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File #: 21-0877    Version: 1 Name:
Type: Agreement Status: Consent Agenda
File created: 7/16/2021 In control: County Counsel
On agenda: 8/17/2021 Final action:
Title: Approval of Agreement with the City of Ukiah For Shared Exercise of Land Use and California Building Code Authority on Mendocino County Assessor's Parcel Number 178-210-01
Sponsors: County Counsel
Attachments: 1. Agreement 21-154, 2. 8/16/21 Agreement - clean, 3. 8/16/21 Agreement - Redline, 4. 08-12-21 Longstreth Correspondence, 5. 08-10-21 Lozano Correspondence, 6. 08-15-21 Longstreth Correspondence, 7. 08-16-21 Passalacqua, Mazzoni, Gladden, Lopez & Maraviglia Correspondence, 8. 08-16-21 Cameron Correspondence, 9. 08-16-21 Barrett Correspondence, 10. 08-16-21 Sakowicz Correspondence

TO: Board of Supervisors
FROM: County Counsel and Planning and Building Services
MEETING DATE: August 17, 2021


DEPARTMENT CONTACT:
Christian Curtis
PHONE:
234-6885
DEPARTMENT CONTACT:
Nash Gonzalez
PHONE:
234-6650


ITEM TYPE: Consent Agenda

TIME ALLOCATED FOR ITEM: n/a


AGENDA TITLE:
title
Approval of Agreement with the City of Ukiah For Shared Exercise of Land Use and California Building Code Authority on Mendocino County Assessor's Parcel Number 178-210-01
End

RECOMMENDED ACTION/MOTION:
recommendation
Approve Agreement with the City of Ukiah for shared exercise of land use and California building code authority on Mendocino County Assessor's Parcel Number 178-210-01; and authorize Chair to sign same.
En

PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
None.

SUMMARY OF REQUEST:
The proposed agreement would establish that the County of Mendocino and the City of Ukiah ("City") would jointly exercise land use and California Building Code authority over certain property owned by the City of Ukiah and leased to the Ukiah Rifle and Pistol Club ("Gun Club Property"), which is part of a larger parcel owned by the City of Ukiah, ("the Vichy Springs Road Property"). The Attorney General of the State of California in Opinion No. 14-403, issued on December 6, 2018, has determined that the County does exercise Land Use Authority over the City's use of the Vichy Springs Road Property and that the exemption from County Land Use Authority is not conditional on the City applying its own building and zoning ordinances to its extraterritorial property. However, the City must ensure that any buildings on the property comply with state law, including the California Building Standards Code. The Land Use Opinion further concludes that if the City leases extraterritorial property to a private party, the freedom from the county's building and zoning ordinances available to the City may be extended to the lessee only if the lessee's use of the property serves a...

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