2)

The cutting, chemical eradication, excavation, girdling, or other director or indirect removal of trees within a total contiguous ground area of six thousand (6,000) square feet, or within a noncontiguous area or areas not exceeding a total of six thousand (6,000) square feet, measured as the total of the area(s) located directly beneath the tree canopy; or

(3)

If any of the following conditions exist or are proposed they shall be considered major vegetation removal:

(a)

The vegetation removal involves the use of mechanized equipment with a weight greater than five (5) tons;

(b)

The vegetation removal is proposed on a steep slope (of fifteen (15) percent or greater) and removal of vegetation may result in soil erosion or other instability;

(c)

The vegetation removal is located within or adjacent to an environmentally sensitive habitat area, stream, wetland, coastal bluff, or beach;

(d)

The vegetation removal may result in significant exposure of adjacent trees or other major vegetation to wind damage;

(e)

The vegetation removal may result in significant degradation of the public view shed from a public road, street, park, or open space area; or

(f)

The removal of one (1) or more trees which measure twenty-four (24) inches or more in diameter at four and one-half (4½) feet (54 inches) above natural grade that are visually or historically significant, exemplary of their species, or ecologically significant.

(4)

The following are excluded from this definition and do not constitute removal of major vegetation or harvesting in the Town of Mendocino:

(a)

Removal of trees and other vegetation that have been reviewed and approved in conjunction with an associated development which has been granted a coastal development permit; or

(b)

Removal or harvesting of vegetation for legally established agricultural purposes in areas presently used for agriculture; or

(c)

Harvesting of lawful agricultural products from lots on which light agriculture or community gardens are allowed by the Mendocino Town Local Coastal Program; or

(d)

Timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with California Public Resources Code Section 4511), as amended.

(E)

"Mobile Home" means a transportable structure built on a chassis for movement, and designed to be used as a dwelling without permanent foundation when connected to the required utilities. No such structure shall be deemed to be a mobile home which is less than eight (8) feet wide or forty (40) feet in length.

(F)

"Mobile Home, Converted" means a mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974, on a foundation system pursuant to Section 18551 of the California

Health and Safety Code.

(G)

"Model Home" means an unoccupied dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or other residential development which may be comprised of one-family, two-family, or multiple dwellings, or a combination thereof.

(H)

"Motel" means any building or portion thereof or group of buildings containing five (5) or more lodging units (guest rooms or suites) where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.033 - Definitions (N).

(A)

"New Construction" means structures for which the "start of construction" commenced on or after the effective date of this Division.

(B)

"Nonconforming Lot." See Lot, Nonconforming.

(C)

"Nonconforming Signs." See Sign, Nonconforming.

(D)

"Nonconforming Structure" means a building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which no longer conforms to the specific regulations, as set forth in the certified Mendocino Town Plan and Mendocino Town Zoning Code, that are applicable to the land use classification and zoning district in which it is located.

(E)

"Nonconforming Use" means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which no longer conforms to the specific regulations, as set forth in the certified Mendocino Town Plan and Mendocino Town Zoning Code, that are applicable to the land use classification and zoning district in which it is located.

(F)

Non-operating Vehicles, Storage of. See Storage of Non-operating Vehicles.

(G)

"Non-transient Lodging" means the use of a portion of a dwelling unit for accessory, rental occupancy by one (1) family for thirty (30) consecutive days or more in duration. The term "non-transient" shall be synonymous with "long term" when used in the context of residential use or visitor accommodations.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.034 - Definitions (O).

(A)

"Off-Site Sign." See Sign, Off-Site.

(B)

"Office, Business" means an office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients or payments, and the keeping of records and accounts pertaining to the particular business.

(C)

"Office, Professional" means an office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and including medical or dental laboratories.

(D)

"On-Site Sign." See Sign, On-Site.

(E)

"Open Space." See Chapter 20.636 and Chapter 20.672.

(F)

"Open Space Easement" means an easement established pursuant to Government Code Sections 51050 or 51080, or an easement which ensures the retention of land in open space (See also Conservation Easement).

(G)

"Original Jurisdiction" for purposes of implementation of the Town of Mendocino Local Coastal Program means that County entity or person that has the initial authority to take action for approval, conditional approval, or denial of an application for a coastal development permit or other authorization or entitlement required by this Division, regardless if that action is appealable or final.

(H)

"Owner, Property" means:

(1)

The person or persons, firm, corporation, partnership, or public agency holding legal or equitable title, or a recorded contract for purchase of property, or

(2)

Any person authorized by written instrument to act for the owner of real property within the Town of Mendocino.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.035 - Definitions (P).

(A)

"Paleontological Site" means a site containing fossil remains of life from geological periods generally predating the Holocene Epoch.

(B)

"Parcel." See Lot.

(C)

"Parking Area" means an open area, other than a street or alley, that contains one (1) or more parking spaces.

(D)

"Parking Space" means an unobstructed space or area, other than a street or alley, which is permanently reserved and maintained for the parking of one (1) motor vehicle.

(E)

"Permit" means any license, certificate, approval, or other entitlement for use granted by any public agency.

(F)

Permit, Coastal Development. See Coastal Development Permit.

(G)

Permitted Use: A land use allowed by the Mendocino Town Plan and this Division subject to compliance with the applicable provisions of the Town LCP, and subject to obtaining any other permit required by this

Division. County actions on CDPs allowing such uses are appealable to the Coastal Commission. Use types allowed within each permitted use category are specified in Chapters 20.644 through 20.684.

(H)

"Person" means any individual, partnership, joint venture, association, social club, fraternal organization, estate, trust, receiver, syndicate, limited liability company or other business association or corporation, including any utility, and any, federal, state, local government, or special district or an agency thereof; or any other group or combination acting as a unit.

(I)

"Planned Unit Development" means the integrated development of one (1) or more parcels in a single or multiple ownership. Each ownership may be developed separately under the Planned Unit Development Combining District. This development technique permits variable parcel sizes, but an overall density not to exceed the gross densities permitted in the zoning district. Planned Unit Development requires a comprehensive plan for development to ensure the maximum preservation of open space, protection of views from public roads, preservation of pygmy vegetation areas where the entire parcel is pygmy soil types and for coastal and natural resource protection. The Planned Unit Development may encompass

elements including, but not limited to, the type of ownership proposed to manage the undeveloped areas, a program for operation and maintenance of all areas, provision for facilities and services for the common use of persons occupying or utilizing the property, the location of structures, the circulation pattern, parking facilities, and for provision of utilities.

(J)

"Principal Permitted Use" means the primary land use designated in the Mendocino Town Plan and this Division for each land use classification and zoning district, and comprising development which is functionally related to one (1) another so as to be viewed as one (1) use type. Development designated as the principal permitted use in a particular zoning district is not appealable to the Coastal Commission pursuant to Section 30603(a)(4) of the Coastal Act, but may be appealable pursuant to other provisions of Section 30603(a). Development designated as the principal permitted use is subject to compliance with all applicable provisions of the certified LCP and subject to obtaining any other permit required by the County Code. Use Types allowed within each principal permitted use category are specified in Chapters 20.644 through 20.684.

(K)

"Private Garage." See Garage, Private.

(L)

"Projecting Sign." See Sign, Projecting.

(M)

"Public Facilities, Semi-Public Facilities, and Public Utilities" means, public and community serving uses including, but not limited to:

(1)

Schools,

(2)

Fire stations, hydrants, and other fire suppression/prevention infrastructure,

(3)

Community Services District and State Parks upland support facilities,

(4)

Sheriff's substations,

(5)

Public roads, streets, trails, and access ways,

(6)

Churches and other houses of worship,

(7)

Cemeteries,

(8)

Sewage treatment plants, including infrastructure for beneficial reuse of reclaimed water,

(9)

Community water company facilities,

(10)

Infrastructure for interception, retention, and beneficial reuse of storm water runoff,

(11)

Lavatories,

(12)

Electric vehicle charging stations on land owned by a public agency, and

(13)

Community buildings.

(N)

"Public Garage." See Garage, Public.

(O)

"Public Stable." See Stable, Public.

(P)

"Public Utility" means a company or corporation regulated by the California Public Utilities Commission.

(Q)

"Public Works" means the following:

(1)

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

(2)

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

(3)

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

(4)

All community college facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.036 - Definitions (Q).

(A)

"Quasi-Public Facilities." See Semi-Public Facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.037 - Definitions (R).

(A)

"Recreation-Education" means sites or facilities which are incidental and secondary to the primary permitted use of the property and which provide for social, spiritual, educational or recreational experiences and activities, including but not limited to private schools and organized camps. Living unit must conform with density established by the General Plan designation.

(B)

"Recreation, Active" means activities that generally involve running, throwing, or other forms of sport or exercise that may include use of specialized equipment. Active Recreation activities may require improvements, including establishment of facilities which constitute "development" as defined in Section 20.608.023(E), that may have the potential for significant adverse impacts on the environment, on coastal resources, or on coastal public access, which may include hazards, noise, dust, glare, objectionable odors, substantial additional traffic, or other potential impacts. Examples of active recreation include bicycling, horseback riding, paragliding, coastal bluff and rock climbing, sports and amusement facilities, recreational boating facilities, archery and shooting ranges, rodeo and equestrian facilities, recreational parking and other upland support facilities, and recreational trails, paths, and access ways.

(C)

"Recreation, Passive" means leisure activities that do not constitute "Development," as defined in Section 20.608.023(E), and that do not require permits pursuant to this Division. Examples include sight seeing, hiking, snorkeling or SCUBA diving, walking, swimming, sunbathing, jogging, surfing, fishing, bird and/or other nature watching, picnicking, photography, nature study, drawing, and painting.

(D)

"Recreational Vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, which is less than eight (8) feet wide or forty (40) feet in length.

(E)

"Refuse Disposal Site" means an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible garbage or refuse, offal or dead animals.

(F)

"Residential Parcel" means a parcel zoned MRR, MSR, MTR, MRM or MMU.

(G)

"Residential Use" means occupancy of a structure by the owner(s) as his/her principal place of residence; or, by long term tenant(s) as his/her principal place of residence. As used in this Section, "long term tenant" means a tenancy of thirty (30) days or longer.

(H)

"Roof Sign." See Sign, Roof.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

"School" means a building or group of buildings which are used or intended to be used for occupancy and use by teachers and students engaged in the process of learning and the pursuit of knowledge. A public school is a free tax-supported school controlled by a governmental authority.

(B)

"Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

(C)

"Seat" or "Seating Area" means the actual seating capacity of an area based on the number of seats or one (1) seat per eighteen (18) inches on a bench or pew.

(D)

"Second Dwelling Unit" means a detached or attached dwelling unit that provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. Second dwelling units are not intended for transient habitation and shall not be sold separately from the primary housing unit on the parcel, but may be rented for long term occupancy by family members or tenants.

(E)

"Semi-Public Facilities" means buildings, structures, or other facilities which are privately owned, including by not-for-profit organizations, but which may be used to accommodate public gatherings, including but not limited to art centers, lodges, granges, non-public schools, social clubs, theaters, and fraternal and religious organizations. (See Sec. 20.608.035[L].)

(F)

"Setback" means a required, specified distance between a building or structure and a lot line or lines, measured perpendicularly to the lot line in a horizontal plane extending across the complete length of said lot line or lines.

(G)

"Setback, Front Yard" means the building or structure setback applicable in the front yard of a lot.

(H)

"Setback, Rear Yard" means the building or structure setback applicable in the rear yard of a lot.

(I)

"Setback, Side Yard" means the building or structure setback applicable in the side yard of a lot.

(J)

"Shoreline" means the Mean High Tideline of the Pacific Ocean.

(K)

"Sign" means any metal, wood, paper, cloth, plastic, paint, material, structure or part thereof, device or other thing whatsoever which is located upon, placed, erected, constructed, posted, painted, tacked, nailed, glued, stuck, carved, fastened or affixed to any building or structure, on the outside or inside of window or on any awning, canopy, marquee or similar appendage, or on the ground or on any tree, wall, bush, rock, post, fence or other thing whatsoever in such a manner as to be visible out-of-doors and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, illuminated device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, community, product, service, business, profession, enterprise or industry. "Sign" shall include any portable sign.

(L)

"Sign Area" means the entire area within the smallest parallelogram, triangle, circle, or combination thereof, which can be delineated so as to encompass the extreme limits of all elements comprising an integral part of a sign display, including any frame or border, but not including essential structural elements, unless it is determined that such structural elements are an integral part of the total sign display; provided, however, that where the surface or face of a sign is curved, spherical, cylindrical or any other similar form, the area of such sign shall be computed on the basis of the projected configuration of that surface or face. The area of any double-faced sign shall be the area of the single face, unless otherwise provided. All other multiplefaced signs shall be the total area of all faces or panels. Sign area as it pertains to sign copy shall mean and be computed as the entire area within the smallest continuous perimeter of not more than eight (8) straight lines encompassing the extreme limit of all of the sign copy of a sign. In the case of a sign composed of individual letters or other devices mounted on a building wall, the copy area of such sign shall be the sum of the areas of the smallest rectangles encompassing each of the individual letters or other devices which comprise the sign copy.

(M)

"Sign Face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

(N)

"Sign, Free-standing" means any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any accessory structure which does not constitute a

building.

(O)

"Sign Height" means the highest point of any sign face appendage or structural support members, whichever is the greater.

(P)

"Sign, Nonconforming" means a sign lawfully erected, established, and maintained prior to the effective date of this Division, which because of the application of this Division, does not conform to applicable regulations.

(Q)

"Sign, Off-Site" means any sign as herein defined other than an on-site sign.

(R)

"Sign, On-Site" means a sign which pertains and is accessory to a business or other use located on the same lot or which offers a lot or portion thereof for sale or lease.

(S)

"Sign, Portable" means a sign and its supporting structure not permanently affixed to the ground or any structure, or a sign located upon a vehicle or trailer placed or parked so as to be visible from the public right-of-way, for the basic purpose of providing advertisement of products or directing people to a business or activity. Portable signs shall not include business identification painted or stenciled on vehicles, the primary purpose of which is identifying the business owning or operating the vehicle.

(T)

"Sign, Projecting" means any sign other than a wall sign which is attached to and projects from the wall or face of a building or structure including a marquee sign.

(U)

"Sign, Roof" means any sign erected, painted upon, against, or directly above a roof or on top of or above the parapet of a building, and which is supported wholly or in part by said building. Any roof, the slope of which varies not more than forty-five (45) degrees from a vertical plane, shall be considered wall space for the purpose of placement of wall signs.

(V)

"Sign, Wall" means any sign painted or mounted on a wall or of solid construction located as to be approximately parallel with the face of a building not to extend eighteen (18) inches from the face of a building or structure.

(W)

"Significant Effect on the Environment " means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by an activity, development, or project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant

(X)

"Single-Family Residence." See Dwelling, Single-Family.

(Y)

"Single Unit Rental" means the use of an attached or detached structure which is operated in conjunction with a residential use or commercial use, as a short term rental for transient occupancy, for a fee charged, and subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(Z)

"Special Treatment Area" means an identifiable and geographically bounded forested area within the coastal zone that constitutes a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect a public recreation area or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem. Such a designation identifies timberlands where stringent Timber Harvest Plan requirements and harvesting rules are applied in order to protect the area's special scenic and natural qualities. Special Treatment Area also includes a designated scenic corridor along both sides and parallel to Highway 1 from the Ten Mile River south to the Sonoma County line, a minimum of two hundred (200) feet or inland to the first line of trees nearest the road. In no case does the corridor extend more than three hundred fifty (350) feet from the road shoulder.

Special Treatment Area buffer zones are 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.

In addition, a watercourse and lake protection zone has been established by the Board of Forestry within Special Treatment Areas. The width of this zone varies generally from fifty (50) feet to two hundred (200) feet from the edge of the watercourse depending on the steepness of slope and the "Clarification of the Watercourse" (i.e., I, II, III and IV).

(AA)

"Stable" means a structure or paddock used for the boarding, breeding, training, or raising of horses, including horses not owned by the occupants of the premises.

(BB)

"Stable, Public" means a stable or arena used for the riding, training and performing of horses by other than the occupants of the premises or their nonpaying guests, but excluding boarding or breeding stables.

(CC)

"Standardized Feature" means substantially the same as other features, but need not be identical to them.

(DD)

"Storage of Non-operating Vehicles" means the storage of non-operating motor vehicles shall not include automobile wrecking. The presence on any lot or parcel of land of two (2) or more motor vehicles which, for a period exceeding thirty (30) days, have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of the storage of non-operating motor vehicles.

(EE)

"Street" means a County road, State highway, public road, street, alley, or private thoroughfare or easement not less than ten (10) feet in width that connects with a County road, State highway, public road, street, or alley which affords primary access to an abutting lot.

(FF)

"Structural Alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.

(GG)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including, but not limited to, any building, road, street, highway, bridge, culvert, fence, other enclosure or exclosure, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission and distribution line, antenna and satellite dish.

(HH)

"Structure," Nonconforming. See Non-conforming Structure.

(II)

"Student-Instructor Housing Facility" means any portion of an educational facility providing long-term or intermittent housing for people affiliated with a school or art center including students, instructors, artistsin-residence, staff, and scholar art program members. Transient occupancy of such units by the general public may occur. However, housing use by school or art center affiliates are given priority. Provision of tenancy shorter than thirty (30) days shall be subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(JJ)

"Suite" means a group of two (2) adjoining rooms with a single exterior door in a visitor serving facility, and without any shared interior doors. Each suite shall be:

(a)

Limited to no more than one (1) kitchen per suite;

(b)

Rented as one (1) unit; and

(c)

Charged as one (1) unit subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(KK)

"Swimming Pool" means a pool, pond, or open tank, capable of containing water to a depth greater than one and one-half (1½) feet at any point and designed or used for wading, swimming, soaking, bathing or therapeutic purposes.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.039 - Definitions (T).

(A)

"Tasting Room" means an area, generally within a structure:

(1)

Devoted to the sampling and sales of wine or beer produced on or off the premises, and

(2)

Where incidental provision of food as part of the wine or beer tasting may be allowed.

(B)

"Trailer Coach" means any vehicle, with or without motor power, designed or used for human occupancy for residential, recreational, industrial, professional or commercial purposes and shall include mobile home and recreational vehicle.

(C)

"Transient Guest" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of twenty-nine (29) consecutive calendar days or fewer, counting portions of calendar days as full days. The term "transient" shall be synonymous with "short term" when used in the context of residential use or visitor-serving lodging facility accommodations.

(D)

"Travel Trailer." See Recreational Vehicle.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.040 - Definitions (U).

(A)

"Uniform Building Code (UBC)" means the UBC adopted by the Mendocino County Board of Supervisors.

(B)

"Usable Open Space" means one (1) or more open areas adjacent to any use, the purpose of which is to provide an outdoor area designed for outdoor recreation, landscaping, viewing or sitting.

(C)

"Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or which land or a building is or may be occupied or maintained.

(D)

"Use, Accessory." See Accessory Use.

(E)

"Use, Conditional." See Conditional Use.

(F)

"Use, Nonconforming." See Non-conforming Use.

(G)

"Use Permit" means a permit which may be granted by the appropriate Mendocino County authority to provide for the accommodation of land uses with special site or design requirements, operation characteristics, or potentially significant adverse effects on coastal resources, on the environment, or on surroundings, and which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

(H)

"Use Permit, Major" means a use permit under the original jurisdiction of the Planning Commission.

(I)

"Use Permit, Minor" means a use permit under the original jurisdiction of the Coastal Permit/Zoning Administrator.

(J)

"Use, Principal." See Principal Use(s).

(K)

"Use, Principal Permitted." See Principal Permitted Use.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.041 - Definitions (V).

(A)

"Vacation Home Rental" means a dwelling unit that is the only use on the property, which may be rented short term for transient occupancy (twenty-nine (29) days or fewer), for a fee charged and subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(B)

"Variance" means a departure from the zoning requirements of the Zoning Code governing setbacks, building heights, and lot widths and which may be granted by the appropriate Mendocino County authority when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this Division deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classification. Variances may not be granted to modify either the use requirements or any other requirements of the Mendocino Town Plan or Zoning Code. Any variance granted shall be subject to such conditions as will assure that the authorized adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. See Chapter 20.724.

(C)

"Visitor Serving Facility" means any hostel, hotel, inn, or bed and breakfast accommodations designated on the Mendocino Town Land Use Map and Mendocino Town Zoning Map with an asterisk (*) or asterisk-B (*B). See Chapter 20.684 Visitor-Serving Facility Combining District.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.042 - Definitions (W).

(A)

"Wall Sign." See Sign, Wall

(B)

"Well, Water" means a shaft or hole sunk to obtain water.

(C)

"Wetlands" means lands within the coastal zone which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

(1)

Wetlands shall be further defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats.

(2)

The upland limit of a wetland shall be defined as:

(a)

The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;

(b)

The boundary between soil that is predominantly hydric and soil that is predominantly non-hydric; or

(c)

In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.

(3)

The term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:

(a)

The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and,

(b)

There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat predated the existence of pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.

(D)

"Work" means activities set forth in the Historical District Preservation Ordinance for the Town of Mendocino (Mendocino Town Zoning Code Sections 20.760.030, 20.760.035, and 20.760.045) that require prior approval of the Mendocino Historical Review Board, except as specifically provided in Mendocino Town Zoning Code Sections 20.760.040.

(E)

"Wrecking Yard" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.608.043 - Definitions (X).

(Reserved).

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.608.044 - Definitions (Y).

(A)

"Yard" means an open area on the same site as a structure, unoccupied and unobstructed by a building except as otherwise provided by this Division.

(B)

"Yard, Front" means the yard between a front lot line or lines and the line defined by the required front yard setback extending to the side lot lines.

(C)

"Yard, Rear" means the yard between a rear lot line or lines and the line defined by a required rear yard setback extending to the side lot lines.

(D)

"Yard, Side" means the yard between a side lot line or lines and the line defined by a required side yard setback, extending from the front yard to the rear yard.

(E)

"Yard, Side, Exterior" means a side yard abutting a street.

(F)

"Yard, Side, Interior" means any side yard other than an exterior side yard.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.608.045 - Definitions (Z).

(A)

"Zone" means an area to which a uniform set of regulations apply that relate the use of the land and the size and location of buildings on the land, in order to assure the public health, safety, and general welfare. "Zone" is synonymous with "Zoning District".

(B)

"Zoning Code, Town of Mendocino" means the zoning code adopted by the County of Mendocino Board of Supervisors, and certified by the California Coastal Commission, for the Town of Mendocino.

(C)

"Zoning District, Combining." See Combining District.

(D)

"Zoning Map" means a map displaying zone district boundaries, that has been adopted by the Board Of Supervisors as conforming to, and adequate to carry out, the Town Land Use Plan, Town Land Use Map, and Town Zoning Code, which is kept and maintained by the County Planning and Building Services Department.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.612 - USE CLASSIFICATIONS

The purpose of the use classifications is to group uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics, to provide the basis for regulation of development and uses in conformance with the policies set forth in the Mendocino Town Plan. These provisions shall apply throughout this Division.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.612.010 - Listing of Use Classifications.

All uses are hereby classified into the following use types, which are described in the following Chapters of the Town of Mendocino Zoning Code: Chapter 20.616 (Residential Use Types), Chapter 20.620 (Civic Use Types), Chapter 20.624 (Commercial Use Types), Chapter 20.628 (Visitor Accommodation Use Types), Chapter 20.632 (Agriculture Use Types) and Chapter 20.636 (Open Space Use Types). See Section 20.612.020 for classification of combinations of uses that resemble different use types. The names of these use types start with capital letters throughout the Mendocino Zoning Code.

(A)

Residential Use Types

(1)

Family Residential: Single Family

(2)

Family Residential: Two Family

(3)

Family Residential: Multi-Family

(4)

Family Residential: Planned Development

(5)

Family Residential: Employee Caretaker Housing

(6)

Family Residential: Boarding House

(B)

Civic Use Types

(1)

Administrative Services, Government

(2)

Ambulance Services

(3)

Art Center

(4)

Cemetery Services

(5)

Clinic Services

(6)

Community Gardens

(7)

Community Recreation

(8)

Cultural Exhibits and Library Services

(9)

Day Care Facilities/Small Schools

(10)

Educational Facilities

(11)

Fire and Police Protection Services

(12)

Lodge, Fraternal and Civic Assembly

(13)

Major Impact Services and Utilities

(14)

Minor Impact Utilities

(15)

Religious Assembly

(C)

Commercial Use Types

(1)

Administrative and Business Offices

(2)

Agricultural Sales and Services

(3)

Animal Sales and Services: Household Pets

(4)

Animal Sales and Services: Veterinary (Small animals)

(5)

Automotive and Equipment: Gasoline Sales

(6)

Automotive and Equipment: Repairs

(7)

Building Maintenance Services

(8)

Business Equipment Sales and Services

(9)

Business Support Services

(10)

Commercial Recreation: Indoor Sports and Recreation

(11)

Commercial Recreation: Indoor Entertainment

(12)

Communications Services

(13)

Construction Sales and Services

(14)

Cottage Industries

(15)

Eating and Drinking Establishments

(16)

Financial Services

(17)

Food and Beverage Preparation: Without Consumption

(18)

Food and Beverage Retail Sales

(19)

Laundry Services

(20)

Medical Services

(21)

Personal Services

(22)

Recycling Centers

(23)

Repair Services, Consumer

(24)

Research Services: Limited

(25)

Retail Sales: Limited

(26)

Retail Sales: General

(D)

Visitor Accommodation Use Types

(1)

Bed and Breakfast Accommodations

(2)

Hostels

(3)

Hotels

(4)

Inns

(5)

Motels

(6)

Single Unit Rental

(7)

Vacation Home Rental

(E)

Agricultural Use Types

(1)

Horticulture

(2)

Light Agriculture

(3)

Packing and Processing

(F)

Open Space Use Types

(1)

Open Space

(2)

Passive Recreation

(3)

Active Recreation

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.612.015 - Classifying Uses.

Uses in the Town of Mendocino Zoning Code are classified into use types based on the description of the use types contained in Chapter 20.616 (Residential Use Types), Chapter 20.620 (Civic Use Types), Chapter 20.624 (Commercial Use Types), Chapter 20.628 (Visitor Accommodation Use Types), Chapter 20.632 (Agriculture Use Types), and Chapter 20.636 (Open Space Use Types). The use types are further classified based on common functional, product, or compatibility characteristics with other uses already classified within the use type, subject to the applicable provisions of Section 20.612.020 with respect to combinations of uses. A list of common uses and the use types into which they are classified shall be maintained by the Planning and Building Services Director, who shall have the authority to classify common uses according to use types. The classification of a use is subject to the right of appeal pursuant to the Administrative Appeal procedure established in Chapter 20.728.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.612.020 - Classification of Combination of Uses.

The following rules shall apply where a lot contains uses which resemble two (2) or more different use types and which are not classified as accessory uses pursuant to the Accessory Use Regulations in Chapter 20.704.

(A)

Separate Classification of Several Establishments. The uses conducted on a lot by two (2) or more separate establishments, managements, or institutions shall be classified according to their respective use types.

(B)

Classification of Different Uses Conducted by Individual Establishments. If uses conducted on a lot by a single establishment, management, or institution resemble two (2) or more different use types, all such uses shall be classified in the use types whose description most closely portrays the nature of such uses.

(C)

Determination of Primary Use. If a lot contains two (2) or more different use types, the primary use shall be that use which either:

(1)

Occupies the largest area of the parcel or contains the most gross floor area of the site, whichever is greater; or

(2)

Exhibits greater intensity of use characteristics, such as traffic and water consumption; or

(3)

Based on a site analysis, is determined to be the primary use by the Coastal Permit Administrator.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.616 - RESIDENTIAL USE TYPES

Sec. 20.616.005 - General Description of Residential Use Types.

Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis, but exclude institutional living arrangements that provide (1) twenty-four (24) hour skilled nursing or medical care for seven (7) or more individuals who are unrelated to the resident, owner, or operator, and (2) forced residence, such as asylums and prisons. Residential use types also include certain uses that are accessory to the uses listed above, as specified in Chapter 20.704 (Accessory Use Regulations).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.616.010 - Family Residential.

The Family Residential use type primarily refers to the residential occupancy of dwelling units by families on a monthly or longer basis. Typical uses include occupancy of dwellings or apartments, and occasional uses may include vacation home rentals or Single Unit Rentals. The following are family residential use types in the Town of Mendocino:

(A)

Family Residential: Single Family. The use of a parcel for one (1) dwelling unit; provided that a second residential dwelling unit may be allowed that is subordinate to the main residence in size and scale, in keeping with the existing pattern of development, that shall not be converted to any other use. (See "Second Residential Dwelling Units," Chapter 20.740 of this Division.)

(B)

Family Residential: Two (2) Family. The use of a lot for two (2) dwelling units, which may either be detached or located within a single building.

(C)

Family Residential: Multi-Family. The use of a parcel for three (3) or more dwelling units, which may either be detached or located in one (1) building.

(D)

Family Residential: Planned Development. The use of a parcel for more than one (1) dwelling unit when the units are clustered to enhance and protect the scenic, agriculture, coastal resources, or other natural resources of a site. Typical uses are single family, two (2) family, or multiple family units, which shall meet the requirements in Chapter 20.676 (Planned Development Combining District).

(E)

Family Residential: Employee Caretaker Housing. The use of a parcel for only one (1) dwelling unit when occupied exclusively by a caretaker or superintendent employed on the premises or by the property owner.

(F)

Family Residential: Boarding House. The use of a building or portion thereof, other than an inn, bed and breakfast, hotel, motel, hostel, or vacation home rental, where regular meals and/or lodging are provided for compensation or profit by prearrangement for periods of thirty (30) days or more for three (3) or more persons who do not constitute a family.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.620 - CIVIC USE TYPES

Sec. 20.620.005 - General Description of Civic Use Types.

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses with substantial public or social importance. Civic use types also include certain uses accessory to the uses listed above, as specified in Chapter 20.704 (Accessory Use Regulations).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.010 - Administrative Services Government.

Consulting, record keeping, clerical, or public contact services that deal directly with the customer or client. Typical uses include federal, state, county, city or special district offices.

• (Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.015 - Ambulance Services.

Transportation of ill or injured persons to and from treatment facilities, together with incidental storage and maintenance of necessary vehicles.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.017 - Art Center.

Primarily an educational facility with incidental, necessary and ancillary uses and activities that are related to Art Center programs and conferences including:

(1)

Cultural exhibits and library services, with retail sales,

(2)

Events and gatherings, and

(3)

Student-Instructor Housing Facilities.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.020 - Cemetery.

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.025 - Clinic Services.

Non-profit medical services provided to persons afflicted with bodily or mental disease or injury, without provision for on-site residence or confinement.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Community gardens are areas of land managed and operated by one (1) or more persons to sustainably grow and harvest food or non-food crops, including, but not limited to, flowers, for personal or group consumption. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals, or may be farmed collectively by members of a group.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.030 - Community Recreation.

Recreational, social, or multi-purpose facilities owned or operated by a public entity, or by Rotary Club International of Mendocino at their two (2) properties located at 44960 and 44920 Main Street (APNs 119250-07 and 119-250-08). Typical uses include public parks, sports facilities, senior citizen centers, nature centers, teen centers, playhouses, auditoriums and recreational centers.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.035 - Cultural Exhibits and Library Services.

Non-profit, museum-like preservation and exhibition of objects of permanent interest in one (1) or more of the arts and sciences, gallery exhibition of works of art or library collection of books, manuscripts, musical recordings, film, video, etc., for study, reading, listening, and viewing.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.040 - Day Care Facilities/Small Schools.

"Day Care Facility/Small Schools" means care or education of seven (7) or more, but not to exceed twentyfive (25) persons regardless of age or handicap, but excluding overnight care, uses classified as group care or other facilities exempted by the California Health and Safety Code, e.g., Day Care Homes-Small and Large, or major impact services and utilities. A Day Care Home-Large is subject to an Administrative Permit in all zoning districts. Typical uses include day nurseries for children, child day care facilities, or day care for elderly, and small schools.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.045 - Educational Facilities.

Public and private schools for education of more than twenty-five (25) persons.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.050 - Fire and Police Protection Services.

Facilities for conduct of public safety services, including police, fire protection, and California State Parks ranger services.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.055 - Lodge, Fraternal and Civic Assembly.

Meetings and activities conducted primarily for their members by nonprofit organizations which are tax exempt pursuant to Section 501 (c) of the Internal Revenue Code. Excluded from this use type are uses classified as Group Care, or Visitor Accommodations (all types). Typical uses include meeting places for civic clubs, grange halls, lodges, or fraternal or veterans organizations.

(Ord. No. 3915 (part), adopted 1995.)

Services or utilities which may have a substantial impact. Such uses may be conditionally permitted when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of zoning for reasons of necessary location and community wide interest. Typical facilities or uses are sewage disposal facilities, wastewater disposal facilities and sites, water treatment plants, private water facilities natural gas pipelines, and commercial communications facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.065 - Minor Impact Utilities.

Public utilities which have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are electrical and gas distribution substations, electrical transmission and distribution lines, groundwater monitoring well installation and management, and relay stations.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.620.070 - Religious Assembly.

Religious services include public assembly such as customarily occurs in synagogues, temples, churches, and other houses of worship.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.624 - COMMERCIAL USE TYPES

Sec. 20.624.005 - General Description of Commercial Use Types.

Commercial use types include the distribution, sale, or rental of goods; and the provision of services other than those classified as Civic Uses. Commercial use types also include certain uses accessory to the uses listed above, as specified in Chapter 20.704 (Accessory Use Regulations).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.010 - Administrative and Business Offices.

Offices of private firms or organizations which are primarily used for the provision of professional, executive, management, or administrative services. Typical uses include administrative offices and services, including real estate, insurance, property management, investment, travel, administrative, secretarial, telecommunications, telephone answering, photocopy and reproduction, and other uses customarily associated with administrative office services. Retail banks are not administrative or business offices.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.015 - Agricultural Sales and Services.

Establishments or places of business engaged in on-site sale of feed, grain, fertilizers, and similar agricultural goods and products. Typical uses include nurseries, hay, feed, grain, and farm implements stores.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.020 - Animal Sales and Services.

Establishments or places of business primarily engaged sales and services related to animals. The following are animal sales and services use types:

(A)

Animal Sales and Services: Household Pets. Retail sales of dogs, cats, birds, fish, and similar small animals customarily used as household pets; and pet grooming and other support services. Typical uses include pet stores, dog bathing and clipping salons, or pet grooming shops; provided, that sale of invasive exotic species in any pet store in the Town of Mendocino is prohibited to protect indigenous species and coastal resources against habitat disruption.

(B)

Animal Sales and Services: Veterinary (Small animals). Veterinary services for small animals, provided that overnight care shall be within a building or fully enclosed structure. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals that treat small animals.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.025 - Automotive and Other Vehicles, Equipment.

Establishment or places of business primarily engaged in automotive related or heavy equipment sales or services. The following are automotive and equipment use types:

(A)

Automotive and Equipment: Fuel Sales. Establishments or places of business primarily engaged in the retail sale, from the premises, of motor vehicle fuels and petroleum products, with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations and fueling stations.

(B)

Vehicles and Equipment: Repairs. Repairs of automobiles, bicycles, motorcycles, pick-up trucks, recreational vehicles, farm equipment and boats (less than twenty-four (24) feet in length), and the sale, installation, and servicing of automobile equipment and parts, including body repairs and painting. Typical uses include muffler shops, automobile and other vehicle repair garages, auto glass shops, or auto parts stores.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.624.025 to read as set out herein. Previously § 20.624.025 was titled "Automotive and Equipment."

Sec. 20.624.030 - Building Maintenance Services.

Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.624.035 - Business Equipment Sales and Services.

Establishments or places of business primarily engaged in the sale, rental, or repair of equipment and provision of supplies used by office, professional, and service establishments, but not including automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, printing shops, small business machine repair shops, or hotel equipment and supply firms.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Establishments or places primarily engaged in the provisions of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

(A)

Indoor Sports and Recreation. Uses conducted within an enclosed building. Typical uses include billiard parlors, penny arcades, fitness facilities.

(B)

Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls, dance halls, and auditoriums.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Establishments primarily engaged in the provisions of broadcasting and other information relay services accomplished through the use of electronic mechanisms, but not including communication service establishments classified as Major and Minor Impact Services and Utilities. Typical uses include television studios, radio stations, telecommunication service centers, or telegraph service offices.

• (Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.050 - Construction Sales and Services.

Establishments or places of business primarily engaged in (a) construction activities and incidental storage on lots other than construction sites; and (b) retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware. Typical uses include building materials stores, tool and equipment rental or sales, retail lumber, furniture manufacturing, or cabinet shops.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Small scale business operated in or around a residential use and conducted in compliance with Chapter 20.700 of this Division.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.060 - Custom Manufacturing.

Establishments primarily engaged in the on-site production of goods and products by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment, not exceeding two (2) horsepower each or a single kiln not exceeding eight (8) cubic feet in volume, and the incidental direct sale

to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle making shops, custom jewelry manufacturing, woodworking shops, printing shops and custom textile manufacturing.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.065 - Eating and Drinking Establishments.

Establishments or places of business primarily engaged in the sale of prepared food and beverage for onpremise consumption or take-out. Typical uses include restaurants, short order eating places, and bars.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.070 - Financial Services.

Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities, financial adviser services, stock brokers, and similar services.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Establishments or places of business primarily engaged in the preparation of food and beverage, where no retail consumption of the products occurs on the premises. Typical uses include catering.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.080 - Food and Beverage Retail Sales.

Establishments or places of business primarily engaged in the retail sale of food and beverage for private off-site consumption. Typical uses include grocery stores, liquor stores, tasting rooms, delicatessens, or retail bakeries.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.085 - Laundry Services.

Establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as Personal Services. Typical uses include laundry agencies, diaper services or linen supply services, and self-service laundries.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.090 - Medical Services.

Establishments primarily engaged in the provision of personal health services, including prevention, diagnosis, and treatment or rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provisions of medical testing and analysis services. Typical uses include medical offices, dental laboratories, health maintenance organizations, or clinics.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.095 - Personal Services.

Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, photography studios, driving schools, dance studios, handicraft and hobby instruction.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.624.100 - Recycling Centers.

Places of business or public facilities where materials such as metal (excluding white metal or appliances), aluminum, paper, cardboard, glass, plastic and other similar items are permitted to be collected, processed, or recycled. Such use shall include the baling, bundling, crushing, smashing, separation, shredding, or similar action necessary to facilitate the handling of recyclable materials, but shall exclude automotive wrecking and junk yards. Drop-off enclosures, for collection purposes only, shall be limited to two hundred (200) square feet in area.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.105 - Repair Services, Consumer.

Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding Automotive and Equipment use types. Typical uses include appliance repair shops, watch or jewelry repair, apparel repair establishments, or musical instrument repair shops.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.110 - Research Services: Limited.

Establishments primarily engaged in research of an academic, historical, or scientific nature, which is provided as a service or which is conducted by and for a private firm, but excludes medical testing,

analysis, and product testing. Typical uses include marine research laboratories, policy analysis, electronics research laboratories, space research and development firms, or pharmaceutical research laboratories.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.624.115 - Retail Sales: Limited.

Sale or rental of commonly used goods and merchandise for personal or household use, but excluding goods and merchandise classified specifically in Sections 20.624.005 to 20.624.110 (all other commercial use types). Typical uses include apparel stores, furniture stores, or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing, art supplies and framing, arts and antiques, paint and wallpaper, interior decorating services, bicycles.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sale or rental of commonly used goods and merchandise for personal or household use, but excluding those goods and merchandise classified more specifically in Sections 20.624.005 through 20.624.115 (all other commercial use types). Typical uses include department stores or establishments providing the following products or services: major appliances, carpeting and floor covering, automotive parts and accessories (excluding service and installation), hardware stores, and building materials (storage and sales).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.628 - VISITOR ACCOMMODATION USE TYPES

Sec. 20.628.005 - General Description of Visitor Accommodation Use Types.

Visitor Accommodation use types refer both to commercial establishments engaged in the provision of lodging services on a shorter than monthly basis, with incidental food and drink services intended for the convenience of guests, and to Single Unit Rentals and Vacation Home Rentals providing short-term overnight accommodations primarily in (in the case of Vacation Home Rentals), or in conjunction with (in the case of Single Unit Rentals), private residences or commercial uses. Existing Hotels, Inns, and Bed and Breakfast Accommodations designated on the Mendocino Town Land Use and Zoning Maps with an asterisk or asterisk-B, are located in the Visitor Serving Facilities (* and *B) Combining District. Single Unit Rentals and Vacation Home Rentals are currently sprinkled throughout the Town and can also be located within the Commercial District. However, no new Vacation Home Rentals shall be permitted in residential zoning districts, and existing Vacation Home Rentals in residential zones are to be phased out.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Any building or portion thereof, or group of buildings, containing two (2) but no more than four (4) guest rooms or suites, each of which is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit, wherein breakfast, light meals, and beverage may be provided for separate compensation or as part of a room or suite package. See Chapter 20.684.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.015 - Hostel.

Any building or portion thereof or group of buildings containing five (5) or more dormitory rooms or private guest rooms, or providing sleeping accommodations for five (5) or more transient guests for the purpose of providing lower cost public travel accommodations to recreational travelers. The hostel shall provide a kitchen, common room, and sanitary facilities for use by the transient guests. See Chapter 20.684.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.020 - Hotel.

Any building or portion thereof, or group of buildings, containing five (5) or more lodging units each used, designed, or intended to be used, let, or hired out for occupancy by transient guests for compensation or profit, and where meals and beverage may be provided for separate compensation or as part of a room or suite package. See Chapter 20.684.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.025 - Inn.

Any building or portion thereof, or group of buildings, containing five (5) or more lodging units each used, designed, or intended to be used, let, or hired out for occupancy by transient guests for compensation or profit, and where regular meals may be provided for separate compensation or as part of a room or suite package. See Chapter 20.684.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.030 - Motel.

Any building or portion thereof, or group of buildings, containing five (5) or more lodging units where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designed, or intended to be used, let, or hired out for occupancy by transient guests for compensation or profit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.035 - Single Unit Rental.

An attached or detached structure, operated in conjunction with a dwelling unit or commercial use, as a short term rental for transient occupancy, for a fee charged, and subject to Chapter 20.520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Chapter) of the Mendocino County Code. See Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.628.040 - Reserved.

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed § 20.628.040 in its entirety. Former § 20.628.040 pertained to "Student/Instructor Temporary Housing Facility," and was derived from Ord. No. 3915 (part), adopted 1995.

Sec. 20.628.045 - Vacation Home Rental.

A dwelling unit that is the only use on the lot, which may be rented short term, for a fee charged, for transient occupancy, and subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Chapter) of the Mendocino County Code. See Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.632 - AGRICULTURAL USE TYPES

Sec. 20.632.005 - General Description of Agricultural Use Types.

Agricultural use types include the on-site production of plant and animal products by agricultural methods. They also include certain uses accessory to the uses listed above, as specified in Chapter 20.704 (Accessory Use Regulations).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.632.010 - Horticulture.

Premises devoted to horticultural and floricultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes grown on site, including in green houses.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.632.015 - Light Agriculture.

(A)

Land devoted to the hatching, raising, butchering or marketing, on a small scale, of chickens, turkeys or other fowl, poultry and eggs, rabbits, fish, frogs, mink, chinchilla, or other small farm animals or animals similar in nature, provided that not more than ten (10) mature animals per forty thousand (40,000) square

feet, combined total of all species, may be kept, fed, or maintained. The permissible number of animals per acre shall be computed on the basis of the nearest equivalent ratio (i.e. five (5) animals on twenty thousand (20,000) square feet). For smaller parcels (under twenty thousand (20,000) square feet) located in R+, MU, and C districts, up to four (4) hens (no roosters) may be kept. Coops or pens shall be located only on the rear one-third (⅓) of the lot and shall be located no closer than five (5) feet from the side or rear property line.

(B)

The grazing of cattle, horses, sheep, goats, hogs or other farm stock or animals, including the supplementary feeding thereof, provided not more than one (1) such animal per forty thousand (40,000) square feet shall be kept or maintained. The total number of animals of all species shall not exceed four (4). In no event shall there be any limit to the permissible number of sheep or goats which may be grazed per acre when such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops and, further where such grazing operation is not conducted for more than four (4) weeks in any six (6) month period.

(C)

For parcels of forty thousand (40,000) square feet or larger, keeping of small and large animals shall be cumulative (i.e. eighty thousand (80,000) square feet: two (2) large animals or twenty (20) small animals).

(D)

Apiaries, provided that no more than two (2) working hives may be kept on parcels of forty thousand (40,000) square feet or less.

(E)

Sale of agricultural products grown, raised or produced on the premises.

(F)

4-H, FFA or similar projects shall be permitted in all zoning districts, except that no roosters shall be allowed.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.632.020 - Packing and Processing.

Packing or processing of agricultural crops grown on the premises, which involves picking, cutting, sorting, and boxing or crating, but does not include rendering, tanning, or reduction of meat.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.632.025 - Reserved.

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 repealed § 20.632.025 in its entirety. Former § 20.632.025 pertained to "Forest Production," and was derived from Ord. No. 3915 (part), adopted 1995.

CHAPTER 20.636 - OPEN SPACE USE TYPES

Sec. 20.636.005 - General Description of Open Space Use Types.

Open Space use types include land to remain predominantly in its natural or undeveloped condition, with the minimum amount of development necessary to support protection of the landscape, active or passive recreational uses, and the public health and safety. The uses also include accessory uses, as specified in Chapter 20.704 (Accessory Use Regulations). Public parks are found in the Community Recreation Use Type (Section 20.620.030).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.636.010 - Open Space.

Land designated and zoned to remain predominantly in its natural or restored condition, with the minimum development necessary to support Open Space use types.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.636.015 - Passive Recreation.

Leisure activities that do not constitute "development" as defined in Section 20.608.023(E), and that do not require permits pursuant to this Division. Examples include sightseeing, hiking, access for SCUBA diving or swimming, hiking, sunbathing, jogging, surfing, fishing, bird and other nature watching, picnicking, bicycling, horseback riding, boat, kayak, or canoe launching or retrieval, photography, nature study, photography, sketching, and painting.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.636.020 - Active Recreation.

Activities that generally involve running, throwing, or other forms of sport or exercise that may include use of specialized equipment. Active Recreation activities may require improvements, including establishment of facilities which constitute "development" as defined in Section 20.608.023(E), that may have the potential for significant adverse impacts on the environment, on coastal resources, or on coastal public access, which may include hazards, noise, dust, glare, objectionable odors, substantial additional traffic, or other potential impacts. Examples of active recreation include bicycling, horseback riding, paragliding, coastal bluff and rock climbing, sports and amusement facilities, recreational boating facilities, archery and shooting ranges, rodeo and equestrian facilities, recreational parking and other upland support facilities, and recreational trails, paths, and access ways.

ial additional traffic, or other potential impacts. Examples of active recreation include bicycling, horseback riding, paragliding, coastal bluff and rock climbing, sports and amusement facilities, recreational boating facilities, archery and shooting ranges, rodeo and equestrian facilities, recreational parking and other upland support facilities, and recreational trails, paths, and access ways.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.640 - ESTABLISHMENT OF ZONING DISTRICTS

The several classes of zoning districts into which the Town may be divided and the map designator of each district areas follows:

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.640.010 - Combining Districts.

In addition to the Zoning Districts enumerated in Section 20.640.005, Combining Districts may be established in combination with any of the Zoning Districts and designated as follows:

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.640.015 - Location and Boundaries of Districts.

The designation, location, and boundaries of the aforesaid districts shall be as depicted on the certified Mendocino Town Land Use and Zoning Maps, and in Section 20.604.040 of this Division, provided that where a Zoning District boundary is located in, rather than along the edge of, a street, road, or highway, the boundary shall be deemed to follow the centerline of the street, road, or highway.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.644 - MENDOCINO RURAL RESIDENTIAL "MRR"

Sec. 20.644.005 - Intent.

This district is intended to create and enhance residential areas, and is intended to be a low density residential growth area, while allowing a second residential dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development, and with a Visitor Serving Facilities Combining District overlay for the Bed and Breakfast accommodations designated with an asterisk-B (*B) on the certified Town Plan Land Use and Zoning Maps.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.644.010 - Permitted Uses for MRR Districts.

(A)

The following use type is the principal permitted use in the MRR District:

(1)

Residential Use Types

Family Residential: Single-Family

(B)

The following use types are permitted uses in the MRR District:

(1)

Civic Use Types

Community Gardens

(2)

Agricultural Use Types

Light Agriculture

(3)

Open Space Use Types

Open Space

Passive Recreation

Active Recreation

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.644.010 to read as set out herein. Previously § 20.644.010 was titled "Principal Permitted Uses for MRR Districts."

Sec. 20.644.015 - Conditional Uses for MRR Districts.

The following use types may be permitted in the MRR District upon issuance of a use permit:

(A)

Civic Use Types

Major Impact Services and Utilities

Minor Impact Utilities

(B)

Commercial Use Types

Cottage Industries

(C)

Visitor Accommodation Use Types

Single Unit Rentals

(D)

Agricultural Use Types

Horticulture

Packing and Processing

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.644.020 - Minimum Lot Area for MRR Districts.

(A)

MRR-1: Forty thousand (40,000) square feet.

(B)

MRR-2: Two (2) acres.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.025 - Maximum Dwelling Density for MRR Districts.

(A)

MRR-1: One (1) primary dwelling unit, and one (1) second residential dwelling unit per forty thousand (40,000) square feet, except as provided pursuant to Section 20.704.015 (Accessory Uses), Section 20.708.030 (Use of Trailer Coach) and Section 20.708.035 (Family Care Unit).

(B)

MRR-2: One (1) primary dwelling unit, and one (1) second residential dwelling unit per two (2) acres, except as provided pursuant to Section 20.704.015 (Accessory Uses), Section 20.708.030 (Use of Trailer Coach), Section 20.708.035 (Family Care Unit), and Chapter 20.740 (Second Residential Units).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.644.030 - Minimum Front and Rear Yards for Districts for MRR Districts.

Twenty (20) feet each.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.035 - Minimum Side Yards for MRR Districts.

Six (6) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.040 - Maximum Building Height Limit for MRR Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade.

Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District For Town Of Mendocino). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.644.045 - Minimum Vehicle Parking for MRR Districts.

(A)

Two (2) off-street parking spaces for the first residential unit and one and one-half (1½) off-street parking spaces for each additional residential unit.

(B)

One (1) off-street parking space for each visitor accommodation unit (guest room or suite), or, where available space or the requirements this Division preclude off-street parking, payment of an in-lieu fee as required by Section 20.714.015.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.644.050 - Maximum Lot Coverage for MRR Districts.

Twenty (20) percent for parcels less than two (2) acres in size. Fifteen (15) percent for parcels from two (2) acres to five (5) acres in size. Ten (10) percent for parcels over five (5) acres in size.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.055 - Minimum Lot Width for MRR Districts.

One hundred (100) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.060 - Maximum Lot Depth for MRR Districts.

Three (3) times the lot width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.644.065 - Additional Requirements for MRR Districts.

No residential dwelling unit or portion thereof shall be converted to any non-residential use, except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or by Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.648 - MENDOCINO SUBURBAN RESIDENTIAL "MSR"

Sec. 20.648.005 - Intent.

This district is intended to recognize the existing Point of View Estates Subdivision and the five (5) lots (parcels) on its southwest boundary east of Lansing Street and north of Palette Drive, while allowing a second residential dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development.

(Ord. No. 3915(part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.648.010 - Permitted Uses for MSR Districts.

(A)

The following use type is the principal permitted use in the MSR District:

(1)

Residential Use Type

Family Residential: Single Family

(B)

The following use types are permitted uses in the MSR District:

(1)

Civic Use Types

Community Gardens

(2)

Open Space Use Types

Open Space

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.648.010 to read as set out herein. Previously § 20.648.010 was titled "Principal Permitted Uses for MSR Districts."

Sec. 20.648.015 - Conditional Uses for MSR Districts.

The following use types may be permitted in the MSR District upon issuance of a use permit:

(A)

Civic Use Types

Minor Impact Utilities

(B)

Commercial Use Types

Cottage Industries

(C)

Visitor Accommodation Use Types

Single Unit Rentals

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.648.020 - Minimum Lot area for MSR Districts.

Twenty thousand (20,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.025 - Maximum Dwelling Density for MSR Districts.

One (1) principal dwelling unit and one (1) second residential dwelling unit, per twenty thousand (20,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.648.030 - Minimum Front and Rear Yards for MSR Districts.

Twenty (20) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.035 - Minimum Side Yards for MSR Districts.

Six (6) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.040 - Maximum Building Height Limit for MSR Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District For Town Of Mendocino). Reduced heights may be

required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.648.045 - Minimum Vehicle Parking for MSR Districts.

(A)

Two (2) off-street parking spaces for the first residential unit and one and one-half (1½) off-street parking spaces for each additional residential unit.

(B)

One (1) off-street parking space for each visitor accommodation unit (guest room or suite), or, where available space or the requirements this Division preclude off-street parking, payment of an in-lieu fee as required by Chapter 20.714.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.648.050 - Maximum Lot Coverage for MSR Districts.

Twenty-five (25) percent.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.055 - Minimum Lot Width for MSR Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.060 - Maximum Lot Depth for MSR Districts.

Three (3) times the lot width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.648.065 - Additional Requirements for MSR Districts.

No residential dwelling unit or portion thereof shall be converted to any non-residential use, except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.652 - MENDOCINO TOWN RESIDENTIAL "MTR"

Sec. 20.652.005 - Intent.

This district is intended to maintain the existing predominantly single family character of residential neighborhoods in the Town of Mendocino; allow a second residential dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development; and support existing visitor accommodations in the Visitor Serving Facilities Combining District on sites designated with an asterisk (*) or asterisk-B (*B) on the certified Town Plan Land Use and Zoning Maps.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.010 - Permitted Uses for MTR Districts.

(A)

The following use type is the principal permitted use in the MTR District:

(1)

Residential Use Types

Family Residential: Single Family

Family Residential: Two (2) Family

(B)

The following use types are permitted uses in the MTR District:

(1)

Civic Use Types

Community Garden

(2)

Agricultural Use Types

Light Agriculture

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.652.010 to read as set out herein. Previously § 20.652.010 was titled "Principal Permitted Uses for MTR Districts."

Sec. 20.652.015 - Conditional Uses for MTR Districts.

The following use types may be permitted in the MTR District upon issuance of a use permit:

(A)

Civic Use Types

Lodge, Fraternal and Civic Assembly

Major Impact Services and Utilities

Minor Impact Utilities

Religious Assembly

(B)

Visitor Accommodation Use Types

Single Unit Rentals

(C)

Commercial Use Types

Cottage Industries

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.020 - Minimum Lot Area for MTR Districts.

Twelve thousand (12,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.025 - Maximum Dwelling Density for MTR Districts.

(A)

One (1) primary dwelling unit on existing parcels or portions thereof under nine thousand (9,000) square feet.

(B)

One (1) second residential dwelling unit on parcels or portions thereof of nine thousand (9,000) square feet or larger.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.030 - Minimum Front and Rear Yards for MTR Districts.

Ten (10) feet each.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.035 - Minimum Side Yards for MTR Districts.

Six (6) feet each.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.040 - Setback Exception for MTR Districts.

Exceptions to the strict application of building setbacks may be allowed or greater setbacks may be recovered where it is found that strict compliance would have adverse impacts on community character, historical structures, public open space, or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.045 - Maximum Building Height for MTR Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760. Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.050 - Minimum Vehicle Parking for MTR Districts.

(A)

Two (2) off-street parking spaces for the first residential unit and one and one-half (1½) off-street parking spaces for each additional residential unit.

(B)

One (1) off-street parking space for each visitor accommodation unit (guest room or suite), or where available space or the requirements this Division preclude off-street parking, payment of an in-lieu fee as required by Section 20.714.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.652.055 - Maximum Lot Coverage for MTR Districts.

Twenty-five (25) percent.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.060 - Minimum Lot Width for MTR Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.065 - Maximum Lot Depth for MTR Districts.

Three (3) times the lot width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.652.070 - Additional Requirements for MTR Districts.

No residential dwelling unit or portion thereof shall be converted to any non-residential use except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or Chapter 20.748

(Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.656 - MENDOCINO MULTIPLE FAMILY RESIDENTIAL "MRM"

This district is intended to provide areas for multi-family residential development with the density and the number of units per parcel limited to maintain the present scale of the Town of Mendocino; allow a second residential dwelling unit with any primary family dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development; and support visitor accommodations in the Visitor Serving Facilities Combining District as depicted with an asterisk (*) or asterisk-B (*B) on the certified Town Zoning Map.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

The following use type is the principal permitted use in the MRM District:

(1)

Residential Use Types

Family Residential: Single Family

Family Residential: Two (2) Family

Family Residential: Multi-Family

Family Residential: Boarding House

(B)

The following use types are permitted uses in the MRM District:

(1)

Civic Use Types

Community Garden

(2)

Agricultural Use Types

Light Agriculture

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.656.010 to read as set out herein. Previously § 20.656.010 was titled "Principal Permitted Uses for MRM Districts."

Sec. 20.656.015 - Conditional Uses for MRM Districts.

The following uses may be permitted in the MRM District upon issuance of a use permit:

(A)

Civic Use Types

Day Care Facilities/Small Schools

Lodge, Fraternal and Civic Assembly

Major Impact Services and Utilities

Minor Impact Facilities

Religious Assembly

(B)

Commercial Use Types

Cottage Industries

(C)

Visitor Accommodation Use Types

Single Unit Rentals

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.656.020 - Minimum Lot Area for MRM Districts.

Twelve thousand (12,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.025 - Maximum Dwelling Density for MRM Districts.

Dwelling units per parcel, or portion thereof, are subject to minimum lot area per dwelling unit limitations as follows:

(A)

One dwelling unit for the first six thousand (6,000) square feet of lot area; and

(B)

A second dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(C)

A third dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(D)

A fourth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(E)

A fifth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(F)

One (1) additional dwelling unit for each additional six thousand (6,000) square feet of lot area.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.030 - Minimum Front and Rear Yards for MRM Districts.

Twenty (20) feet each.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.035 - Minimum Side Yards for MRM Districts.

Six (6) feet each.

(Ord. No. 3915 (part), adopted 1995.)

Exceptions to the strict application of building setbacks may be allowed or greater setbacks may be required where it is found that strict compliance would have adverse impacts to community character, historic structures, open space or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.045 - Maximum Building Height for MRM Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District For Town Of Mendocino). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.656.050 - Minimum Vehicle Parking for MRM Districts.

(A)

Two (2) off-street parking spaces for the first residential unit and one and one-half (1½) off-street parking spaces for each additional residential unit.

(B)

One off-street parking space for each visitor accommodation unit (guest room or suite), or where available space or the requirements of this Division preclude off-street parking, payment of an in-lieu fee as required by Section 20.714.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.656.055 - Maximum Lot Coverage for MRM Districts.

Twenty-five (25) percent.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.060 - Minimum Lot Width for MRM Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.065 - Maximum Lot Depth for MRM Districts.

Three (3) times the lot width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.656.070 - Additional Requirements for MRM Districts.

No residential dwelling unit or portion thereof shall be converted to any non-residential use except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or by Chapter 20.748

(Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.660 - MENDOCINO MIXED USE "MMU"

Sec. 20.660.005 - Intent.

This district is intended to provide:

(1)

A transition between the commercial development on Lansing and Main Streets and residential areas in the Town of Mendocino;

(2)

Space for offices and retail uses that do not generate heavy vehicular traffic or generally operate between the hours of 6:00 p.m. and 7:00 a.m.;

(3)

Support for visitor accommodations in the Visitor Serving Facilities Combining District on sites depicted with an asterisk (*) or asterisk-B (*B) on the certified Town Zoning Map; and

(4)

Encouragement for preservation and construction of moderately priced dwelling units by allowing a second residential dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

The following use type is the principal permitted use in the MMU District:

(1)

Residential Use Types

Family Residential: Single Family

Family Residential: Two (2) Family

Family Residential: Multi-Family

Family Residential: Boarding House

(B)

The following non-residential use types which do not exceed one thousand (1,000) square feet of gross floor area per parcel are permitted in the MMU District:

(1)

Civic Use Types

Administrative Services Government

Ambulance Services

Community Gardens

Fire and Police Protection Services

(2)

Commercial Use Types

Administrative and Business Offices

Medical Services

Personal Services

Retail Sales: Limited

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.660.010 to read as set out herein. Previously § 20.660.010 was titled "Principal Permitted Uses for MMU Districts."

Sec. 20.660.015 - Uses for MMU Districts Subject to a Minor Use Permit.

(A)

The following use types may be permitted in the MMU District upon issuance of a minor use permit:

(1)

Civic Use Types

Administrative Services Government

Clinic Services

Cultural Exhibits and Library Services

Lodge, Fraternal and Civic Assembly

Minor Impact Utilities

Religious Assembly

(2)

Commercial Use Types

Cottage Industries

(3)

Visitor Accommodation Use Types

Single Unit Rentals

Vacation Home Rentals

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.020 - Uses for MMU Districts Subject to a Major Use Permit.

The following use types may be permitted in the MMU District upon issuance of a major use permit:

(A)

Civic Use Types

Day Care Facilities/Small Schools

Major Impact Services and Utilities

(B)

Commercial Use Types

Financial Services

Food and Beverage Retail Sales

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.025 - Minimum Lot Area for MMU Districts.

Twelve thousand (12,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Dwelling units per parcel, or portion thereof, are subject to minimum lot area per dwelling unit limitations as follows:

(A)

One (1) dwelling unit for the first six thousand (6,000) square feet of lot area; and

(B)

A second residential dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(C)

A third dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(D)

A fourth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(E)

A fifth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(F)

One (1) additional dwelling unit for each additional six thousand (6,000) square feet of lot area.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.035 - Minimum and Rear Yards for MMU Districts.

Twenty (20) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.660.040 - Minimum Side Yards for MMU Districts.

Six (6) feet.

(Ord. No. 3915 (part), adopted 1995.)

Exceptions to the strict application of building setbacks may be allowed, or greater setbacks may be required, where it is found that strict compliance would have adverse impacts to community character,

historical structures, public open space, or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.724 and 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.050 - Maximum Building Height for MMU Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.055 - Minimum Vehicle Parking for MMU Districts.

(A)

On-site Parking: One and one-half (1½) on-site parking spaces for each dwelling unit, and one (1) off-street parking space for each four hundred (400) square feet of non-residential gross floor area.

(B)

Bicycle Parking: The approval authority may require, as mitigation for potentially significant impacts of development on public parking, the development to provide on-site bicycle parking, or where such on-site bicycle parking is infeasible, off-site bicycle parking on a publicly owned parcel that can accommodate it consistent with this Division. Each bicycle parking space provided in a development shall be deemed to count as one-tenth ( 1/10 ) of an automobile parking space for calculation of any required in-lieu parking fee pursuant to Chapter 20.714. If such bicycle parking facilities are required, the location and design of such facilities, if within Mendocino Historical Preservation District Zone A or Zone B, shall be shown on the development site plans and shall also be subject to approval of design and location by the Mendocino Historical Review Board.

(C)

Automobile Parking: The size, shape, topography, or historical character of, or the presence of existing buildings on, some sites in Historical Zone A or Historic Zone B may make it infeasible for development to meet the on-site automobile parking requirements off this Division. Where it is infeasible for development to meet the on-site parking requirements of this Division, the following shall apply: provided that the Mendocino Historical Review Board shall review the proposed parking pursuant to Section 20.724.010(A).

(1)

Off-Site Automobile Parking: Parking requirements may be satisfied by supplying the required parking on another site within the Commercial Zoning District, Mixed Use Zoning District, or the Open Space Zoning District as provided in Chapter 20.714 provided that any such off-site parking shall not be permitted to be located where it would substantially interfere with existing public access along the streets, alleys, roads, or highway in the Town of Mendocino, or to and along the shoreline. Approval of off-site parking on a parcel (lot) in private ownership shall require the development applicant and owner of said parcel (lot) to record a restriction for such off-site parking use, to run with the land and bind all successors, heirs, or assigns.

(2)

Joint Use or Shared Automobile Parking: A reduction in parking requirements may be allowed for mixed use developments which have different peak hours or intensities of operation, and as a result may utilize the same parking spaces to satisfy their respective parking requirements. Approval of joint use or shared parking will require submittal of a shared parking study by a traffic engineer which demonstrates that the combined peak parking demand is less than the normal standards due to different, off-setting parking activity or intensity patterns of the businesses in the development, or there is a relationship among the uses that results in the attraction of patrons to two (2) or more uses with a single auto trip to the development.

(D)

One (1) off-street parking space for each visitor accommodation unit or guest, or where available space or the requirements this Division preclude off-street parking, payment of an in-lieu fee as required by Chapter 20.714.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.660.060 - Maximum Lot Coverage for MMU Districts.

Fifteen (15) percent for the main building or where there is only one (1) building on a site. Where two (2) or more buildings are on a lot, twenty-five (25) percent total lot coverage for all buildings.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.660.065 - Minimum Lot Width for MMU Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.660.070 - Maximum Lot Depth for MMU Districts.

Three (3) times lot width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.660.075 - Additional Requirements for MMU Districts.

(A)

The gross floor area of all structures shall not exceed one-half (½) of a square foot for each square foot of lot area.

(B)

Fifty (50) percent or more of the gross floor area of all development shall be devoted to residential dwelling units; provided, that this requirement shall not apply to existing visitor serving facilities in the Visitor Serving Facilities Combining District on parcels (lots) depicted with an asterisk (*) or asterisk-B (*B) on the certified Town Zoning Map.

(C)

No non-residential use shall be permitted prior to a residential use being established on the site; provided, that this requirement shall not apply to existing visitor serving facilities in the Visitor Serving Facilities Combining District on parcels (lots) depicted with an asterisk (*) or asterisk-B (*B) on the certified Town Zoning Map.

(D)

No non-residential use shall be permitted to operate a business open to the public between the hours of 6:00 p.m. and 7:00 a.m.; provided, that this requirement shall not apply to existing visitor serving facilities in the Visitor Serving Facilities Combining District on parcels (lots) depicted with an asterisk (*) or asterisk-B (*B) on the certified Town Zoning Map.

(E)

No residential dwelling unit or portion thereof shall be converted to any non-residential use except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or by Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(F)

In no case shall the floor area under one (1) roof exceed eight thousand (8,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.664 - MENDOCINO COMMERCIAL "MC"

This district is intended to provide an area within the Town suitable: for commercial development compatible with existing commercial uses; to support existing visitor accommodations in the Visitor Serving Facilities Combining District on sites designated with an asterisk (*) or asterisk-B (*B) on the certified Town Plan Land Use and Zoning Maps.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.010 - Permitted Uses for MC Districts.

(A)

The following use type which does not exceed one thousand (1,000) square feet of gross floor area per lot is the principal permitted use in the MC District:

(1)

Commercial Use Types

Administrative and Business Offices

Medical Services

Personal Services

Retail Sales: Limited

(B)

The following use types are permitted in the MC District:

(1)

Residential Use Types

Family Residential: Single Family

Family Residential: Two (2) Family

Family Residential: Three (3) Family

(2)

Civic Use Types

Administrative Services Government

Clinic Services

Community Gardens

Cultural Exhibits and Library Services

Lodge, Fraternal and Civic Assembly

Minor Impact Utilities

Religious Assembly

(3)

Visitor Accommodation Use Types

Visitor Serving Facilities (Existing):

Hotels, Inns (*)

Bed and Breakfast Accommodations (*B)

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.664.010 to read as set out herein. Previously § 20.664.010 was titled "Principal Permitted Uses for MC Districts."

Sec. 20.664.015 - Uses for MC Districts Subject to a Minor Use Permit.

The following use types may be permitted in the MC District upon issuance of a minor use permit:

(A)

Civic Use Types

Day Care Facilities/Small Schools

Minor Impact Utilities

(B)

Commercial Use Types

Business Equipment Sales and Services

Food and Beverage Preparation: Without Consumption

Food and Beverage Retail Sales

Repair Services, Consumer Retail Sales: General

(C)

Visitor Accommodation Use Types

Single Unit Rentals

Vacation Home Rentals

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.020 - Uses for MC Districts Subject to a Major Use Permit.

The following use types may be permitted in the MC District upon issuance of a major use permit.

(A)

Civic Use Types

Educational Facilities

Major Impact Services and Utilities

(B)

Commercial Use Types

Agricultural Sales and Services

Animal Sales and Services: Household Pets Animal Sales and Services: Veterinary (Small Animals)

Automotive and Equipment: Gasoline Sales

Automotive and Equipment: Repairs

Building Maintenance Services

Commercial Recreation: Indoor Sports and Recreation

Commercial Recreation: Indoor Entertainment

Communication Services

Construction Sales and Services

Custom Manufacturing

Eating and Drinking Establishments

Financial Services

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.025 - Minimum Lot Area for MC Districts.

Twelve thousand (12,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.030 - Maximum Dwelling Density for MC Districts.

Dwelling units per parcel, or portion thereof, are subject to minimum lot area per dwelling unit limitations as follows:

(A)

One (1) dwelling unit for the first six thousand (6,000) square feet of lot area; and

(B)

A second residential dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(C)

A third dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(D)

A fourth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(E)

A fifth dwelling unit for an additional three thousand (3,000) square feet of lot area; and

(F)

One (1) additional dwelling unit for each additional six thousand (6,000) square feet of lot area.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.035 - Minimum Front and Rear Yards for MC Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.040 - Minimum Side Yards for MC Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.045 - Setback Exception for MC Districts.

Exceptions to the strict application of building setbacks may be allowed, or greater setbacks may be required, where it is found that strict compliance would have adverse impacts to community character, historic structures, open space or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.050 - Maximum Building Height for MC Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for the Father Time and the Maiden sculpture-monument, church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.055 - Minimum Vehicle Parking for MC Districts.

(A)

On-site Parking: One and one-half (1½) on-site parking spaces for each dwelling unit, and one (1) off-street parking space for each four hundred (400) square feet of non-residential gross floor area.

(B)

Bicycle Parking: The approval authority may require, as mitigation for potentially significant impacts of development on public parking, the development to provide on-site bicycle parking, or where such on-site bicycle parking is infeasible, off-site bicycle parking on a publicly owned parcel that can accommodate it consistent with this Division. Each bicycle parking space provided in a development shall be deemed to count as one-tenth ( 1/10 ) of an automobile parking space for calculation of any required in-lieu parking fee pursuant to Chapter 20.714. If such bicycle parking facilities are required, the location and design of such facilities, if within Mendocino Historical Preservation District Zone A or Zone B, shall be shown on the development site plans and shall also be subject to approval of design and location by the Mendocino Historical Review Board.

(C)

Automobile Parking: The size, shape, topography, or historical character of, or the presence of existing buildings on, some sites in Historical Zone A or Historic Zone B may make it infeasible for development to meet the on-site automobile parking requirements off this Division. Where it is infeasible for development to meet the on-site parking requirements of this Division, the following shall apply: provided that the o Mendocino Historical Review Board shall review the proposed parking pursuant to Section 20.724.010(A).

(1)

Off-Site Automobile Parking: Parking requirements may be satisfied by supplying the required parking on another site within the Commercial Zoning District, Mixed Use Zoning District, the Public Facility District, or the Open Space Zoning District as provided in Chapter 20.714, provided that any such off-site parking shall not be permitted to be located where it would substantially interfere with existing public access along the streets, alleys, roads, or highway in the Town of Mendocino, or to and along the shoreline. Approval of offsite parking on a parcel (lot) in private ownership shall require the development applicant and owner of said

parcel (lot) to record a restriction for such off-site parking use, to run with the land and bind all successors, heirs, or assigns.

(2)

Joint Use or Shared Automobile Parking: A reduction in parking requirements may be allowed for mixed use developments which have different peak hours or intensities of operation, and as a result may utilize the same parking spaces to satisfy their respective parking requirements. Approval of joint use or shared parking will require submittal of a shared parking study by a traffic engineer which demonstrates that the combined peak parking demand is less than the normal standards due to diverse different, off-setting parking activity or intensity patterns of the businesses in the development, or there is a relationship among the uses that results in the attraction of patrons to two (2) or more uses with a single auto trip to the development.

(D)

One (1) off-street parking space for each visitor accommodation lodging unit, or where available space or the requirements this Division preclude off-street parking, payment of an in-lieu fee as required by Chapter 20.714.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.664.060 - Maximum Lot Coverage for MC Districts.

Twenty-five (25) percent.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.065 - Minimum Lot Width for MC Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.070 - Maximum Lot Depth for MC Districts.

Eighty (80) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.664.075 - Additional Requirements for MC Districts.

(A)

The maximum gross floor area of all structures shall not exceed one-half (½) square foot for each square foot of lot area. In no case shall gross floor area under one (1) roof exceed eight thousand (8,000) square feet.

(B)

All commercial lots fronting on Main Street and accessible from Albion Street between Woodward Street and Ford Street shall comply with the following:

(1)

Where vehicular access is proposed to serve commercial development, vehicular access shall be provided from Main Street; and

(2)

No vehicular access to serve commercial development shall be provided from Albion Street.

(C)

No residential dwelling unit or portion thereof shall be converted to any non-residential use except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or by Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

• (Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.668 - MENDOCINO PUBLIC FACILITIES "MPF"

Sec. 20.668.005 - Intent.

This district is intended to apply to parcels (lots) which are currently used for, or would properly be used for, public purposes and, as specified, for public utility purposes.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.668.010 - Permitted Uses for MPF Districts.

(A)

The following use type is the principal permitted use in the MPF District:

(1)

Open Space Use Types

Open Space

(B)

The following use types are permitted uses in the MPF District:

(1)

Civic Use Types

Community Gardens

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.668.010 to read as set out herein. Previously § 20.668.010 was titled "Principal Permitted Uses for MPF Districts."

Sec. 20.668.015 - Conditional Uses for MPF Districts.

The following uses may be permitted in the MPF District upon issuance of a use permit:

(A)

Civic Use Types

Administrative Services Government

Art Center

Cemetery

Day Care Facilities/Small Schools

Educational Facilities

Fire and Police Protection Services

Major Impact Services and Utilities

Minor Impact Utilities

Community Recreation

Religious Assembly

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.668.020 - Minimum Lot Area for MPF Districts.

Twelve thousand (12,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.668.025 - Maximum Dwelling Density for MPF Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Ten (10) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.668.035 - Minimum Side Yards for MPF Districts.

Six (6) feet.

(Ord. No. 3915 (part), adopted 1995.)

Exceptions to the strict application of building setbacks may be allowed, or greater setbacks may be required, where it is found that strict compliance would have adverse impacts to community character, historical structures, public open space, or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.668.045 - Maximum Building Height for MPF Districts.

Structures shall be limited to a maximum height of twenty-eight (28) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.668.050 - Minimum Vehicle Parking for MPF Districts.

(A)

One (1) off-street parking space for each employee, plus additional off-street parking spaces for the following uses:

(1)

Schools: One (1) space for each five (5) students;

(2)

Public and Religious Assembly: One (1) space for each five (5) seats.

(B)

All others: One (1) space for each four hundred (400) square feet of gross floor area.

(C)

Where the provision of on-site parking spaces in a development within a MPF District is infeasible, the development shall participate in the shared parking program established pursuant to Chapter 20.714 to provide adequate off-street parking for any temporary event or peak use period.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.668.055 - Maximum Lot Coverage for MPF Districts.

Twenty-five (25) percent.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.668.060 - Minimum Lot Width for MPF Districts.

Sixty (60) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.668.065 - Maximum Lot Depth for MPF Districts.

Three (3) times width.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.668.070 - Additional Requirements for MPF Districts.

(A)

An amendment to the certified Town of Mendocino Local Coastal Program shall be required for any one (1) of the following activities at the Middle School site at Pine and School Streets:

(1)

Any proposed private use of the site; or

(2)

Any change in public use of the site that would remove permanent buildings; or

(3)

Any change in public use that would intensify development of the site.

(B)

Conversion of existing public and community serving uses to uses not specifically identified in Section 20.668.015 shall require an amendment to the certified Town of Mendocino Local Coastal Program.

(C)

The maximum gross floor of all structures shall not exceed one (1) square foot for each square foot of lot area. In no case shall gross floor area under one (1) roof exceed eight thousand (8,000) square feet.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.670 - RESERVED[[65]]

Footnotes:

--- ( 65 ) ---

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed ch. 20.670, §§ 20.670.005— 20.670.050, in its entirety. Former ch. 20.670 pertained to "Mendocino Forest Lands District "MFL"," and was derived from Ord. No. 3915 (part), adopted 1995.

Secs. 20.670.005—20.670.050 - Reserved. CHAPTER 20.672 - MENDOCINO OPEN SPACE "MOS"

Sec. 20.672.005 - Intent.

This District is intended to be applied to lands held in public ownership for recreational use, including Mendocino Headlands State Park, and Friendship Park, and to lands most valuable in their undeveloped and/or natural state, including, but not limited to, lands which contain rare and endangered species and habitat, riparian vegetation zones, sites of historical or archaeological significance; public highly scenic areas; and which, because of their value, have been dedicated under Government Code Section 51050 or 51080 as privately owned open space to a public or nonprofit organization which qualifies under Internal Revenue Code Section 501(c)(3) or through an easement which ensures the retention of the land in open space.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

The following use type is the principal permitted in the MOS District:

(1)

Open Space Use Types

Open Space

Passive Recreation

(B)

The following use types are permitted uses in the MOS District:

(1)

Civic Use Types

Community Gardens

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.672.010 to read as set out herein. Previously § 20.672.010 was titled "Principal Permitted Uses for MOS Districts."

Sec. 20.672.015 - Conditional Uses for MOS Districts.

The following use types may be permitted in the MOS District upon issuance of a use permit:

(A)

Residential Use Types

Family Residential: Employee Caretaker Housing

(B)

Civic Use Types

Fire and Police Protection Services

Major Impact Services and Utilities

Minor Impact Utilities

Cultural Exhibits and Library Services

(C)

Open Space Use Types

Active Recreation

(D)

Agricultural Use Types

Horticulture

Light Agriculture

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.672.020 - Minimum Lot Area for MOS Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.672.025 - Maximum Dwelling Density for MOS Districts.

One (1) dwelling unit per ten (10) acres of lot area.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.672.030 - Minimum Front and Rear Yards for MOS Districts.

Fifty (50) feet for new structures; provided that overflow parking may be permitted consistent with coastal resource protection and public access to and along the coast, for temporary events or during peak use periods in Mendocino Headlands State Park adjacent to:

(a)

Main Street, west of the southerly projection of Williams Street,

(b)

Heeser Street, between Main Street and Ukiah Street, and

(c)

On the landward side of Heeser Drive, up to one thousand (1,000) feet west of the intersection of Heeser Street and Heeser Drive.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.672.035 - Minimum Side Yards for MOS Districts.

Twenty (20) feet.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.672.040 - Setback Exception for MOS Districts.

Exceptions to the strict application of building setbacks may be allowed, or greater setbacks may be required, where it is found that strict compliance would have adverse impacts to community character, historic structures, open space, or public views. Exceptions may only be allowed pursuant to the review process in Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.672.045 - Maximum Building Height for MOS Districts.

Structures shall be limited to a maximum height of eighteen (18) feet above natural grade. Exceptions to the strict application of maximum building heights may be allowed for church steeples, flag poles, water towers, and utility poles where utility cables cannot feasibly be undergrounded, and where such exceptions are consistent with the intent of the Zoning District and with Chapter 20.760 (Historical Preservation District). Reduced heights may be required where it is found that building heights would have adverse impacts to community character, historical structures, public open space, or significant public views. Exceptions may only be allowed pursuant to the provisions of Chapter 20.724 (Variances) or Chapter 20.760.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.672.050 - Minimum Vehicle Parking for MOS Districts.

(A)

Existing automobile and bicycle parking in MOS Districts shall be maintained and enhanced, including, but not limited to, through the provision of clearly delineated spaces for persons with disabilities, stormwater runoff controls, and installation of vehicle electric charging stations.

(B)

Parking requirements for new development in any MOS District are dependent upon the proposed use and will be evaluated, consistent with applicable parking standards for such use in this Division, incorporated herein by reference, pursuant to the review process established in Chapters 20.760 (Historical Preservation District For Town Of Mendocino) and 20.720 (Coastal Development Permit Regulations).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.672.055 - Maximum Lot Coverage for MOS Districts.

Two (2) percent.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.672.060 - Minimum Lot Width for MOS Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.672.065 - Maximum Lot Depth for MOS Districts.

None.

(Ord. No. 3915 (part), adopted 1995.)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed § 20.672.070 in its entirety. Former § 20.672.020 pertained to "Additional Requirements for MOS Districts," and was derived from Ord. No. 3915 (part), adopted 1995.

CHAPTER 20.676 - MENDOCINO PLANNED UNIT DEVELOPMENT COMBINING DISTRICT "PD"

The Mendocino Planned Unit Development Combining District (PD) is intended to allow residential development of more than one (1) dwelling unit with site development plan review to ensure maximum preservation of open space and to reduce costs of development. Planned Unit Development is integrated development of one (1) or more parcels in a single or multiple ownership. Each ownership may be developed separately under the Planned Unit Development Combining District. This development technique permits variable parcel sizes, but an overall density not to exceed the gross densities permitted in the zoning district. Planned Unit Development requires a comprehensive plan for development to ensure the maximum preservation of open space, protection of views from public roads, preservation of pygmy vegetation areas where the entire parcel is pygmy soil types and for resource protection. The plan may encompass elements such as the type of ownership proposed to manage the undeveloped areas, a program for operation and maintenance of all areas, provision for facilities and services for the common use of persons occupying or utilizing the property, the location of structures, the circulation pattern, parking facilities and for provision of utilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.676.010 - Regulations for PD Combining Districts.

(A)

Use Permit Requirements for PD Combining District. A use permit shall be required for all development within a PD Combining District. A development plan submitted with the use permit application shall incorporate all contiguous land under one (1) ownership within an PD Combining District. No permit shall be issued except in accord with an approved development plan. A development plan may authorize phased development within an PD Combining District.

(B)

Design Criteria. A development plan may provide for dwelling units on individual lots, for joint ownership of open space parcels, for condominium ownership, or for rental units. Dwelling units will be reviewed to ensure maximum preservation of open space, protection of public views from public roads, the preservation of pygmy vegetation areas where the entire parcel is pygmy soil types categorized as ESHA and for resource protection. Dwelling units may be required to be clustered, screened, or located only in specific portions of the PD Combining District to accomplish the purposes of this Chapter.

(C)

Development Plan. The development plan shall encompass such elements as the location of structures, the circulation pattern, parking facilities, provision of utilities, maximum preservation of open space, protection of public views from public roads and location of pygmy type vegetation, coastal resource protection, and ownership type, together with a program for provision, operation, and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property. All sensitive resource areas and areas designated as environmentally sensitive habitat areas will be required to comply with the applicable provisions of Chapters 20.488, 20.492, 20.496 and 20.500 of Division II of this Title.

(D)

Construction of the first dwelling unit or establishment of any principal permitted use shall be exempt from the regulations in this section. Nothing, however, in this subsection shall be construed to exempt the principal permitted use or accessory use from the necessity of obtaining a Coastal Development Permit for development and compliance with other Chapters in this division.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.676.015 - Additional Regulations for PD Combining Districts.

Within the PD Combining District, site development regulations of the base zone shall apply except where specifically modified pursuant to a Use Permit. The following modifications of site development regulations may be allowed:

(A)

The minimum lot area may be reduced, provided the maximum number of dwelling units within the planned development shall not exceed the number of units attainable under the base zone regulations.

(B)

The minimum lot width and depth for any lot within the planned development may be reduced.

(C)

The minimum setbacks for any lot within the planned development may be reduced, provided the minimum setbacks for the base zoning district shall be maintained at the perimeter of the entire planned development project site.

(D)

No residential dwelling unit or portion thereof shall be converted to any non-residential use except as provided by Chapter 20.684 (Mendocino Visitor Serving Facilities Combining District) or by Chapter 20.748 (Single Unit Rentals and Vacation Home Rentals).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.680 - RESERVED[[66]]

Footnotes:

--- ( 66 ) ---

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed ch. 20.680, §§ 20.680.005— 20.680.030, in its entirety. Former ch. 20.680 pertained to "Mendocino Bed AND Breakfast Combining District "*B"," and was derived from Ord. No. 3915 (part), adopted 1995.

Secs. 20.680.005—20.680.030 - Reserved.

CHAPTER 20.684 - MENDOCINO VISITOR SERVING FACILITIES COMBINING DISTRICT (* and *B)[[67]]

Footnotes:

--- ( 67 ) ---

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, amended the title of ch. 20.684 to read as set out herein. Previously ch. 20.684 was titled "Mendocino Visitor-Serving Facilities Combining District "*"."

Sec. 20.684.005 - Intent.

This combining district is intended to provide for, and protect, visitor accommodations within the Town of Mendocino, and shall apply to those specific sites that have been reserved and deemed appropriate for commercial visitor serving facilities providing overnight accommodations, as listed in Appendix 2 of the Mendocino Town Plan, and as depicted with an asterisk (*) or asterisk-B (B) on the certified Town Land Use and Zoning Maps, including hotels and inns of five (5) units or more (), and bed and breakfast accommodations of four (4) rooms or fewer (*B). (Single Unit Rentals and Vacation Home Rentals are also Visitor Accommodation Use Types, but are not included in the Visitor Serving Facilities Combining District because their locations are not fixed. See Chapter 20.748 "Single Unit Rentals and Vacation Home Rentals" of this Division.)

(Ord. No. 3915 (part), adopted 1995)

• (Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.050 to read as set out herein. Previously § 20.684.050 was titled "Expiration and Completion."

Sec. 20.684.010 - Permitted Uses for Mendocino Visitor Serving Facilities Combining District (* and *B).

(A)

The Principal Permitted Use shall be the use specified in the base zone as the Principal Permitted Use.

(B)

The following use types are permitted in the Mendocino Visitor Serving Facilities Combining District (* and *B):

(1)

Visitor Accommodation Use Types (Visitor Serving Facilities)

Hotels and Inns, as listed in Appendix 2 of the Mendocino Town Plan, and depicted with an asterisk (*) on the certified Town Land Use and Zoning Maps.

Bed and Breakfast Accommodations, as listed in Appendix 2 of the Mendocino Town Plan, and depicted with an asterisk-B (*B) on the certified Town Land Use and Zoning Maps.

(Ord. No. 3915 (part), adopted 1995)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.010 to read as set out herein. Previously § 20.684.010 was titled "Principal Permitted Uses for * Districts."

Sec. 20.684.015 - Conditional Uses for Mendocino Visitor Serving Facilities Combining District (* and *B).

The following use types may be permitted in the Mendocino Visitor Serving Facilities Combining District (* and *B) upon issuance of a use permit:

(A)

Residential Use Types

All Residential Use Types specified in the base zone

(B)

Other Use Types

All Non-residential Use Types specified in the base zone as Conditional Uses.

(Ord. No. 3915 (part), adopted 1995)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.015 to read as set out herein. Previously § 20.684.015 was titled "Conditional Uses for * Districts."

Sec. 20.684.020 - Development Regulations for Mendocino Visitor Serving Facilities Combining District (* and *B).

Within the Mendocino Visitor Serving Facilities Combining District (* and *B), site development regulations of the base zone shall apply, including the provisions of Section 20.660.075(A) and (B) when combined with the MMU District.

(Ord. No. 3915 (part), adopted 1995)

• (Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.020 to read as set out herein. Previously § 20.684.020 was titled "Development Regulations for * Districts."

Sec. 20.684.025 - Maximum Density for Mendocino Visitor Serving Facilities Combining District (* and *B).

Maximum dwelling units as specified in the base zone.

(Ord. No. 3915 (part), adopted 1995; Ord. No. 3996, adopted 1998)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.025 to read as set out herein. Previously § 20.684.025 was titled "Maximum Density for * Districts."

Sec. 20.684.030 - Additional Regulations for Mendocino Visitor Serving Facilities Combining District.

(A)

The total number of visitor serving lodging units (guest rooms and suites) in the Town of Mendocino shall not exceed the limit of two hundred thirty-seven (237) Inn, Hotel, and Bed and Breakfast visitor serving facility lodging units (guest rooms and suites) set forth in Growth Management Policy GM-3(a).

(B)

No new or expanded inn or hotel operation or business shall exceed twenty-five (25) overnight units, and each such use type shall be operated as a separate entity from any other visitor serving facility within the Town of Mendocino, by providing separate parking facilities, ingress and egress, registration and reservation facilities.

(C)

All new visitor serving facilities or expansion of existing visitor serving facilities shall be designed in scale, architecture and materials to maintain existing character of the town consistent with the special community designation.

(D)

All persons operating a Visitor Accommodation Use Type, whether or not included in the Mendocino Visitor Serving Facilities Combining District, shall be subject to the provisions of Chapter 5.20 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Chapter) of the Mendocino County Code.

(E)

One (1) parking space shall be provided on-site for each visitor serving facility lodging unit (guest room or suite), or where available space or the requirements this Division preclude off-street parking, an in-lieu fee shall be paid for provision of off-site parking.

(F)

Any new visitor serving facility not located on a site identified on the certified Mendocino Town Land Use and Zoning Maps with an asterisk (*) or asterisk-B (*B) shall be located in the Mendocino Mixed Use (MMU) or Mendocino Commercial (MC) Districts and shall first require an amendment to the Local Coastal Program before a coastal development permit application for such new development.

(G)

The 1992 Mendocino Town Plan's visitor accommodation limit was two hundred eighty (280) unit equivalents, comprised of two hundred thirty-four (234) "visitor serving facilities" lodging units, twenty-three (23) Single Unit Rental, and twenty-three (23) Vacation Home Rental private visitor accommodations. The updated Mendocino Town LCP reclassifies the existing thirteen (13) Art Center Student/Instructor Housing units as a housing use where priority is given for housing students instructors, artist-in-residence, staff, and scholar art program members, although transient occupancy of the units by the general public may occur. As the use is primarily housing, the thirteen (13) units have been deleted from the calculation of the total number of allowable visitor serving facility lodging units in the Town, reducing visitor accommodations from two hundred eighty (280) to two hundred sixty-seven (267) unit equivalents However, the transfer of sixteen (16) unit equivalents from Single Unit Rental and Vacation Home Rental to "Visitor Serving Facilities" results in availability of two hundred thirty-seven (237) committed visitor accommodation units in the Mendocino Visitor Serving Facilities Combining District (* and *B). Most of the units within the limit are already allocated to facilities designated in the 1992 Town Plan. The remainder shall be allocated as set forth in Section 20.684.030(H).

(H)

Visitor Serving Facilities Combining District (* and B) Lodging Unit Allocation Procedures: Appendix 2 identifies the 1992 allocation of two hundred fifteen (215) visitor serving facility lodging units allowed in the Town at the sites designated for visitor serving facility lodging units by an asterisk * or asterisk B (B). The remaining twenty-two (22) of the total of two hundred thirty-seven (237) visitor serving facility lodging units that may be allocated in the Town pursuant to Town Plan Policy GM-3 shall be made available for application, permitting, and use by existing visitor serving facilities that are designated for visitor serving lodging units by an asterisk (*) or asterisk-B (*B).

(1)

Seven (7) units are reserved for the Nicholson House Inn, located at 44861 Ukiah Street to allow the operators of the Nicholson House Inn to submit a coastal development permit application that is deemed

complete by the Department of Planning and Building Services by December 31, 2018, in order to establish legal operation of the reserved units. If a complete application is not submitted by that date, and a coastal development permit is not obtained by June 30, 2019, the allocations for the visitor serving facility lodging units shall be forfeited and shall become available for reallocation to another visitor serving facility.

(2)

Remaining unallocated Visitor Serving Facility lodging units shall be made available by the Planning and Building Services Department for application, permitting, and use on Visitor Serving Facility sites mapped with an asterisk (*) or asterisk-B (*B) that can accommodate additional units, consistent with the Visitor Serving Facility Unit Allocation Procedure in Mendocino Town Plan Section 6.7 and this Chapter, and with all other standards of the Mendocino Town LCP.

(3)

Any visitor serving facility lodging unit that is operating without a valid coastal development permit where one (1) is required must both submit an application for a coastal development permit deemed complete by the Department of Planning and Building Services by December 31, 2018 and obtain a coastal development permit by June 30, 2019. If either a complete application is not submitted, or a coastal

development permit is not obtained, by their respective deadlines, any existing allocation for the visitor serving lodging unit shall be forfeited and shall become available for reallocation to another visitor serving facility pursuant to the Visitor Serving Facility Lodging Unit Allocation Implementation Procedure in Mendocino Town Plan Section 6.7 and Mendocino Town Zoning Code Section 20.684.030(H).

(4)

As any allocated visitor serving lodging unit becomes abandoned, fails to obtain any necessary coastal development permit or other necessary approvals, or when any such permits or approval for an allocated unit has expired or been revoked, the allocation for the visitor serving facility lodging unit shall be forfeited and the Planning and Building Services Department shall reallocate the unit.

(5)

In the event that (a) the County's Planning and Building Services Department does not receive applications for authorization of any unallocated units by December 31, 2018, or (b) at such other time as an allocation is forfeited or any authorized or permitted unit expires, or is abandoned, denied, or revoked, the Director of the Planning and Building Services Department shall issue a public notice stating the number of units available, and the time period during which permit applications for the unreserved and/or unallocated units in the Town will be accepted by the Department.

(6)

The Director shall issue a public notice that permit applications for unallocated units are being accepted within twenty-one (21) days after one (1) or more units become available for allocation. The notice shall state the number of visitor serving facility lodging units available, and the date on which a sixty (60) day permit application period for receipt of applications for these units will commence. The Department will accept and hold, but not process, applications deemed complete by the Department during the specified application period. A "complete application" shall include all of the information required by Section

f visitor serving facility lodging units available, and the date on which a sixty (60) day permit application period for receipt of applications for these units will commence. The Department will accept and hold, but not process, applications deemed complete by the Department during the specified application period. A "complete application" shall include all of the information required by Section

20.720.025(2) including, but not limited to, demonstration that (a) adequate water well production and wastewater system capacity exist, or have been permitted, to serve the newly authorized, as well as existing, visitor serving facility lodging units on the site, and (b) proposed authorized units shall also comply with the County Building Codes and the parking requirements of this Chapter.

(7)

On completion of the sixty (60) day application period described in Section 20.684.030(b)(6), the Department of Planning and Building Services will determine the quantity of visitor serving facility lodging units being sought. If this number is less than, or equal to, the quantity of units that is available, the Department shall schedule the applications, in the order they are deemed complete, for public hearing and action pursuant to Chapters 20.720 and 20.760 of the Mendocino Town Zoning Code. If this number of requested units exceeds the quantity available, then the Director will hold a random lottery to determine the order in which each complete application will become eligible for public hearing and action.

(8)

The granting or modification of any coastal development permit by the approving authority shall be supported by findings which establish at a minimum that the proposed development and use of the unit(s) is in conformity with the certified Town local coastal program and with the current applicable County Building code and parking requirements of this Division.

(9)

Any required condition of approval imposed by a County-issued permit or other authorization pursuant to this Section, shall be satisfied within two (2) years following the date of issuance, or the permit authorization shall expire.

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.684.030 to read as set out herein. Previously § 20.684.030 was titled "Additional Regulations for * Districts."

CHAPTER 20.688 - MENDOCINO DEVELOPMENT LIMITATIONS COMBINING DISTRICT "DL"

This combining district is intended only to be used in conjunction with another land use classification on parcels or portions of parcels that according to available data have potentially significant constraints that may limit the location, type, and/or concentration of development. Such constraints include slopes over thirty (30) percent, erosion, landslide potential, or other geophysical hazards.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.688.010 - Parcel Size for DL Districts.

As allowed in the base zoning district subject to conditions in Chapter 3.4 of the Coastal Land Use Element.

(Ord. No. 3915 (part), adopted 1995.)

All development proposed in an area designated "DL" also shall comply with the provisions of Chapter 20.488 (Coastal Development Review Criteria), Chapter 20.492 (Grading, Erosion and Runoff) and Chapter 20.500 (Hazard Areas) of Division H of this Title.

(Ord. No. 3915 (part), adopted 1995.)

CHAPTER 20.692 - LIMITATIONS AND EXCEPTIONS

Sec. 20.692.005 - Applicability.

The regulations specified in this Division and the uses governed thereby shall be subject to the general provisions, modifications and exceptions of this Chapter.

(Ord. No. 3915 (part), adopted 1995.)

When a legally created lot, in individual ownership, is subsequently zoned to a minimum parcel size larger than the legally created lot), said lot shall not be subject to requirements for variance regarding minimum lot size, lot width, or lot depth, but shall be considered to be a legal non-conforming lot, subject to all other regulations of this Division.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.692.015 - Yards.

The provisions of Section 20.692.015(D), (E), and (G) may be modified pursuant to the review process in Chapter 20.760 where strict compliance would have adverse impacts on community character, historical structures, public open space, or public views.

(A)

No yard or other open space provided about any building, for the purpose of complying with the regulations of this Division, shall be considered as providing a yard or open space that is required for any other building or structure.

(B)

In any case where a setback line and plan line have been established, the required yard on the street frontage of a lot shall be measured in accordance with such lines, and in no case shall the provisions of this Division be construed as permitting any structure to extend beyond such lines.

(C)

If a roadway easement or access easement serves, or has the potential to serve, more than four (4) lots or parcels, said easement shall be considered a street solely for the purpose of establishing a front-yard setback or a corridor preservation setback.

(D)

Eaves, canopies, and similar roof features may overhang into any required yard setback a distance not exceeding two (2) feet.

(E)

Fences, in rear or side yards that do not have street frontage, may not exceed eight (8) feet in height. (Fences over six (6) feet in height require building permits). Fences and hedges in front yards and any rear or side yards that have street frontage may not exceed three and one-half (3½) feet in height. The above fence height limitations shall apply to view obstructing fences, such as board fences and picket fences. Fences for the containment of animals, such as barbed wire, chicken wire, hog wire, and similar loosemeshed wire fences, or non-view obscuring fences such as cyclone fences, shall not be subject to these fence height restrictions.

(F)

Barns, stables, chicken houses, and similar accessory buildings shall be a minimum of fifty (50) feet from any property line of the parcel (lot) on which they are located, and a minimum of forty (40) feet from any dwelling.

(G)

Front yard setbacks shall be maintained, in any Zoning District, from all lot lines that have street frontage. Side yard setbacks shall be maintained from all other lot lines that do not have street frontage.

(H)

A detached garage, detached storage shed, or similar detached accessory building not exceeding fifteen (15) feet in height at the ridge and five hundred (500) square feet of floor area, and any uncovered decks or porch, shall be set back five (5) feet from any rear property lines that do not have street frontage. Setbacks from property lines that have street frontage shall be as otherwise required by this Division.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

There is established a designated scenic corridor along both sides and parallel to Highway 1, a minimum of two hundred (200) feet or inland to the first line of trees nearest the road. In no case does the corridor extend more than three hundred fifty (350) feet from the road shoulder.

(B)

Development that is located within three hundred fifty (350) feet of the Highway 1 right-of-way shall maximize protection of existing public views:

(1)

Over publicly owned parcels and public rights-of-way from Highway 1;

(2)

Within the designated scenic corridor identified in Subsection (A) above;

(3)

To the sea; and,

(4)

To landmark structures designated in the Inventory of Historic Structures in Appendix 1 of the certified Mendocino Town Plan.

(C)

Construction of any structure on that portion of real property, conveyed by the California Department of Parks and Recreation to the Mendocino Presbyterian Church (Assessor's Parcel Number 119-250-40), shall be compatible with the character and use of Mendocino Headlands State Park, as determined in consultation with the State Historic Preservation Officer. Any improvements, including landscape screening, shall not obscure the visibility of any portion of the Church sanctuary from Highway 1. Other view protection standards contained in the certified Coastal Element of the Mendocino County General Plan for the coastal zone to the south of the Town also apply. Any improvements shall also conform to the requirements of all local ordinances pertaining to the Mendocino Historical Preservation District.

(D)

Public pedestrian access on that part of Assessor's Parcel Number 119-250-40, conveyed by the California Department of Parks and Recreation to the Mendocino Presbyterian Church and designated MPF, from the southerly end of Church Street, shall be provided at all times to Mendocino Headlands State Park and the mouth of Big River. Any proposed development of said portion of real property shall identify an alternative public access-way. If that development includes a parking area, vehicular access and parking by the public shall be granted upon the property, except during regular church services and between dusk and sunrise.

(E)

Development in the Town of Mendocino located outside the Mendocino Historical Preservation District identified in Section 20.760.010, shall be consistent with the standards of the Mendocino Historical Preservation District in Section 20.760.050 of this Division.

(F)

Approvals for new development and redevelopment along streets with high levels of pedestrian activity shall require renovation of existing sidewalks, if needed, and where no sidewalks exist, provision of wheelstops to protect existing walking paths or creation of new public walking paths, where feasible, and where the property has frontage on two (2) streets.

(G)

The following types of retail establishments or activity, as defined herein, are prohibited within the Town of Mendocino:

1.

Formula Restaurants.

2.

Formula Lodging.

3.

Formula Retail, except for vehicle (fueling) stations, which are allowed, provided they are otherwise compatible with the Town's design character.

(H)

Any Formula Restaurant, Retail or Lodging establishment substantially identical to fewer than ten (10) establishments, regardless of ownership or location, shall modify its design, if necessary, to fit within the scale and design and character of the Town.

(I)

All drive-thru facilities associated with commercial uses, where motorists can obtain services while their vehicle continues to operate, are prohibited in any zoning district with the exception of vehicle fueling stations.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.692.025 - Additional Requirements for All Districts.

All development proposed in the Town of Mendocino also shall, as applicable, comply with the provisions of Chapter 20.420 (Coastal Flood Plain Combining Districts), Chapter 20.488 (Coastal Development General Review Criteria), Chapter 20.492 (Grading, Erosion and Runoff), Chapter 20.500 (Hazard Areas), Chapter 20.504 (Visual Resource and Special Treatment Areas), Section 20.532.060 (Environmentally Sensitive Habitat Area—Supplemental Application Procedures), Section 20.532.065 (Wetland Restoration Plan Procedures), Section 20.532.070 (Geologic Hazards—Evaluation and Supplemental Application Information), Section 20.532.075 (Supplemental Information Related to Application for Natural Gas Pipeline), Section 20.532.080 (Supplemental Information Related to Onshore Oil and Gas Development), Section 20.532.090 (Supplemental Application Information for Sand Removal, Mining and Gravel

Extraction), Section 20.532.100 (Supplemental Findings) of Chapter 20.532 (Coastal Development Permit Regulations—General), except for part (A) — "Resource Protection Impact Findings," and Section 20.504.025(B) of Division II of this Title.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.696 - HOME OCCUPATIONS

It is the intent of this Chapter to provide for the accessory use within a dwelling unit, or an accessory building on the premises, for gainful employment by the owner or occupant, that involves the manufacture, provision, preparation, or other origination of goods and/or services for sale or other disposal. The accessory use must be clearly incidental and secondary to the residential use of the dwelling for residential purposes and must not change its character or have an adverse effect on the residential or rural nature of its surroundings. A home occupation use means that the owner, lessee, or other tenant who has a legal right to occupy or reside in the dwelling also has the right to conduct the home occupation without

securing a use permit. However, such use shall be subject to all applicable regulations of this Division, and to all other permits that may be required by the County Code under county code, such as including, but not limited to, a building permits and business licenses. It is the intent of this Chapter to provide for the accessory use of a dwelling unit or accessory building(s) on the same parcel as the dwelling for gainful employment involving the manufacture, provision, or sale of goods and/or services. The use must be conducted by the residents of the dwelling unit, be clearly incidental and secondary to the use of the premises for residential purposes, and must not change the character thereof or adversely affect the residential or community character of the property or its surroundings. A use permit is not required to conduct a Home Occupation; however, such use shall be subject to all applicable regulations of this Division, such as off-street parking, and to all other permits required under the County Code, such as building permits, business licenses and coastal development permits, where the use constitutes "development" as defined in Mendocino Town Zoning Code Section 20.608.023(E). A home occupation is a principal permitted use in any district where a dwelling exists.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.696.010 - Specific Standards.

Home occupations shall conform to the following standards.

(A)

No person other than members of the family residing on the premises shall be engaged in such occupation.

(B)

The home occupation shall be incidental and subordinate to the use of the dwelling unit for residential purposes and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used for such occupation. Use of an accessory building or garage for the purpose of conducting a home occupation shall be permitted.

(C)

There shall be no change, resulting from the home occupation, in the outside appearance of the building or premises, or other visible evidence of the conduct of such occupation other than one (1) sign not exceeding two (2) square feet, non-illuminated, and attached flat to the dwelling or visible through a window.

(D)

No merchandise (except articles or other material produced on the premises) shall be sold or displayed on the premises.

(E)

Not more than ten (10) customers or clients shall come to the dwelling unit for service or products during any one (1) day.

(F)

Home occupations shall not involve the use of heavy commercial vehicles for delivery of materials to or from the premises.

(G)

No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or a vocation.

(H)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, dust, odors, smoke or electrical interference, detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, accessory building, or outside the dwelling unit if conducted in a residence other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or if not in a single family residence, outside the unit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.696.015 - Examples of Uses that Frequently Qualify as Home Occupations.

The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this Chapter and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named in this paragraph (nor does this listing of a use in this section automatically qualify it as a home occupation):

(A)

Artists and sculptors.

(B)

Authors and composers.

(C)

Babysitters.

(D)

Beauticians and barbers, limited to one chair.

(E)

Dressmaking, seamstress and tailors.

(F)

Home crafts, such as model making, rug weaving, lapidary work or ceramics.

(G)

Repair or fix-it shop for items normally found in or around the home.

(H)

Office facility of an architect, attorney, broker, consultant, dance instructor, doctor, dentist, engineer, instructor in arts and crafts, insurance agent, land or marine surveyor, music instructor, real estate agent, tutor, bookkeeper or accountant.

(Ord. No. 3915 (part), adopted 1995.)

CHAPTER 20.700 - COTTAGE INDUSTRIES

It is the intent of this Chapter to provide for limited commercial and industrial uses, in conjunction with a dwelling, which are more extensive than home occupations, but which, like home occupations, do not alter or disturb the residential or rural nature of the premises or its surroundings. Such limited commercial and industrial uses are known as Cottage Industries. This Chapter is also intended to provide for home occupations in private garages and accessory buildings.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.700.010 - Permit.

(A)

Cottage Industries may be permitted upon issuance of a Minor Use Permit in the MMU Zoning District and a Major Use Permit in the MRR, MTR, MRM, or MSR Zoning Districts only.

(B)

Use Permits for Cottage Industries may be granted for an unlimited period of years, unless it is determined that a shorter period is more appropriate to insure conformance with the intent and standards of this Section or other applicable requirements.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.700.015 - General Standards.

(A)

The particular use(s) conducted by Cottage Industries, and their operation and appearance, shall not change or disturb the residential or community character of the premises or its surroundings.

(B)

Any Cottage Industry use shall have no significant adverse effect on coastal resources, the physical environment, the human environment, or on public access to and along the coast.

(C)

No significant additional service demands shall be created by the use.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.700.020 - Specific Standards.

Cottage Industries shall conform to the following requirements:

(A)

Not more than one (1) person who does not reside in the dwelling unit may be employed on the premises in addition to the members of the family residing in the dwelling unit.

(B)

Cottage Industries shall be a secondary use of a parcel containing a dwelling that is occupied as a principal residence of the owner or operator of the Cottage Industry. Multiple uses may be permitted within a Cottage Industry. Such industry or equipment and storage related thereto shall not be located within fifty (50) feet of any property line excluding buildings constructed prior to the certification by the Coastal Commission of the County of Mendocino Coastal Element of the General Plan on November 20, 1985.

(C)

No Cottage Industry permitted pursuant to this Chapter may occupy more than six hundred forty (640) square feet within any building or buildings, on one (1) parcel (lot).

(D)

One (1) sign not exceeding two (2) square feet, non-illuminated, and attached flat to the main structure or visible through a window.

(E)

No merchandise (except articles produced on the premises or those items necessary for repair work in the equipment repair services, consumer use types, and specialty shops) shall be sold or displayed on the premises.

(F)

Not more than ten (10) customers or clients shall come to the dwelling unit for service or products during any one (1) day. Not more than two (2) vehicles may be parked on the premises or a street adjacent to the Cottage Industries while awaiting or undergoing repair, or awaiting removal after repair.

(G)

No large vehicles and construction equipment (including but not limited to trucks of over one (1) ton gross weight rating, tractors, bulldozers, backhoes, skip-loaders, well-drilling rigs, cement mixers, rollers, welders, air compressors, forklifts, or graders) shall be operated, maintained, or parked in connection with Cottage Industries, except to the extent that such vehicles and equipment are of a type and number customarily used by residents of the surrounding neighborhood for their own agricultural or home use on their own property, and further provided that no Cottage Industries employing said vehicles or construction equipment shall be located in Historical Zone A.

(H)

Noise generation from within the Cottage Industries site shall not exceed sixty-five (65) dBA Ldn at the nearest off site residence.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.700.025 - Examples of Uses Permitted Upon Securing a Use Permit.

(A)

Any use listed in Section 20.696.015 which does not conform to the specific standards for a Home Occupation due to its location in a private garage or accessory building may be permitted as a Cottage Industries, subject to the provisions of this Division, only in the MMU, MSR, MTR, MRM, and MRR Zoning Districts.

(B)

Cottage Industries Use Types listed below are subject to the provisions of this Division, require a Major Use Permit, and may be permitted only in the MRR, MRM, MTR, or MSR Zoning Districts:

Administrative and Business Offices

Animal Sales and Services: Household Pets

Building Maintenance Services

Custom Manufacturing and Repairs

Food and Beverage Preparation: Without Consumption

Horticulture

Medical Services

Personal Services

Repair Services, Consumer

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.700.030 - Conflict Resolution.

Where a use described in this Chapter is permitted without the necessity of obtaining a use permit, the regulations within the Zoning District shall apply.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.704 - ACCESSORY USE REGULATIONS

Sec. 20.704.005 - Declaration.

It is the intent of this Chapter to establish the relation among the principal and accessory uses and the criteria for regulating accessory uses.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.704.010 - Accessory Uses Encompassed by Principal Use.

(A)

In addition to the principal uses expressly included in the zoning districts, each use type shall be deemed to include (1) accessory uses which are specifically identified by these Accessory Use Regulations, and (2)

such other accessory uses which are necessarily and customarily associated with, and are appropriate for, incidental to, and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses, and the relationship between the proposed accessory use and the principal use. Accessory uses shall not include manufacturing, processing, or transportation of flammable, combustible, explosive, toxic, or other hazardous materials. The determinations made by the Director shall be subject to the administrative appeal procedure established by Chapter 20.728.

(B)

An accessory structure, may be constructed prior to the construction of a dwelling on the premises. An accessory structure shall not be used for temporary or permanent occupancy as a residence, without compliance with Section 20.708.025(B) (Construction Support). Accessory uses and structures shall be subject to the provisions of Chapter 20.720 (Coastal Development Permit Regulations), as those regulations apply to the principal use to which they are accessory.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.704.015 - Residential and Agricultural Use Types.

Subject to the restrictions and limitations of this Chapter, including the granting of a Coastal Development Permit where applicable, the following accessory buildings and uses shall be permitted in all Zoning Districts which allow a single family residence:

(A)

Private Garages.

(B)

Children's playhouses, patios, porches, gazebos, and similar structures.

(C)

Windmills.

(D)

Shops (non-business purposes).

(E)

Barns.

(F)

Private swimming pools and hot tubs (not subject to setback requirements in the side or rear yards of any zoning district).

(G)

Accessory Living Unit. Not more than one (1) accessory living unit on each legal parcel (lot).

(H)

Day care home — Small Family, family care home, or school as provided for within the California Health and Safety Code.

(I)

Travel Trailer or Camper. Maintaining one (1) travel trailer or camper in dead storage, where it is not used for occupancy or business purposes, and only when authorized pursuant to Section 20.760.045. All stored

travel trailers or campers in excess of one (1) shall be stored out of sight from a public right-of-way. The connection, for any continuous period exceeding forty-eight (48) hours, of any utility or service such as electrical, water, gas, or sewage to the travel trailer or camper shall be prima facie evidence that it is being used for habitation or business purposes.

(J)

Home Occupations. Subject to Chapter 20.696.

(K)

Household Pets. The keeping of dogs and cats and other household pets, but not including kennels.

(L)

Accessory Parking. When authorized pursuant to Section 20.760.045, the following may be allowed:

(1)

The parking of one (1) large vehicle or construction equipment upon private real property forty thousand (40,000) square feet or fewer in size.

(2)

The parking of two (2) large vehicles or construction equipment upon private real property greater than forty thousand (40,000) square feet, but fewer than five (5) acres.

(3)

The parking of three (3) large vehicle or construction equipment upon private real property five (5) acres or larger.

(4)

Nothing in this subsection shall restrict the number of vehicles or construction equipment used by the property owner, lessee, or tenant for his or her own agricultural or home use.

As used in this subsection "large vehicle" shall mean any vehicle of three (3) ton tare (unladen weight).

(M)

Public Access Offer To Dedicate. The offer by an owner of private real property to dedicate, and the acceptance by the County, another public agency, or a non-profit organization of an easement, deed restriction, or other device for a public access way in the coastal zone consistent with the Mendocino Town Local Coastal Program, provided that construction of a public access trail or path, and construction of a staircase access way on a bluff face (as determined pursuant to Chapter 20.714) shall require a Coastal Development Permit.

(N)

Other Necessary and Customary Uses. Accessory non-residential uses and non-residential structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate for, incidental to, and subordinate to the principal use, as determined by the Director.

(O)

Day Care Home — Large Family. A home providing day care for children under eighteen (18) years of age, but excluding overnight care. The number of children permitted shall be based on provisions of the California Health and Safety Code. The facility shall be reviewed to assess impacts such as traffic and pedestrian safety, adequate sanitation facilities, Fire Safe standards, and neighborhood compatibility. Development of such facilities shall be permitted in all zoning districts, subject to a coastal development minor use permit.

Notice of a pending permit for such facility shall be provided per the California Health and Safety Code and conditions may be imposed to provide consistency with pertinent sections of this Division.

(P)

Second Residential Dwelling Unit with any primary family dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

Public Access Offer To Dedicate. The offer by an owner of private real property to dedicate, and the acceptance by the County, another public agency, or a non-profit organization of an easement, deed restriction, or other device for a public access way in the coastal zone consistent with the Mendocino Town Local Coastal Program, provided that construction of a public access trail or path, and construction of a

staircase access way on a bluff face (as determined pursuant to Chapter 20.714) shall require a Coastal Development Permit.

(B)

Accessory structures and uses necessarily and customarily associated with, and appropriate for, incidental to, and subordinate to the principal permitted civic or commercial uses on the parcel (lot) shall be permitted where these use types are permitted.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.708 - TEMPORARY USE REGULATIONS

The purpose of this Chapter is to establish standards and conditions for regulating temporary uses and temporary outdoor gatherings.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.708.010 - Identification of Permitted Temporary Uses.

The following temporary uses and associated development may be permitted as specified by these regulations:

(A)

Entertainment Events or Religious Assembly. The temporary gathering of people for a circus, carnival, concert, other musical performance, theatrical performance, lecture, art show, antique show, car show, or religious purposes.

(B)

Construction Support. Temporary buildings and structures, without a permanent foundation, supporting permitted residential development and/or major construction.

(C)

Uses in New Subdivisions. Temporary uses in new major or parcel subdivisions which support the sale of dwellings and lots within the same subdivision.

(D)

Use of a Trailer Coach. Temporary use of a trailer coach for purposes authorized pursuant to Section 20.708.030.

(E)

Family Care Unit. The temporary use of a building, structure, or trailer coach to provide housing for:

(a)

Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b)

An immediate family member or members who requires daily supervision and care, or

(c)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(F)

Film Production. The temporary use of a building, structure or property for the purposes of film production. If film production activities constitute development as defined by Section 20.608.023(E), a Coastal Development Permit shall be required.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

Temporary uses shall be subject to all regulations that apply to any use located in the same Zoning District, except as otherwise provided by these regulations. All temporary uses shall comply with Mendocino Town Zoning Code Chapter 20.760.

(B)

Temporary uses shall not create noise impacts to surrounding uses that exceed noise standards set out in the County's General Plan Development Element, Table 3-J, Exterior Noise Level Standards (Levels not to be Exceeded More than thirty (30) Minutes in an Hour) and Table 3-L, Maximum Acceptable Interior Noise Levels Created by Exterior Noise Sources.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.708.020 - Entertainment Events, Religious Assembly, Other Large Public Gatherings, or Other Temporary Events.

(A)

Purpose and Authority. The purpose of this Section is to identify the standards the Department of Planning and Building Services, under the direction of the Director, will use in determining whether a temporary event

is excluded from coastal development permit requirements.

(B)

Procedure. The organizer of a temporary event shall contact the Department of Planning and Building Services to allow the Director or his/her designee to review the project and determine if a coastal development permit is necessary, pursuant to the following regulations.

(C)

Criteria for Requiring a Coastal Development Permit. Except as described below, temporary events are excluded from coastal development permit requirements. The Director may determine that a temporary event is subject to coastal development permit review if the Director determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources and/or on public access to and along the shoreline, any beach, or the coastal bluff top area in public ownership seaward of Heeser Drive, Heeser Street, Main Street, or the Highway 1 right-of-way. Such circumstances consist of the following:

(1)

The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area, including, but not limited to, coastal waters, a beach, path, trail, upland recreational support facility, Mendocino Headlands State Park, for a significant period of time or during a peak use period of the public recreational area.

(2)

The event and its associated activities or access requirements may potentially have, either directly or indirectly, a significant adverse impact on environmentally sensitive habitat areas, rare or endangered species, significant public scenic resources, or other protected coastal resources, as defined in Subsection (D).

(3)

The event would restrict public use of parking areas to the extent that it would significantly impact public recreation areas or public access to coastal waters, along the shoreline, a beach, path, trail, upland recreational support facility, or Mendocino Headlands State Park.

(4)

The event has previously required a coastal development permit to avoid, otherwise mitigate, or monitor associated potentially significant impacts to coastal resources and/or public access to coastal waters, along the shoreline, a beach, path, trail, upland recreational support facility, or Mendocino Headlands State Park.

(D)

Definitions. For purposes of this Section, the following definitions shall apply.

(1)

"Temporary event(s)" means an activity or use that constitutes development as defined in Section 20.608.023 of the Mendocino Town Zoning Code; and is an activity or function of limited duration; and involves the placement of non-permanent structures; and/or involves exclusive use of a sandy beach, parkland, filled tidelands, coastal waters, street, road, highway, or parking area which is otherwise open and available for general public use;

(2)

"Limited duration" means a period of time which does not exceed a two (2) week period on a continual basis, or twenty (20) days on an annual basis.

(3)

"Non-permanent structures" include, but are not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, or platforms, which do not involve any grading or landform alteration, or a permanent foundation.

(4)

"Exclusive use" means a use that precludes use in the area of the event for public recreation, including, but not limited to public access to any beach, coastal bluff top, path, trail, steps, accessway, or access to coastal waters, other than for or through the event itself.

(5)

"Coastal resources" include, but are not limited to, public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.

(6)

"Sandy beach area" includes publicly owned and privately owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest.

(E)

Outdoor festivals are also regulated by Chapter 20.716 and by Chapter 6.16 of the Mendocino County Code.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.708.020 to read as set out herein. Previously § 20.708.020 was titled "Entertainment Events, Religious Assembly, Other Large Public Gatherings or Other Temporary Events."

Sec. 20.708.025 - Construction Support.

The temporary occupancy of buildings during the course of construction may be permitted upon the issuance of a Coastal Development Administrative Permit pursuant to Chapter 20.720.

(A)

Major Construction. Temporary buildings, in any zoning district, during permitted construction phase for the housing of tools, equipment, and supervisory offices provided such temporary buildings are located within or adjacent to the development or construction site to which they are incidental.

(B)

Minor Construction. Temporary use and occupancy of an existing dwelling while constructing a new residence.

(C)

Termination. All temporary uses permitted by this Section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.708.030 - Use of a Trailer Coach.

The temporary use of a trailer coach for the following purposes may be permitted upon issuance of a Coastal Development Administrative Permit (Chapter 20.720):

(A)

Real Estate Office. A temporary real estate office, when the trailer coach is located on a lot or parcel of land adjacent to the development to which such real estate office is incidental.

(B)

Mobile Financial Business Office. A temporary self-propelled, self-contained mobile financial business office.

(C)

Occupancy While Constructing a Dwelling. The installation, use, and occupancy of a trailer coach as a temporary dwelling by the owner of a lot or contiguous lot on which a dwelling is under construction, and for which a building permit has been issued. Such administrative permit may be issued for the period required to complete construction of the approved development, but not to exceed two (2) years, unless the permit is renewed prior to the end of that two (2) year period.

(D)

Temporary Caretaker Housing. The installation, use, and occupancy of a trailer coach as a temporary dwelling by a caretaker in association with a park, recreational facility, or similar use which is under private ownership but open for public use.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.708.035 - Family Care Unit.

The temporary use of a building, structure, or trailer coach, not to exceed one thousand (1,000) square feet in size, shall be allowed upon issuance of a Coastal Development Standard Permit, to provide housing for:

(a)

Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b)

An immediate family member or members who requires daily supervision and care, or

(c)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence subject to the following provisions:

(A)

Standard Permit. The temporary unit shall require:

(1)

Issuance of a Coastal Development Standard Permit, and

(2)

Annual renewal of such permit.

(B)

Statement. Prior to the granting of the permit or yearly renewal:

(1)

A statement must be submitted by the owner of the property and signed under penalty of perjury that the use of the "family care unit" is to provide housing for:

(a)

Not more than two (2) adult persons who are sixty (60) years of age or older, or

(b)

An immediate family member or members who require(s) daily supervision and care, or

(c)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence, and

(d)

That the family-care unit will not be used as a vacation home rental.

(C)

Termination. Should the use or necessity of the temporary family care unit cease, it must be removed from the premises or converted to an accessory structure as provided in Chapter 20.704. Should the occupants of the family care unit or the main residence move to another off-site residence, the permit for the family care unit shall become null and void.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.708.040 - Uses in New Subdivisions.

Upon the review and approval of a site plan by the Director, for a major subdivision or parcel subdivision for which a final map has been recorded, or in conjunction with approval of a multiple-dwelling development, and pursuant to the provisions of this Section, temporary uses as specified herein may be established solely for the marketing of dwellings and/or lots in that development.

(A)

Permitted Uses. The following temporary uses may be permitted in conformance with the following standards:

(1)

Model homes in a number not to exceed that necessary to provide one (1) example of each dwelling type being offered in the residential development. Reversed floor plans and exterior facade variations will not be considered as separate dwelling types. Each model home shall be erected on an individual site which conforms to a lot shown on the recorded map; meet all setback requirements of the applicable zone; and qualify in all respects for sale and residential occupancy upon termination of its use as a model home.

(2)

Real estate sales office facilities for the purpose of prompting the sale or rental of dwellings, lots, and/or mobile home spaces, which are located only within the same residential development or subdivision.

(3)

Off-street parking facilities.

(B)

Site Plan Review Criteria. No use authorized by this section shall be located, installed, or operated in a manner that will have a significant adverse effect on the use and enjoyment of any real property on which an occupied dwelling is located, or may be located during the duration of such authorized use.

(C)

Site Plan Content. The site plan shall contain such maps and drawings as are necessary to show the location of the above temporary uses and their relation to off-street parking, vehicular and pedestrian access, and the surrounding area.

(D)

Building Permits. Prior to the issuance of a building permit for any temporary use permitted pursuant to Subsection (A), the following conditions shall be met:

(1)

A parcel or final map has been recorded for the parcel subdivision or major subdivision.

(2)

The site plan must be submitted to and approved by the Director.

(3)

Necessary sanitary facilities must be provided, as required by the Director of Public Health.

(E)

Termination. All temporary uses permitted by this Section shall be terminated not later than twenty-four (24) months after issuance of building permits therefor, unless a written request for extension of time has been submitted to and approved by the Director prior to the expiration of said twenty-four (24) months. All temporary uses and related improvements other than model homes shall be completely removed from the premises and all model homes shall be restored to a condition suitable for sale for residential occupancy, including reconversion of any garage to a condition suitable for the storage of private vehicles or the provision by other means of required off-street parking spaces.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.712 - SIGN REGULATIONS

Sec. 20.712.005 - Intent.

The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare and to promote traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures. These standards are a regulation for both applicants and the Mendocino Historical Review Board (MHRB) members to encourage signs that are of a quality design, pleasing in appearance and appropriate in size, materials and illumination to the activity to which they pertain. Further, these regulations are intended to encourage signs which are compatible with the architectural style, characteristics and scale which are historically appropriate as well as being compatible with the building to which they are attached and adjacent buildings and businesses. It is intended that these regulations will enhance overall property values and the visual environment by discouraging signs which contribute to visual clutter such as offsite signs, oversized signs, neon signs and excessive temporary signing. It is intended that commercial signs be designed for the purpose of identifying a business in a functional and attractive manner rather than to serve as general advertising for the business.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.010 - Off-Site Signs.

Off-site signs, except for public safety, traffic directional, and public access signs within the Highway 1 or any public road or street right-of-way, shall be prohibited within the boundaries of the Town of Mendocino.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.015 - Sign Standards.

The following standards shall apply to all signs:

(A)

Signs attached to a building shall not extend above the eave, roof line, or parapet of the building. Signs mounted flush to a building are preferable, although signs perpendicular to a building may be permitted under special circumstances, as provided in Chapter 20.714.

(B)

Freestanding signs. Other than directory signs, signs shall not be more than six (6) feet in height. Wherever feasible, directory signs should be located on the inland side of any highway, road, street, or alley to avoid intruding into public views from such highway, road, street, or alley to and along the sea or shoreline.

(C)

All signs for visitor accommodations shall be on the site of the visitor-serving facility.

(D)

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

(E)

Only one (1) sign per business shall be allowed when one (1) sign will suffice. A two (2) sided sign, identifying the same business(es), will be considered one (1) sign. More than one (1) sign may be allowed when the business has more than one (1) entrance accessible to the public. No individual sign (freestanding or attached) may exceed six (6) square feet and the total of all freestanding and attached signs shall not exceed twelve (12) square feet per site. The number and size of rectory signs, window signs, open/closed signs, and menu boards are regulated in Chapter 20.760.

(F)

The use of a directory sign is recommended for buildings containing more than one (1) business and using one (1) or more common entrance(s) or a common address. In addition, where a business is located on a lot (parcel) with frontage on two (2) streets, roads, or Highway 1, the business shall be allowed to be a part of a directory sign.

(1)

Maximum height: Eighty (80) inches above natural grade, unless the directory sign is parallel to the road, when the maximum height shall be eight (8) feet above natural grade.

(2)

Maximum width: Thirty-six (36) inches.

(3)

Maximum size of the individual business sign within the directory: Two hundred sixteen (216) square inches.

(G)

Size, design and location of signs shall be in harmony with the building and surrounding buildings and shall not detract from the Historic District.

(H)

Signs shall not adversely affect public views of the bay and landmark structures from public view areas.

(I)

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. Neon lighting is prohibited.

(J)

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

(K)

The total permissible sign area for each home occupation and cottage industry shall be two (2) square feet.

(L)

All signs, including indoor commercial self-contained lighted signs visible from a walkway normally used by the public, are subject to the review and approval of the Mendocino Historic Review Board as provided in Chapter 20.760. The Mendocino Historical Review Board may grant an exception to sign standards provided that the granting of the exception is not contrary to the public good and does not detrimentally affect the historical character of the Town.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.020 - Temporary Signs.

The following temporary signs are permitted:

(A)

One (1) temporary real estate sign, not exceeding three (3) 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 the sale or lease of the property.

(B)

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.

(C)

Political signs pertaining to a scheduled election shall be permitted, provided that they shall be removed within fifteen (15) days after election day.

(D)

Temporary signs that identify a special event for a non-profit organization or a school and that are visible for less than twenty-two (22) continuous days, are exempt from the Coastal Development Permit process as set forth in this Division.

(Ord. No. 3915 (part), adopted 1995.)

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.025 - Exceptions.

(A)

The following signs are exempted from the requirements of this Chapter:

(1)

Directional, warning, or informational signs required or authorized by law, which are erected by federal, state, county or public officials.

(2)

Official notices issued by a court, other public agency, or public official, and posted in the performance of a public duty.

(3)

Danger signs, signs of public utility companies indicating dangerous conditions, and aids to service or safety.

(4)

House numbers and historical markers not exceeding one (1) square foot, i.e., "Blair House 1880", provided that a house or building number sign, that is visible from each adjacent street, alley, road, or highway, shall be affixed to each exterior wall that fronts on a street, alley, road, or highway.

(5)

Window signs located within a structure, provided the total sign area does not exceed twenty-five (25) percent of the window area.

(B)

Pursuant to Section 30610(b) of the California Public Resources Code and Title 14, California Code of Regulations, Section 13253, no coastal development permit is required for the improvement of an existing structure with a sign or signs, which are directly attached to the existing structure, provided that the structure being improved with a sign is not located (1) on a beach; or (2) in a wetland, stream, or lake; in an area designated as highly scenic in a certified land use plan; or within fifty (50) feet of the edge of a coastal bluff. Further provided that the sign improvement (3) does not include removal or placement of vegetation, on a beach, on a sand dune, in a wetland, in a stream; within one hundred (100) feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area. Further provided that (4) any sign improvement that is located (a) between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or (b) in a significant scenic resource area designated by the Coastal Commission or former North Coast Regional Coastal Commission; would not constitute an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b); and/or increase the height of the existing structure by more than ten (10) percent. Further provided that the sign is not an improvement to a structure (5) where the coastal development permit issued for the original structure by the Coastal Commission, North Coast Regional Commission, or the County indicated that any future improvements would require a coastal development permit, (6) which changes the intensity of use of the structure, or (7) made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion, or motel/hotel timesharing conversion. See Section 20.720.020.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.030 - Nonconforming Signs.

A nonconforming sign is a sign lawfully erected, established, and maintained prior to the effective date of this Chapter, but one (1) that does not conform to:

(1)

The use regulations and/or standards of height, setback, sign area, or number for the Zoning District in which the sign is located, or

(2)

The regulations of this Division.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.035 - Nonconforming Sign Continuation.

(A)

All nonconforming signs shall be allowed to continue for not longer than five (5) years after the effective date of this Division. All nonconforming signs must be removed at the end of the five (5) year period, or the owner must apply for and obtain MHRB approval that the sign conforms to the regulations of the Mendocino Historical District Preservation Ordinance.

(B)

This section shall not apply to any signs for which the owner has previously obtained a MHRB permit.

(C)

If a directory panel is 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 of the sign, or 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, or shall be ordered removed.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.712.040 - 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

Signs which have been abandoned due to a closing of a business, a change in business name, or for any other reason that renders the sign not applicable to the real property involved, shall be removed by (1) the permit holder, or (2) the owner of the building or premises, within ninety (90) days after the date of the action or inaction that caused the sign to be considered abandoned. A condition of approval for all signs shall be that the permit holder or owner of the building or premises, at his/her own expense, remove all abandoned signs. An abandoned sign may be removed by the County after the ninety (90) day period, and the permit holder or owner may be charged for the cost of removal. New signs, for a building or real

property on which an abandoned sign is located, shall not be approved until the abandoned sign has been removed. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected.

(B)

Prior to removal of a sign by the County, the Board of Supervisors shall hold a hearing to determine when that sign was abandoned. Thirty (30) days' written notice of the hearing shall be sent by certified mail to the permit holder at his/her last known address, and to any other address at which there is reason to believe he/she might receive mail, and to the owner at his/her address, as shown on the records of the County Assessor's office. The notice shall also state:

(1)

A general description of the sign;

(2)

That upon a finding of abandonment, the sign shall be held by the County for thirty (30) days and then disposed of by sale, if determined to be of a value of one hundred dollars ($100.00) or more, or disposed of in any manner if worth less than one hundred dollars ($100.00);

(3)

Where the sign may be reclaimed;

(4)

That the reasonable costs of removal may be assessed at the hearing along with an administrative charge;

(5)

That the hearing and assessments can be avoided by the removal of the sign or display case within fourteen (14) days after the date of the notice.

(C)

The Board of Supervisors shall determine the reasonable cost to the County of removing the sign and if an administrative charge should be assessed. Administrative costs shall be one hundred dollars ($100.00) unless otherwise determined by resolution of the Board of Supervisors. Sales shall be carried out pursuant to California Civil Code, Section 1988. Proceeds shall be first applied to pay assessed costs, administrative costs and other costs reasonably incurred.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.713 - OUTDOOR DISPLAYS OF MERCHANDISE

Sec. 20.713.005 - Intent.

The purpose of this Chapter is to promote the public health, welfare, and safety by restricting outdoor displays and sale of merchandise. Outdoor displays of merchandise can reduce property values, detract from the aesthetic appearance of the physical community, cause clutter and garishness, and adversely affect this historic community. This Chapter is intended to protect real property values, create a more attractive economic and business climate, protect and enhance the aesthetic appearance of the special community of the Town of Mendocino, preserve the scenic and natural beauty of the coastal area, and protect the aesthetic qualities which contribute to Town community character.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.713.010 - Outdoor Display and Sale of Merchandise Restrictions.

The display of merchandise in an outdoor setting shall be permitted subject to the following restrictions:

(1)

No more than two (2) items or products are displayed outside the commercial building.

(2)

The items or products are within fifteen (15) feet of the commercial building.

(3)

The items or products do not impede pedestrian traffic on a private walkway.

(4)

The items or products are not displayed during non-business hours.

(5)

The items or products are not located on public property.

(6)

No mannequins shall be permitted.

The term "displayed in an outdoor setting" refers to merchandise displayed for public viewing upon a balcony, patio, terrace, walkway, parking area, lawn, garden or any other place which is unenclosed.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.713.015 - Nonconforming Outdoor Display of Merchandise.

A nonconforming outdoor display of merchandise may be legally continued for the time allowed by this Chapter provided that the display was lawfully erected, established and maintained prior to November 28, 1994.

(Ord. No. 3915 (part), adopted 1995.)

Sec. 20.713.020 - Reserved.

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed § 20.713.020 in its entirety. Former § 20.713.020 pertained to "Nonconforming Outdoor Display of Merchandise—Continuation," and was derived from Ord. No. 3915 (part), adopted 1995.

Sec. 20.713.025 - 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. 3915 (part), adopted 1995.)

CHAPTER 20.714 - CIRCULATION AND PARKING

Sec. 20.714.005 - Purpose.

The County shall provide for traffic, bicycle, and pedestrian safety within the Town, consistent with historic preservation. The County shall analyze the need for, and install where warranted and consistent with the Capital Improvement Program, additional traffic control measures, including but not limited to signage, speed controls, marked cross-walks, and new sidewalks or paths to enhance the walking environment of the Town.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.010 - Parking Requirements.

Permitted development shall provide off-street parking consistent with the requirements of the applicable Zoning District, or demonstrate compliance with an alternative provision of parking that meets the applicable standards over the economic life of the development.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.015 - Methods of Compliance.

(a)

Permitted development may meet the parking requirements through project design, recorded off-site parking agreements with third parties, or participation in an in-lieu fee parking program.

(b)

Where no off-street parking is feasible in otherwise permitted development, the development applicant shall pay an in-lieu fee to the County, or to an entity acceptable to the County, provided that such fees:

(1)

Shall be proportionate to the cost of parking construction and maintenance, and

(2)

Shall be used solely in the Town of Mendocino for street and public parking improvements within existing public street rights-of-way or on other publicly owned land.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.020 - Avoidance of Adverse Impacts.

On-site parking ingress and egress shall not have a significant adverse impact on the historical character of the Town, including, but not limited to, through elimination of on-street parking spaces. Off-street parking shall be designed to: (1) minimize its visibility from public areas, either by locating parking behind buildings or by providing adequate landscape screening; and (2) minimize its interruption of the pedestrian's use of the sidewalk through minimizing the scale and placement of driveways to off-street parking, especially when parking can be accessed from alleys or secondary streets. Where such measures are infeasible or would conflict with public view protection requirements of the Town LCP, other feasible screening shall be required.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.025 - Bicycle Parking.

Bicycle parking shall be incorporated in:

(a)

The Main Street restoration and enhancement project;

(b)

Any Mendocino Headlands State Park facilities planning and the 1976 Mendocino Headlands State Park General Plan; and

(c)

All new commercial development with one thousand (1,000) square feet or more of floor area.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.030 - Avoidance of Impermeable Surfaces and Compaction.

All new parking areas shall minimize impermeable surfacing and soil compaction, and shall use permeable ADA-compliant paving material wherever feasible.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.035 - Off-site Parking Requirements.

Where the Mendocino Unified School District is able to accommodate overflow parking on School District property, and where the California Department of Parks and Recreation is able to accommodate, as feasible, overflow parking on Mendocino Headlands State Park adjacent to Main Street, Heeser Street, and Heeser Drive west of its intersection with Heeser Street:

(a)

Such additional parking shall utilize semi-pervious pavers or similar materials that comply with the requirements of the Americans with Disabilities Act, as amended, and

(b)

A public agency participant in providing such parking may receive or collect in-lieu fee parking payments for use solely to provide, enhance, operate, and maintain it.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.040 - Implementation.

(a)

The existing (2015) supply of on-street parking spaces on each block in the Town shall be maintained by limiting, as feasible, the number and width of access points to private off-street parking and by discouraging exclusive use of on-street parking spaces by adjoining private property owners.

(b)

As part of the implementation of the Public Access Component in the Main Street, Ukiah Street, and Little Lake Street rights-of-way, the County shall consider placing restrictions on parking by commercial trucks with a weight in excess of two (2) tons, beyond the reasonable time required for loading and unloading in the performance of a service to or on the block in which the vehicle is engaged.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.714.045 - Improvement and Maintenance of Existing and New Parking.

Improvement and maintenance of existing and new parking spaces shall include, but not be limited to, new pavement or repavement with permeable paving materials that comply with the requirements of the

Americans with Disabilities Act, as amended, delineation of parking spaces, provision of wheel stops to protect existing walking paths, and associated sustainable storm water management.

(Ord. No. 4395, § 2, 11-17-2017)