To: BOARD OF SUPERVISORS
From: Planning and Building Services
Meeting Date: November 5, 2024
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Department Contact: |
Julia Krog |
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707-234-6650 |
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Department Contact: |
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Phone: |
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Item Type: Regular Agenda |
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Time Allocated for Item: 30 Minutes |
Agenda Title:
title
Discussion and Possible Action Regarding a Hardship Waiver Application Pursuant to Mendocino County Code section 20.760.100 for the Property at 45040 Main Street, Mendocino (APN 119-238-10) Requesting Demolition of an Existing Water Tower
(Sponsor: Planning and Building Services)
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Recommended Action/Motion:
recommendation
Determine that the existing water tower is not eligible for a Hardship Waiver and the demolition of the water tower is not a remedy provided for by Mendocino County Code section 20.760.100.
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Previous Board/Board Committee Actions:
In 1995 the Board adopted Ordinance No. 3915, which included Mendocino County Code section 20.760.100 Duty to Maintain.
Summary of Request:
A Hardship Waiver application was submitted to the Mendocino County Board of Supervisors on October 16, 2024. The Hardship Waiver application is regarding the water tower at 45040 Main Street in Mendocino and requests “approval of a Hardship Waiver from the Mendocino County Board of Supervisors to demolish this structure.”
The Hardship Waiver application process is discussed in Mendocino County Code (MCC) section 20.760.100 Duty to Maintain. This section of County Code requires that “all buildings 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.” This section requires that it is the responsibility of property owners to ensure there is reasonable care, maintenance and upkeep consistent with the standards in subpart (A) to historic structures. Subpart (B) allows for a property owner to submit a Hardship Waiver application and if granted by the Board of Supervisors provides “an ordinance enforcement waiver…for a specified time period of twelve (12) months with provisions for renewal.”
In regards to the water tower at 45040 Main Street in Mendocino, the water tower is attached to a Category IVb structure as listed in the Inventory of Historic Buildings, which is considered non-historic and would not be subject to the Duty to Maintain provisions under MCC section 20.760.100. In addition, the remedy of subpart (B) only provides that the Board may issue an “ordinance enforcement waiver” for a specified time period of twelve months, which can be renewed. This section does not provide for a remedy of demolition of a building. The only remedy is that the County would be unable to enforce any duty to maintain a structure for a twelve-month period.
A Hardship Waiver under MCC section 20.760.100 does not supersede the requirement for a property owner to obtain a permit from the Mendocino Historical Review Board pursuant to MCC section 20.760.030 for work in Historical Zone A requiring approval, which includes demolition of certain structures.
Alternative Action/Motion:
Provide direction to staff.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 5
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y: N/A |
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if no, please describe: |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: N/A
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved |
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Date: November 5, 2024 |
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