To: Board of Supervisors
From: Planning and Building Services
Meeting Date: July 20, 2021
Department Contact: |
Mark Cliser |
Phone: |
234-6650 |
Department Contact: |
Nash Gonzalez |
Phone: |
234-6650 |
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 Coastal Permit Administrator for Approval of a Boundary Line Adjustment Located Near Cleone (B_2017-0043) to Align Parcel Boundaries with Coastal Zone Boundary and Remove Split Designations. Parcel “A” (APN: 069-320-01) Would Increase from 10.85 to 11.35± Acres, and Parcel “B” (APN: 069-320-02) Would Decrease from 10.85 to 10.35± Acres, Located at 32800 & 32700 Nameless Lane, Fort Bragg
(Sponsor: Planning and Building Services)
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Recommended Action/Motion:
recommendation
Hear and deny appeal of the Coastal Permit Administrator’s approval of Boundary Line Adjustment (B_2017-0043), located near Cleone to align parcel boundaries with Coastal Zone Boundary and remove split designations, Parcel “A” (APN: 069-320-01) would increase from 10.85 to 11.35± acres, and parcel “B” (APN: 069-320-02) would decrease from 10.85 to 10.35± acres, located at 32800 & 32700 Nameless Lane, Fort Bragg; and modify the approval to include the requirement that the applicant prepare, or have prepared, partial reconveyances and/or modified deeds of trust, as applicable, in substantial compliance with the approved boundary line adjustment, and arrange for their concurrent recording with the documents that effectuate the boundary line adjustment.
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Previous Board/Board Committee Actions:
In 1991, the Board adopted Division II of Title 20 of Mendocino County Code through Ordinance No. 3785. In 1998, the Board adopted Ord. No. 4001 establishing Mendocino County Code Chapter 17 (Division of Land Regulations) Section 17-17.5 (Boundary Line Adjustment).
Summary of Request:
On April 16, 2021 Attorney Colin Morrow, on behalf of Dr. William Schieve, filed an appeal of the decision by the Coastal Permit Administrator approving Boundary Line Adjustment application B_2017-0043. The application requests a Boundary Line Adjustment between APNs 069-320-01 (Lot “A”) and 069-320-02 (Lot “B”) in order to align parcel boundaries with Coastal Zone Boundary and remove split designations. The project is located 4± miles north of the City of Fort Bragg. The subject parcels are approximately 700 feet east of the intersection of State Route 1 (SR-1) and Nameless Ln. within unincorporated Mendocino County. The properties are currently addressed at 32800 & 32700 Nameless Lane, Fort Bragg.
The sole basis of the appeal, as specifically provided by counsel for the appellant, is that Boundary Line Adjustment B_2017-0043 is not actually a boundary line adjustment because it will result in the creation of additional parcels. The appeal states the Boundary Line Adjustment will result in the creation of additional lots or parcels and will be “junior to two separate deeds of trust encumbering separate existing parcels’ resulting in four different combination of fee interests and security interests. As reviewed in the staff memorandum for this item, Mendocino County Code Section 17-17.5, paragraph (H), specifically allows for the Subdivision Committee to add requirements to insure that the boundary line adjustment shall not have the effect of creating a new lot or parcel. In ruling on this appeal, the Board of Supervisors has the ability to modify the action of the Coastal Permit Administrator. Please see Staff Memorandum and related attachments for additional details.
Alternative Action/Motion:
Provide direction to Staff.
How Does This Item Support the General Plan?
Boundary Line Adjustment B_2017-0043 removes the split of the parcels by the Coastal Zone boundary allowing for each lot to be subject to only one Division of the County Zoning Code rather than being subject to different Divisions of the County Zoning Code depending on where on the parcel future development is proposed. Consistent with MCC Section 20.304.045(D), the Coastal Zone boundary is treated as a de facto parcel line for the purposes of determining setbacks, lot cover and other development regulations and causes a hindrance to future development of either parcel that is subject to the Boundary Line Adjustment.
Supervisorial District: District 4
vote requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>
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: Yes
CEO Liaison: Steve Dunnicliff, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
Executed By: Atlas Pearson, Deputy Clerk I |
Final Status:Continued |
Date: July 22, 2021 |
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