STAFF REPORT FOR COASTAL DEVELOPMENT CDP# STANDARD PERMIT June 11, 2013 CPA-1. Victor Suarez Fern Drive Mendocino, CA 95460

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1 CPA-1 OWNER/APPLICANT: REQUEST: ENVIRONMENTAL DETERMINATION: RECOMMENDATION: LOCATION: APPEALABLE AREA: PERMIT TYPE: TOTAL ACREAGE: GENERAL PLAN: Victor Suarez Fern Drive Mendocino, CA Construct a 7-foot tall solid board fence along the side and rear property lines. Construct a 6-foot tall non-view obscuring board fence along a portion of the front property line. Associated development also includes enlargement of an existing rear deck, construction an additional 428-square-foot deck, construction of a 168- square-foot green house, and installation of roof mounted solar panels. Categorically exempt from CEQA Class 3(a) Approve with Conditions In the Coastal Zone, approximately 1-mile north of the Town of Mendocino, on the west side of Highway One, approximately 300 feet west of the intersection of Point Cabrillo Drive (CR #564) and Fern Drive (CR #410A), at Fern Drive (Assessor Parcel Number: ) Yes, west of first public road Standard Approximately.77 Acres Rural Residential District, Five-Acre Minimum (RR-5) alternate density of Rural Residential District, One-Acre Minimum (RR-1) ZONING: Rural Residential District, Five-Acre Minimum (RR: L- 5) alternate density of Rural Residential District, One- Acre Minimum (RR: L-1) EXISTING USES: ADJACENT ZONING: SURROUNDING LAND USES: Single-Family Residence North: RR: L-5 (RR: L-1) East: RR: L-5 (RR: L-1) South: RR: L-5 (RR: L-1) West: RR: L-5 (RR: L-1) North: Residential East: Residential South: Residential West: Residential

2 CPA-2 SUPERVISORIAL DISTRICT: 4 PROJECT DESCRIPTION: The applicant proposes to construct a combination of 7-foot tall solid redwood fencing and 6-foot tall non-view obscuring redwood fencing around a developed residential parcel located in the Coast Highlands Unit II Subdivision. The 7-foot tall solid fence is proposed to be clad in redwood with 4x4 and 6x6 posts combined with 7 ½-inch redwood fence boards and smooth wire at its top. The 6-foot tall non-view obscuring fencing is proposed to be clad in redwood with 4x4 and 6x6 posts combined with 1 ½-inch redwood fence boards spaced 3 inches apart and smooth wire at its top. The 7-foot tall solid redwood fencing proposed along the rear and side yard property lines runs a linear distance of approximately 415 feet. The 6-foot tall non-view obscuring fencing proposed to be constructed along the front property line runs a liner distance of approximately 71 feet from the eastern front property line corner, and a liner distance of approximately 20 feet along the east side property line. Additional non-view obscuring fencing that is 6 feet tall is proposed to be constructed at a liner distance of approximately 25 feet and connect the 6-foot tall non-view obscuring fencing constructed on the front property line to the eastern front corner of the existing single-family residence. Additionally, approximately 57 feet of new 7-foot tall solid redwood fencing is proposed to be constructed at a distance of approximately 34 feet from the west front property line and connect the western corner of existing single-family residence to the new fencing proposed on the western side property line. Associated development includes the enlargement of an existing rear deck by approximately 138 square feet, construction of two approximately 196-square-foot decks, construction of a detached approximately 168- square-foot green house, and the installation of solar panels on the roof of the single-family residence. Fencing is normally exempted from Coastal Development Permit requirements when constructed in conjunction with a single-family residence. The proposed project, however, requires a Coastal Development Permit because it is located West of the First Public Road Paralleling the Sea. SUMMARY RECOMMENDATION: LOCAL COASTAL PROGRAM CONSISTENCY RECOMMENDATION: The proposed project is consistent with the applicable goals and policies of the Local Coastal Program (LCP) as described below. Land Use The subject parcel is classified on the Coastal Plan Map as Rural Residential Five Acres Minimum with an alternative density of One Acre Minimum (RR-5 [RR-1]). The parcel is similarly zoned; RR: L-5 (RR: L-1). The proposed fencing, decking, green house, and solar panels, are permitted uses within the Rural Residential Zoning District, and are consistent with the Rural Residential land use classification. Regarding fences; Section Yards of the Mendocino County Coastal Zoning Code provides the following: (E) Fences in rear or side yards not having street frontage may not exceed eight (8) feet (Fences over six feet require building permits). Fences and hedges in front yards and any rear or side yards having street frontage, where vehicle access is maintained, may not exceed three and one-half (3 ½) feet. The above fence height limitations shall apply to view obstructing fences such as board fences and picket fences. Fences for the containment of animals, such as barbed wire, chicken wire, hog wire, and similar loose meshed wire fences or non-view obscuring fences such as cyclone fences shall not be subject to the above fence height restrictions.

3 CPA-3 The required yard setbacks for a parcel in an RR zone are 20 feet from front and rear property lines, and 6 feet from side property lines. A corridor preservation setback of 25 feet applies along Fern Drive, resulting in a front yard setback of either 45 feet from the road corridor centerline, or 20 feet from the property line, whichever is greater. As shown on the Site Plan, the proposed solid board redwood fencing is shown to be constructed at a distance of approximately 50 feet from the centerline of Fern Drive which would comply with the setbacks required by the County Zoning Code. Moreover, the proposed non-view obscuring fencing is shown to be located on the front property line, which also complies with the County Zoning Code. The proposed green house and decks are shown to be constructed in the rear of the singlefamily residence, which demonstrates that they comply with the County Zoning Code regarding required setbacks from property lines. The site is not within a designated highly scenic area; therefore the height limit is 28 feet above average natural grade. The height of the proposed green house has not been given, therefore, Special Condition Number One is recommended to require the submittal of a proposed elevation to ensure the green house is consistent with the allowed height limitation. Public Access The project site is located west of Highway 1, but is not designated as a potential public access trail location on the LUP maps. There is no evidence of prescriptive access on the developed site. The project would have no effect on public access to the coast. Hazards The property is in an area that has a Moderate fire hazard severity rating as determined by the California Department of Forestry and Fire Prevention (Cal Fire). Cal Fire has submitted recommended conditions of approval (CDF# 10-13) for address standards, driveway standards, and defensible space standards. Standard Condition Number 4 is recommended to achieve compliance with Cal Fire, fire safe standards. Visual Resources The subject parcel is not located in a designated Highly Scenic Area. Some of the surrounding properties have similar rear and side yard fencing. One other property on the same street has a similar type of non-view obscuring fencing in the front yard. In this case, the front yard fencing would not affect public views or enjoyment of the ocean. The proposed fencing is consistent with the visual resource policies of the LCP. Natural Resources The County of Mendocino Coastal Element describes an Environmentally Sensitive Habitat Area (ESHA) as follows: Any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. The subject site is currently developed with a single-family residence and has been substantially disturbed and there are no known natural habitats present.

4 CPA-4 Archaeological/Cultural Resources Standard Condition Number 8 is recommended, advising the applicant of the requirements of the County s Archaeological Ordinance (Chapter of the Mendocino County Code) in the event that archaeological or cultural materials are unearthed during site preparation or construction activities. Groundwater Resources The Environmental Health Division commented that the project can be approved by Environmental Health. No adverse impacts to groundwater resources are anticipated. Transportation/Circulation The project would not result in a new encroachment or an increase in use. No impacts to transportation/circulation are expected. Zoning Requirements The project complies with the zoning requirements for the Rural Residential District set forth in Chapter , et.seq, and with all other zoning requirements of Division II of Title 20 of the Mendocino County Code. PROJECT FINDINGS AND CONDITIONS: Pursuant to the provisions of Chapter and Chapter of the Mendocino County Code, the Coastal Permit Administrator approves the proposed project, and adopts the following findings and conditions. FINDINGS: 1. The proposed development is in conformity with the certified Local Coastal Program; and 2. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities; and 3. The proposed development is consistent with the purpose and intent of the applicable zoning district, as well as all other provisions of Division II, and preserves the integrity of the zoning district; and 4. The proposed development, if constructed in compliance with the conditions of approval, will not have any significant adverse impacts on the environment and is considered categorically exempt under Class 3(a) within the meaning of the California Environmental Quality Act; and 5. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource; and 6. Other public services, including but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.

5 CPA-5 7. The proposed development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act and Coastal Element of the General Plan. STANDARD CONDITIONS: 1. This action shall become final on the 11 th day following the decision unless an appeal is filed pursuant to Section of the Mendocino County Code. The permit shall become effective after the ten working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. The permit shall expire and become null and void at the expiration of two years after the effective date except where construction and use of the property in reliance on such permit has been initiated prior to its expiration. 2. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Division II of Title 20 of the Mendocino County Code. 3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the Coastal Permit Administrator. 4. This permit shall be subject to the securing of all necessary permits for the proposed development from County, State and Federal agencies having jurisdiction. 5. The applicant shall secure all required building permits for the proposed project as required by the Building Inspection Division of the Department of Planning and Building Services. 6. This permit shall be subject to revocation or modification upon a finding of any one or more of the following: a. The permit was obtained or extended by fraud. b. One or more of the conditions upon which the permit was granted have been violated. c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance. d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operation of one or more such conditions.

6 CPA-6 7. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void. 8. If any archaeological sites or artifacts are discovered during site excavation or construction activities, the applicant shall cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery, and make notification of the discovery to the Director of the Department of Planning and Building Services. The Director will coordinate further actions for the protection of the archaeological resources in accordance with Section of the Mendocino County Code. SPECIAL CONDITIONS: 1. Prior to issuance of the Coastal Development Permit, the applicant shall submit elevations of the proposed decks and green house for review by the Coastal Permit Administrator. Staff Report Prepared By: Date Matthew Kelley Planner II Attachments: Exhibit A Location Map Exhibit B Zoning Display Map Exhibit C Site Plan Exhibit D Site Plan Exhibit E 7-Foot Fence Elevations Exhibit F 6-Foot Fence Elevations Exhibit G LCP Map Exhibit H Aerial Map Exhibit I Street View Map Exhibit J Highly Scenic Map Exhibit K Fire Hazard Map Appeal Period: Ten calendar days for the Mendocino County Board of Supervisors, followed by ten working days for the California Coastal Commission following the Commission s receipt of the Notice of Final Action from the County. Appeal Fee: $945 (For an appeal to the Mendocino County Board of Supervisors.)

7 CPA-7 SUMMARY OF REFERRAL AGENCY COMMENTS: Planning Ukiah Department of Transportation Environmental Health Fort Bragg Building Inspection Fort Bragg Assessor Department of Fish & Wildlife Coastal Commission US Fish and Wildlife Mendocino Fire District No Comment The Department takes no exception with the construction of the fences in the proposed locations DEH can clear this CDP No Response No Comment No Response No Response The Fish and Wildlife Service will not have any comments or input on this project No Response

8 CPA-8 Exhibit A

9 CPA-9 Exhibit B

10 CPA-10 Exhibit C Site Plan

11 CPA-11 Exhibit D - Site Plan

12 CPA-12 Exhibit E - 7-foot Solid Fence

13 CPA-13 Exhibit F - 6-foot Non-View Obscuring Fence

14 CPA-14 Exhibit G

15 CPA-15 Exhibit H

16 CPA-16 Exhibit I

17 CPA-17 Exhibit J

18 CPA-18 Exhibit K