Mendocino Logo
File #: 17-0670    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 7/18/2017 In control: Planning and Building Services
On agenda: 8/1/2017 Final action: 8/1/2017
Title: Noticed Public Hearing - Discussion and Possible Adoption of an Ordinance Amending the Mendocino County Inland Zoning Code (Title 20, Division I) to Add Chapter 20.147, Community Character (CC) Combining District, and Rezone Certain Parcels Within the C-1 (Limited Commercial) and C-2 (General Commercial) Zoning Districts to Apply the CC Combining District (Sponsor: Planning and Building Services)
Sponsors: Planning and Building Services, Steve Dunnicliff
Attachments: 1. Ordinance 4390, 2. 3.Ordinance Summary, 3. 2.OA_2016-0001 (Formula Business Ord) Redline, 4. 2.OA_2016-0001 (Formula Business Ord) FINAL, 5. 2A. Exh A. to Ord (Parcel Rezone List), 6. 2B.EXH. B to Ord. (owner maps to rezone), 7. 3.OA 2016-0001 & R2016-0002 (BOS Staff Memo), 8. 3A.B.Attachment A and B to Staff Memo-Exemption Areas and Hopland maps, 9. Planning and Building 7.20 affidavit

 

To:  Board of Supervisors

FromPlanning and Building Services

Meeting DateAugust 1, 2017

 

Department Contact:  

Mary Lynn Hunt

Phone: 

234-6650

Department Contact:  

Nash Gonzalez

Phone: 

234-6650

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 30 Mins

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Adoption of an Ordinance Amending the Mendocino County Inland Zoning Code (Title 20, Division I) to Add Chapter 20.147, Community Character (CC) Combining District, and Rezone Certain Parcels Within the C-1 (Limited Commercial) and C-2 (General Commercial) Zoning Districts to Apply the CC Combining District (Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Adopt Ordinance Amending the Mendocino County Inland Zoning Code (Title 20, Division I) to add Chapter 20.147, Community Character (CC) Combining District, and Rezone Certain Parcels within the C-1 (Limited Commercial) and C-2 (General Commercial) Zoning Districts to Apply the CC Combining District; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On September 22, 2015, the Board of Supervisors adopted an urgency ordinance establishing interim restrictions on the establishment of formula businesses to study and consider zoning regulations to help protect the unique character of rural community areas.  This ordinance initially was to expire on September 20, 2016.  In order to provide for additional time for the Planning Commission to deliberate the matter, on August 16, 2016, the Board considered the urgency ordinance and extended the moratorium on formula businesses to September 19, 2017.   On March 20, 2017, the matter of the proposed Formula Business was brought to the Board of Supervisors for discussion and direction for the adoption of the Formula Business Ordinance, including the amendment of the Inland Zoning Ordinance to establish a new Community Character (CC) Combining District Chapter within Division I of the County Code, and Rezone most of the C-1 (Limited Commercial) and C-2 (General Commercial) Zoning Districts applying the CC Combing District to the community areas in the County.                     

 

Summary of Request

Planning and Building Services requests the Board consider and adopt an ordinance amending Division I, of the Mendocino County Code (Zoning Ordinance) to add Chapter 20.147, Community Character (C-C) Combining District, and rezone those properties by adding the Community Character (C-C) Combing District designation over the C-1 (Limited Commercial) and C-2 (General Commercial) zoning districts lying within the Community Areas and Commercial Places.  On June 16, 2016, the Planning Commission conducted a public hearing on the proposed zoning text amendment.  During the June 16, 2016 Planning Commission hearing several individuals provided comments on the proposed ordinance and most notably requested additional time to review the ordinance, specifically representatives from the newly formed Hopland, Redwood Valley, and Laytonville Municipal Advisory Councils (MACs) requested additional time for review to review the draft ordinance.  In addition to additional time to be allotted to the MACs, the Planning Commission that staff further elaborate “Community Character” and provide more defined criteria for signs associated with the formula businesses.  The Planning Commission continued the hearing to August 18, 2016 to allow the newly formed MACs to meet and review the draft ordinance as well as allowing staff to address the issue of signage.  The Commission at their August 16, 2016 meeting reviewed added language and took further public testimony, including the Laytonville, Redwood Valley MACs representatives.  It was determined at that time that additional time was needed for the newly formed Redwood Valley and Hopland MACs to review and comment.  The MACs were asked to have comments submitted to Planning and Building staff in early October, giving plenty of time for review before the hearing.  On November 17, 2016, the Planning Commission took additional public comments and recommended the Board of Supervisors adopt the formula business ordinance with modifications as requested by the Planning Commission on a 5-0 vote. 

 

At its March 20, 2017, meeting, the Board directed staff to proceed with the Community Character Combining District, including the application of the rezoning of all applicable C-1 and C-2 parcels adding the CC Combing District, with the exception of those areas along North State Street already excluded by the urgency ordinance and those parcels within the Hopland Municipal Advisory Council (Hopland MAC) area.

 

The proposed  Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) under (a) Section 15060(c)(2) of the CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; (b) Section 15060(c)(3) of the State CEQA Guidelines because it is not a project within the meaning of CEQA since it has no potential for resulting in physical changes in the environment; and (c) Section 15308 of the State CEQA Guidelines because it is a regulatory action taken by the County to assure the maintenance and protection of the environment. 

 

Alternative Action/Motion:

Identify revisions to the Ordinance and direct staff to bring proposed revisions back to the Board of Supervisors for adoption by the Board.                     

 

Supplemental Information Available Online at: www.co.mendocino.ca.us/planning

 

 

Fiscal Impact:

Source of Funding: N/A

Budgeted in Current F/Y: N/A

 

Current F/Y Cost: N/A

Annual Recurring Cost: N/A

 

 

 

 

Supervisorial District:  All

Vote Requirement:  Majority

 

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Kenneth Spain, Administrative Analyst II

 

 

CEO Review: Yes 

 

 

CEO Comments:

FOR COB USE ONLY

Executed By: Nicole French

Final Status:Adopted

Date: August 2, 2017

Executed Item Number: Ordinance 4390

Note to Department: