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File #: 21-0639    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 5/25/2021 In control: Planning and Building Services
On agenda: 6/9/2021 Final action:
Title: Discussion and Possible Action Including Direction to Staff Regarding California Coastal Commission Recommended Modifications to the Local Coastal Program Amendment, GP_2018-0003/OA_2018-0009, to Establish Regulations for Accessory Dwelling Units in the Coastal Zone of Mendocino County (Sponsor: Planning and Building Services)
Attachments: 1. 2. Memo to BOS 6.9.2021 FINAL, 2. ATT 1 Coastal Commission Filing Letter (3-30-20), 3. ATT 2-Draft LUP Suggested Modifications for Mendocino ADU LCPA (5-21-21), 4. ATT 3- Draft IP Suggested Modifications for Mendocino ADU LCPA (5-21-21), 5. ATT 4-Table of Friendly Modifications, 6. 06-09-21 Clark Correspondence

 

To:  Board of Supervisors

FromPlanning and Building Services Choose an item.

Meeting DateJune 9, 2021

 

Department Contact:  

Ignacio “Nash” Gonzalez

Phone: 

234-6650

Department Contact:  

Julia Krog

Phone: 

234-6650

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Discussion and Possible Action Including Direction to Staff Regarding California Coastal Commission Recommended Modifications to the Local Coastal Program Amendment, GP_2018-0003/OA_2018-0009, to Establish Regulations for Accessory Dwelling Units in the Coastal Zone of Mendocino County

(Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Discuss and provide direction to staff, regarding California Coastal Commission recommended modifications to the Local Coastal Program Amendment. GP_2018-0003/OA_2018-0009, to establish regulations for Accessory Dwelling Units in the Coastal Zone of Mendocino County.

End

 

Previous Board/Board Committee Actions:

The Board of Supervisors adopted a Local Coastal Program (LCP) as a Coastal Element of the General Plan on November 5, 1985, which was subsequently certified by the California Coastal Commission on November 20, 1985. In 1991, the Board adopted Division II of Title 20 of Mendocino County Code through Ordinance No. 3785. On October 2, 2018, the Mendocino County Board of Supervisors adopted an ordinance amending the County Inland Zoning Code (Title 20-Division I of the Mendocino County Code) to update regulations for accessory dwelling units. At that time, the Board directed staff to prepare an amendment to the Local Coastal Program to establish regulations for accessory dwelling units in the coastal zone of Mendocino County.

 

On November 5, 2019, the Board adopted Resolution No. 19-378 authorizing submittal of a Local Coastal Program Amendment to the California Coastal Commission, Consisting of an Amendment to the Coastal Element of the Mendocino County General Plan (GP_2018-0003) and an Amendment of the Mendocino County Coastal Zoning Code (Title 20 - Division II of the Mendocino County Code)(OA_2018-0009) to establish regulations for Accessory Dwelling Units in the Coastal Zone of Mendocino County.                                           

 

Summary of Request

On May 21, 2021, the County received Commission staff's final "suggested modifications" to the LCP Amendment. This report is brought to the Board to provide a status update and to seek direction regarding the County's response to proposed suggested modifications in advance of the Commission hearing on the LCP Amendment which will be held in either July or August 2021. While many areas of disagreement between the County and Coastal Commission staff were resolved over the course of the past year and a half, substantive issues remain. The most substantive suggested modifications recommended by Coastal Commission staff are:

(1) Prohibiting transient habitation in both primary residences and ADUs/JADUs. The proposed LCP Amendment prohibited transient habitation in ADUs and JADUs, but not in the primary residence.

(2) Establishing a 50' setback requirement for ADUs on lands with resource zoning designations (AG, RL, FL, TPZ) that may be eligible for a Ministerial Coastal Development Permit. The proposed LCP Amendment established a 150' setback requirement.

As outlined in the attached Memorandum to the Board, staff seeks direction from the Board on these suggested modifications.

 

Alternative Action/Motion:

Provide alternate direction.                     

 

Supervisorial District:  District 4

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: 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

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Approved with Direction

Date: June 9, 2021