To: Board of Supervisors
From: Planning and Building Services and County Counsel
Meeting Date: December 19, 2023
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Department Contact: |
Julia Krog |
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707-234-6650 |
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Department Contact: |
Christian Curtis |
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707-234-6885 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 1.25 Hours |
Agenda Title:
title
Discussion and Possible Action Including (1) Adoption of a Resolution Proclaiming the Existence of a Local Emergency Related to Climate Change; (2) Adoption of an Urgency Ordinance Exempting Replacement Roofs and/or Roofmount Solar Energy Systems from Discretionary Review in the Coastal Zone During the Local Emergency Related to Climate Change and (3) Adoption of an Urgency Ordinance Exempting the Removal of Certain Dead, Diseased, or Hazardous Trees from Discretionary Review in the Coastal Zone During the Local Emergencies Related to Climate Change and Tree Mortality
(Sponsors: Planning and Building Services and County Counsel)
End
Recommended Action/Motion:
recommendation
Adopt (1) Resolution proclaiming the existence of a local emergency related to Climate Change; (2) an urgency ordinance exempting replacement roofs and/or roofmount solar energy systems from discretionary review in the Coastal Zone during the local emergency related to Climate Change, and (3) adopt an urgency ordinance exempting the removal of certain dead, diseased, or hazardous trees from discretionary review in the Coastal Zone during the local emergencies related to Climate Change and tree mortality; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On October 18, 2022, the Board provided clarification that dead/hazardous vegetation removal was not "development" and directed Planning and Building Services to deprioritize all related code enforcement.
On November 1, 2022, the Board adopted Resolution No. 22-218 declaring a local emergency related to tree mortality.
On January 24, 2023, the Board directed Planning and Building Services to prepare an urgency ordinance to exempt from discretionary review the removal of dead, diseased or hazardous trees in the Coastal Zone.
On September 12, 2023, the Board provided direction to Planning and Building Services and County Counsel to effectively exempt roofmount solar energy systems and replacement roofs from discretionary review within the Coastal Zone. The direction specifically mentioned urgency related to concerns regarding climate change.
Summary of Request:
Mendocino County has been profoundly affected by multiple natural disasters in recent years due to climate change including severe drought, heatwaves, devastating wildfires and accompanying days long power outages, extreme weather such as severe rain, snow and wind storms, flooding, landslides, coastal sea rise with severe impacts on coastal near shore ecosystems. In order to avoid irreversible, catastrophic climate change impacts, the County must focus not only on reducing its emissions but must also take action to enable its residents to prepare for significant ecological and economic impacts due to climate change. The severity and urgency of the climate change crisis necessitates swift and urgent action to protect the County’s residents, environment, and future generations. As such, adoption of a resolution proclaiming a local emergency related to climate change is proposed.
In addition, certain existing policies and regulations of the County may hinder rapid and effective response to climate change, and urgency actions to ease regulatory and public policy constraints may be necessary to facilitate effective and expedited implementation of climate change mitigation efforts. The Board has previously provided direction to prepare urgency ordinances for the exemption of replacement roofs (like for like), roofmount solar energy systems, and dead, diseased, or hazardous tree removal from discretionary review within the Coastal Zone in response to climate change and to mitigate climate change impacts. If adopted, roofmount solar energy systems and like-for-like replacement roofs would be exempt from review by the Planning Division and discretionary review. In addition, certain dead, diseased and hazardous tree removal would be exempted from discretionary review with the completion of an affidavit by a property owner attesting to certain facts regarding the proposed removal. Said affidavit would be filed with Planning and Building Services but not subject to review or any exercise of discretion by staff. The proposed urgency ordinances would not apply to properties where the California Coastal Commission retains permit jurisdiction or areas of deferred certification, as the County lacks the jurisdictional authority within these areas to exempt development.
Alternative Action/Motion:
Do not adopt the resolution declaring a local emergency related to climate change; or adopt the resolution declaring a local emergency related to climate change, but only one or neither of the proposed ordinances; or provide alternative direction to staff.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: A Prepared and Resilient County
Supervisorial District: All
vote requirement: 4/5ths
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: General Fund |
budgeted in current f/y: No |
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current f/y cost: 40 staff hours |
if no, please describe: Direction provided, in part, after FY 23/24 budget adoption. |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: Cost related to staff hours of County Counsel staff and Planning & Building Staff |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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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: December 19, 2023 |
Executed Item Type: Resolution Number: 23-206 Executed Item Type: Ordinance Number: 4530 Executed Item Type: Ordinance Number: 4531 |
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