Chapter 20.716 — NONCONFORMING USES AND STRUCTURES

To allow for the continued utilization of lawfully existing improvements and any uses made nonconforming by the adoption of the Mendocino Town Plan (Chapter 4.13 of the Coastal Element of the Mendocino County General Plan) and this Division, where the use is compatible with adjacent land uses and where it is not feasible to replace the use or activity with a conforming land use. Development that occurred after the effective date of the Coastal Act or its predecessor, the Coastal Zone Conservation Act, if applicable, that was not authorized in a coastal permit or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development, is not subject to the provisions of Chapter 20.716 but is subject to the provisions of Chapter 20.720. (Coastal Development Permit Regulations).

(A)

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

(B)

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

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.010 - Continuance and Maintenance.

(A)

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

(1)

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

(2)

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

(3)

Nonconforming uses shall not be expanded nor intensified.

(B)

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

(1)

However, replacement of fifty (50) percent or more of the nonconforming structure is not repair and maintenance but instead constitutes a replacement structure that must be brought into conformance with the policies and standards of the LCP.

(2)

Improvements which enlarge and/or expand a legal nonconforming structure, including additions, may be authorized, provided that the additions and/or improvements themselves comply with the current policies and standards of the LCP. However, improvements involving demolition and/or replacement of fifty (50) percent or more of the existing structure, are not permitted unless the entire structure is brought into conformance with all applicable LCP policies.

(C)

Public gatherings or outdoor festivals that have historically and repeatedly taken place in a permanent structure or on existing facilities within the Town are not subject to the license requirements contained in Chapter 6.16 of the Mendocino County Code.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.015 - Remodeling, Rehabilitation and Reconstruction.

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

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.020 - Restoration of Damaged Structures.

(A)

Whenever a structure containing an existing legal nonconforming use or legal nonconforming structure is destroyed or partially destroyed, either voluntarily or involuntarily, if the structure receives all necessary

permits, the structure may be:

(1)

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

(2)

Rebuilt or reconstructed under the State Historic Building Code or the Uniform Building Code, if the structure was over one hundred (100) years old on the date it was destroyed.

(3)

If a nonconforming use or structure is destroyed by natural disaster, no coastal development permit is required if replacement occurs consistent with Section 20.720.020(A(5).

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

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.030 - Discontinuation or Relocation of Nonconforming Uses.

Nonconforming uses which do not conform to the type(s) of uses that are permitted or conditionally permitted in the land use classifications designated on the Mendocino Town Plan Land Use Map should be encouraged to be discontinued or relocated to the zoning district where the use would be recognized as a permitted use.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.035 - Previous Use Permits in Effect.

Any use in existence by virtue of a use permit issued pursuant to zoning regulations that were in effect prior to January 1, 2016, which use under this Division as amended is not permissible, may continue in existence but only as regulated by the provisions and terms of the existing use permit.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.040 - Abandonment of Nonconforming Uses.

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

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.716.045 - Nuisances.

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

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

CHAPTER 20.717 - WATER QUALITY PROTECTION

Sec. 20.717.005 - Purpose and Intent.

(A)

The purpose of this Chapter is to protect and enhance coastal waters and groundwater recharge within the Town of Mendocino in accordance with the policies of the County's Local Coastal Plan. This Chapter includes application submittal requirements, development standards, and other measures that are intended to help ensure that permitted development will be sited, designed, and managed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, minimize post-development changes in stormwater runoff flows, and protect the overall quality of coastal waters and groundwater resources.

(B)

This Chapter is intended to be used in conjunction with Chapter 20.492, Grading, Erosion and Runoff, of Mendocino County Coastal Zoning Code Division II. Where the standards or provisions overlap or conflict, the resolution that is on balance most protective of coastal resources shall apply.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.717.010 - Applicability.

(A)

The provisions of this Chapter shall apply to all development in the Town of Mendocino that is subject to discretionary planning approval. Discretionary planning approvals include, but are not limited to, a coastal development permit or a Mendocino Historical Review Board permit (for new construction or addition).

(B)

Development that requires a coastal development permit and has the potential for adverse water quality or hydrologic (i.e., due to changes in runoff flows) impacts to coastal waters shall in most cases require both a construction-phase plan and one (1) of two (2) types of post-development plans for water quality protection.

(1)

Construction Pollution Prevention Plan (CPPP). All permit applications for development that entails construction shall include a site-specific Construction Pollution Prevention Plan that describes the

temporary BMPs the development will implement to minimize erosion and sedimentation during construction, and to minimize pollution of runoff and coastal waters by construction chemicals and materials. The CPPP's development requirements are described in Section 20.717.020(B), and the application submittal requirements in Section 20.717.025(B).

(2)

Post-Development Runoff Plan (PDRP). All permit applications for development that has the potential for adverse post-development water quality or hydrologic impacts to coastal waters shall include a PostDevelopment Runoff Plan that describes the Site Design strategies, pollutant Source Control BMPs, and other measures the development will implement to minimize stormwater pollution and changes in runoff flows from the site after development is completed. If the development entails activities or changes in land use other than construction as defined in 20.717.015(B), including subdivision or re-division of land, the scope of the plan may be reduced accordingly. The PDRP's development requirements are described in Section 20.717.020(B), and the application submittal requirements in section 20.717.025(C).

(3)

Water Quality Mitigation Plan (WQMP). A Water Quality Mitigation Plan shall be required for Developments of Water Quality Concern (see 20.717.010(B).3.a—m, below), which are specified categories of development that have a greater potential for adverse water quality and hydrologic impacts due to the development size, type of land use, and/or proximity to coastal waters. The WQMP shall be prepared by a qualified licensed professional, and shall describe the long-term post-development measures the development will implement, in addition to the requirements of the Post-Development Runoff Plan, to protect coastal resources after the development is completed. The WQMP shall include a polluted runoff and hydrologic site characterization, a design storm standard for sizing BMPs, use of a Low Impact Development (LID) approach to retain the design storm runoff on-site, and documentation of the expected effectiveness of proposed BMPs. Additional plan components that may be required include an alternatives analysis, and a description of the Treatment Control and/or Runoff Control BMPs the development will implement to minimize post-development changes in the stormwater runoff flow regime and postconstruction polluted runoff from the development project site. The WQMP's development requirements are described in section 20.717.020(C), and the application submittal requirements in 20.717.025(D).

Developments of Water Quality Concern shall include the following categories:

(a)

Residential. Residential development that creates and/or replaces five (5) or more dwelling units.

(b)

Hillside. Hillside development on a slope greater than fifteen (15) percent, on a site with erodible soil.

(c)

Seventy-five (75) percent or more of site will be impervious surface area. Development where seventy-five (75) percent or more of the site's surface area will be impervious surfaces.

(d)

Create and/or replace ten thousand (10,000) square feet or more impervious surface area. Development that creates and/or replaces a cumulative site total of ten thousand (10,000) square feet or more of impervious surface area.

(e)

Parking lot. Development of a parking lot that creates and/or replaces a cumulative site total of five thousand (5,000) square feet or more of impervious surface area that may potentially contribute to stormwater runoff.

(f)

Vehicle service facility. Development of a vehicle service facility, including a retail gasoline outlet, commercial car wash, or vehicle repair facility.

(g)

Street, road, or highway facility. Development of a street, road, or highway facility that creates and/or replaces a cumulative site total of five thousand (5,000) square feet or more of impervious surface area.

(h)

Restaurant. Development of a restaurant that creates and/or replaces a cumulative site total of five thousand (5,000) square feet or more of impervious surface area.

(i)

Outdoor storage area. Development of a commercial or industrial outdoor storage area that creates and/or replaces a cumulative site total of five thousand (5,000) square feet or more of impervious surface area, or as determined by the County based on the use of the storage area, where used for storage of materials that may potentially contribute pollutants to coastal waters or the storm drain system.

(j)

Commercial or industrial development generating a high pollutant load. Commercial or industrial development with a potential for generating a high pollutant load that may potentially enter coastal waters or the storm drain system.

(k)

Contaminated soil. Development on land where the soil has been contaminated by a previous land use, and where the contaminated soil has the potential to be eroded or to release the contaminants into runoff.

(l)

Near or discharges directly to coastal waters. Development that creates and/or replaces a cumulative site total of two thousand five hundred (2,500) square feet or more of impervious surface area, if the development is located within one hundred (100) feet of coastal waters (including the ocean, estuaries,

wetlands, rivers, streams, and lakes) or discharges directly to coastal waters (i.e., does not discharge to a public storm drain system).

(m)

Other. Any other development determined by the Planning Director to be a Development of Water Quality Concern.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.717.015 - Definitions.

(A)

"Best Management Practices" (BMPs) means stormwater management practices, including structural devices and systems, siting criteria, operational practices, and procedural practices to preventor reduce nonpoint source pollution and/or adverse changes in stormwater runoff flows resulting from development.

(B)

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

(C)

"Design Storm" means the runoff produced by the 85[th ] percentile twenty-four (24) hour storm event at the Town (i.e., 0.88 inches) for volume-based BMPs, or the 85[th ] percentile 1-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs (i.e., 0.20 inches).

(D)

"Discretionary permit" means any coastal development permit, or any action on a development application by the Mendocino Historical Review Board in Historic Zone A or Historic Zone B as depicted on Town Plan Figure 4.13-2.

(E)

"Hydromodification" means adverse changes in waterbodies associated with modification of the hydrologic balance (i.e., precipitation, surface runoff, infiltration, surface-water storage, groundwater storage, evaporation, and transpiration) resulting from development.

(F)

"Impervious Surface" means a structure, surface covering, or pavement of a developed parcel or lot that prevents the land's natural ability to absorb and infiltrate rainfall or stormwater runoff. Impervious surfaces include, but are not limited to, roof-tops, walkways, patios, driveways, parking lots, paved storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering. Pavements that are designed and maintained to be permeable, including pavers with pervious openings or joints, so

that runoff infiltrates into a subsurface recharge bed and the underlying soil, if feasible, do not constitute impervious surfaces.

(G)

"Low Impact Development" (LID) means a sustainable approach to stormwater management that benefits water supply and contributes to water quality protection. LID emphasizes preventive site design strategies, integrated with small-scale, distributed stormwater management practices to preserve or replicate the natural hydrologic balance through infiltration, evapotranspiration, harvesting for later on-site use, detention, or retention of runoff close to its source. By reducing runoff, LID also reduces the transport of pollutants from the site.

(H)

"Runoff Control BMP" means a structural system designed to minimize post-development changes in runoff flow characteristics by processes such as infiltration, evapotranspiration, harvesting for later on-site use, detention, or retention of runoff. Examples include retention structures such as basins, ponds, topographic depressions, and stormwater vaults.

(I)

"Self-retaining Area" (also called a "zero discharge area") means an area that is capable of retaining the volume of stormwater runoff produced by the design storm, using a ratio of two (2) to one (1) contributing impervious area to pervious area. Examples include graded depressions with landscaping, pervious pavement, a natural or horticultural grassland, or other landscaped area. Specific requirements for design measures for self-retaining areas are found in the Mendocino County LID Manual.

(J)

"Site Design Strategies for Runoff Management" means project and site planning approaches that integrate existing site characteristics that affect runoff (such as topography, drainage patterns, vegetation, soil conditions, natural hydrologic features, and infiltration conditions) into the design of strategies aimed at preventing or reducing adverse impacts of stormwater pollutants of concern and changes in the runoff flow regime (i.e., flow rate, volume, timing, and duration) on coastal and groundwater water quality, coastal resources, and beneficial uses. Site Design strategies include, for example, minimizing impervious surfaces, maintaining or enhancing on-site infiltration, preserving existing vegetation, protecting natural hydrologic features, maximizing setbacks from sensitive resources, and avoiding construction on steep slopes with erodible soils. Additional site design measures and techniques are listed in the Mendocino County LID Manual.

(K)

"Source Control Best Management Practice (BMP)" means a land use or site planning practice, including structural and operational measures, that aims to prevent runoff pollution by reducing the potential for contact between pollutants and runoff at the source of pollution. Source control BMPs are aimed at minimizing the transport of pollutants in both stormwater and urban dry weather runoff. Source control measures include, for example, covering outdoor storage areas, using efficient irrigation, proper application

and clean-up of potentially harmful chemicals and fertilizers, following spill prevention plans, and proper disposal of waste. Additional source control measures are listed in the Mendocino County LID Manual.

(L)

"Developments of Water Quality Concern" means certain categories of development, specified in section 20.717.010 (B)(3)(a)—(m), that have a greater potential for adverse impacts to water quality and hydrology, due to the extent of impervious surface area, type of land use, and/or proximity to coastal waters. Applicants for a Coastal Development Permit for a Development of Water Quality Concern are required to submit a Water Quality Mitigation Plan and comply with additional long-term post-development requirements to protect coastal resources.

(M)

"Treatment Control BMP" means any structural system, method, or technique designed to remove pollutants and/or solids from polluted stormwater or non-stormwater runoff by processes such as gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or other physical, biological, or chemical process. Examples include vegetated swales, detention basins, and storm drain inlet filters.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.717.020 - Water Quality Protection Requirements.

(A)

Requirements of Construction Pollution Prevention Plan. The Construction Pollution Prevention Plan (CPPP) shall describe the temporary BMPs the development will implement to minimize erosion and sedimentation during construction, and to minimize pollution of runoff and coastal waters by construction chemicals and materials. The level of detail provided to address the plan's requirements shall be commensurate with the type and scale of the development, and the potential for adverse water quality and hydrologic impacts to coastal waters. The CPPP shall demonstrate that the development complies with the following requirements:

(1)

Minimize Erosion, Pollutant Discharge, and Non-Stormwater Runoff. During construction, development shall minimize erosion, the discharge of sediment and other pollutants, and non-stormwater runoff resulting from construction activities, through the use of temporary BMPs. Development shall implement the following types of construction-phase BMPs, as applicable to the project:

(a)

Erosion and Sediment Control BMPs. BMPs to minimize soil erosion and the discharge of sediment off-site or to coastal waters, including:

i.

Erosion control BMPs to prevent soil from being eroded by water or wind (such as mulch, soil binders, blankets or mats, or temporary seeding).

ii.

Sediment control BMPs to trap and remove eroded sediment (such as fiber rolls, silt fences, straw bales, and sediment basins).

iii.

Tracking control BMPs to prevent vehicles leaving the construction area from tracking sediment off-site (such as a stabilized construction exit, and street sweeping).

(b)

Pollutant Control BMPs. BMPs to minimize the discharge of other pollutants resulting from construction activities (such as chemicals, vehicle fluids, petroleum products, asphalt and cement compounds, trash, and debris) off-site or to coastal waters, including:

i.

Materials management and waste management BMPs to minimize the discharge of pollutants from staging, storage, and disposal of construction chemicals and materials (such as stockpile management practices, and a debris disposal plan).

ii.

Site management "good housekeeping" BMPs to minimize the discharge of pollutants from construction activities (such as maintaining an inventory of chemicals used on site, and having a written plan for the clean-up of spills and leaks).

(c)

Non-Stormwater Runoff Control BMPs. BMPs to retain, infiltrate, or treat non-stormwater runoff resulting from construction activities (such as a concrete washout facility, dewatering tank, or dedicated vehicle wash area), to minimize the discharge of polluted runoff.

(2)

Stabilize Soil as Soon as Feasible. Soil stabilization BMPs (such as mulching, soil binders, erosion control blankets, or temporary seeding) shall be implemented on graded or disturbed areas as soon as feasible during construction, where there is a potential for soil erosion to lead to discharge of sediment off-site or to coastal waters.

(3)

Minimize Land Disturbance and Soil Compaction. Development shall minimize land disturbance during construction (e.g., clearing, grading, and cut-and-fill) and shall phase grading activities, to avoid increased erosion and sedimentation. Development shall minimize soil compaction due to construction activities, to retain the natural stormwater infiltration capacity of the soil.

(4)

Minimize Damage or Removal of Vegetation. Development shall minimize the damage or removal of noninvasive vegetation (including trees, native vegetation, and root structures) during construction, to achieve water quality benefits such as transpiration, vegetative interception, pollutant uptake, shading of waterways, and erosion control.

(5)

Use Designated Fueling and Maintenance Areas. Conduct fueling and maintenance of construction equipment and vehicles off-site, if feasible. Any fueling and maintenance of mobile equipment conducted on-site shall take place at a designated area located at least fifty (50) feet from coastal waters, drainage courses, and storm drain inlets, if feasible (unless these inlets are blocked to protect against fuel spills). The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills.

(6)

Avoid Plastic Netting in Temporary Erosion and Sediment Control Products. Development shall avoid the use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting (such as polypropylene, nylon, polyethylene, polyester, or other synthetic fibers), in order to minimize wildlife entanglement and plastic debris pollution.

(7)

Use Additional BMPs for Construction Over, In, or Adjacent to Coastal Waters. Development shall implement additional BMPs for construction taking place over, in, or adjacent to coastal waters (including wetlands), if there is a potential for construction chemicals or materials to enter coastal waters. BMPs shall include, where applicable:

(a)

Tarps to Capture Debris and Spills. Use tarps or other devices to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters.

(b)

BMPS for Use of Preservative-Treated Wood in Aquatic Environments. If preservative-treated wood is used, implement appropriate BMPs that meet industry standards for selection, storage, and construction practices for use of preservative-treated wood in aquatic environments. At a minimum, implement the standards identified by the Western Wood Preservers Institute, et al. in: Treated Wood in Aquatic Environments: A Specification and Environmental Guide to Selecting, Installing and Managing Wood Preservation Systems in Aquatic and Wetland Environments (2012, or current revision thereof).

(c)

Non-Petroleum Hydraulic Fluids. Use non-petroleum hydraulic fluids in principal heavy equipment operated for one (1) week or longer over, in, or adjacent to coastal waters (including wetlands and intertidal areas), if leaks or spills of hydraulic fluid from this equipment cannot be contained and could potentially enter coastal waters.

(8)

Avoid Grading During the Rainy Season. Development shall avoid grading during the rainy season (from October 15[th ] through May 15[th ] ), unless the Planning Director determines one (1) of the following:

(a)

Extension. If the Director grants an extension for a specific length of time, based on an inspection of the site, and a determination that conditions at the project site are suitable for continued work with appropriate erosion and sedimentation control measures that will be maintained during the activity; or

(b)

Emergency. If the Director allows grading under emergency conditions, and BMPs to protect coastal resources are implemented where feasible.

(9)

Manage Construction-Phase BMPs. Appropriate protocols shall be implemented to manage constructionphase BMPs (including installation, ongoing operation, inspection, maintenance, and training), to protect coastal water quality.

(10)

Use an Appropriate BMP Guidance Manual. The selection of BMPs for the Construction Pollution Prevention Plan shall be guided by the current edition of the California Stormwater Quality Association (CASQA) Construction BMP Handbook, or by the current edition of a BMP manual that has been designed to address local or regional runoff conditions and has been approved by the North Coast Regional Water Quality Control Board.

(B)

Requirements of Post-Development Runoff Plan. The Post-Development Runoff Plan (PDRP) shall describe the runoff management Site Design strategies, pollutant Source Control BMPs, and other measures the development will implement to minimize stormwater pollution and changes in runoff flows from the site after development is completed, in order to protect and, where feasible, restore the quality of coastal waters. The level of detail provided to address the plan's requirements shall be commensurate with the type and scale of the project, and the potential for adverse water quality and hydrologic impacts to coastal waters. The PDRP shall demonstrate that the development complies with the following requirements:

(1)

Address Runoff Management Early in Site Design Planning. All development shall address runoff management early in site design planning and alternatives analysis, and shall implement appropriate and

feasible site design strategies for runoff management.

Site design strategies for runoff management are project design and site layout techniques that integrate existing site characteristics that affect runoff (such as topography, drainage patterns, vegetation, soil conditions, natural hydrologic features, and infiltration conditions) into the design of strategies to minimize post-development changes in the runoff flow regime, control pollutant sources, and where necessary remove pollutants.

nt are project design and site layout techniques that integrate existing site characteristics that affect runoff (such as topography, drainage patterns, vegetation, soil conditions, natural hydrologic features, and infiltration conditions) into the design of strategies to minimize post-development changes in the runoff flow regime, control pollutant sources, and where necessary remove pollutants.

Applicants shall implement LID site design strategies and Best Management Practices (BMPs)to minimize post-development changes in stormwater runoff flows, and minimize post- development polluted runoff, to the extent appropriate and feasible. Site design BMPs may reduce the need for Treatment Control and Runoff Control BMPs, and thus shall be integrated into the project design at the earliest planning stage, prior to the integration of Treatment Control and Runoff Control BMPs.

(2)

Give Precedence to a Low Impact Development Approach to Stormwater Management. All development shall give precedence to the use of a Low Impact Development (LID) approach to stormwater management, to preserve the natural hydrologic functions of the site and minimize post-development changes in the site's runoff flow regime. LID emphasizes preventive site design strategies, integrated with small-scale, distributed BMPs that replicate the site's pre-development hydrologic balance through infiltration, evapotranspiration, harvesting for later on-site use, detention, or retention of stormwater close to the source.

In implementing an LID approach, priority shall be given to the use of LID site design strategies (such as reducing impervious surface area) to minimize post-development changes in the site's stormwater flow regime, supplemented by the use of structural LID BMPs (such as a bioretention system) if needed to mitigate any unavoidable changes in runoff flows. Use of LID site design strategies can reduce the volume of stormwater runoff generated, and thus reduce the need for and size of structural LID BMPs required.

LID Site Design Strategies and BMPs include, but are not limited to, the following:

(a)

Protect and Restore Natural Hydrologic Features. Site and design development to protect and, where feasible, restore the site's natural hydrologic features and drainage patterns that provide stormwater infiltration, treatment, storage, or conveyance. Examples include:

i.

Preserve natural drainage patterns, drainage swales, groundwater recharge areas, floodplains, and topographical depressions that can provide storage of small storm volumes.

ii.

Preserve natural stream corridors, rivers, and wetlands, and establish appropriate setback and buffer areas.

(b)

Preserve or Enhance Vegetation. Site and design development to preserve or enhance non-invasive vegetation, in order to achieve water quality benefits such as transpiration, interception of rainfall, pollutant uptake, shading of waterways to maintain water temperature, and erosion control. Examples include:

i.

Minimize removal of natural non-invasive vegetation.

ii.

Plant non-invasive trees, shrubs, and herbaceous vegetation, preferentially native plants.

iii.

Plant and preserve healthy established trees that include both evergreens and deciduous species, as applicable.

iv.

Preserve vegetation that exists or is established to protect a stream, river, lake, reservoir, or coastal area.

(c)

Maintain or Enhance On-Site Infiltration. Site and design development to maintain or enhance on-site infiltration of runoff, where appropriate and feasible, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flows, retain dry-weather runoff on-site, and minimize transport of pollutants. Examples include:

i.

Locate new development to preserve infiltration capacity at the site and/or in other areas of the Town that are capable of receiving additional infiltration.

ii.

Concentrate development on portions of the site with less permeable soils, and preserve areas that can promote infiltration.

iii.

Minimize unnecessary soil compaction, which can greatly reduce the infiltrative capacity of soils.

iv.

Maintain or improve soil quality through soil amendments and enhancement of the microbial community, to enhance the soil's infiltration and pollutant removal capacity.

v.

Install an infiltration/evapotranspiration BMP such as a bioretention system, vegetated swale, or rain garden.

(d)

Minimize Impervious Surface Area. Site and design development to minimize overall impervious coverage of the site, by minimizing the installation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), in order to reduce runoff. Where feasible, increase the area of pervious surfaces in re-development. Examples include:

i.

Downsize impervious coverage by minimizing the footprint of buildings and impervious pavement (such as a shorter driveway, narrower road, or smaller parking lot).

ii.

Where pavement is required, install a permeable pavement system (e.g., interlocking concrete pavers, porous asphalt, permeable concrete, or reinforced grass or gravel), where appropriate and feasible. Design permeable pavements so that runoff infiltrates into a subsurface recharge bed and the underlying soil, if feasible, thereby reducing the runoff from a site, filtering pollutants, and enhancing groundwater recharge.

(e)

Disconnect Impervious Surface Areas from Storm Drain System. Site and design development to minimize directly-connected impervious areas, which are areas covered by a building, impermeable pavement, or other impervious surfaces that drain directly into the storm drain system without first flowing across permeable areas (such as vegetative landscaping). Convey runoff from impervious surfaces into permeable areas in a non-erosive manner. Examples include:

i.

Direct roof-top runoff into self-retaining areas, such as permeable landscaped areas, instead of to the storm drain system.

ii.

Direct runoff from impervious pavement into distributed permeable areas such as turf, recreational areas, medians, parking islands, and planter boxes.

iii.

Design curbs, berms, and similar structures to avoid isolation of vegetative landscaping and other permeable areas, and allow runoff to flow from impervious pavement to permeable areas for infiltration.

iv.

Install an infiltration BMP such as a vegetated swale or filter strip to intercept runoff sheet flow from impervious surfaces.

v.

Install a rainwater harvesting BMP, such as a rain barrel or cistern, to capture and store runoff from rooftops for later use in on-site irrigation.

(f)

Protect Natural Landforms: Development shall define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed.

(g)

Participate in the Town Stormwater Drainage Management System. Development shall participate in the Town stormwater drainage management system, when it is established by the County, the Mendocino City Community Services District, or others, in consultation with Town residents, business owners, State Parks, and other stakeholders.

(3)

Use Alternative BMPs Where On-Site Infiltration is Not Appropriate. If on-site infiltration of runoff may potentially result in adverse impacts (including, but not limited to, geologic instability, flooding, or pollution of coastal waters), the development shall substitute alternative BMPs that do not involve on-site infiltration, to minimize changes in the runoff flow regime to the extent appropriate and feasible. Alternative BMPs shall also be used where infiltration BMPs are not adequate to treat a specific pollutant of concern attributed to the development, or where infiltration practices would conflict with regulations protecting groundwater. Examples of alternatives to infiltration BMPs include:

(a)

Install a Green Roof or Flow-through Planter. Install a vegetated "green roof" (e.g., roof-top garden) or flowthrough planter box that does not infiltrate runoff into the ground, and instead uses evapotranspiration to reduce runoff.

(b)

Install Rainwater Harvesting System. Install a rainwater harvesting system (such as a rain barrel or cistern) to capture and store roof-top runoff for later on-site use of non-potable water that drains to the sanitary sewer or storm drain system (such as flushing toilets).

(c)

Direct Runoff to Off-site Infiltration Facility. Direct runoff from the development to an off- site regional infiltration facility.

(d)

Direct Runoff to Storm Drain System. If appropriate and feasible BMPs have been implemented to reduce runoff volume, velocity, and flow rates, direct runoff to the storm drain system.

(4)

Use Source Control BMPs. All development shall implement appropriate and feasible long-term, postdevelopment pollutant Source Control BMPs to minimize the transport of pollutants in runoff from the development.

Source Control BMPs are structural features or operational practices that control pollutant sources and keep pollutants segregated from runoff. Examples include covering outdoor storage areas, using efficient irrigation, proper application and clean-up of potentially harmful chemicals and fertilizers, and proper disposal of waste.

(5)

Address Runoff from Impervious and Semi-Pervious Surfaces. Runoff from all new and/or replaced impervious and semi-pervious surfaces shall be addressed in the plan. For sites where the area of new and/or replaced impervious and semi-pervious surfaces is greater than or equal to fifty (50) percent of the pre-existing impervious and semi-pervious surfaces, runoff from the entire developed area, including the pre-existing surfaces, shall be addressed in the plan.

(6)

Prevent Adverse Impacts to Environmentally Sensitive Habitat Areas from Runoff. In areas in or adjacent to an Environmentally Sensitive Habitat Area (ESHA), development shall be sited and designed to protect the ESHA from any significant disruption of habitat values resulting from the discharge of stormwater or dry weather flows.

(7)

Minimize Discharges of Dry Weather Runoff to Coastal Waters. Development shall be planned, sited, and designed to minimize discharges of dry weather runoff to coastal waters, to the maximum extent feasible. Examples include:

(a)

Use Efficient Irrigation. Use efficient irrigation techniques that minimize off-site runoff.

(b)

Design Vehicle Washing Areas to Minimize Runoff. Design vehicle washing areas so that wash water is conveyed to an infiltration system, recycling system, or sanitary sewer system, to minimize off-site runoff.

(8)

Minimize Adverse Impacts of Discharges from Stormwater Outfalls. Development shall be planned, sited, and designed to avoid the adverse impacts of discharging concentrated flows of stormwater or dry weather runoff through stormwater outfalls to coastal waters, intertidal areas, beaches, bluffs, or stream banks. Development shall comply with the following requirements:

(a)

Avoid Construction of New Stormwater Outfalls. Avoid construction of new stormwater outfalls, and direct stormwater to existing facilities with appropriate treatment and filtration, where feasible.

(b)

Minimize Adverse Impacts to Coastal Resources from Unavoidable Stormwater Outfalls. Where new development or redevelopment of a stormwater outfall that discharges directly to coastal waters, intertidal areas, beaches, bluffs, or stream banks cannot be avoided, plan, site, design, and manage outfalls to minimize adverse impacts to coastal resources. To minimize adverse impacts, development shall:

i.

Consolidate existing and new stormwater outfalls, where appropriate.

ii.

Implement design and management features to minimize discharges of dry weather runoff through stormwater outfalls.

iii.

Implement design and management features to minimize adverse impacts to coastal resources resulting from discharges of stormwater or dry weather runoff through stormwater outfalls.

(9)

Prevent Erosion at Stormwater Outlets. Protective measures shall be used to prevent erosion at stormwater outlets (including outlets of pipes, drains, culverts, ditches, swales, or channels), if the discharge velocity will be sufficient to potentially cause erosion from concentrated runoff flows. The type of measures selected for outlet erosion prevention shall be prioritized in the following order, depending on the characteristics of the site and the discharge velocity:

(a)

Use Vegetative Bioengineered Measures. Vegetative bioengineered measures for outlet protection (such as plant wattles) shall be given preference, rather than hardened structures, where site conditions are favorable for these measures to be feasible and effective. Where plant wattles are not feasible, other bioengineered measures (such as rock and plant pole cuttings) shall be considered for outlet erosion prevention.

(b)

Use Hardened Structure Consisting of Loose Material. Where a vegetative bioengineered measure is not feasible or effective, a hardened structure consisting of loose material (such as a rip-rap apron or rock slope protection) shall be considered for outlet erosion prevention.

(c)

Use Fixed Energy Dissipation Structure. Where none of the above measures would be feasible or effective, a fixed energy dissipation structure (such as a concrete apron, grouted rip-rap, or baffles) designed to

handle the range of flows exiting the outlet shall be used for outlet erosion prevention. It is anticipated that larger outlets will require a fixed energy dissipation structure.

(10)

Manage BMPs for the Life of the Development. Appropriate protocols shall be implemented to manage post-development BMPs (including ongoing operation, maintenance, inspection, and training) in all development, to protect coastal water quality for the life of the development.

(11)

Use an Appropriate BMP Guidance Manual. The current edition of the Mendocino County Low Impact Development (LID) Manual shall be used for selecting and sizing of BMPs for the Post-Development Runoff Plan. The selection of BMPs may also be guided by the current edition of the California Stormwater Quality Association (CASQA) New Development and Redevelopment BMP Handbook

(https://www.casqa.org/resources/bmp-handbooks/new-development-redevelopment-bmp-handbook), or by the current edition of a BMP manual that has been designed to address local or regional runoff conditions and has been approved by the North Coast Regional Water Quality Control Board.

(C)

Requirements of Water Quality Mitigation Plan (WQMP). Developments of Water Quality Concern shall be designed using site design measures, Source Control BMPs, LID BMPs, and Treatment Control BMPs (when additional pollutant removal is required). Where required, Runoff Control BMPs shall be designed, installed, and maintained to retain runoff from the applicable design storm on-site, to minimize postdevelopment changes in runoff volume, flow rate, timing, and duration. Incorporating these measures into the project design will help to minimize the amount of pollution and runoff leaving the site, resulting in the overall objective of coastal water and ground water quality protection, and coastal resource protection.

The WQMP shall demonstrate that a Development of Water Quality Concern complies with the following requirements:

(1)

Prepare Plan by a Qualified Licensed Professional. A California-licensed professional (e.g., Registered Professional Civil Engineer, Geotechnical Engineer, Geologist, Engineering Geologist, Hydrogeologist, or Landscape Architect) qualified to complete this work shall be in responsible charge of preparing the Water Quality and Hydrology Plan for a Development of Water Quality Concern.

(2)

Conduct a Polluted Runoff and Hydrologic Site Characterization. A polluted runoff and hydrologic characterization of the existing site (e.g., potential pollutants in runoff, soil properties, infiltration rates, depth to groundwater, and the location and extent of hardpan and confining layers) shall be conducted, as necessary to design the proposed BMPs.

(3)

Address Runoff from Impervious and Semi-Pervious Surfaces. Runoff from all new and/or replaced impervious and semi-pervious surfaces shall be addressed in the plan. For sites where the area of new and/or replaced impervious and semi-pervious surfaces is greater than or equal to fifty (50) percent of the pre-existing impervious and semi-pervious surfaces, runoff from the entire developed area, including the pre-existing surfaces, shall be addressed in the plan.

(4)

Size LID, Runoff Control, and Treatment Control BMPs Using the 85[th ] Percentile Design Storm Standard. Any LID, Runoff Control, or Treatment Control BMP (or suite of BMPs) implemented to comply with WQMP requirements shall be sized, designed, and managed to infiltrate, retain, or treat, at a minimum, the stormwater runoff produced by the 85[th ] percentile twenty-four (24) hour design storm event at the Town for volume-based BMPs, or two (2) times the 85[th ] percentile one (1) hour design storm event for flow-based BMPs. The standards and specifications for Regulated Projects found within the current edition of the Mendocino County Low Impact Development (LID) Manual

(http://www.co.mendocino.ca.us/planning/pdf/MC_Lid_Manuel_2015.pdf) shall be used for guidance in designing BMPs.

(5)

Use an LID Approach to Retain the Design Storm Runoff Volume On-Site. The development shall implement an LID approach to stormwater management that will retain on-site (by means of infiltration, evapotranspiration, or harvesting for later on-site use) the runoff volume produced by the 85[th ] percentile twenty-four (24) hour design storm (see 20.717.020 (C)(4)), to the extent appropriate and feasible.

(6)

Conduct an Alternatives Analysis if the Design Storm Runoff Volume Will Not be Retained On-Site Using an LID Approach. If the proposed development will not retain on-site the runoff volume produced by the 85[th] percentile twenty-four (24) hour design storm (see 20.717.020 (C)(4)), using an LID approach, an alternatives analysis shall be conducted. The alternatives analysis shall demonstrate that:

(a)

There are No Feasible Alternative Project Designs. Demonstrate that there are no appropriate and feasible alternative project designs (such as a reduced project footprint) that would enable on-site retention of the runoff volume produced by the 85[th ] percentile twenty-four (24) hour design storm, giving precedence to an LID approach.

(b)

On-Site Runoff Retention is Maximized. Demonstrate that on-site runoff retention is maximized to the extent appropriate and feasible, giving precedence to an LID approach.

(c)

Feasibility of Off-Site Runoff Retention is Considered. If 20.717.020 (C)(6)(a) and (b), above, are demonstrated, some or all of the runoff volume produced by the 85[th ] percentile twenty-four (24) hour design storm may be retained off-site, if it is demonstrated that off-site options will feasibly contribute to meeting the development's runoff retention and treatment requirements.

(7)

Use Treatment Control BMPs to Remove Pollutants if Necessary. Treatment Control BMPs shall be implemented, if needed, to remove a specific pollutant of concern attributed to the development. Treatment Control BMPs shall treat runoff prior to conveyance off-site.

Treatment Control BMPs are structural systems designed to remove pollutants from runoff by processes such as gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or other physical, biological, or chemical process. Examples of these BMPs include vegetated swales, detention basins, bioretention facilities, and storm drain or trench drain inlet filters.

Combinations of structural and operational BMPs, with monitoring and reporting to assure BMP functionality over the economic life of the proposed development, may be required to avoid significant adverse coastal water quality and hydrologic impacts from stormwater runoff.

The following applicability and performance standards shall be required for Treatment Control BMPs:

(a)

Use Treatment Control BMPs to Remove Pollutants from any Design Storm Runoff Not Retained On-Site. The development shall implement a Treatment Control BMP (or suite of BMPs) to remove pollutants of concern from any portion of the runoff produced by the 85[th ] percentile twenty-four (24) hour design storm (see 20.717.020 (C)(4)) that is not retained on-site using an LID or comparable approach.

(b)

Use Treatment Control BMPs Prior to Infiltration Where Necessary and Effective. Where infiltration BMPs are not adequate to remove a specific pollutant of concern attributed to the development, an effective Treatment Control BMP (or suite of BMPs) shall be required prior to infiltration of runoff, or else an alternative BMP that does not involve infiltration shall be substituted for the infiltration BMP.

(c)

Select Treatment Control BMPs Effective for Pollutants of Concern. Where a Treatment Control BMP is required, a BMP (or suite of BMPs) shall be selected that has been shown to be effective in reducing the pollutants of concern generated by the proposed land use.

(d)

Implement Site Design and Source Control BMPs First. Site design measures and Source Control BMPs shall be implemented, as applicable, to reduce runoff and reduce pollutant loads, prior to designing and implementing Treatment Control BMPs.

(e)

Give Preference to Bioretention Facilities. Bioretention facilities (designed using the specifications found in the Mendocino County LID Manual) shall be used to treat, infiltrate, or evapotranspire the runoff produced by the 85[th ] percentile, twenty-four (24) hour design storm, as a preference to directing stormwater runoff to existing stormwater outfalls.

(f)

Size Flow-Through BMPs Properly. Flow-through BMPs shall be designed to treat two (2) times the runoff produced by the 85[th ] percentile one (1) hour storm event.

(8)

Runoff Control BMPs. Runoff Control BMPs shall be implemented, if needed, when site design measures and LID BMPs are not adequate to minimize adverse post-development changes in runoff volumes, flow rate, timing, and duration, which may adversely impact coastal waters, habitat, and real property through hydromodification.

Runoff Control BMPs are structural systems designed to minimize post-development changes in runoff flow characteristics using processes such as infiltration, evapotranspiration, harvesting for later on-site use, detention, or retention of runoff. Examples include retention structures such as basins, ponds, topographic depressions, and stormwater vaults.

(a)

Runoff Control BMPs Using Flow Retention Techniques. A proposed development that will add a net total of fifteen thousand (15,000) square feet or more of impervious surface area shall implement a Runoff Control BMP that uses Flow Retention techniques to capture and retain any portion of the runoff volume produced by the 85[th ] percentile, twenty-four (24) hour design storm (see 20.717.020 (C)(4)) that will not be retained on-site using an LID approach. LID has proven to be an effective approach to stormwater management in other parts of the country, and is seen in California as the preferred alternative to conventional stormwater management. Flow Retention techniques shall optimize on-site infiltration, and shall use stormwater storage, harvesting for later on-site use, and/or evapotranspiration to address any of the required runoff flow retention volume that cannot be infiltrated.

(b)

Runoff Control BMPs Using Peak Management Techniques. In addition to using Flow Retention techniques, a proposed development that will add a net total of twenty-two thousand five hundred (22,500) sq. ft. or more of impervious surface area shall also implement a Runoff Control BMP that uses Peak Management Techniques to prevent the volume of post-development runoff peak flows discharged from the site from exceeding pre-project peak flow volumes for the two (2) year through ten (10) year recurrence storm events at the Town of Mendocino (or its reference rain measurement location).

(9)

Use Appropriate BMPs For High-Pollutant Land Uses. Commercial and industrial developments with a potential for a high concentration of pollutants (including, but not limited to, outdoor work and storage areas, restaurants, roads and highways, parking lots, and vehicle service facilities) shall implement

appropriate Site Design and Source Control BMPs to keep pollutants out of stormwater, and shall either use Treatment Control BMPs to remove pollutants of concern before discharging runoff to coastal waters or the storm drain system, or shall connect the pollutant-generating area to the sanitary sewer.

(a)

Source Control BMPs for Specific Land Uses:

i.

Outdoor Materials Storage. In outdoor areas used for storage of materials that may contribute pollutants (e.g., debris, sediment, and chemicals) to the stormwater conveyance system, these materials shall be placed in an enclosure (e.g., cabinet or shed) that prevents contact of the pollutants with runoff, and prevents spillage to the stormwater conveyance system; alternatively, the materials shall be protected by secondary containment structures such as berms, dikes, or curbs. Also, the storage area shall be graded to prevent run-on or run-off and sufficiently impervious to contain leaks and spills, and shall have a roof or awning to minimize collection of stormwater within the secondary containment area.

ii.

Outdoor Solid Waste Storage Areas. Solid waste and recycling receptacle areas shall be designed to divert runoff drainage from adjoining roofs and pavements away from the receptacle. The solid waste and recycling container shall be screened or walled to prevent off-site transport of trash, including transport by wind. Solid waste and recycling receptacles shall also be covered when not in use, and during storm events.

iii.

Large Commercial/Industrial Developments. In large commercial developments, the following shall be required: loading dock areas shall be covered, or else designed to minimize run-on and runoff of stormwater drainage; direct connections to storm drains from depressed loading docks (e.g., truck wells) shall be prohibited; repair/maintenance bays shall be indoors, or else designed to not allow stormwater run-on or contact with stormwater runoff; the drainage system for a repair/maintenance bay shall capture all wash water, leaks, and spills, and shall connect to a sump for collection and disposal; direct connection of the sump to the storm drain system shall be prohibited. If proposed as a necessary component in a development, require an area for washing/steam cleaning of vehicles and or equipment to be selfcontained and/or covered, is equipped with a clarifier or other pre-treatment facility, and is properly connected to a sanitary sewer or other appropriately-permitted disposal facility.

iv.

Food Service. An area for the washing/steam cleaning of equipment and accessories that is self-contained, equipped with a grease trap, and properly connected to a sanitary sewer is required, unless an alternative equivalent is approved by the Mendocino County Department of Environmental Health. If the washing/steam cleaning area is located outdoors, the area shall be covered, paved, have secondary containment, and be connected to the sanitary sewer or other appropriately-permitted disposal facility.

v.

Fuel Dispensing Areas. For a petroleum products service station or other land use uses with on-site fueling system stations, the following shall be required: the fuel dispensing area shall be covered with an overhanging roof structure or canopy with minimum dimensions, if feasible, equal to or greater than the area within the grade break. Such canopy shall not drain onto the fuel dispensing area, and the canopy downspouts must be routed to prevent drainage across the fueling area; the fuel dispensing area must be paved with Portland cement concrete or equivalent smooth impervious surface; use of asphalt concrete shall be prohibited.

vi.

Vehicle Repair and Maintenance Shops. For vehicle repair and maintenance shops, the following shall be required: repair/maintenance bays shall be indoors, or designed to not allow stormwater run-on or contact with stormwater runoff; the drainage system for a repair/maintenance bay shall capture all wash water, leaks, and spills, and connect to a sump for collection and disposal; direct connection to the storm drain system shall be prohibited; an area for washing/steam cleaning of vehicles and equipment shall be required, and the area shall be self-contained and/or covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer or other appropriately-permitted disposal facility; loading dock areas shall be covered, or else designed to minimize run-on and runoff of stormwater drainage; direct connections to storm drains from depressed loading docks (e.g., truck wells) shall be prohibited.

vii.

Repair and Maintenance Bays. For repair and maintenance bays, the following shall be required: repair and maintenance bays must be indoors, or else designed to not allow stormwater run-on or contact with stormwater runoff; repair and maintenance bays shall be designed to capture all wash water, leaks, and spills. All bay drains shall be connected to a sump for collection and disposal. A direct connection of the bays to the storm drain system is prohibited.

viii.

Vehicle and Equipment Wash Areas. For vehicle and equipment wash areas, the following shall be required: the area for washing/steam cleaning of vehicles and equipment is required to be self-contained and/or covered, and equipped with a clarifier or; the area shall be properly connected to a sanitary sewer or other appropriately-permitted disposal facility; commercial vehicle washing in areas without specially designed wash areas is prohibited.

Additional examples of Source Control BMPs can be found in the California Stormwater Quality Association Stormwater Best Management Practice Handbook for New and Redevelopment (https://www.casqa.org/resources/bmp-handbooks/new-development-redevelopment-bmp-handbook) and in the Mendocino County LID Manual.

(10)

Design and Manage Parking Lots to Minimize Polluted Runoff. A parking lot over five thousand (5,000) square feet in area shall be designed to minimize impervious surfaces, and the parking lot runoff shall be treated and/or infiltrated before it discharges to coastal waters or the storm drain system, so that heavy

metals, oil and grease, and polycyclic aromatic hydrocarbon pollutants on parking lot surfaces will not enter coastal waters. Parking lot design and management shall include:

(a)

Parking Lot Landscaping. The design of landscaped areas for parking lots shall consider, and may, where appropriate, be required to include provisions for the on-site detention, retention, and/or infiltration of stormwater runoff, in order to reduce and slow runoff, and provide pollutant cleansing and groundwater recharge. Where landscaped areas are designed for detention, retention, and/or infiltration of stormwater runoff from the parking lot, recessed landscaped catchments (below the elevation of the pavement) shall be required. Curb cuts shall be placed in curbs bordering landscaped areas, or else curbs shall not be installed, in order to allow stormwater runoff to flow from the parking lot into landscaped areas. All surface parking areas shall be provided a permeable buffer between the parking area and adjoining streets and properties.

(b)

Parking Lot Vacuuming. Accumulations of particulates that may potentially be contaminated by oil, grease, or other pollutants shall be removed from heavily used parking lots (e.g., fast food outlets, lots with twentyfive (25) or more parking spaces, sports event parking lots, shopping malls, grocery stores, and discount warehouse stores) by dry vacuuming or equivalent techniques.

(c)

Filter Maintenance. Filter treatment systems, particularly for hydrocarbon removal BMPs, shall be adequately maintained.

(11)

Manage BMPs for the Life of the Development. Appropriate protocols shall be implemented to manage BMPs (including ongoing operation, maintenance, inspection, and staff training), to protect coastal water quality for the life of the development.

(a)

Operation and Maintenance Plan for All BMPs. All post-development BMP's shall be inspected, cleaned, and repaired when necessary prior to September 30[th ] of each year; additional inspections should occur after storms as needed throughout the rainy season. Owners, heirs, and assigns of parcels (lots) with BMPs shall be responsible for ensuring that all BMPs continue to function as intended for the economic life of the development. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season. The Planning Director, or his/her designee who reviews the required postdevelopment plans for a proposed development project shall determine if the development's postdevelopment BMPs require monitoring to maintain their effectiveness, and shall specifically require such a monitoring program be included in the project development application before it may be deemed complete for filing and processing. The template for operation and maintenance plans in the current version of the Mendocino County LID Manual shall be used to detail such plans for each required BMP.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.717.025 - Application Submittal Requirements.

(A)

Information about Existing Project Site Conditions. In addition to the required content for each water quality protection plan specified in sections 20.717.025 (B)—(D), below, the following information about the existing project site conditions shall be submitted, if applicable to the project, to enable evaluation of the project's potential water quality and hydrologic impacts:

(1)

Location Map. A location map, drawn to scale, showing the location of the development, and the distance from the development to the nearest coastal waters and other natural hydrologic features.

(2)

Description of Existing Project Site Conditions. A site plan that illustrates and describes the following existing project site conditions:

(a)

Topography and Drainage. General site topography and drainage, including natural hydrologic features that may provide stormwater infiltration, treatment, storage, or conveyance (such as groundwater recharge areas, stream corridors, floodplains, and wetlands), and any existing structural stormwater conveyances or BMPs.

(b)

Nearby Coastal Waters and ESHA. Location of coastal waters and Environmentally Sensitive Habitat Areas (ESHA) within two hundred (200) feet of the project site, indicating whether site runoff drains to these areas.

(c)

Discharges to Impaired Waters or ASBS. Whether runoff discharges to receiving waters listed for water quality impairment on the most recent Clean Water Act Section 303(d) list, or to an Area of Special Biological Significance (ASBS).

(d)

Structures and Pavement. Existing structures, impervious surface areas, permeable pavements, utilities, and vegetated areas. An accompanying table shall quantify the extent of such areas.

(e)

Potential Contamination. Any previous land use on the site with a potential for a historic source of contamination, and any known soil or water contamination.

(B)

Construction Pollution Prevention Plan Application Requirements:

(1)

Submittal of Construction Pollution Prevention Plan (CPPP). An applicant shall submit a preliminary CPPP (based on site conditions and project features known at the time of application) with the CDP application, and shall submit a final CPPP for approval prior to construction. The information provided to address the plan's requirements may be submitted as a stand-alone document, or incorporated into the CDP application materials. Any changes to the final CPPP after issuance of the Coastal Development Permit shall be subject to additional authorization by the Planning Director.

To comply with the California State Water Resources Control Board (SWRCB) stormwater permit requirements, an applicant proposing certain size or types of development, including industrial facilities, may be required to develop and implement a Stormwater Pollution Prevention Plan (SWPPP) that addresses construction activities. Applicants submitting a SWPPP to meet SWRCB requirements shall also submit a CPPP to meet the Town's requirements for review of a Coastal Development Permit application. Applicable information provided in the SWPPP may also be included as part of the CPPP.

(2)

Content of Construction Pollution Prevention Plan (CPPP). To comply with the CPPP requirements listed in 20.717.020 (A), above, the CPPP shall include a construction site map and a narrative description addressing, at a minimum, the following required components, if they are applicable to the development. The level of detail provided to address the plan's requirements shall be commensurate with the type and scale of the project, and the potential for adverse water quality or hydrologic impacts to coastal waters.

(a)

Construction Site Plan Map. A map delineating the construction site, construction phasing boundaries, and the location of all temporary construction-phase BMPs (such as silt fences, inlet protection, and sediment basins).

(b)

Construction Phasing Schedule. A construction phasing schedule, with a description and timeline of significant land disturbance activities.

(c)

Description of BMPs to be Implemented to Meet All CPPP Requirements. A description of the BMPs that will be implemented to meet all the CPPP requirements listed in section 20.717.020 (A), above, and how these BMPs will minimize pollution of runoff and coastal waters. Include calculations that demonstrate proper sizing of the BMPs. The CPPP shall contain a site-specific erosion control plan that includes controls on grading (i.e., timing and amounts); BMPs for staging, storage, and disposal of construction materials; design specifications for BMPs such as sedimentation basins, and landscaping or revegetation of graded or disturbed areas; and specific measures for protecting any Environmentally Sensitive Habitat Areas (ESHAs) on the project site or on an adjacent (contiguous) parcel or lot against potential project erosion or sedimentation effects.

(d)

Construction-Phase BMP Management Plan. A description and schedule for the management of all construction-phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and staff training) as needed to ensure protection of coastal resources. Identify any temporary BMPs that will be converted to permanent post-development BMPs.

(C)

Post-Development Runoff Plan Application Requirements:

(1)

Submittal of Post-Development Runoff Plan (PDRP). An applicant shall submit a preliminary PDRP (based on site conditions and project features known at the time of application) with the Coastal Development Permit application, and shall submit a final PDRP prior to issuance of the Coastal Development Permit.

(2)

Content of Post-Development Runoff Plan (PDRP). The PDRP shall include a site plan, site design measures, source control BMPs and, if necessary treatment control and baseline hydromodification BMPs. Post-development plans detailing how stormwater and polluted runoff will be managed or mitigated shall be included, as applicable, in the design of all projects that require a Coastal Development Permit or approval by the Mendocino Historic Review Board. At the earliest stage, post-development site design measures, including the Town stormwater management system after it is adopted and approved consistent with applicable County, State, and Federal standards, shall be considered and integrated into all required development project design plans. Required development project applications shall include relevant details identifying how the project will use applicable treatment control BMPs and baseline hydromodification BMPs, designed, installed, and maintained for the 85[th ] percentile, twenty-four (24) hour storm event (for volume-based BMPs) or the 85[th ] percentile, one (1) hour storm event (with a safety factor of two (2) or more, for flow-through BMPs), to minimize the project's adverse effects on water quality and runoff flow regime to the extent feasible. The following information shall be included in the submitted design plans (for which the Storm Water Control Plan methodology of the Mendocino County LID Manual constitutes guidance), if applicable to the development. The level of detail provided to address the plan's requirements shall be commensurate with the type and scale of the project, and the potential for adverse water quality or hydrologic impacts to coastal waters.

(a)

PDRP Site Plan. A site plan that shows post-development structural BMP's, stormwater conveyances and discharges, structures, pavements, and utilities, with contour intervals appropriate to identify postdevelopment topography, finished grades, and drainage patterns;

(b)

Conformance with Town Stormwater Management System. A description of how the development will be planned, sited, and designed to conform to the Town stormwater management system, including, but not limited to, through avoidance of adverse impacts of discharging concentrated flows of stormwater or dry

weather runoff through stormwater outfalls to coastal waters, intertidal areas, beaches, bluffs, or stream banks;

(c)

Description of BMPs to be Implemented to Meet All PDRP Requirements. A description of the BMPs that will be implemented to meet all the PDRP requirements listed in 20.717.020 (B), above, and how these BMPs will minimize stormwater pollution and post-development changes in runoff flows from the development. Include a schedule for installation or implementation of all post-development BMPs. The PDRP shall include a site-specific polluted runoff control plan that demonstrates how runoff will be (a) diverted from impermeable surfaces into permeable areas of the property in a non-erosive manner, or otherwise contained and disposed of consistent with this Chapter, and/or (b)(1) filtered and, as feasible, infiltrated either prior to conveyance off-site, or (2) filtered, and retained for later on-site use, consistent with applicable County and State stormwater quality protection and beneficial use standards. The PDRP shall also include specific source control measures, both structural and operational, designed and implemented to minimize polluted runoff;

(d)

Description of Low Impact Development Approach to Stormwater Management to be Implemented. A description of the Low Impact Development (LID) approach to stormwater management (see 20.717.020 (B) (2), above) that will be implemented, or a justification if an LID approach is not selected;

(e)

Source Control BMPs. Source Control BMPs that will be implemented to minimize polluted stormwater runoff;

(f)

Identification Pollutants Potentially Generated. Identification of pollutants potentially generated by the proposed development that could be transported off the site by runoff;

(g)

Site Design Measures. Site design measures that will be implemented to maximize the feasible retention, on-site use, and infiltration of post-development stormwater runoff. Include methods to accommodate onsite infiltration, revegetation of disturbed portions of the site, address on-site and/or off-site impacts, and construction of any necessary improvements; drainage improvements designed to retain and/or treat 85[th] percentile design storm; and, as applicable, conform the development project stormwater runoff controls to the town stormwater management system;

(h)

Estimate of Changes in Impervious and Semi-Pervious Surface Area. A quantification of any proposed changes in impervious surface area on the site, including pre-project and post-project impervious coverage area and the percentage of the parcel or lot that will be covered with impervious surfaces after development project completion. Include an estimate of proposed changes in the amount of directly-

connected impervious areas, which drain directly into the storm drain system without first flowing across permeable areas, and an estimate of changes in site coverage with permeable pavement; and,

(i)

BMP Management Plan. A description of the proposed ongoing management of post-development BMP's (including operation, maintenance, inspection, and staff training, as applicable) that will be performed for the economic life of the development, if required for the BMPs to function properly; provided, that such description may reference the Town stormwater management system when it has been adopted and implemented.

[(D)]

Water Quality Mitigation Plan Application Requirements.

(1)

Submittal of Water Quality Mitigation Plan (WQMP). An applicant for a Development of Water Quality Concern shall submit a preliminary WQMP (based on site conditions and project features known at the time of application) with the Coastal Development Permit application, and shall submit a final WQMP prior to issuance of the Coastal Development Permit.

(2)

Content of Water Quality Mitigation Plan (WQMP). For "Developments of Water Quality Concern," a WQMP shall be required that demonstrates how Treatment Control and/or Runoff Control BMPs will be implemented (in addition to Site Design and Source Control BMPs) as needed to minimize the discharge of polluted runoff from the development project site and to minimize post-development changes in the site's runoff flow regime. The WQMP shall be signed and stamped by a California Registered Civil Engineer, or by another professional with comparable expertise, and be approved by the Department of Planning and Building Services. The following information shall be included in a WQMP (the Regulated Project Storm Water Control Plan methodology of the Mendocino County LID Manual constitutes guidance) if applicable to the development:

(a)

Post-Development Runoff Plan Information. All of the information required for the Post-Development Runoff Plan (see section 20.717.025 (C), above), including Site Design strategies and pollutant Source Control BMPs.

(b)

Documentation of Polluted Runoff and Hydrologic Site Characterization. Documentation of a polluted runoff and hydrologic characterization of the existing site (e.g., potential pollutants in runoff, soil properties, infiltration rates, depth to groundwater, and the location and extent of hardpan and confining layers) as necessary to design the proposed BMPs.

(c)

Description of BMPs to be Implemented to Meet All WQHP Requirements. A description of the BMPs that will be implemented to meet all the WQHP requirements listed in section 20.717.020 (C), above, and how these BMPs will minimize stormwater pollution and changes in runoff flows from the development. Include documentation of the expected effectiveness of the BMPs, a characterization of post-development pollutant loads, and calculations of changes in the stormwater runoff flow regime (i.e., volume, flow rate, timing, and duration of flows) resulting from the proposed development when implementing the proposed BMPs. The description of the BMPs shall include, as applicable:

i.

Site Design Measures to maximize the retention and infiltration of post- development stormwater runoff, including:

(a)

Methods to accommodate on-site infiltration, when feasible and not determined to adversely impact groundwater, landform stability, or revegetation of disturbed portions of the site;

(b)

Measures to address on-site and/or off-site impacts, and construction of any necessary improvements;

(c)

Drainage improvements designed to retain and/or treat the 85[th ] percentile design storm event (e.g., locations of diversions/conveyances for upstream runoff);

(d)

Feasible measures to infiltrate and/or treat runoff from impervious surfaces (e.g., roads, driveways, parking structures, building pads, roofs, patios, etc.) on the subject parcel(s), and to discharge the runoff in a manner that avoids erosion, gullying on or downslope of the subject parcel or other discharge areas provided by the Town stormwater management system.

ii.

Source Control BMPs to:

(a)

Feasibly minimize polluted stormwater runoff; and

(b)

Identify pollutants of concern generated by the proposed development.

iii.

Treatment Control BMPs to minimize the transport of pollutants in stormwater runoff from the site, which (a) shall include calculations describing how the BMPs (or suites of BMPs) have been designed to infiltrate

and/or retain, and treat the stormwater runoff produced by the 85[th ] percentile, twenty-four (24) hour recurrence storm event for volume-based BMPs, or the 85[th ] percentile one (1) hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs; and (b) may include the use of structures (alone or in combination) such as biofilters, grassy swales, desilting basins, and detention ponds. Alternatively, Treatment Control BMPs may be provided by the Town stormwater management system, consistent with applicable County, State, and Federal standards. Bioretention facilities, using the Mendocino County Design Criteria, shall be given preference within the Plan design.

iv.

Runoff Control BMPs (e.g., a bioretention facility) to minimize post-development changes in the site's runoff flow regime, by retaining the design storm runoff volume on-site: (a) For development projects adding a net total of fifteen thousand (15,000) sq. ft. or more impervious surface area, calculations shall be required that demonstrate appropriate sizing and design of the proposed Runoff Control BMPs (e.g., retention facilities) to capture and retain, at a minimum, the stormwater runoff produced by the 85[th ] percentile twenty-four (24) hour storm event, and demonstrate that on-site infiltration has been optimized; (b) For development projects adding twenty-two thousand five hundred (22,500) sq. ft. or more impervious surface area, calculations shall be required that demonstrate appropriate sizing and design of the proposed Runoff Control BMPs (e.g., retention facilities) to capture and retain, at a minimum, the peak stormwater runoff flow from the two (2) year through ten (10) year storm event, and demonstrate that on-site infiltration has been optimized. Alternatively, Runoff Control BMPs may be provided by the Town stormwater management system, consistent with applicable County and State standards.

v.

Pre-development runoff rates from the parcel (lot), on which the development is proposed, during the twenty-four (24) hour, two (2) year, five (5) year, and ten (10) year storm events, and average discharge volume from the parcel (lot) perimeter.

(d)

Calculations for Sizing BMPs Using the 85[th ] Percentile Design Storm Standard. Calculations that demonstrate that the proposed BMP (or suite of BMPs) implemented to comply with WQMP requirements (see 20.717.020 (C), above) has been sized and designed to infiltrate, retain, or treat, at a minimum, the runoff produced by the 85[th ] percentile twenty-four (24) hour storm event for volume-based BMPs, or two (2) times the 85[th ] percentile one (1) hour storm event for flow-through BMPs.

(e)

Documentation that Runoff from Impervious and Semi-Pervious Surfaces is Addressed. A table quantifying the site's proposed new, replaced, and pre-existing impervious and semi-pervious surface areas. Documentation that runoff from all new and/or replaced impervious and semi-pervious surfaces is addressed. For sites where the area of added and/or replaced impervious and semi-pervious surfaces is greater than or equal to fifty (50) percent of the pre-existing impervious and semi-pervious surfaces, documentation that runoff from the entire developed area, including pre-existing surfaces, is addressed (pursuant to 20.717.020 (C)(3), above).

(f)

Description of the LID Approach Used to Retain the Design Storm Runoff Volume On-Site. A description of the LID approach to stormwater management to be implemented, documenting that LID Site Design strategies have been given priority, and a description of the LID BMPs that will be used to retain on-site (by means of infiltration, evapotranspiration, or harvesting for later on-site use) the runoff produced by the 85[th] percentile twenty-four (24) hour design storm (see 20.717.020 (C)(5), above), to the extent appropriate and feasible.

(g)

Alternatives Analysis Documenting Site-Specific Constraints. Where an alternatives analysis is required (pursuant to 20.717.020 (C)(6), above), document the site-specific engineering constraints and/or physical conditions to justify the determination that there are no appropriate and feasible alternative project designs that would retain on-site the runoff produced by the 85[th ] percentile twenty-four (24) hour design storm, giving precedence to an LID approach. Also demonstrate that on-site runoff retention is maximized to the extent appropriate and feasible, and that the feasibility of off-site runoff retention is considered.

(h)

BMP Management Plan. A description and schedule of the ongoing management of post-development BMPs (including operation, maintenance, inspection, and staff training) that will be performed for the life of the development, as needed for the BMPs to function properly.

(i)

Potential Flow Paths. Potential flow paths on and from the parcel where erosion may occur after completion of construction. Alternatively, a flow path analysis may be provided by the Town stormwater management system.

(j)

Needed Storm Drain System Upgrades. The need for upgrades to municipal storm drain systems, for discharge of pollutants (e.g., oil, heavy metals, toxics) to coastal waters, or to avoid or mitigate other potentially significant adverse stormwater runoff impacts from the proposed development project. Alternatively, the Town stormwater management system may provide for a suite of structural and operational stormwater quality best management upgrades by Town zoning district, hydrologic subarea, or in and for the entire Town.

[(E)]

Environmental Review: Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for stormwater mitigation required under the California Environmental Quality Act. (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.717.030 - BMP Maintenance and Conditions of Transfer.

(A)

All applicants for a coastal development permit or for approval by the Mendocino Historical Review Board of development in Historic Zone A or Historic Zone B shall provide written verification, as part of any such application, of proposed post- development operation, maintenance, inspection and, as applicable, training and management of all BMPs. Such written verification may be by recorded legal agreement, covenant, CEQA mitigation requirement, or other device that assures that the written verification runs with the land and applies to all heirs, successors, or assigns. Verification at a minimum shall include the property owner's/developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred; in addition, one (1) of the following long-term maintenance agreements shall be submitted:

(1)

A signed statement from the public entity assuming responsibility for structural and treatment control BMP maintenance and that it meets all local agency design standards; or

(2)

Written text in project conditions, covenants, and restrictions (CCRs) for residential properties assigning responsibilities to the homeowners' association for maintenance of the BMP's; or

(3)

Any other legally enforceable agreement that assigns responsibility for the maintenance of postdevelopment BMPs.

(B)

In addition to, or in the alternative to, subpart (A), where a development project is proposed to discharge any stormwater runoff to the Town stormwater management system, the applicant for that development project shall submit as part of the application for that development a "will serve" letter from the public agency that implements the system and has agreed to operate, inspect, and maintain it for the economic life of the development project.

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.718 - PUBLIC ACCESS

The purpose of this chapter is to implement the public access and recreation policies of Chapter 3 of the Coastal Act and the applicable policies of the Mendocino Town Plan. This Chapter shall apply to all projects in the Town of Mendocino Local Coastal Program segment of the coastal zone which fall within the definition of "development" as set forth in Public Resources Code Section 30106, and in Section

20.608.023(E) of this Division. These public access provisions shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances of each case, including, but not limited to, topographic an geologic site characteristics and the capacity of the site to sustain use and at what level of intensity.

(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 § 20.718.005, to read as set out herein. Previously § 20.718.005 was titled "Purpose."

Sec. 20.718.010 - Minimum Access Locations.

(A)

The coastal trail (path) network, Heeser Drive, Big River Road, and associated upland access support facilities, including but not limited to parking, lavatories, and nature educational signage, shall be maintained, enhanced, and located in the areas of Mendocino Headlands State Park as shown on the Mendocino Town Plan Public Access Maps; provided that public access and support facilities shall be located to protect sensitive species, fragile landforms, coastal resources, and adjacent upland areas against overuse. The Mendocino Town Plan Public Access Maps are illustrative and do not necessarily include all areas that currently provide or could provide public access to the coast. The maps shall be interpreted consistent with the text of the policies of the Mendocino Town Plan and the standards of this chapter of the Mendocino Town Zoning Code.

(B)

Prior to the issuance of a coastal development permit for any new development identified in 1—4 of this section, the decision-making authority shall review the proposed development to ensure the protection of public access to the maximum extent feasible consistent with (1) state and federal law; (2) public safety needs; and (3) the need to protect public rights, the rights of private property owners and natural resources from over use. Unless exempted from the requirement to provide public access as set forth in Section 20.718.020, the decision to impose public access requirements shall be based on a nexus between the project and its impacts on public access and recreation. If the decision-making authority determines such a nexus exists, the access required shall be proportional to the impacts of the project on public access and recreation.

(1)

New development on any parcel or location specifically identified in the Mendocino Town Plan, the Mendocino Town Plan Public Access Maps, or in the Town LCP zoning districts, or as further provided within this section.

(2)

New development between the nearest public roadway and the sea.

(3)

New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands acquired through use or a public right of access through legislative authorization.

(4)

New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access.

(C)

For any project where such mitigation is required, the preferred implementation should be through a recorded grant of easement to the County, another public agency, or to a designated private nonprofit association acceptable to the County who is willing to accept the easement and willing to operate and maintain the public accessway or trail. Where grants of easement are not feasible because neither the County, other public agency, nor private nonprofit association is willing to accept, maintain and operate the accessway, implementation of required access mitigation shall be implemented through a recorded Offer to Dedicate (OTD) an easement to a public agency or a designated private nonprofit association acceptable to the County. All conditions of permit approval for offers to dedicate shall include a requirement for an interim deed restriction that states that the terms and conditions of the permit prohibit both interference with any rights of public access in the areas subject to the easement prior to acceptance of the offer and any obstruction of the easement area.

(D)

Visitor serving facilities and services on any parcel adjoining the shoreline, or adjacent to a parcel in Mendocino Headlands State Park that adjoins the shoreline, shall provide public access from the first continuous public road or street that parallels the sea to the nearest sustainable path or trail in Mendocino Headlands State Park, consistent with the requirements of (B) above. The access improvements shall be available on an equal basis to the public at large as well as to guests or owners of the permitted development.

(E)

Public fishing access shall be maintained, protected and encouraged along the shoreline of the Town, consistent with regulations, promulgated at Title 14 California Code of Regulations, Section 632(b)(1)(25), by the California Department of Fish and Wildlife pursuant to the Marine Protection Act.

(F)

A continuous public access way, for use by all the people, shall be located and maintained along sections of Lansing Street, Heeser Drive, Heeser Street, Little Lake Street, Kelly Street, Ukiah Street, and Main Street, and/or, where feasible, within adjacent Mendocino Headlands State Park; provided, that public access improvements or new facilities shall be located to protect sensitive species or other fragile coastal resources, fragile landforms, public and private rights, public safety, and mitigate against the impacts of overcrowding or overuse of any single area.

(G)

A continuous public bike trail shall be located in the Highway 1 right-of-way in the Town, to connect with bike trail segments that extend to the north and south of the Town.

(H)

The following shall be provided as part of any Highway 1-Big River Bridge improvement or replacement project, between the intersection of Highway 1 at Main Street and the southerly Town boundary:

(1)

A continuous public pedestrian/bicycle accessway, separated from the Highway 1 travel lanes. Accessways shall be provided on both sides of the bridge. If an accessway is only feasible on one (1) side of the bridge, the accessway shall be located on the west side.

(2)

A continuous public pedestrian path or trail between Big River Beach, east of the Highway 1 bridge, and both the Mendocino Estuary Beach and the Mendocino Headlands State Park blufftop south of Main Street.

(3)

The County shall encourage Caltrans to restore and conserve the riparian vegetation located within the Highway 1 right-of-way and adjacent Mendocino Headlands State Park on the southwest corner of the intersection of Highway 1 and Main Street, and improve the area with a public scenic overlook and provide environmental education information about Mendocino Bay and Big River Estuary.

(I)

Public access signage to Mendocino Headlands State Park shall be conspicuously posted (1) in the Highway 1 right-of-way at or near the northern and southern entrances to the Town, (2) at the intersections of Main and Lansing Streets, Lansing and Heeser Drive, and Main and Heeser Street. Way-finding signage to and along public access ways shall (1) harmonize with the historic character of the Town, (2) be located to avoid visual clutter, and (3) where located on the seaward side of Highway 1, Lansing Street, Heeler Drive, or Main Street, avoid intrusion to the maximum extent feasible into public views to and along the sea. Way-finding markers for the California Coastal Trail in the Town shall utilize the adopted Coastal Conservancy trail emblem (Figure 4.13-7); provided that the emblem may:

(1)

Be part of a sign or structure,

(2)

Be embedded in a sidewalk, path, trail, or in pavement, and

(3)

Shall be displayed consistent with the requirements of the Town Local Coastal Program and Mendocino Historic Review Board Design Guidelines.

(J)

Consideration should be given to cooperative interagency acquisition of the three (3) parcels in private ownership, seaward of Lansing Street and north of Heeser Drive, as an addition to Mendocino Headlands

State Park, to completes public ownership of the entire shoreline band in the Town.

(K)

A public pedestrian accessway and bicycle lane shall be improved in the Lansing Street right-of-way between the northerly Town boundary at Agate Beach and the intersection of Lansing and Main Streets, with marked and lighted (flashing embedded lights) cross walks at the intersections of Lansing Street with Main Street, Little Lake Street, St. Anthony's Church and Cemetery/Palette Drive, and Heeser Drive.

(L)

The Main Street Enhancement Project, between Highway 1 and Heeser Drive, shall include historical sidewalks, ramps, stormwater management Best Management Practices, and street furniture to support sustainable coastal public access in the Town and to and along Mendocino Headlands State Park for all the people, consistent with public safety, the protection of public and private rights, and the protection of fragile coastal resources and the need to mitigate against the impacts of overcrowding or overuse of any single area.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.718.015 - Minimum Public Access Standards.

(A)

The public access required pursuant to Section 20.718.010 shall conform to the standards and requirements set forth in Sections 20.718.015 through 20.718.045.

(B)

Lateral Public Access. A condition requiring an offer to dedicate an easement or a grant of easement for lateral shoreline access ways as a condition of approval of a coastal development permit (or other authorization to proceed with development) shall provide the public with the permanent right of lateral public access and recreational use along the entire width of the property and shall extend landward from the mean high tide line (shoreline), to the base (toe) of the coastal bluff, or to the first line of terrestrial vegetation, whichever is greater.

(C)

Bluff Top Access. A condition to require public access along a bluff top as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 20.718.010 shall provide the public with the permanent right of scenic and visual access from the bluff top to the public tidelands.

Each bluff top accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending twenty-five (25) feet inland [or greater or lesser] as determined to be necessary for public safety or geologic stability. To the maximum extent feasible, the easement shall be as wide as necessary to accommodate the number of users that can reasonably be expected. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent

improvements shall be set back from the accessway by a distance derived by multiplying the annual rate of bluff top retreat by the life expectancy in years of the improvements, plus an added geologic stability factor of one and one-half (1½).

The accessway shall be legally described as required in Section 20.718.040(A), with the furthest inland extent of the area referenced as a distance from a fixed monument in the following manner:

"Such easement shall be a minimum of twenty-five (25) feet wide located along the bluff top as measured inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge."

(D)

Vertical Access. A condition to require vertical public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 20.718.010 shall provide the public with the permanent right of access, (1) located in specific locations identified in the certified Local Coastal Program for future vertical access, or (2) located in a site for which the permit issuing authority has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Mendocino Town Plan Local Coastal Program.

A condition to require vertical access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 20.718.010 shall provide the public with the permanent right of vertical access from the road to the shoreline (or bluff edge) and shall be legally described as required in Section 20.718.0040(A).

The access easement shall be a minimum of twenty-five (25) feet wide, with the following exceptions:

(1)

Where the access way would have a significant adverse impact on an environmental sensitive habitat area;

(2)

Where the access way would extend within twenty (20) feet of an existing residence;

(3)

Where there are identified hazardous, topographic, or other physical constraints on the site that cannot otherwise be eliminated and require a narrower passageway;

(4)

Where public safety conditions require a narrower passage-way.

(5)

Along Highway 1, the pedestrian access way(s) shall be a minimum of fifteen (15) feet wide, wherever feasible, provided that the accessway(s) on the Big River Bridge shall be located on its west side and shall have a minimum width of six (6) feet.

(E)

Pass and Repass. Public use of a public access easement may be limited to pass and repass:

(1)

Where topographic constraints of the site make use dangerous;

(2)

Where seasonal habitat values would be adversely affected;

(3)

Where the access way may encroach closer than twenty (20) feet to and there is a need to protect the privacy of an existing residence.

(4)

On walkways, adjacent to buildings, that extend between Little Lake and Capella Streets, Ukiah and Albion Streets, and Albion and Main Streets.

(F)

Privacy. All access ways shall be located and designed to minimize the loss of privacy by adjacent real property owners or tenants, and to minimize other impacts on adjacent residences and residential lots (parcels).

(G)

Posting. Once the responsibility for maintenance and liability for public walkways or pathways is accepted and management by the Main Street Enhancement Project (or another entity) is established, designated access ways may be posted by the managing agency, provided that way-finder or other historical posting shall be consistent with the Mendocino Historic Preservation Ordinance and with the provisions of Section 20.718.010. All access ways accessible to persons with disabilities shall be posted accordingly. All signs shall conform to the regulations and standards of Chapter 20.712 of this Division.

(H)

Safety. All access ways shall be designed and constructed to safety standards adequate for their intended use. Barriers shall be constructed by the managing agency where necessary to protect public safety, taking into account the fundamental importance of unimpeded sidewalks, walkways, and paths for a functional public access system. Bluff retreat/erosion rates shall be evaluated as part of the accessway design to provide sufficient setback of lateral public access ways, parking, and other recreational upland support facilities for the life of the development.

(I)

Access by Persons with Disabilities. Access to beach, Mendocino Estuary, and blufftop viewpoints shall be provided and signed for persons with disabilities where parking areas can be feasibly sited to facilitate

wheelchair access. Suitable barriers shall be placed to mark wheelchair ramps and the limits to safe approach of a bluff edge.

(Ord. No. 4395, § 2, 11-17-2017)

New development projects shall provide public access from the nearest public roadway to the shoreline and along the coast consistent with the requirements of Section 20.718.010 except where findings required by Sections 20.718.045 and 20.718.050 establish any of the following:

(1)

Public access is inconsistent with the public, safety, military, security needs, or protection of fragile coastal resources, or

(2)

Adequate access exists nearby.

As used in Chapter 20.718, "new development" does not include:

(a)

Structures destroyed by natural disaster: The replacement of any structure, other than a public works

facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and is sited in the same location on the affected property as the destroyed structure. 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 the owners.

(b)

Demolition and reconstruction: The demolition and reconstruction of a singl-family residence or two-unit development provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten (10) percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.

(c)

Improvements: Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than ten (10) percent, which do not block or impede access, and which do not result in a seaward encroachment by the structure.

(d)

Repair and maintenance: Repair or maintenance activity which, pursuant to Public Resources Code Section 30610, requires no permit unless the activity will have an adverse impact on lateral public access along the beach.

(e)

Reconstruction and repair: The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to shoreline resources than those of the existing structure.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.718.025 - Closure.

(A)

No public agency shall abandon, vacate, quitclaim, or approve a lot line adjustment or any other division of land that transfers the public access rights to use of any public access way, walkway, path, or easement therefor to private ownership.

(B)

Any proposed permanent closure of a public access way, walkway, or public access easement shall require a coastal development permit and/or amendment of any existing coastal development permit that required establishment of the access way, walkway, or public access easement. If the subject accessway, walkway, or public access easement is in a location identified in Section 20.718.010 (Minimum Access Locations), an amendment to the certified Mendocino Town Local Coastal Program shall be effectively certified before an application for such development may be filed.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.718.030 - Implied Dedication Arising from Public Use.

Provisions related to the existence of implied dedication arising from public use on a parcel within the Town are as follows:

(A)

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

(B)

Potential Existence of Implied Dedication Arising From Public Use

(1)

Rights Not Yet Established. Where evidence of historical public use indicates the potential for the existence of implied dedication arising from public use, but rights have not been judicially determined, the Planning and Building Department staff shall apply research methods described in the publication by the Office of the Attorney Implied Dedication and Prescriptive Rights Manual Relating to California Coastal Commission Matters (1978).

(2)

Potential Existence of Implied Dedication Arising From Public Use Established. Where research indicates the potential existence of implied dedication arising from public use, the County may:

(a)

Proceed to litigate to secure the access right, or

(b)

Refer the matter to the Office of the California Attorney General.

(C)

Development in Area of Historic Public Use.

(1)

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

(a)

No development of the parcel would otherwise be possible; or

(b)

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

(2)

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

(D)

Minimum requirements. No access condition shall serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of implied dedication arising from public use, the following language shall be added to the access condition:

"Nothing in this condition shall be construed to constitute a waiver of any rights of public access which may exist on the parcel itself or on the designated easement."

(Ord. No. 4395, § 2, 11-17-2017)

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 to dedicate an easement or a grant of easement, in the form and content approved by the Coastal Commission shall be recorded pursuant to Section 20.718.040 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. 4395, § 2, 11-17-2017)

(A)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The recorded document shall provide that:

(a)

The terms and conditions of the permit do not authorize any interference with any public access rights in the area subject to the easement prior to acceptance of the offer and,

(b)

Development or obstruction in the accessway prior to acceptance of the offer is prohibited.

(B)

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

access, open space or conservation easements or the processing of other legal documents resulting from conditions of a coastal development permit which restricts use where such conditions are required by the Town Plan (Chapter 4.13 of the Coastal Element of the General Plan).

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(C)

Acceptance of Offer. Acceptance of the offer is affected by the recordation by the named grantee, in the official records of the County Recorder of Mendocino County, of a Resolution of Acceptance of the irrevocable offer:

(1)

Any accessway which the managing agency or organization determines cannot be maintained or operated in a condition suitable for public use shall be offered to another public agency or qualified private association that agrees to open and maintain the accessway in a condition suitable for public use.

(2)

A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with this section agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.718.045 - Access Way Management Plan.

No access way shall be opened for public use until an Access Way Management Plan has been prepared by the managing agency and accepted by the Director. If the plan proposes to newly authorize development, such portions of the plan shall require approval of a coastal development permit. At a minimum, the Plan shall:

(A)

Provide for a design which avoids or mitigates any public safety hazards and any potentially significant adverse impacts on coastal resources;

(B)

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

(C)

Set forth any other known provisions, such as facilities to be provided, signing, vegetation maintenance to ensure accessways remain safe and unobstructed, removal of trash/litter, and special design and monitoring requirements; and

(D)

Set forth provisions for protecting the access way from vandalism and/or against unlawful use.

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.719 - ENVIRONMENTALLY SENSITIVE HABITAT AREAS (ESHA'S)

Sec. 20.719.005 - Applicability.

This Chapter shall apply to all development in the Town of Mendocino.

(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 § 20.719.005 to read as set out herein. Previously § 20.719.005 was titled "Purpose."

Sec. 20.719.010 - Purpose.

The purpose of this Chapter is to ensure that environmentally sensitive habitat in the Town is protected for both the flora and fauna that does inhabit, or may likely inhabit such habitat, as well as for the enjoyment of it by present and future residents of, and visitors to, the Town.

Environmentally Sensitive Habitat Areas (ESHA's) in the Town include, but are not limited to: anadromous fish streams, sand dunes, avian rookeries, marine mammal haul-out areas, wetlands, riparian areas, and habitats of rare, endangered, and sensitive plants and animals.

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.015 - ESHA—Development Application Procedures.

(A)

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

(1)

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

(2)

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

(3)

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

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

(B)

Disagreement as to Extent of ESHA. Where the Coastal Permit Administrator and representatives of the California Department of Fish and Wildlife, the California Coastal Commission, and the applicant are uncertain as to the extent of the sensitive habitat on any parcel, such disagreements shall be investigated by an on-site inspection by the landowner and/or agents, county staff member and representatives from Fish and Wildlife and the Coastal Commission.

(C)

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

(D)

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

(1)

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

(2)

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

(3)

Findings are made by the approving authority that any development in an ESHA is a resource dependent use, as set forth in Section 20.720.035(D)(a).

(E)

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

(Ord. No. 4395, § 2, 11-17-2017)

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

(A)

Width. The width of the buffer area shall be a minimum of one hundred (100) feet, unless an applicant can demonstrate, after consultation and agreement with the California Department of Fish and Wildlife, and County Planning staff, that one hundred (100) feet is not necessary to protect the resources of that particular habitat area from possible significant disruption caused by the proposed development. The buffer

area shall be measured from the outside edge of the Environmentally Sensitive Habitat Areas and shall not be less than fifty (50) feet in width. New land division shall not be allowed which will create new parcels entirely within a buffer area. Developments permitted within a buffer area shall generally be the same as those uses permitted in the adjacent Environmentally Sensitive Habitat Area.

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

(1)

Biological Significance of Adjacent Lands. Lands adjacent to a wetland, stream, or riparian habitat area vary in the degree to which they are functionally related to these habitat areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the wetland, stream, or riparian habitat that is adjacent to the proposed development.

(2)

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

(a)

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

(b)

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

(c)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(B)

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

(C)

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

(D)

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

(1)

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

(2)

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

(3)

Development shall be sited and designed to prevent impacts which would degrade adjacent habitat areas. The determination of the best site shall include consideration of drainage, access, soil type, vegetation, hydrological characteristics, elevation, topography, and distance from natural stream channels. The term "best site" shall be defined as the site having the least impact on the maintenance of the biological and physical integrity of the buffer strip or critical habitat protection area and on the maintenance of the hydrologic capacity of these areas to pass a one hundred (100) year flood without increased damage to the coastal zone natural environment or human systems.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Priority for drainage conveyance from a development site shall be through the natural stream environment zones, if any exist, in the development area. In the drainage system design report or development plan, the capacity of natural stream environment zones to convey runoff from the completed development shall be

evaluated and integrated with the drainage system wherever possible. No structure shall interrupt the flow of groundwater within a buffer strip. Foundations shall be situated with the long axis of interrupted impermeable vertical surfaces oriented parallel to the groundwater flow direction. Piers may be allowed on a case by case basis.

(11)

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

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.025 - Wetlands and Estuaries.

(A)

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

(1)

Port facility expansion or construction.

(2)

Energy facility expansion or construction.

(3)

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

(4)

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

(5)

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

(6)

New or expanded boating facilities may be permitted in estuaries.

(7)

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

(8)

Restoration projects which are allowable pursuant to Section 30233(a)(6) of the Coastal Act are publicly or privately financed projects in which restoration is the sole purpose of the project. Restoration projects may include some fill for nonpermitted uses if the wetlands are small, extremely isolated, and incapable of being restored. Small, extremely isolated parcels that are incapable of being restored to biologically productive systems may be filled and developed for uses not ordinarily allowed only if such actions establish stable and logical boundaries between urban and wetland areas and if the applicant provides funds sufficient to accomplish an approved restoration program in the same general region pursuant to Chapter 20.532 of Division II of this Title. All the following criteria must be satisfied before this exception is granted:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(9)

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

(10)

Nature study purposes and salmon restoration projects.

(11)

Aquaculture, or similar resource dependent activities excluding ocean ranching.

(B)

Requirements for Permitted Development in Wetlands and Estuaries.

(1)

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

(a)

There is no feasible, less environmentally damaging alternative;

(b)

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

(2)

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

(a)

Dredging shall be limited to the smallest area feasible.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(3)

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

(a)

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

(b)

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

(c)

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

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

(d)

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

(4)

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

(a)

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

(b)

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

(c)

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

(d)

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.030 - Open Coastal Waters, Lakes, Stream, Rivers.

(A)

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

(1)

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

(2)

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

(3)

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

(B)

Requirements for Permitted Developments in Open Coastal Waters and Lakes:

(1)

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

(2)

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

(C)

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

(1)

Necessary water supply projects.

(2)

Flood control projects.

(3)

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

(4)

New or expanded boating facilities.

(5)

Sand and gravel extraction.

(D)

Requirements for Permitted Development in Streams and Rivers.

(1)

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

(2)

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

(a)

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

(b)

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.035 - Riparian Corridors and Other Riparian Resource Areas.

(A)

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

(1)

Channelizations, dams or other alterations of rivers and streams as permitted in Section 20.719.030(C);

(2)

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

(3)

Existing agricultural operations;

(4)

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

(B)

Requirements for development in riparian habitat areas are as follows:

(1)

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

(2)

No other feasible, less environmentally sensitive alternative exists;

(3)

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

(4)

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.040 - Dunes.

(A)

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

(1)

Scientific, educational and passive recreational uses.

(2)

One (1) single-family dwelling where adequate access, water and sewage disposal capacity exist consistent with applicable Coastal Element policies and development standards of this division.

(3)

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

(4)

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

(B)

Requirements for development in dune areas are as follows:

(1)

Motorized or non-motorized vehicle traffic is prohibited.

(2)

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

(3)

No new parcels shall be created entirely in dune habitats.

(4)

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.719.050 - Other Resource Areas.

(A)

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

(B)

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

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.720 - COASTAL DEVELOPMENT PERMIT REGULATIONS

Sec. 20.720.005 - Purpose.

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

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

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.010 - Applicability.

Any person, partnership, corporation, state or local agency, or special district proposing to undertake any development as defined in Section 20.608.023(C) or proposing to obtain a use permit 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 law or ordinance; provided, that Coastal Commission Categorical Exclusion Order No. E-96-1 (reproduced in Town Plan Appendix 4) excludes specified development in the Town Historic Zone A and Zone B from the coastal development permit requirement, subject to the terms and conditions of the Categorical Exclusion Order, including but not limited to ensuring that the development under this exclusion shall conform with all LCP policies. If a coastal development permit is required pursuant to this section, no building permit, water well permit, groundwater extraction 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.015 - Permit Requirements.

Permits required by this Chapter must be secured prior to any development in the Town of Mendocino.

(A)

Coastal Development Administrative Permit. The purpose of Coastal Development Administrative Permits 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 20.720.090. Actions by an approving authority on an application for a coastal development permit which are appealable to the Coastal Commission pursuant to the Coastal Act (Public Resources Code Section 30603(a)), including, but not limited to, any subdivision or other division of land, shall not be processed as an administrative permit.

(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 that has all required approvals from the Mendocino Historical Review Board.

(4)

Any other developments not in excess of one hundred thousand dollars ($100,000.00), other than any division of land.

(5)

Any other development that is not appealable to the Coastal Commission if the Coastal Permit Administrator determines (a) that it involves no potential for any significant adverse effects, either individually or cumulatively, on coastal resources or public access to and along the shoreline, and (b) that the development will be consistent with the certified Mendocino Town Local Coastal Program. The determination by the Coastal Permit Administrator shall be made in writing and based upon factual evidence.

(B)

Coastal Development Use Permit. A use permit must be secured, pursuant to the requirements of these regulations, prior to the initiation, amendment, or expansion of a use or development that is permitted only as a conditional use in the Zoning District in which it is located.

(C)

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 setbacks, building heights, floor area ratio, and lot width. Variances shall not be granted to allow deviations from use limitations, minimum lot sizes, and density requirements or any other Mendocino Town LCP requirements.

(D)

Coastal Development Standard Permit. A coastal development standard permit must be secured for any other development as defined in Section 20.608.023(B), including, but not limited to, land divisions, lot line adjustments, and any other entitlement for use, unless specifically exempted by any of the provisions of Section 20.720.020.

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

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.020 - Exemptions.

(A)

The following developments shall be exempt from this Chapter, but shall be subject to Chapter 20.760:

(1)

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 Title 14, California Code of Regulations Section 13252 and any amendments thereafter adopted;

(2)

Activities of public utilities that are exempted pursuant to the Repair, Maintenance and Utility Hookup Exclusion adopted by the Coastal Commission on September 5, 1978, as limited by Title 14 California Code of Regulations Section 13252(a) and any amendments thereafter adopted;

(3)

Improvements to single family residences, except as otherwise specified in Title 14, California Code of Regulations Section 13250 and any amendments thereafter;

(4)

Improvements to any structure other than a single family residence or a public works facility, except as otherwise specified in Title 14, California Code of Regulations Section 13253 and any amendments thereafter.

(5)

The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform with Section 20.716.020, shall be for the same use as the destroyed structure, shall not exceed 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 real property as the destroyed structure.

any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform with Section 20.716.020, shall be for the same use as the destroyed structure, shall not exceed 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 real property as the destroyed structure.

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 owner.

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.

(6)

Categorical Exclusion Order E-96-1 excludes specified development in various areas within the Town, including Historical Zones A and B, from the requirement for a coastal development permit, subject to terms and conditions, including, but not limited to, a condition requiring that the excluded development shall conform with all LCP policies.

(B)

Noticing. Within five (5) working days of local determination that a development is categorically excluded or otherwise exempt from coastal development permit requirements pursuant to Section 20.720.020 (A), the County shall send written notification by first class mail to the Coastal Commission and any person who has requested such notice of the determination of the specific development exempted from coastal development permit requirements. The notice shall contain the following information:

(1)

The developer's name;

(2)

Street address and parcel number of the subject property;

(3)

The case file number assigned to the application;

(4)

A description of the development, including an attached site plan and maps documenting the location of any wetlands or watercourses within one hundred (100) feet of the development;

(5)

The date of application for other permits; and

(6)

All terms and conditions of approval imposed by the local government in granting other permits.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.025 - Application and Fee.

Applicants for development in the Town are encouraged to confer with Planning and Building Department staff about their proposed projects, and the applicable requirements to them, prior to submitting an application for development to the County.

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 payment of a fee, the amount of which is set by resolution of the Board of Supervisors. When more than one (1) development is proposed on a lot, 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 and the certified Town Plan. 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 area surrounding the project site, should also be provided.

(B)

Proof of the applicant's legal interest in all the real property upon which work is to be performed. Proof can be in the form of a current tax statement, title 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 real property shall be disclosed to the County on the application, notified in writing of the permit application by the applicant, and invited to join as coapplicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate to the County the applicant's authority to comply with all conditions of approval.

(D)

Verification that the proposed development has met or is exempt from the requirements of Chapter 20.760 (Mendocino Historical Preservation District).

(E)

Verification that the proposed development has been granted a sewer connection from the Mendocino City Community Services District.

(F)

Verification that the proposed development has met or is exempt from the requirements of Chapter 20.744.

(G)

Stamped envelopes addressed to each owner of property situated within three hundred (300) feet of the property lines of the project site (excluding roads, streets, or alleys), along with an Assessor's parcel map and a list containing the names of the property owners, 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.

(H)

Stamped envelopes addressed to each occupant of property situated within three hundred (300) feet of the property lines of the project site (excluding roads, streets, or alleys), along with an Assessor's parcel map and 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 each occupant of property situated within three hundred (300) feet of the applicant's contiguous ownership.

(I)

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.

(J)

Such additional information that the Planning and Building Services Director may determine is necessary to determine whether the development is consistent with the certified Town Plan and this Division.

(K)

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 and in a manner prescribed by the Director.

(L)

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 untruthful or inaccurate information in the application is discovered after approval or issuance of the permit.

(M)

Other governmental approvals as required and obtained.

(N)

All supplemental application information required by Sections 20.692.925 and 20.688.015.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.030 - Processing of Applications.

Upon receipt of an application for a coastal development permit, the application shall be processed as follows:

(A)

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

The County criteria for determining that application for a coastal development permit or any other approval or entitlement for work or an activity in the Town is complete consist of the following:

(1)

Complete and accurate information satisfying all of the requirements of Section 20.720.025(2);

(2)

A fully and accurately completed application form, including any required plans, drawings, calculations, and other required materials as specified in application form information, for the proposed development, work, or activity;

(3)

Evidence of legal interest in the lot (parcel) on which the development, work, or activity is proposed;

(4)

Any technical studies, peer reviews, or evidence of other required development approvals necessary to identify consistency of the proposed development, work, or activity with the applicable standards of project review pursuant to the certified Mendocino Town Local Coastal Program, Mendocino Historical Preservation District Ordinance, or Mendocino Historical Review Board Guidelines, as applicable;

(5)

Information sufficient to facilitate County staff preparation of an environmental assessment of the proposed development, work, or activity pursuant to the California Environmental Quality Act and the CEQA Guidelines;

(6)

Identification of any authorized project agent; and

(7)

Payment of all fees to the County at the point of application for the development, work, or activity.

Each application shall be stamped by the Department with the date on which it is:

(1)

Received, and

(2)

Officially filed.

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 Mendocino Town Local Coastal Program, including maps, categorical exclusions, land use designations, and zoning 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, non-appealable) 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 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, non-appealable or appealable;

(4)

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

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.

plete 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.

During Application Check, the Department shall determine the type of permit for which the 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.

During Application Check, the Department shall also refer copies of the application to the designated contact or tribal representative of traditionally and culturally affiliated California Native American tribes that requested, in writing, to be notified of proposed projects. The referral shall include a brief description of the proposed project and its location, the Department's contact information, and a notification that the California Native American tribe has thirty (30) days to request a consultation. California Native American Tribal consultation shall include significance of the resource, alternatives to the project, and recommended mitigation measures. Environmental issues and possible mitigation measures identified during the consultation will be evaluated as part of the scope of environmental review.

Where the Department has determined that an application is incomplete, and where the applicant contends that the information requested by the Department to complete the application is not required pursuant this division or under policies adopted by resolution of the Board of Supervisors to administer this Division, the applicant may file an Administrative Appeal pursuant to Chapter 20.728. The appeal shall be made in writing to the Department, accompanied by payment of a fee set by resolution of the Board of Supervisors, and evidence supporting the applicant's contention that the application is complete.

If the application is not completed by the applicant within one (1) year after original receipt by the County of the application, it will be deemed to be withdrawn. A new application may be made, subject to the payment of fees in accordance with Section 20.720.025 of this Chapter.

If the application is not completed by the applicant within one (1) year after original receipt by the County of the application, it will be deemed to be withdrawn. A new application may be made, subject to the payment of fees in accordance with Section 20.720.025 of this Chapter.

(B)

Project Review—CEQA. 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), and shall study the project for conformance with all applicable requirements of this Division. 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 any other individual/group that the department considers may have relevant authority or expertise. The Director or designee shall prepare a written report and recommendation for action on the application with findings, evidence, and analysis that bridges the evidence and the applicable standards of review.

(C)

Authority to Act on Coastal Development Permit. Upon completion of project review and evaluation, and noticed public hearing, action to approve, conditionally approve, or deny a coastal development permit shall be taken by:

(1)

The Coastal Permit/Zoning Administrator in the case of principal permitted uses, minor use permits, and administrative permits, and

(2)

By the Planning Commission in the case of conditional use permits, major use permits, variances, subdivisions and any other divisions of land.

(3)

When a coastal development standard permit is required, action to approve, conditionally approve, or deny a standard development permit shall be taken by the Director or his designee.

(D)

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

(1)

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

(2)

Make such findings or determination as are 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

(3)

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

(a)

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

(b)

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

(c)

The proposed development does not conform with the certified Mendocino Town Local Coastal Program and, as applicable, the public access and recreation policies of Chapter 3 of the Coastal Act (Public Resources Code Sections 30210-20224).

(4)

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.

(5)

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 be stated on the record. Withdrawal is effective immediately, is not subject to appeal, and shall be permanent, provided that the applicant may file a new application with the applicable payment of fee(s) as provided in this Chapter.

(E)

Time Periods.

(1)

Within one hundred eighty (180) days after filing of a complete application for a coastal development permit, the Coastal Permit Administrator or Planning Commission shall take such action as is specified in Subsection (D) of this section. 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.

(2)

In the event that the County fails to act to approve or disapprove a development project within the time limits required above, the applicant may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956.

(3)

Failure to act — notice.

(a)

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.

(b)

Notification by County. When the County determines that the time limits established pursuant to Government Code Sections 65950—65957.1 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 20.728.020. 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.

When an application has been approved by failure to act, such approval shall be subject to the notice requirements of Section 20.720.045(F).

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.035 - Findings.

(A)

The approval 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 Mendocino Town 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 real property on which the development is proposed, 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 services, including but not limited to, solid waste, public roadway capacity and proof of an adequate water supply pursuant to Chapter 20.744 have been considered and are adequate to serve the proposed development.

(7)

The proposed development is in conformance with the design standards of Section 20.760.050.

(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 (Public Resources Code Sections 30210—30224) and the certified Mendocino Town Plan of the Coastal Element of the General Plan.

(C)

If the proposed development is subject to approval of a conditional use permit, the following additional finding must be made:

(1)

The proposed development ensures the protection of public health, safety, and welfare.

(D)

If the proposed development is located within an Environmentally Sensitive Habitat Area, the following additional finding shall be made:

(1)

Only used dependent on environmentally sensitive habitat area resources and for which there is no less environmentally damaging location shall be allowed in the ESHA consistent with Mendocino Town Plan Policy CNS-7;

(2)

The ESHA shall be protected against any significant disruption of habitat values;

(3)

The resources as identified will not be significantly degraded by the proposed development;

(4)

There is no feasible less environmentally damaging alternative;

(5)

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

(E)

Where a proposed development must also comply with the provisions of Chapter 20.420 (Flood Plain Combining District), Chapter 20.488 (Coastal Development General Review Criteria), Chapter 20.492 (Grading, Erosion and Runoff), Chapter 20.496 (Environmentally Sensitive Habitat and Other Resource Areas), Chapter 20.500 (Hazard Areas), or Section 20.504.025, the approving authority shall make the applicable findings of Section 20.532.100 of Division II of this Title.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.040 - Administrative Approval of Coastal Development 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 20.720.015 and emergency permits as provided for in Section 20.720.090.

(B)

Approval. The Coastal Permit Administrator may administratively approve or conditionally approve a coastal development permit on the same grounds as all other coastal development permits without the requirement of a public hearing. Any permit issued administratively by the Coastal Permit Administrator shall contain a statement that the permit will not be effective until it has been reported to the Board of Supervisors.

(C)

Reporting. A Coastal Development Administrative Permit issued by the Coastal Permit Administrator shall be reported on the agenda of the Board of Supervisors at its next scheduled meeting after the permit has been issued. 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 and the public to understand the development proposed to be undertaken. If, at the meeting, at least one (1) member of the Board so request, the permit issued shall not go into effect and the application shall be processed in accordance with Section 20.720.045.

(D)

Noticing. Notice that the Coastal Permit Administrator will report issuance of the administrative permit to the Board of Supervisors shall be provided 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 three hundred (300) 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 requested to be on the mailing list for development located within the Town Plan boundaries;

(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)

The date, time and place at which the application will be reported to the Board;

(6)

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

(7)

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

(F)

Final Action. A decision on a coastal development permit application shall not be deemed complete and final 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 20.728.

(G)

Notice of Final Action. Notice shall be provided 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.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.045 - 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 administrative or emergency permits.

(B)

Hearing. The approving authority shall hold at least one (1) public hearing on each coastal development permit 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 three hundred (300) 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 three hundred (300) 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;

(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, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Town LCP and, where applicable, the public access and recreation policies of Chapter 3 of the Coastal Act, and

(2)

When all local rights of appeal have been exhausted in accordance with Chapter 20.728.

(F)

Notice of Final Action. Notice shall be provided 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 20.720.045(D) and Section 20.720.035(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 (11th) day following the action of the approving authority to approve or deny the coastal permit unless prior to said eleventh (11th) day an appeal of the decision is filed as provided by Chapter 20.728.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.050 - Expiration and Completion.

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 real property, as applicable, 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 any extensions of a Planned Unit Development permit shall conform with all provisions of this Division. No building permit shall be finalized or occupancy permit issued until all terms and conditions of the approved coastal development permit have been met.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.055 - Application for Permit Amendment.

Any person holding a valid, unexpired, and unrevoked coastal development permit approved by the County may apply for a permit amendment by complying with Section 20.720.025 (Application and Fees). For the purposes of this section, the amendment of a coastal development permit may include amendment of the terms of the permit itself, or the waiver or alteration of conditions imposed pursuant to Section 20.720.030.

(A)

Definition of Permit Amendment. Any request to amend an approved or issued coastal development permit that constitutes a change in the approved development, or any condition of development approval shall be processed pursuant to Section 20.720.025. When, in the determination 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 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 20.720.040.

(2)

If any amendment would, in the determination of the Coastal Permit Administrator, change the project so that it no longer meets the criteria established for treating the application as an administrative permit pursuant to Section 20.720.015, then the application shall thereafter be treated in the manner prescribed by Section 20.720.015 and by Section 20.720.055(C)(2).

(C)

Amendment to Permits other than 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 20.720.040(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 shall be deemed final and effective:

(a)

After a Notice of Final Action has been transmitted to the Coastal Commission pursuant to Section 20.720.045(F) and

(b)

The ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission, pursuant to Section 20.720.045(G).

(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 Section 20.720.035, 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 20.720.045.

(Ord. No. 3915 (part). Adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

On or before the date of expiration of a coastal development permit, the person holding the permit shall apply for a renewal (extension) of said permit if the development (a) cannot be completed, or (b) is proposed to continue, as the case may be, by the permit expiration date. Application for renewal shall be submitted in compliance with Section 20.720.025.

(A)

Notice for renewal (extension) of a coastal development permit shall be given pursuant to Section 20.720.040.

(B)

The renewal (extension) 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 the certified Town Plan; and

(2)

No written objection to granting of the renewal (extension) application without a public hearing is received within ten (10) working days after notice has been given pursuant to Section 20.720.040(D).

(C)

If the Director determines that there are changed circumstances that may affect the consistency of the project with this Division and the certified Town Plan, or if additional conditions are recommended or written objection to the renewal (extension) is received, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit, and the renewal (extension) shall be subject to the hearing and notice requirements of Section 20.720.045.

(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 eight (180) days, or for good cause for such additional

time as the Coastal Permit Administrator may determine.

(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 § 20.720.060 to read as set out herein. Previously § 20.720.060 was titled "Renewal."

Sec. 20.720.065 - Revocation or Modification.

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 20.720.030 and Section 20.720.045.

(A)

Grounds for Revocation or Modification. A coastal development permit may be revoked or modified by the County pursuant to the provisions of this section upon a finding of any one (1) 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A)

Any person who has obtained a coastal development permit pursuant to the provisions of this Division for any development 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

No application for a coastal development permit for a development, which has previously 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 the 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.080 - 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

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

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

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.090 - Permits for Approval of Emergency Work.

(A)

Purpose. This section describes procedures for processing applications for permits to perform work to resolve problems resulting from an "emergency," as defined in Section 20.608.024. 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 and approved pursuant to this Division.

(B)

Immediate Action Required. When immediate action by a person, or a public agency, is required to protect life or property from imminent danger, or to restore, repair, or maintain public works, utilities, or other

services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements for obtaining any permit under this Division may be waived upon notification of the Planning and Building Services Director or his/her designee of the type and location of the work required to address the emergency 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 ($25,000.00).

(C)

Method of Application. Applications in cases of emergencies shall be made to the Planning and Building Services Director or his/her designee by letter if time allows, and by telephone, electronic mail, facsimile, 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 Planning and Building Services Director or his/her designee 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 local 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 Planning and Building Services 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 20.736.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.720.095 - Procedures for Access and Open Space Easements and Documents Restricting Use.

The procedures pertaining to coastal development permits containing conditions for access, open space or conservation easements or the processing of other legal documents resulting from conditions of a coastal development permit which restricts use shall be the procedures set forth at sections 20.718.35 and 20.718.40.

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

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.724 - VARIANCES

Sec. 20.724.005 - Purpose.

A variance is an exception from zone restrictions governing setbacks, building heights, and lot widths that is 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 modify any other Mendocino Town LCP requirements development regulations or authorize uses or activities which are not otherwise expressly authorized by the Mendocino Town Plan and the regulations of this Division.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.724.010 - Original Jurisdiction (County).

The original jurisdiction of the County 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 a Mendocino Historical Review Board approval and said variance would be incidental and necessary to it the variance shall be designated as a concurrent variance and the application shall be reviewed by the Historical Review Board. Setback and building height exceptions reviewed by the Mendocino Historical Review Board shall not be subject to the requirements of this Chapter.

(B)

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

(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 § 20.724.010 to read as set out herein. Previously § 20.724.010 was titled "Original Jurisdiction."

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 payment.

(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 § 20.724.015, to read as set out herein. Previously § 20.724.015 was titled "Application and Fee."

Sec. 20.724.020 - Findings.

Before any variance may be granted or modified, the Coastal Permit Administrator or the Mendocino Historical Review Board, as applicable, shall find, on substantial evidence in the record as a whole:

(A)

That there are special circumstances applicable to the real 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 certified Town Plan of the Coastal Element of the General Plan; and

(C)

That such variance is necessary for the preservation and enjoyment of privileges possessed by other real property in the same vicinity and Zoning District and denied to the real 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 real property or improvements in such vicinity and zoning district in which the real 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 lot; and

(F)

That the granting of such variance is in conformity with all other provisions of this Division, the certified Mendocino Town Plan, and applicable public access and recreational policies of Chapter 3 of the Coastal Act, as amended (Public Resources Code Sections 30210—30224).

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.724.025 - Decisions.

(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 20.724.010(A) shall either:

(1)

Make such findings or other determination as is required by the applicable sections of this Division and approve the application. The variance may be granted 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 the applicable requirements of this Division, the certified Town Plan, or the public access and recreation policies of Chapter 3 of the Coastal Act (Public Resources Code Sections 30210—30224); 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 20.724.020 cannot be made.

(B)

Time Period.

(1)

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 once for a period not to exceed ninety (90) days with the written consent of the applicant and the department.

(2)

In the event that the Coastal Permit Administrator fails to act to approve or disapprove a development project within the time limits required above, the applicant may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956.

(3)

Failure to act — notice.

(a)

Notification by Applicant. If the Coastal Permit Administrator 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.

(b)

Notification by County. When the County determines that the time limits established pursuant to Government Code Sections 65950—65957.1 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 20.728.020. 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.

(C)

Public Hearing and Notice. A public hearing and notice shall be required in accordance with Chapter 20.720.

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

(Ord. No. 4395, § 2, 11-17-2017)

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.

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

Decisions of the Coastal Permit Administrator made pursuant to Section 20.724.025 (Decisions) that are not appealable to the Coastal Commission shall become final and effective on the eleventh (11th) day following the action of the Coastal Permit Administrator to approve or deny the variance, unless prior to said eleventh (11th) day an appeal of the decision is filed as provided by Chapter 20.728 (Appeals). Where a decision is appealable to the Coastal Commission, the decision 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.

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

• (Ord. No. 4395, § 2, 11-17-2017)

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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Any person holding a variance may apply for an amendment by complying with Section 20.724.015 (Application and Fees). 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 20.724.030 (Conditional Variance).

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

(Ord. No. 4395, § 2, 11-17-2017)

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 alterations or imposition of new conditions pursuant to Section 20.724.030 (Conditional Variance).

(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 my initiate an action to revoke or modify any variance granted or modified by the Coastal Permit Administrator.

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

Sec. 20.724.060 - 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 Mendocino Historical Review Board. If the Mendocino Historical Review Board has denied the variance, permission to reapply may be granted by the Mendocino Historical Review Board or the Board of Supervisors.

(C)

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.

(D)

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. 3915 (part), adopted 1995.)

Sec. 20.724.065 - 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. 3915 (part), adopted 1995.)

CHAPTER 20.728 - APPEALS

Sec. 20.728.005 - Declaration.

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, Mendocino Historical Review Board, Coastal Permit Administrator, Planning Commission, or Board of Supervisors made pursuant to the administration or enforcement of this Division.

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

(Ord. No. 4395, § 2, 11-17-2017)

(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 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 payment.

(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 20.728.015.

(C)

Notice shall be provided pursuant to Section 20.720.040.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.728.015 - Coastal Permit Administrator, Mendocino Historical Review Board, 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, Mendocino Historical Review Board 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 payment. Appeals from any decision of the Mendocino Historical Review Board also shall be accompanied by a statement supporting the grounds for the appeal as provided by Section 20.760.072.

(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 Mendocino Historical Review Board 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, Mendocino Historical Review Board, 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.728.015 to read as set out herein. Previously § 20.728.015 was titled "Coastal Permit Administrator, Mendocino Historical Review Board and Planning Commission Appeal."

Sec. 20.728.020 - Appeals to the Coastal Commission.

(A)

An appeal of an action to approve an application for a coastal development permit may be filed with the Coastal Commission by an applicant or any aggrieved person who has exhausted local appeals as specified in Title 14, California Code of Regulations, Section 13573 and Section 20.728.020 (D), or any two (2) members of the Coastal Commission. The appeal must comply with the requirements of Title 14, California Code of Regulations, Section 13111, and the appeal must be received by the Coastal Commission on or before the 10th working day after Coastal Commission receipt of the notice of final permit action on the coastal development permit from the County.

(B)

An action taken on a coastal development permit may be appealed to the Coastal Commission, pursuant to Public Resources Code Section 30603(a), 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)

Approved development that is 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)

Approved development that is not designated as the principal permitted use under the Coastal Commission-certified Town zoning ordinance or zoning district map;

(4)

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

(C)

The grounds for an appeal pursuant to Section 20.728.020(B) shall be limited, pursuant to Public Resources Code Section 30603(b), to (1) an allegation that the approved development does not conform to the standards set forth in the certified Town of Mendocino local coastal program or the public access policies of Chapter 3 of the Coastal Act (Public Resources Code Section 30210—30214), or (2) an allegation that any denied application for a major public works project or major energy facility development conforms to the standards set forth in the certified Town of Mendocino local coastal program and the public access policies of Chapter 3 of the Coastal Act (Public Resources Code Section 30210—30214).

(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 filing 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, that (1) notice of an appeal by any two (2) members of the Coastal Commission shall be promptly transmitted to the approving authority that rendered the final decision at the County and (2) such appeal to the Coastal Commission shall be suspended pending a decision on the merits by that local appellate body. If a decision of the local appellate body modifies or reverses the previous local final decision regarding the application for the coastal development permit that two (2) Coastal Commissioners appealed, the County shall issue a new notice of final local action, receipt of which by the Coastal Commission initiates a new ten (10) working day appeal period pursuant to Public Resources Code Section 30603(c).

(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 § 20.728.020 to read as set out herein. Previously § 20.728.020 was titled "Coastal Commission Appeals."

CHAPTER 20.732 - AMENDMENTS

The purpose of this Chapter is to provide procedures to change the boundaries of Mendocino Town land use classifications or Zoning Districts or to change any other provisions of this Division.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.732.010 - 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 payment.

(B)

An application for amendment of the text or map of this Division may also be initiated in conjunction with an application for an amendment of the Town Plan chapter 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 payment of a fee.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.732.015 - 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 application 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. 3915 (part), adopted 1995.)

Sec. 20.732.020 - 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, that any modification of the proposed amendment by the Board of Supervisors may 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:

(1)

The applicant for the amendment,

(2)

The Coastal Commission, and

(3)

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 by the Board of Supervisors of an application for an amendment to the certified Mendocino Town Local Coastal Program, or any of its components, shall not become effective until the amendment has been approved and certified by the Coastal Commission.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.732.025 - Abandonment of Proceedings.

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, by resolution, 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. 3915 (part), adopted 1995.)

Sec. 20.732.030 - 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. 3915 (part), adopted 1995.)

CHAPTER 20.736 - ENFORCEMENT

Sec. 20.736.005 - Officials, Duties.

(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 purposes where the same would be in conflict with the provisions of this 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. 3915 (part), adopted 1995.)

(A)

Violation of this Division may be an infraction, and may be punishable by fines as specified in Government Code Section 25132, and/or by civil fines as specified in Public Resources Code Section 30820. Such violations may also 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 to have occurred for each and every day a violation occurs after the first citation is issued, and for each day a separate violation is noted or upon which a continuing violation persists.

(B)

Any violation of provision 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.

(C)

Any person who demolishes, alters or constructs a building or structure in violation of this Division may be required to restore the building or structure and its site to its appearance prior to the violation. In addition to any other remedy, the County of Mendocino may obtain injunctive relief in any court of competent jurisdiction ordering the cessation or removal of work without the required approval.

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

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, use permits, variances, coastal development permits, business licenses, use and occupancy permits, and permits granted by the Mendocino Historical

Review Board pursuant to the Mendocino Historical Preservation District. 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 20.736.010 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.736.020 - Cumulative Remedies.

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

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

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. 3915 (part), adopted 1995.)

Sec. 20.736.030 - Notification of Litigation Concerning Development in the Coastal Zone and Attorney General Intervention.

Where the County has made a final decision on an application for a coastal development permit, 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.740 - SECOND RESIDENTIAL UNITS

The purpose of this Chapter is to regulate the development of new second residential dwelling units for the purpose of non-transient habitation in the Town of Mendocino, pursuant to the Coastal Act, and consistent with Section 65852.2 of the California Government Code, as amended. Second residential dwelling units are intended to provide affordable housing opportunities for long term residential use, which contributes substantially to the special community character of the Town. Second residential dwelling units are not intended to be used for transient habitation or as a visitor serving accommodation of any kind.

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

(Ord. No. 4395, § 2, 11-17-2017)

A second residential dwelling unit is an accessory use to a primary residential dwelling unit in all districts where such units are a principal permitted use, and may be permitted, subject to the criteria in Section 20.740.015, and upon issuance of a Coastal Development Administrative Permit, in the MTR, MRM, MMU, MSR, and MC Zoning Districts only on parcels larger than nine thousand (9,000) square feet; in the MRR-1 Zoning District on parcels larger than forty thousand (40,000) square feet; and in the MRR-2 Zoning District on parcels larger than forty thousand (40,000) square feet. An application for a Coastal Development Administrative Permit for a second residential dwelling unit shall not be subject to a County public hearing. A coastal development permit granted by the County that is appealable to the Coastal Commission pursuant to Section 30603 of the Coastal Act may be subject to a Coastal Commission public hearing on any appeal filed with the Commission.

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

(Ord. No. 4395, § 2, 11-17-2017)

A second residential dwelling unit may be permitted provided that all of the following are met:

(A)

The lot meets the requirements of Section 20.740.010.

(B)

The lot (parcel) contains an existing single family dwelling unit used for non-transient habitation.

(C)

The second residential unit does not exceed nine hundred (900) square feet.

(D)

An adequate water system as determined by the groundwater evaluation standards and procedures of Chapter 20.744 and as approved by the Mendocino City Community Services District is available to serve the second residential unit.

(E)

The Mendocino City Community Services District has certified that there is adequate sewage capacity for the second unit and, except in cases where the second unit is contained within the existing space of a single family residence or accessory structure, that the Mendocino City Community Services District has approved a connection for the second residential unit.

(F)

The second unit shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges and other zoning district requirements generally applicable to residential construction within the Zoning District in which the second residential unit is proposed to be located, except that a setback of no more than five (5) feet from the side and rear lot lines shall be required for a second residential unit constructed above a garage.

(G)

The second residential unit shall comply with appropriate County building code requirements.

(H)

Where a dwelling group is approved, no second residential units shall be allowed.

(I)

Nothing in this section shall prohibit an accessory living unit or family care unit from being converted into a second residential unit, consistent with the other provisions of this section.

(J)

Where the second residential unit is attached to the existing dwelling unit, that second unit shall:

(1)

Be located within the living area of the existing dwelling.

(2)

Not exceed fifteen (15) percent of the living area within the existing dwelling.

(K)

Whether attached or detached, all second residential dwelling unit permits shall require that a deed restriction be recorded prior to the commencement of development to ensure that all dwellings on the property will be used for non-transient habitation.

(L)

Attached or detached second residential units are not intended for sale or transient habitation, but may be rented for long term occupancy.

(M)

A second residential unit shall not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and shall be compatible with the character of the area.

(N)

All development associated with second residential units shall provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements.

(O)

A second residential unit shall not have a negative impact on the designated land use, on coastal resources, or on public access to and along the shoreline, and second units shall not be approved if identified impacts are contrary to the goals and policies of the Mendocino Town local coastal program.

(P)

Second residential dwelling units shall not be permitted in Planned Unit Development (PD) Combining Districts.

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

• (Ord. No. 4395, § 2, 11-17-2017)

CHAPTER 20.744 - GROUND WATER EVALUATION

It is the intent of this Chapter to establish requirements for the evaluation of the adequacy of ground water resources for development in the Town of Mendocino. This Chapter is adopted specifically to implement water policies in the Mendocino Town Plan portion of the Mendocino County General Plan Coastal Element.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.744.010 - Definitions.

(1)

"Adequate Water Supply" means sufficient quantities of water to support proposed uses and to maintain contiguous and surrounding uses as determined by the District or as defined by the Division of Environmental Health in its publication "Land Division Requirements," as revised.

(2)

"Adjacent" means any real property parcel that shares a common border with an applicant's parcel and all surrounding parcels that are separated by a road or easement.

(3)

"Adverse Effect" means depletion of the groundwater supply of hydrologically contiguous or surrounding parcels, or the lowering of water levels in existing wells, to the point where there is no longer an adequate water supply for the existing usages on the parcels; or an adverse cumulative impact, where a gradual lowering of groundwater levels will eventually lead to a depletion of the water supply. An adverse effect on the water table of a monitored well on surrounding properties shall be considered to occur if pumping at the maximum demand at the pumped well results in a water table drawdown at wells on adjacent properties which either:

(a)

Amount to more than ten (10) percent of the existing drawdown at such wells under conditions of maximum day water use demand; or,

(b)

Causes a decline (estimated or observed) in the existing well yield to a level which is less than ninety (90) percent of maximum day water demand for the adjacent property.

(4)

"Allotment" means the maximum amount of water an applicant may extract on a daily basis, as averaged over a thirty (30) day period.

(5)

"Applicant means any person as defined who applies for a groundwater extraction permit from the Mendocino City Community Services District.

(6)

"Aquifer" means a body of rock, sand and gravel that contains sufficient saturated permeable material to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs.

(7)

"Aquifer Test" means physical testing for evaluation of an aquifer to determine the existence of an adequate water supply and to provide data for the hydrological study. Similar to a hydrological study, but generally not as complex. Test to be conducted during hydrological testing period.

(8)

"Change in Use" means any change in use of property to a different use category as defined in the Mendocino Town Plan, e.g., from residential to commercial or visitor serving capacity.

(9)

"Changed Circumstance" means a hydrological change that diminishes water availability within the boundaries of the Mendocino City Community Services District or any part therein.

(10)

"Cleaning" means the removal of silt and other soft materials, but does not include removal of rock or rock materials.

(11)

"Cone of Influence" means the depression, roughly conical in shape, produced in a water table by the extraction of water from a well at a given rate. The volume of the cone varies with the rate and duration of withdrawal of water.

(12)

"Cumulative Impact" means two (2) or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonable foreseeable provable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. Cumulative impacts shall be discussed when they are significant. The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness. The following elements are necessary to an adequate discussion of cumulative impacts: Either:

(a)

A list of past, present and reasonably anticipated future impacts, including those projects outside the control of the District, or

(b)

A summary of projections contained in an adopted general plan or related planning document which is designed to evaluate regional or area-wide conditions.

(13)

"Deplete" means the lowering of ground water levels in an aquifer to the point where there is no longer an adequate water supply for existing uses.

(14)

"District" means the Mendocino City Community Services District.

(15)

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

(16)

"Groundwater" means that part of the subsurface water which is the zone of saturation, including underground streams.

(17)

"Hydrological Testing Period" means such time period that may be determined by the District based upon quantity and pattern of rainfall.

(18)

"Hydrology" means the science that deals with continental water (both liquid and solid), its properties, circulation and distribution, on and under the Earth's surface and in the atmosphere, from the moment of its precipitation until it is returned to the atmosphere through evapotranspiration or is discharged into the ocean.

(19)

"Hydrologist" means any person with a degree in hydrology who has five (5) years professional experience in the field of hydrology or who is a registered engineer or registered geologist with five (5) years professional experience in the field of hydrology.

(20)

"Hydrologically Contiguous Wells" means hydrologically contiguous or surrounding wells where there is a reasonable expectation that an impact on those wells may be created by the aquifer test or increase in water extraction.

(21)

"Hydrological Study" means a study of the hydrology of a defined area.

(22)

"New Development" means any project which requires a building permit according to County regulations other than those that conform to all conditions relating to water use established by County water extraction permits prior to the effective date of this Ordinance. Development of any new water source and any new development or change of use not in conformance to prior County permits shall require District approval.

(23)

"Person" includes any state or local governmental agency, private corporation, partnership, individual, group of individuals, owner(s) or developer(s) of a property, subdivision, or, to the extent authorized by law, any federal agency.

(24)

"Proof of Water Test" means an abbreviated hydrological quantity test conducted during the hydrological testing period used to determine "adequate water supply" as defined by this Division. Proof of water testing shall be in conformance with procedures as outlined in "Mendocino County Coastal Groundwater Development Division."

(25)

"Safe Yield" means the maximum quantity of water that can be withdrawn from an aquifer during the hydrological testing period or during drought without causing an undesirable result.

(26)

"Sustained Yield" means the maximum quantity of water which can be withdrawn from a water supply (well) during the hydrological testing period or a drought without causing an undesirable effect.

(27)

"Water Meter" means any device used to accurately measure water that is extracted from a groundwater source.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.744.015 - Uses Requiring a Hydrological Study.

(A)

A hydrological study shall be required in the Town of Mendocino for all development as defined in Section 20.608.023(C) except as provided in Section 20.744.025.

(B)

Hydrological studies required by this Chapter shall be performed during the hydrological testing period by a Qualified Hydrological Consultant.

(C)

Hydrological studies required by this Chapter shall be performed according to approved methods and procedures as determined by the District, or the Health Officer, and published in the Mendocino Groundwater Extraction Ordinance or the Mendocino County Division of Environmental Health's "Land Division Development Requirements" as revised.

(D)

Hydrological studies shall include, but not be limited to: flow rate measurements of wells and/or springs during the hydrological testing period, monitoring of the drawdown effects on adjacent wells other than the one (1) being tested, calculation of aquifer characteristics, including safe yield, and compilation of the data into a report. This report will be reviewed and interpreted by a third party, qualified hydrologist appointed by

not be limited to: flow rate measurements of wells and/or springs during the hydrological testing period, monitoring of the drawdown effects on adjacent wells other than the one (1) being tested, calculation of aquifer characteristics, including safe yield, and compilation of the data into a report. This report will be reviewed and interpreted by a third party, qualified hydrologist appointed by

the Health Officer or the District. Interpretation of the data in the report shall be made in the most conservative way so as to protect existing uses and insure sound groundwater management.

Qualified hydrological consultants shall certify the following:

(1)

(a)

Whether or not there is an adequate water supply during the dry summer months for the proposed development.

(b)

Whether or not there is an adequate water supply during drought conditions.

(2)

Whether or not the development as proposed will deplete the water supply for hydrologically contiguous wells.

(3)

An opinion about the cumulative impacts of the proposed water extraction on the aquifer.

(4)

Other findings specified by the District or the Health Officer.

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

(Ord. No. 4395, § 2, 11-17-2017)

New development or a new use shall not be approved if the water needs of such development, as determined by the District or Health Officer, cause any of the following to occur:

(A)

The groundwater extraction would have an adverse effect on the ground water supply.

(B)

The evidence shows that there is insufficient groundwater to support the change in use and/or new development.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.744.025 - No Increase in Water Extraction.

A hydrological study will not be required in cases where it has been determined by the District or Health Officer that the development will not have any foreseeable impact on hydrologically contiguous wells.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.744.030 - Second Residential Units.

For purposes of this Chapter, Second Residential Units are new developments, and subject to all of the requirements for hydrological studies or proof of water required by other sections of this Chapter.

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

CHAPTER 20.748 - SINGLE UNIT RENTALS AND VACATION HOME RENTALS

The purpose of this Chapter is to assist in the preservation of the Town's designation as a special community and the restoration of its residential character while allowing for certain limited commercial visitor oriented uses outside the Commercial District. In order to maintain a balance between the long-term housing needs of the community and visitor oriented uses consistent with the requirements of the Coastal Act, it is necessary to regulate the location, conduct, operation and number of single unit rentals and vacation home rentals as defined by this [section].

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.748.010 - Applicability.

The provisions of this Chapter shall apply to the establishment of Single Unit Rentals and Vacation Home Rentals in all Zoning Districts within the Town of Mendocino. New Vacation Home Rentals shall be restricted to the MU and MC Zoning Districts. Existing licensed Vacation Home Rentals in excess of the number of allowed establishments, and Vacation Home Rentals located in residential zoning districts, shall be phased out as business licenses are abandoned or expire.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.748.015 - Regulation.

Single Unit Rentals and Vacation Home Rentals are subject to the licensing requirements of Chapter 6.04 (Business License Tax) of the Mendocino County Code. In some cases the creation or use of a Single Unit Rental or Vacation Home Rental is a form of development as defined in Section 30106 of the Coastal Act and Section 20.608.023(E) of the Mendocino Town Zoning Code and requires a coastal development permit pursuant to Section 30600 of the Coastal Act.

Prior to the issuance of any new license for a Single Unit Rental or Vacation Home Rental, the Applicant must first apply to the Department of Planning and Building Services for certification that the Single Unit Rental or Vacation Home Rental is authorized by any required coastal development permit and is in conformity with all applicable planning and building standards, including, but not limited to, the location and number of such licenses allowed pursuant to this Chapter and the Mendocino Town Policies GM-3(b) (1) and (2), GM-3(c), and GM 14.1. Certification by the Department of Planning and Building Services shall be deemed to satisfy the minor use permitting requirements of this Chapter for licensed Single Unit Rentals and Vacation Home Rentals in the Town.

(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 § 20.748.015 to read as set out herein. Previously § 20.748.015 was titled "Permit."

Sec. 20.748.020 - Standards.

Single Unit Rentals and vacation home rentals shall meet all of the following requirements:

(A)

Number of Units.

(1)

To preserve Town character and maintain the Town as a residential community with limited commercial services, the County shall maintain no more than ten (10) Vacation Home Rentals and twenty (20) Single Unit Rentals subsequent to the effective date of this Section. The County shall not require any reduction in the number of licensed Vacation Home Rentals or Single Unit Rentals in existence on the date of certification by the Coastal Commission of this Section.

(2)

No application for a new Single Unit Rental or new Vacation Home Rental shall be granted unless there are fewer than twenty (20) licensed Single Unit Rentals, or ten (10) licensed Vacation Home Rentals, respectively.

(B)

Taxes. Licensed Single Unit Rentals and Vacation Home Rentals shall be subject to Chapter 520 (Uniform Transient Occupancy Tax).

(C)

Primary Use.

(1)

Licenses and any required coastal development permit for a new Single Unit Rental may be granted only in conjunction with an existing residential dwelling unit or commercial use on the same site.

(2)

Licenses and any required coastal development permit for a new Vacation Home Rental may be granted only when there is no other use on the property except an existing single family dwelling unit, and where the Vacation Home Rental is not located in any residential Zoning District.

(D)

Term. A license for a Single Unit Rental shall run with the ownership of the land, subject to all other applicable license requirements, but is not otherwise transferable.

(E)

Transferal. Vacation Home Rental licenses shall not be transferable to another location, person, or entity, except that the property owner may transfer the license to a spouse/domestic partner, child, parent, or, for estate planning purposes, to a trust in which the property owner serves as a trustee, which shall not be deemed a change in ownership for purposes of Section 6.04.070(g) of the County Code.

(F)

Priority. Applications for Single Unit Rentals and Vacation Home Rentals shall be considered and acted upon in chronological order from the date the application is received, except that licenses for a Vacation Home Rental shall be granted only after all pending applications for Single Unit Rental have been considered.

(G)

A second residential dwelling unit may not be converted to a Single Unit Rental.

(H)

Noise Limitations. Vacation Home Rental and/or Single Unit Rental uses shall not create noise impacts to surrounding properties and 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 30 Minutes in an Hour) and Table 3-L, Maximum Acceptable Interior Noise Levels Created by Exterior Noise Sources.

(I)

The Department of Planning and Building Services shall maintain a status log of all licensed Single Unit Rentals and Vacation Home Rentals in the Town. If there are more applicants for Single Unit Rental and Vacation Home Rental licenses than the number allowed pursuant to the Town LCP, the Department of Planning and Building Services shall also maintain a waiting list from which future vacancies shall be filled. The Department of Planning and Building Services shall receive notification if a licensee fails to remit payment of Transient Occupancy Tax or fails to renew said license. At such point as the license expires without renewal, or is revoked for failure to pay the required tax, or in the case of a Vacation Home Rental, a

change in the ownership of the licensed property to other than a trust in which the licensee is a trustee occurs, application for that license shall become available to the waiting list in the order received.

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

• (Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.748.025 - Reserved.

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017, repealed § 20.748.025 in its entirety. Former § 20.748.025 pertained to "Exemption," and was derived from Ord. No. 3915 (part), adopted 1995.

CHAPTER 20.760 - HISTORICAL PRESERVATION DISTRICT FOR TOWN OF MENDOCINO

Sec. 20.760.005 - Purpose.

The Board of Supervisors of the County of Mendocino find and declare that the Town of Mendocino and its immediate environs represents a unique and outstanding example of early California architecture and town development associated with the redwood lumber industry along the Mendocino Coast in the last half of the 19th century. The Town of Mendocino exhibits those qualities typical of a small Northern California coastal lumber town from that era by combining a balance of residential and commercial development with the forces of nature and the natural environment.

This Board further finds that much of the unique character of this community rests with the style of architecture which dominates the town and which is representative of early northern California architecture, to the extent that it has achieved recognition by being placed on the National Register of Historic Places. This character is reflected by the Town's distinctive mixture of weathered wooden commercial and residential structures sited to allow some unobstructed views of the ocean, bay and river from public streets, by the balance of the size and scale of its buildings, by its foot paths and back streets, by the presence of native vegetation, and by the architectural mix of its structures which contributes to the historical quality of the community.

inctive mixture of weathered wooden commercial and residential structures sited to allow some unobstructed views of the ocean, bay and river from public streets, by the balance of the size and scale of its buildings, by its foot paths and back streets, by the presence of native vegetation, and by the architectural mix of its structures which contributes to the historical quality of the community.

Therefore, the Board finds that a Historical Preservation District is needed to preserve the architecture and character of this community. It further finds that the preservation of many buildings, representative of early northern California architecture within the Town of Mendocino is essential to the economic and cultural development of Mendocino, and to the economy of the Town and of the County, which is in large measure based on tourism and visitors who have been attracted to the town in substantial numbers.

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

Sec. 20.760.010 - Designation of District

In addition to the use regulations provided in this division there is hereby established the Mendocino Historical Preservation District which shall be an overlay district applying to the following unincorporated areas of the Town of Mendocino:

(A)

That area bounded on the north by Slaughterhouse Gulch, on the south by the waters of Big River and Mendocino Bay, on the west by the Pacific Ocean and the east (north of Little Lake Road) by those parcels fronting on the west side of Gurley Street (south of Little Lake Road), following the present Sewer District/Town Plan boundaries as per drawing (Assessor's Parcel Book 119, Pages 10 and 11).

(B)

Excepting that subdivision commonly known as Point of View Estates, and Assessor's Parcel Numbers 119-140-35, 119-070-13, 119-070-11, 119-140-05, 119-140-31, 119-140-36, 119-140-37, 119-140-38) (November 28, 1978, Reed vs. County of Mendocino #44860); all that real property situated in the County of Mendocino, State of California, described in Exhibit "A," which is incorporated herein by reference and is available for public inspection at the office of the Mendocino County Office of the Clerk of the Board of Supervisors, 501 Low Gap Road, Ukiah. Such area shall be subject to the provisions of this Chapter.

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

(Ord. No. 4395, § 2, 11-17-2017)

Within the Historical Preservation District as described in Section 20.760.010 of this Chapter there are established Historical Zones as follows:

(A)

Historical Zone A is all that area within the Historical Preservation District located west of California State Highway 1.

(B)

Historical Zone B is all that area within the Historical Preservation District located east of California State Highway 1.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.020 - Establishment, Power, Duties and Responsibilities of Historical Review Board.

There is hereby established a Historical Review Board, hereinafter called "Review Board," whose function is to preserve the architecture and character of the Historic District, whose duties are to review all applications for development as described in Sections 20.760.030 and 20.760.035, within the Historical District and whose responsibility is to protect the landmark status of buildings, ensuring development is compatible with surrounding development.

Said Review Board shall consist of five (5) members who shall be electors and residents within the Historic District and, to the extent possible, represent a cross section of the community. In making its appointment(s), the Board of Supervisors may consider the applicant's length of residency within the Historic District as an important element in the selection process.

All Review Board members shall be appointed by the Board of Supervisors to serve a term of three (3) years. No members of the Review Board shall serve more than two (2) full consecutive terms without a break in service, excluding a partial term of less than eighteen (18) months. "Break in service" as used in this section shall mean a period of not less than three (3) years after the time a person has served on the Review Board.

Review Board members must retain their eligibility under the terms of this section throughout their term of office.

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

Sec. 20.760.025 - Definitions.

In addition to the definitions provided in Chapter 20.608, the following supplemental terms used in this Chapter shall be defined as set forth herein:

(A)

"Alteration." See Section 20.608.020.

(B)

"Exterior of a Structure." See Section 20.608.024.

(C)

"Historically Important" means any structure where the construction date is known or closely estimated, research regarding its history is in progress, and the architecture has been modified.

(D)

"Landmark Structure." See Section 20.608.031.

(E)

"Outdoor Advertising Sign" means any sign or structure of any character erected, altered, relocated or maintained for any commercial purposes, whether or not on or attached to a building or structure, except notices lawfully attached to any public notice or public signboard approved by the Review Board.

(F)

"Outdoor Lighting" means any exterior lights or lighting systems designed or maintained to light the exterior of a structure, streets, pedestrian walkways, doorways, stairs and similar areas.

(G)

"Street Vending" means the displaying, offering or solicitation for sale or the actual sale of goods, food, wares, merchandise, artwork or similar items on a public street or sidewalk with the receipt or expectation of consideration. Street vending does not mean the displaying, offering or solicitation for sale or the actual sale of crab, fish, agricultural products and firewood on and east of Lansing Street, and such activities as

the distribution or offering, with or without the receipt of consideration, of printed written or similar material of information.

(H)

"Structure." See Section 20.608.038.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.030 - Work in Historical Zone A Requiring Approval.

None of the following activities shall be commenced or continued within Historic Zone A, nor shall any building, demolition or any other permit necessary for such work, be issued without prior approval of the Review Board except as specifically provided in Section 20.760.040.

(A)

The construction, reconstruction, rehabilitation, demolition, enlargement, repair, resisting or removal of any building or structure; or the alteration of the exterior architecture of any building or structure;

(B)

Demolition or removal of any structure of a value of over one hundred dollars ($100.00) or having a square footage area of over one hundred twenty (120) square feet;

(C)

Any excavation of, or deposit of material upon, land in such a manner as to materially alter the existing contour or condition of the land, including leveling, grading, piling, paving or installation of retaining walls;

(D)

All fences and/or exterior dividing walls;

(E)

Walkways and driveways;

(F)

Construction, erection, installation, relocation or alteration of any outdoor advertising sign, whether lighted or unlighted, including new sign copy except as exempted in Section 20.760.040, and any indoor commercial self-contained lighted sign which is visible from a walkway normally used by the public;

(G)

Any outdoor lighting as defined herein;

(H)

Any painting of the exterior of a newly constructed building or structure, or any painting of the exterior of an existing building or structure;

(I)

Any construction of public utility poles and street lights;

(J)

Placement of commercial dumpsters;

(K)

Any construction related to landscaping in excess of six (6) feet in height.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.035 - Work in Historical Zone B Requiring Approval.

None of the activities identified in Section 20.760.030 shall be commenced or continued within Historical Zone B, nor shall any building or other permit necessary for such work be issued, without the prior approval of the Review Board where such activity is capable of being seen by a person standing on any point in Historical Zone A.

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

The following activities shall be exempt from the provisions of this Chapter:

(A)

Single story detached accessory buildings used as tool and storage sheds, or similar uses, provided the combined roof area does not exceed one hundred twenty (120) square feet, and the height of the building does not exceed ten (10) feet from ground level, roofs do not contain skylights, materials are wood, design is harmonious with existing neighboring structures; and such accessory buildings are located unobtrusively inside of rear yards.

(B)

Lean-to firewood storage and general storage shelters not exceeding six (6) feet above grade, sixty (60) square feet in floor area, and constructed with unpainted wood harmonious with existing structures and detached from the main structure or any landmark structure (as identified in the Inventory of Historic Buildings in Appendix 1 of the certified Mendocino Town Plan).

(C)

Routine maintenance of existing structures where materials used match existing, and, where no alteration of height, dimensions, or exterior architecture of such structures will occur.

(D)

Wood construction decks, less than one hundred (100) square feet, less than thirty (30) inches high from grade to top of deck floor, without railings.

(E)

Fences constructed of wood that are less than six (6) feet in height.

(F)

The following temporary signs:

(1)

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 sale or lease of the property.

(2)

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

(3)

Political signs pertaining to a scheduled election shall be permitted provided that they shall be removed within fifteen (15) days after the election.

(G)

The following special purpose signs:

(1)

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

(2)

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

(3)

Danger signs solely for the purpose of protecting the safety of public.

(4)

House numbers.

(5)

"Open" or "closed" sign provided that only one (1) such sign is located at each business entrance, only the words "open" or "closed" appear on the sign and the sign does not exceed forty-eight (48) square inches.

(6)

One (1) permanent menu board for each public entrance to a restaurant, cafe or other eating establishment provided the menu board is no larger than two (2) square feet.

(H)

Copy changes on legally existing signs provided that the Planning and Building Services Department has determined that the replacement or revised sign:

(1)

Conforms to sign size and design standards contained in this Chapter and Chapter 20.712; and

(2)

Is similar in color and design to the original sign; and

(3)

Is not larger than the original sign; and

(4)

Is in the same location on the property as the original sign.

(I)

Routine maintenance repainting of any building or structure in the same basic shade of color.

(J)

Outdoor lighting for doorways and stairs provided that the lighting is shielded, reflected downward and positioned in a manner that does not allow light glare to extend beyond the boundaries of the parcel on which it is placed.

(K)

Changes to existing roofing materials provided that the Planning and Building Services Department has determined that the roof is to be of wood shingles, or composition or other fire retardant material, which gives the appearance of wood.

(L)

New concrete foundations under existing structures where the new foundation does not raise the height of the existing building by more than six (6) inches, and where there will be no more than ten (10) inches of

concrete visible.

(M)

Window signs located within a structure (See Chapter 20.712).

(N)

Reconstruction of an existing sidewalk and immediate area in exact replication of the undamaged original sidewalk and immediate area.

(O)

Rain water, groundwater and/or potable water storage tanks located behind existing buildings, substantially below grade, and effectively screened from public view, or clad in unpainted wood materials and located behind existing buildings. Mendocino Historical Review Board approval is required for rain water,

groundwater, and/or potable water storage tanks when total combined lot coverage on the site exceeds fifty (50) percent. Rain water, groundwater and/or potable water storage tanks shall not count against lot coverage, except where total combined lot coverage exceeds fifty (50) percent.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.045 - Activities in All Historical Zones Requiring Approval.

No mobile home, trailer, camper home, tents, teepees, utility trucks, inoperable cars, satellite dishes, solar collecting devices, metal wind devices and other mechanical equipment shall be constructed, installed, kept or stationed on a regular basis in an uncovered, visible area in any portion of the Historic Preservation District after the effective date of this Ordinance without the prior approval of the Review Board.

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

It is the intent of this Section to provide standards which shall be used by the Review Board when considering applications subject to the provisions of this Chapter:

(A)

Size, forms, materials, textures and colors shall be in general accord with the appearance of structures built in Mendocino prior to 1900. To this end they shall be in general accord with the designs as exemplified, but not limited to, those depicted in the photographs contained in Exhibit "B," a book of photographs which is incorporated herein by reference and is available for public inspection through the Clerk of the Mendocino Historical Review Board. This section shall not be interpreted as requiring construction to be with the forms, materials, textures, colors or design as used in Mendocino prior to 1900, but only that the construction be compatible with and not in disharmony with the architectural standards herein expressed.

(1)

All activities subject to this Chapter shall relate to the area in which it is located through texture, size, proportion, height, form, style, siting, materials and relationship to surrounding structures. Contemporary design is not expressly prohibited,

(2)

The excessive use of glass is discouraged.

(3)

The architecture, size, materials, details, proportion, height, texture, color, facade treatment and fenestration of the work proposed insofar as the same affects the appearance of the subject property and other property within the district.

(4)

Fences should be of wood, iron or plant materials. Retaining walls should be of dry stone, stone masonry or wood.

(5)

Sidewalks of brick, flagstone, or board are allowed. Driveways of grass, gravel or turfstone pavers are allowed. Major coverage of front yard setbacks is prohibited.

(6)

Lighting: If sign lighting is required, it shall be indirect, restricted to business hours only, and shall not create a glare or reflection onto adjacent properties or public streets. Neon lighted signs are prohibited. Indoor lighted signs visible to the public from outside the building are subject to the approval of the Mendocino Historical Review Board.

(7)

Utility poles and street lighting: Street lighting shall be limited to only that necessary for safety to light streets and pedestrian walkways.

(8)

Signs:

(a)

Signs should be made of wood.

(b)

Only one (1) sign will be allowed per business when one (1) sign will suffice.

(c)

Use of a "directory" type sign is recommended for buildings containing more than one (1) business and using a common entrance.

(d)

Size, design and location of sign shall be in harmony with the building and surrounding buildings.

(e)

Signs shall not block public views or lines of sight. Signs flush to building are preferable; signs perpendicular to building are permitted under special circumstances.

(f)

Signs advertising businesses outside of the Historic District or advertising local businesses not located on the same property are prohibited.

(9)

Exterior painting: In the use of paint color schemes involving more than one (1) color, the "accent" color shall be limited to those parts of the structure, defined herein:

(a)

Basic color: applied to exterior siding.

(b)

Trim color: applied to soffits, fasciae, and trim.

(c)

Accent color: applied to window frames, mullions, muntins and doors.

(10)

Dumpsters shall be effectively screened from public view.

(11)

Landscaping: Any construction related to landscaping in excess of six (6) feet in height shall be compatible with and not in disharmony with the existing structure(s) in the property or other structures in the District.

(B)

In order to further amplify and illustrate the descriptions or definitions of Mendocino architecture prior to 1900, and to furnish more complete details, architectural elements and composition thereof, the Review Board may from time to time submit additional illustrations, photographs and definitions, which, when approved by resolution of the Board of Supervisors of Mendocino County, shall be additional standards applicable in the Historical Preservation District.

(C)

To determine whether activities subject to this Chapter will be in conformance with the standards set forth above, the Review Board shall evaluate the following elements of each application proposal:

(1)

Height. The height of any new development and of any alteration or new construction to a landmark structure shall be compatible with the style and character of the structure and with surrounding structures in the same Historical Zone.

(2)

Proportions of Windows and Doors. The proportions and relationships between doors and windows of any new development and of any proposed alteration or new construction to a landmark structure shall be compatible with the architectural style and character of the structure and with surrounding structures in the same Historical Zone.

(3)

Relationship of Building Masses and Open Spaces. All new development shall provide open space areas and the relationship of the siting of any development to the open space between it and adjoining structures shall be compatible. All development shall be compatible with public views to the sea and to landmark and historically important structures.

(4)

Roof Shape. The design of the roof of any new development and of any proposed alteration or new construction to a landmark structure shall be compatible with the architectural style and character of the structure and surrounding structures in the same Historic Zone.

(5)

Landscaping. Landscaping shall be compatible with the architectural character and appearance of adjacent landmark and historically important structures and surrounding structures, landscapes and public views in the same Historic Zone. Landscaping shall be used to effectively screen on-site parking areas where appropriate.

(6)

Scale. The scale of any new development or alteration or new construction to an existing structure shall be compatible with the architectural style and character of existing and surrounding structures in the same Historic Zone.

(7)

Directional Expression. Facades shall blend with other structures with regard to directional expression and structures shall be compatible with the dominant vertical expression of surrounding structures. The

directional expression of a landmark and/or historically important structure after alteration, construction or partial demolition shall be compatible with its original architectural style and character.

(8)

Architectural Details. Where any alteration, demolition or new construction is proposed for a landmark or historically important structure, architectural details, including materials, color, textures, fenestration and ornamentation shall be treated so as to make the structure compatible with its original architectural style and character, and to preserve and enhance the architectural style and character of the structure.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.055 - Application Procedures.

Any person proposing to perform any activity subject to the provisions of this Chapter shall submit all of the following to the Department of Planning and Building Services:

(A)

Four (4) completed copies of a permit application form.

(B)

Four (4) copies of a plot plan drawn to scale and of a size sufficient to determine conformity with this Chapter, depicting the following:

(1)

Property lines of the parcel upon which the development is proposed;

(2)

Location of all existing structures on the property and the proposed location of all new development;

(3)

Location of any easements, right-of-way, utility lines or similar facilities affected by the proposed development;

(C)

Four (4) copies of exterior dimensioned building elevations (all sides) and/or sign detail, drawn to scale, including height from grade to peak of roof; sizes, materials and colors to be used for exterior siding, roofs, windows, doors and appurtenances. For new construction on vacant lots and substantial additions to existing structures, a streetscape may be required which clearly depicts a comparison of the proposed work in relation to the height and size of structures on adjoining properties.

(D)

A statement of the ownership of the subject property, and the applicant's interest in the subject property. If the applicant is not the owner, the owner's signature of consent.

(E)

A written statement from the applicant showing the present and proposed use of the property and all contiguous properties.

(F)

A fee set by resolution of the Board of Supervisors.

(G)

(1)

All proposed development to implement the storm water management and erosion control requirements of Chapter 20.717 on a single parcel (lot) shall be reviewed pursuant to the Building Permit requirements of the Mendocino Zoning Code.

(2)

Proposed development to implement the storm water management and erosion control requirements of Chapter 20.717 on more than one (1) parcel, or in whole or part on a highway, road, street, or alley, shall be reviewed pursuant to the Coastal Development Permit requirements of the Mendocino Town local coastal program.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.060 - Processing of Applications.

Upon receipt of an application for an MHRB approval, the application shall be processed as follows:

(A)

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

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.

During Application Check, the department 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.

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 or under policies adopted by resolution to administer this division, the applicant may file an Administrative Appeal pursuant to Section 20.728.010. The appeal shall be made in writing to the department and accompanied with evidence supporting the applicant's belief that the application is complete shall also be submitted at the time the request for review is made.

If the application is not completed by the applicant within six (6) months after original receipt of the application, it will be deemed withdrawn. A new application may be made subject to the filing of fees, in accordance with Section 20.760.055 of this chapter.

(B)

Project Review. Upon acceptance of an application as complete, the Planning and Building Services Department shall study the project for conformance with all applicable requirements of this chapter. The department 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 department shall prepare a written report with findings and evidence in support thereof.

(C)

Hearing and Notice. Within fifty (50) days from the date an application is deemed complete, the Review Board shall hold a public hearing on the application. At least seven (7) days prior to such hearing, notice of the time and place of the hearing and of the Review Board's intention to consider the application shall be posted:

(1)

On the subject property in a manner best calculated to give public notice,

(2)

In two (2) other public places within the District,

(3)

On the Planning and Building Services Department web site,

(4)

Mailed, by first class mail or email, to all property owners within one hundred (100) feet of the boundary of the lot (parcel), excluding any road, street, or alley,

(5)

Mailed by first class mail to the Coastal Commission,

(6)

Mailed to any person who has requested notice in writing to the Mendocino Historical Review Board or Planning and Building Services Department, and

(7)

A copy thereof shall be mailed to the applicant at the address shown on the application.

(D)

Action by the Review Board. At the scheduled public hearing, or at any other time to which said public hearing may be continued, the Review Board shall consider the application, shall hear and consider all arguments and evidence presented for or against the proposed work, and shall take action by majority vote of the members of the Review Board present. Any one (1) or a combination of the following four (4) different actions may be made for each application:

(1)

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

(2)

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

(3)

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

(a)

The application cannot be conditioned by adequate requirements to insure compliance with this chapter; or

(b)

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

(c)

The proposed development would adversely affect a landmark structure.

(4)

An applicant may withdraw any application prior to the Review Board'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 as provided in this chapter.

(E)

Decision by Review Board. The decision of the Review Board shall be in writing and shall specify the basis therefor. In the event that the decision is conditional it shall specify the conditions or requirements to be met by the applicant as a condition of approval.

(F)

Time Period. Within one-hundred eighty (180) days of filing of a complete application the Review Board shall take such action as is specified in Subsection (D) of this section. The one-hundred eighty (180) day time period may be extended ninety (90) days with the written consent of the applicant. If the Review Board does not act within the specified time period or extension thereof, the application shall be deemed to have been approved.

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

(Ord. No. 4395, § 2, 11-17-2017)

Sec. 20.760.065 - Findings.

The granting or modification of any application by the Review Board shall be supported by findings which establish that:

(A)

The exterior appearance and design of the proposed work is in harmony with the exterior appearance and design of existing structures within the District and with that of the existing subject structure, if any; and

(B)

The appearance of the proposed work will not detract from the appearance of other property within the District; and

(C)

Where the proposed work consists of alteration or demolition of an existing structure, that such work will not unnecessarily damage or destroy a structure of historical, architectural or cultural significance.

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

Sec. 20.760.070 - Effective Date.

Decisions of the Review Board shall become final and effective on the eleventh (11th) day following its action to approve or deny the application unless prior to said eleventh (11th) day an appeal of the decision is filed.

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

Sec. 20.760.072 - Appeals.

(A)

Appeals from a decision of the Review Board shall be based upon the information available in the public record on the date of the Review Board's decision, and no new information shall be submitted except a statement supporting the grounds for appeal. Appeals shall be filed as provided by Chapter 20.728.

(B)

The grounds for appeal shall be limited to one (1) or more of the following allegations:

(1)

That the exterior appearance and design of the approved work is not in harmony with the exterior appearance and design of existing structures within the District and with that of the existing subject structure, if any;

(2)

That the appearance of the approved work will detract from the appearance of other property within the District;

(3)

Where the approved work consists of alteration or demolition of an existing structure, that such work will unnecessarily damage or destroy a structure of historical, architectural or cultural significance;

(4)

That the action of the Review Board is inconsistent with a specific section or sections of this Division;

(5)

That the project was denied.

(C)

All appeals shall be accompanied by a statement which supports one (1) or more of the grounds for appeal. Where a project has been denied, the appellant's statement must demonstrate how the denied proposal would conform with Section 20.760.065.

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

Each issued MHRB approval shall expire and become null and void at the expiration of two (2) years after the application is granted. For the MHRB approval to remain valid, progress toward completion of the project must be continuous; provided, that any approval that has vested shall not expire.

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

(Ord. No. 4395, § 2, 11-17-2017)

No application which has been previously denied and is not substantially changed, will be accepted by the Review Board for a period of six (6) months from the date of denial.

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

The Department of Planning and Building Services for the County of Mendocino shall enforce the provisions of this chapter.

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

Sec. 20.760.090 - Penalties for Violations.

Penalties for violations are regulated by Chapter 20.736.

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

Sec. 20.760.095 - Street Vending.

No person or persons shall, within the Historical Preservation District, engage in the activities defined herein as "street vending." Notwithstanding any other provision of this chapter to the contrary, violation of this section is hereby declared to be an infraction punishable upon conviction by a fine up to fifty dollars ($50.00); this section of this chapter shall be enforced by the Mendocino County Sheriff.

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

All buildings and structures of historic significance (as described in the Inventory of Historic Buildings, Appendix 14, "Historic Structures" of the Mendocino County Local Coastal Plan dated August 17, 1983, as amended) in the Mendocino Historic Preservation District shall be preserved against decay, deterioration and structural defects.

It shall be the responsibility of the owner or other person(s) having legal possession and control of such buildings and structures to ensure there is reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction and perpetuation consistent with the intent of this chapter.

(A)

Standards. Maintenance and upkeep of all exterior portions of such buildings and structures; and, all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay, or become damaged or otherwise fall into a state of disrepair.

Those standards of the 1982 Edition of the "Uniform Code for the Abatement of Dangerous Buildings" (Health & Safety Code #17.92a3), or any successive statute defining "substandard buildings" and the regulations promulgated thereunder, shall be used as standards for this section.

Maintenance upkeep shall include, in addition to the above, waterproofing of exterior walls, roofs, foundations or floors, replacement of broken windows or doors; weather protection of exterior wall coverings; and correction of any fault or defect in the building/structure which renders it structurally unsafe or not properly watertight.

(B)

Hardship Waiver. The owner of real property, subject to this section, who believes an insurmountable financial hardship exists may apply for a waiver of this section by making written application to the County Board of Supervisors.

The Board of Supervisors shall schedule an appointment within thirty (30) days, in order to make a determination as to whether or not a financial hardship exists. The property owner shall have the burden to establish a financial hardship exists and may submit financial data, cost estimates, and information on availability of public funding to assist in making the repairs.

The Board of Supervisors shall consider all of the information submitted and make a determination in writing as to whether or not a financial hardship exists. If the Board of Supervisors determines that a hardship exists an ordinance enforcement waiver shall be issued for a specified time period of twelve (12) months with provisions for renewal.

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

CHAPTER F-20 - ZONING (COASTAL) (Repealed by Ord. 3915)