To: Board of Supervisors
From: Planning and Building Services
Meeting Date: April 25, 2023
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Department Contact: |
Julia Krog |
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707-234-6650 |
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Department Contact: |
Matthew Kiedrowski |
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707-234-6885 |
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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 to Consider an Appeal of the Planning Commission Adoption of Resolution No. PC_2022-0018, which Clarified Interpretation of Mendocino County Code as it Relates to the Occupancy of an Entire Dwelling Unit as Transient Habitation and Consider Whether the Resolution is Exempt from CEQA Under the Common Sense Exemption
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Hear the appeal and Adopt a Resolution denying the appeal and affirming the adoption by the Planning Commission of Resolution No. PC_2022-0018, which clarified interpretation of Mendocino County Code as it relates to occupancy of an entire dwelling unit as transient habitation and finding that the Resolution is Exempt from CEQA under the Common Sense Exemption; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On May 16, 2017, the Board of Supervisors (“Board”) directed staff to prepare an Ordinance establishing a moratorium on short-term rentals in Mendocino County.
On August 1, 2017, the Board passed and adopted Ordinance No. 4391, approving interim restrictions on the establishment of new short-term/vacation home rentals on residential property, pending the study and consideration of land use and existing regulations pertaining to such activity. This urgency ordinance was passed in response to concerns that a substantial and increasing share of the County’s housing stock was being utilized for the purpose of short-term/vacation home rentals, thereby reducing the share of units available for long-term lease by permanent residents or job-seekers. Ordinance No. 4391, however, expired 45 days later because it was unable to sustain the votes necessary for a required extension.
On September 12, 2017, the Board further directed the Department of Planning and Building to develop a draft policy update for review and discussion by the Planning Commission and Board of Supervisors.
On April 10, 2018, Planning and Building sought direction from the Board regarding preparation of an ordinance amendment to address short-term vacation rental activities. The Board provided direction for staff to incorporate policies regarding Inclusionary Housing Accessory Dwelling Units and Short-Term Rentals as described by Supervisor Gjerde's May 16, 2017 memo and previous direction to staff as stated on the May 16, 2017 minutes of the Board of Supervisors meeting. Additionally noting that a Zoning Clearance should be required unless occupancy is greater than 120 days, otherwise minor use permit would apply. Drafting of an ordinance amendment for short-term vacation rental activities for the inland area of the County has been a directive for Planning and Building Services that has been deferred over several fiscal years.
Summary of Request:
On November 17, 2022, the Planning Commission adopted Resolution No. PC_2022-0018, which clarified interpretation of Mendocino County Code as it relates to occupancy of an entire dwelling unit as transient habitation. Planning Commission Resolution No. 2022-0018 makes several findings and determinations. First, it determines that the occupancy of an entire dwelling unit for transient habitation is not classified as “Room and Board”. Second, it classifies the occupancy of an entire dwelling unit being used for transient habitation as “Transient Habitation - Lodging (Limited)”, a commercial use type. Under this interpretation, a Major Use Permit would be required for all entire-home transient habitation use. This interpretation also affects some of the zoning districts in which this use type would be allowed. “Transient Habitation - Lodging (Limited)” is permissible in nearly all the same zoning districts as “Room and Board” except for General Commercial (C2). The renting of no more than two rooms within a dwelling unit for transient habitation remains unchanged with the interpretation and remains an allowable accessory use as “Room and Board” and subject to the permitting standards that are based upon the location of the property in regard to a publicly maintained road.
On November 23, 2022, Colin W. Morrow, on behalf of Friends of Coastal Access and Paul Clark appealed the adopted resolution to the Board of Supervisors, pursuant to MCC chapter 20.208. The Appeal challenges the Planning Commission’s adoption of Resolution No. PC_2022-0018 on several grounds including inconsistency with the General Plan and inadequate analysis pursuant to the California Environmental Quality Act. The attached staff memorandum includes detailed responses to the Appeal.
Please see attached memorandum and associated documents for additional information.
Alternative Action/Motion:
Uphold the appeal or provide direction to staff.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: A Thriving Economy
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Steve Dunnicliff, Deputy CEO |
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CEO Review: Choose an item. |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Alternate Action Taken |
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Date: April 25, 2023 |
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