To: BOARD OF SUPERVISORS
From: Planning and Building Services
Meeting Date: May 19, 2026
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Department Contact: |
Liam Crowley |
Phone: |
707-234-6650 |
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Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 1.5 Hours |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action Including 1.) Consideration of an Appeal of the Planning Commission’s Denial of Use Permit and Variance, and 2.) Adoption of a Resolution Reversing the Planning Commission’s Denial and Approving Use Permit U_2021-0016 to Establish and Operate a Gas Station with Ten (10) Gas Pumps, Two (2) Separate Illuminated Canopies, Thirty (30) New Parking Spaces, Landscaping, Conversion of Part of an Existing Structure to a Convenience Store, and Partial Approval of Concurrent Variance V_2021-0005 to Increase the Allowable Sign Area and Reduce the Front Yard Setback, and Partial Denial of Concurrent Variance V_2021-0005 for a Sixty Five (65) Foot Tall Business Identification Sign; located at 9621 and 9601 North State Street, Redwood Valley; APNs: 162-100-58 and 162-100-59 Which May Include Additional Direction to Staff
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Hold the public hearing and adopt a Resolution reversing the Planning Commission’s denial, and approving and modifying Use Permit and Variance U_2021-0006/V_2021-0005, approving a Use Permit to establish and operate a gas station and convenience store, and approving variances for a reduced front yard setback and allowable sign area and disapproving a variance for a sixty-five foot tall business identification sign; located at 9621 and 9601 North State Street, Redwood Valley; APNs: 162-100-58 and 162-100-59; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
In 1987, the Board adopted Division I of Title 20 of the Mendocino County Code through Ordinance No. 3639, including Chapters 20.196 and 20.200 pertaining to Use Permits and Variances, respectively.
In 2024, the Board adopted an update of Division I of Title 20 of the Mendocino County Code through Ordinance 4538, including Chapters 20.196 and 20.200 pertaining to Use Permits and Variances, respectively.
Summary of Request:
Minor Use Permit U_2021-0016 and Variance V_2021-0005 (the “Project”) was denied by the Planning Commission on January 4, 2024. See Resolution No. PC_2024-0001 for findings in support of the action.
On January 5, 2024, attorney Brian S. Momsen, on behalf of Faizan Corporation and 898 Main Street LLC, filed an appeal of the Planning Commission’s decision. An appeal hearing was held during the March 26, 2024 Board of Supervisors meeting. At that meeting, the Board continued this matter to the May 7, 2024 meeting with direction to Planning & Building Services staff to work with Supervisors Williams and McGourty to document denial of the project based on health, safety, peace, morals, comfort, and general welfare.
On May 6, 2024, the applicant submitted a “Revised Addendum to the Transportation Impact Study for a Gas Station at 9621 North State Street”. The Revised Addendum alleged that trip generation for the proposed project was overestimated, and that the originally proposed right-turn lanes were no longer warranted. On May 7, staff presented a resolution for denial of the project. However, after discussion of the Revised Addendum, the Board ultimately remanded the appeal back to staff to clarify studies, to ensure that all studies are complete and adequate to enable the Board to make a final decision, and directed the hearing be continued to a date uncertain.
After further discussion between staff, the applicant, and Caltrans, it was determined that to accept the results presented in the Revised Addendum, the entirety of the Transportation Impact Study must be revised, including the assumptions originally agreed upon by the traffic engineer and Caltrans. The applicant then agreed to forgo the arguments presented in the Revised Addendum including the argument that the cost of closing the median was not proportional to the transportation impacts and agreed to implement the originally recommended traffic mitigation, including the right-turn lanes and the closure of the median.
Therefore, after minor revisions to the project scope addressing parking and easement concerns, staff concluded that traffic impacts could be mitigated using the methods originally recommended to the Planning Commission, including the closure of the median at North State Street/Uva Drive and the construction of acceleration/deceleration lanes (right-turn lanes). As such, staff recommends that the decision of the Planning Commission be reversed, and the project approved in accordance with the findings and conditions of approval contained in the resolution.
Please see the associated staff memorandum and attachments for this agenda item for more information.
Alternative Action/Motion:
Adopt a resolution denying the appeal and upholding the Planning Commission’s denial of Use Permit and Variance U_2021-0016/V_2021-0005, including written findings to that effect.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 1
Vote Requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.gov/departments/planning-building-services/public-noticing>
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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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
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: Adopted |
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Date: May 19, 2026 |
Executed Item Type: Resolution |
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Number: 26-094 |
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