STAFF REPORT FOR COASTAL DEVELOPMENT …...workshop, maximum average building height of 28 feet above natural grade, total square footage of the storage area and workshop is 1,382

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT MAY 22, 2014 CPA-1 OWNER/APPLICANT: MICHAEL AND RONDA WASCO 3030 BULRUSH STREET ROSEVILLE, CA 95747 AGENT: AMY WYNN, WYNN COASTAL PLANNING 703 NORTH MAIN STREET FORT BRAGG, CA 95437 REQUEST: The applicants request to remove the existing single family residence

(1,075 square feet) and replace it with a 3,160 square foot single family residence, 480 square foot attached garage, 875 square feet of deck, 362 square feet of porch, 910 square feet of patio, walkway, and stairs, and 375 square feet of walkway retaining walls. The proposed residence would have an average height of 28 feet above natural grade; total proposed square footage of the single family residence with attached garage is 3,640 square feet. Remove the existing 120 square foot shed and 195 square foot greenhouse. Associated developments include installation of a 500 gallon propane tank, a 2,500 gallon water tank, the drilling of a new production well to supplement the existing poor quality shallow well; installation of approximately 1,200 linear feet of fencing and entry gates, conversion of overhead electrical to underground, and trenching for utilities, and extension of the existing gravel driveway to single family residence, storage/workshop building and second residential unit. Total existing driveway is 2,500 square feet, total proposed driveway is 4,000 square feet; install approximately 150 feet of vegetated swale to manage stormwater runoff. Grading for the development would result in 249 cubic yards of export material to be placed at Akeff Construction fill yard at 32016 Airport Road, Fort Bragg, outside of the Coastal Zone Also requested is the removal of an existing 400 square foot detached garage to be replaced with a 335 square foot fitness studio, 284 square feet of deck, above a proposed 396 square foot boat storage building with a maximum average building height of 28 feet above natural grade; total square footage of fitness studio with attached boat storage is 731 square feet. Further the applicant proposes to construct a 563 square foot storage area with 176 square feet of deck, above an 819 square foot workshop with a maximum average building height of 28 feet above natural grade; total square footage of the storage area and workshop is 1,382 square feet.

LOCATION: In the Coastal Zone, on the west side of Highway One, approximately 0.5

miles south of its intersection with Pacific Way, on the south side of a shared driveway easement from Ocean Drive, located at 16960 Ocean Drive, Fort Bragg; APN: 017-330-03.

APPEALABLE AREA: Yes (Blufftop Parcel)

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-2 PERMIT TYPE: Standard TOTAL ACREAGE: 3.27+/- acres GENERAL PLAN: RR-5 [RR-2] ZONING: RR:L-5 [RR:L-2] EXISTING USES: Single Family Residential ADJACENT ZONING: North: RR:L-5 [RR:L-2] East: RR:L-5 [RR:L-2] South: RR:L-5 [RR:L-2][FP] West: Pacific Ocean SURROUNDING LAND USES: North: Residential East: Residential South: Residential West: Recreation/ Pacific Ocean SUPERVISORIAL DISTRICT: 4 CA COASTAL RECORDS PROJECT: Image 201302889 ENVIRONMENTAL DETERMINATION: Exempt from CEQA - Class 3(a) OTHER RELATED APPLICATIONS: None. PROJECT DESCRIPTION: The applicants request is to:

1. Remove the existing single family residence (1,075 square feet) and replace it with a 3,160 square

foot single family residence and 480 square foot attached garage, with 875 square feet of deck, 362 square feet of porch, 910 square feet of patio, walkway, and stairs, and 375 square feet of walkway retaining walls. The proposed residence would have an average height of 28 feet above natural grade; total proposed square footage of the single family residence with attached garage is 3,640 square feet.

2. Remove existing 400 square foot detached garage; replace with 335 square foot fitness studio with 284 square feet of deck, above a proposed 396 square foot boat storage building; maximum average building height of 28 feet above natural grade; total square footage of fitness studio with attached boat storage is 731 square feet.

3. Construct a 563 square foot storage area with 176 square feet of deck, above an 819 square foot workshop, maximum average building height of 28 feet above natural grade, total square footage of the storage area and workshop is 1,382 square feet.

4. Remove existing 120 square foot shed and 195 square foot greenhouse.

5. Extend existing gravel driveway to single family residence, storage/workshop building and second residential unit; total existing driveway is 2,500 square feet, total proposed driveway is 4,000 square feet. Grading for development would result in 249 cubic yards of export material to be placed at Akeff Construction fill yard at 32016 Airport Road, Fort Bragg, outside of the Coastal Zone; install approximately 150 feet of vegetated swale to manage stormwater runoff.

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STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-3

6. Associated infrastructure developments include installation of a 500 gallon propane tank,

installation of a 2,500 gallon water tank, the drilling of a new production well to supplement the existing poor quality shallow well, conversion of overhead electrical to underground, and trenching for utilities.

7. Installation of approximately 1,200 linear feet of fencing and entry gates. 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 parcel currently contains a dilapidated main residence, second residential unit, a detached garage, green house, sheds, and a graveled access driveway. Similar developments exist on the properties adjacent to the subject parcel, as shown on maps. The current use of the property is a legal nonconforming use allowing two residential units and accessory structures. The parcel is classified on the Coastal Plan Map as Rural Residential Five Acres Minimum with an alternate density of Two Acre Minimum (RR-5 [RR-2]). The parcel is similarly zoned; RR:L-5 [RR:L-2]. The Rural Residential Two Acre Minimum zone is applied by virtue of the fact that the parcel is less than five acres and cannot be further divided. The proposed single family residence and associated development are permitted uses within the Rural Residential Zoning District, and are consistent with the Rural Residential land use classification. 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 Ocean Drive, resulting in a front yard setback of either a 45 feet from the road corridor centerline or a 20 feet from the property line, whichever is greater. As shown on the Site Plan (Exhibit A), the structures comply with setbacks required by the Mendocino County Coastal Zoning Code (MCCZC). The site is within a designated highly scenic area, therefore the height limit is 18 feet above average natural grade, unless an increase in height would not affect public views to the ocean or be out of character with surrounding structures. The proposed 28 foot height of the residence and other buildings on the property does not comply with the height limit. When staff visited the site it was clear that the proposed height would not be out of character with the surrounding development. Maximum lot coverage for a lot 2 to 5 acres in size in an RR zone is 15%. The lot is approximately 3.27 acres, or 142,441 square feet. The Site Plan shows approximately 6,814 square feet of coverage, or 4%. The project complies with lot coverage limits. The current use of the property is a legal nonconforming use allowing two residential units. As per Section 20.480 of the MCCZC the definition of a legal nonconforming residence is as follows:

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this Division but which does not conform with the use regulations for the zone in which it is located.

The main residence was built in 1947 and associated outbuildings were built in 1955. The second residential unit was built in 1970. Therefore the use on the subject parcel is considered a legal nonconforming use. A legal nonconforming use may be continued or maintained in accordance with Section 20.480.010 of the MCCZC which states:


(A) A legal nonconforming use or structure may be continued if it conforms to the following criteria: 1. If the existing use is contained within a structure built or modified to accommodate the

existing use, conformance is required with the applicable building code and/or zoning code in effect at the time of construction or modification.

2. The use must be compatible with adjacent land uses, such that its hours of operation, noise levels, aesthetic impacts, and traffic to the site do not now significantly adversely impact adjacent land uses.

(B) Routine maintenance and repairs may be performed on a nonconforming structure or site.

Section 20.480.020 of the MCCZC discusses the Restoration of Damaged Structures, which states in pertinent part:

(A) Whenever a structure containing an existing legal nonconforming use or legal nonconforming structure is destroyed or partially destroyed either voluntarily or involuntarily, the structure may be: 1. Rebuilt to its previous dimensions and arrangement and utilized to the same extent prior to its

destruction provided restoration is started within one (1) year and diligently pursued to completion

The proposed improvements to the existing legal nonconforming use are consistent with the applicable policies related to legal nonconforming uses. 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. Coastal access is provided at Mitchell Creek, which is adjacent to the project site. Hazards Fire: The property is in an area that has two fire hazard severity ratings. The portion of the parcel closest to the bluff edge has been determined to have a “moderate” fire hazard severity rating and the rest of the parcel is shown as having a “very high” fire hazard severity rating as determined by the California Department of Forestry and Fire Prevention. The Department of Forestry has submitted recommended conditions of approval (CDF# 81-12) for address standards, driveway standards, and defensible space standards. Standard Condition #4 is recommended to achieve compliance with CDF fire safe standards. Bluffs/Bluff Erosion: The proposed structure would be located in a relatively flat coastal terrace area with a steep coastal bluff of about 50 to 60 feet in height. Section 20.500.20(B) of the MCCZC outlines siting and land use restrictions relative to ocean bluffs as follows:

(B) Bluffs.

(1) New structures shall be setback a sufficient distance from the edges of bluffs to ensure their safety from bluff erosion and cliff retreat during their economic life spans (seventy-five (75) years). New development shall be setback from the edge of bluffs a distance determined


from information derived from the required geologic investigation and the setback formula as follows:

Setback (meters) = structure life (75 years) x retreat rate (meters/year)

Note: The retreat rate shall be determined from historical observation (aerial photos) and/or from a complete geotechnical investigation.

(2) Drought tolerant vegetation shall be required within the blufftop setback. (3) Construction landward of the setback shall not contribute to erosion of the bluff face or to

instability of the bluff. (4) No new development shall be allowed on the bluff face except such developments that would

substantially further the public welfare including staircase access ways to beaches and pipelines to serve coastal-dependent industry. These developments shall only be allowed as conditional uses, following a full environmental, geologic and engineering review and upon a finding that no feasible, less environmentally damaging alternative is available. Mitigation measures shall be required to minimize all adverse environmental impacts.

A geotechnical investigation was performed by BACE to determine the appropriate setback from the bluff edge for the proposed residence. The report from BACE, “Geotechnical Investigation; Proposed Property Improvements Wasco Property, 16960 Ocean Drive, Fort Bragg, California,” dated July 19, 2012, recommends a twenty-five (25) foot setback on the ocean bluff and a fifteen (15) foot setback on the northerly and southerly side for both the residence and septic leach field to assure safety from bluff erosion for a structural lifespan of 75 years. As shown on the Site Plan (Exhibit A), the proposed development is located more than twenty-five (25) feet from the bluff edge on the ocean side and more than fifteen (15) feet from the bluff edge on the southerly side of the parcel. The BACE Geotechnical recommendations for setbacks are included as conditions of approval (see Special Condition #9). Seismic Hazards: As is typical for the Mendocino County Coastal area, the subject parcel will experience strong ground shaking during any future earthquakes on the San Andreas Fault system. Intensity of shaking will vary with distance to epicenter, magnitude, and the response of the underlying earth materials. BACE states that, “generally, wood-frame structures founded in firm materials, and designed in accordance with current building codes are well suited to resist the effects of ground shaking” (BACE, July 2012). Relative to the issue of potential liquefaction on the site, the geotechnical investigation has determined that due to the loose to medium dense nature of the terrace deposit soils, the upper four feet of the soils on the site to have a low to moderate potential for liquefaction from strong ground shaking (BACE, July 2012). Relative to fault rupture, BACE has determined the potential at the site to be very low. This determination was made because of the 5.5 mile distance between the active San Andreas Fault and the subject parcel and also because no other active faults have been observed in the vicinity (BACE, July 2012). Structural hazards associated with strong ground shaking, such as may occur from the proximity of the San Andreas Fault are addressed by building codes as part of the building permit process. Standard Condition #5 is recommended to assure that building permits are obtained.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-6 Tsunami/Storm Waves: The location of the parcel leaves the site subject to large storm waves or tsunami waves. The geotechnical investigation noted that in February 1960, the Point Cabrillo Light House experienced damages as a result of an approximately sixty (60) foot high storm wave (BACE, July 2012). Since the bluffs on the property are approximately fifty (50) feet in height there is a potential for such an event to occur and cause damage to the proposed developments. Grading, Erosion and Runoff The demolition and new construction would occur on the relatively flat portion of the parcel. An estimated 249 cubic yards of grading will occur on the site. The applicants have provided a grading plan for the proposed developments. Regarding erosion control, Section 20.492.015 of the MCCZC states in pertinent part:

(A) The erosion rate shall not exceed the natural or existing level before development. (B) Existing vegetation shall be maintained on the construction site to the maximum extent feasible.

Trees shall be protected from damage by proper grading techniques. (C) Areas of disturbed soil shall be reseeded and covered with vegetation as soon as possible after

disturbance, but no less than one hundred (100) percent coverage in ninety (90) days after seeding; mulches may be used to cover ground areas temporarily.

Regarding stormwater runoff, Section 20.492.025 of the MCCZC states in pertinent part:

(A) Water flows in excess of natural flows resulting from project development shall be mitigated. (C) The acceptability of alternative methods of storm water retention shall be based on appropriate

engineering studies. Control methods to regulate the rate of storm water discharge that may be acceptable include retention of water on level surfaces, the use of grass areas, underground storage, and oversized storm drains with restricted outlets or energy dissipaters.

(D) Retention facilities and drainage structures shall, where possible, use natural topography and

natural vegetation. In other situations, planted trees and vegetation such as shrubs and permanent ground cover shall be maintained by the owner.

(E) Provisions shall be made to infiltrate and/or safely conduct surface water to storm drains or

suitable watercourses and to prevent surface runoff from damaging faces of cut and fill slopes. The grading plan provided by the applicants details Best Management Practices that shall be employed to control erosion, runoff, and delivery of sediments into the riparian areas. The submitted grading and erosion control plan (Exhibits D, E, and F) specifies the use of silt fencing or straw bale sediment barriers during the rainy season, the maintenance of the existing vegetation on the site during construction, the use of vegetated swales to collect and filter runoff, reseeding of areas of disturbed soil, the storage of materials within the construction impact area, and the statement that the new erosion rate shall not exceed the natural or existing level before development. The geotechnical investigation (BACE, July 2012) makes the following recommendations with regard to erosion control and runoff: Because uncontrolled surface water is often the cause of bluff instability and foundation

problems, care should be taken to intercept and divert concentrated surface flows away from structural improvements, building foundations, and the edges of the ocean bluff. Concentrated flows such as from roof downspouts, area drains and the like should be collected in a closed pipe


system. If possible, this runoff should be discharged into the small creek channel northwest of the property, away from the bluff edge. A less desirable alternative would be to have the runoff uniformly dispersed away from the structures and the edges of the bluff (Mendocino County Coastal Zoning Ordinance prohibits drain pipes over the bluff edge).

Mendocino County Water Agency commented on the proposed project and made the following conclusions and recommendations: The project application includes a satisfactory erosion and control plan, except that the vegetated

swale includes filter fabric around the drainage rock. The preference is to not use filter fabric because it interferes with water infiltration, which is the purpose of the swale. The project is also obligated to adopt post construction standards source controls such as minimizing impervious surfaces, utilizing pervious materials, disconnecting impervious materials from each other, infiltrating the roof or other drainage onsite, etc. The application should include a description of the post-construction measures utilized.

The recommendations provided by the Mendocino County Water Agency are included in this document as Special Condition #2. Visual Resources The parcel is located in a designated “Highly Scenic Area” west of Hwy 1 and the proposed project is subject to the following development criteria: Coastal Element Policy 3.5-1 provides general guidelines for all development in the coastal zone, requiring that: The scenic and visual qualities of Mendocino County coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas designated by the County of Mendocino Coastal Element shall be subordinate to the character of its setting. Policy 3.5-3 of the Coastal Element states:

Any development permitted in (highly scenic) areas shall provide for the protection of ocean and coastal views from public areas including highways, roads, coastal trails, vista points, beaches, parks, coastal streams, and waters used for recreational purposes.

In addition to other visual policy requirements, new development west of Highway One in designated “highly scenic areas” is limited to one-story (above natural grade) unless an increase in height would not affect public views to the ocean or be out of character with surrounding structures.

Section 20.504.015(C)(2) of the Coastal Zoning Code requires:

In highly scenic areas west of Highway 1 as identified on the Coastal Element land use plan maps, new development shall be limited to eighteen (18) feet above natural grade unless an increase in height would not affect public views to the ocean or be out of character with surrounding structures.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-8 Section 20.504.015(C)(3) also requires:

New development shall be subordinate to the natural setting and minimize reflective surfaces. In highly scenic areas, building materials including siding and roof material shall be selected to blend in hue and brightness with their surroundings.

The proposed development would be partially visible from the public beach and public access trail to the south of the parcel. The applicants propose a new residence with a maximum height of 28 feet above natural grade, which is not in compliance with the 18 foot height requirement for “Highly Scenic Areas”. When staff visited the site, we observed that two-story residences are common in this area on both the north and south sides of Mitchell Creek and that the proposed structure would not be out of character with the surrounding structures (see Coastal Records Project Image 201302889). The proposed exterior finishes for the structure (see Table 1) are earthtone colors that would blend in with the surrounding environment. Table 1. Proposed exterior materials and colors

Material Color

Siding Hardiplank Lap Siding Superdeck Duckback Autumn Tan Fiber Cement Paint

Trim Harditrim Benjamin Moore Santa Monica Blue Roofing PacClad Metal Medium Bronze Window Frames Viceroy Fiberglass Wood Clad Stone White Doors Wood Benjamin Moore Glen Ivy Garage Door Amarr Olympus Steel Garage Door Almond Railing Wire and wood Benjamin Moore Wood Ash Fencing materials Stone columns w/ wood slat fencing

Mesa Verde stone and stained redwood slats

Retaining Wall El Dorado Stone Mountain Ledge Mesa Verde

Lighting Copper and glass Bellacor Nautical Distressed Copper Energy Star Dark Sky Outdoor Wall Light

Section 20.504.035 of the Coastal Zoning Code (Exterior Lighting Regulations) states:

(A) Essential criteria for the development of night lighting for any purpose shall take into consideration the impact of light intrusion upon the sparsely developed region of the highly scenic coastal zone.

(2) Where possible, all lights, whether installed for security, safety, or landscape design

purposes, shall be shielded or shall be positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed.

(5) No lights shall be installed so that they distract motorists.

The proposed exterior lighting is Bellacor Nautical Distressed Copper Dark Sky wall lights next to exterior doors and around the exterior of the structure. Lighting shall be shielded and downcast.

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STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-9 Natural Resources

The project area is mostly developed with a single-family residence, a second residential unit, and associated developments. The parcel supports several types of habitat including Bishop Pine forest, willow/twinberry riparian, red alder riparian, non-native grassland components in cleared and landscaped areas, coastal scrub, a small strip of Northern Coastal bluff scrub, areas dominated by exotic acacia and Monterey Cypress trees and areas where native conifers have overtaken an orchard. Also existing on the site are two riparian areas and also a small spring on the northwest portion of the parcel. A small tributary to Mitchell Creek runs along the southern parcel boundary on the eastern side of the parcel. A botanical and biological scoping survey was performed on the property by Spade Natural Resources Consulting (“Biological Scoping Survey and Botanical Survey Report, for 16960 Ocean Drive (APN 017-330-03), Fort Bragg, CA, Mendocino County” dated February 2013”. The botanical report notes the Northern Coastal bluff scrub habitat as an Environmentally Sensitive Habitat Area (ESHA). 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.

Chapter 20.496 and Section 20.532.060, et. seq. of the MCCZC contain specific requirements for protection of ESHAs and development within the buffer area of an ESHA. A sufficient buffer area is required to be established and maintained to protect ESHAs from disturbances related to proposed development. Section 20.496.020(A)(1) of the MCCZC states:

The width of the buffer area shall be a minimum of one hundred (100) feet, unless an applicant can demonstrate, after consultation and agreement with the California Department of Fish and Game, and County Planning staff, that one hundred (100) feet is not necessary to protect the resources of that particular habitat area from possible significant disruption caused by the proposed development. The buffer area shall be measured from the outside edge of the Environmentally Sensitive Habitat Areas and shall not be less than fifty (50) feet in width.

The botanical report determined that the proposed development has the potential to impact the stream, riparian vegetation, and the Northern Coastal bluff scrub habitat (Spade Natural Resources Consulting, 2013). Potential occurrences on the site include the Northern red-legged frog because of the riparian habitat on the adjacent parcel to the project site that could be used for breeding, and the long-eared myotis which could be making a home inside the unoccupied structures. No further studies were warranted for species with potential to occur on the site (Spade Natural Resources Consulting, 2013). A fifty (50) foot ESHA buffer shall be provided around both of the riparian areas and the Northern Coastal bluff scrub habitat in accordance with Chapter 20.496 and Section 20.532.060 of the MCCZC. This buffer recommendation is included as Special Condition #12. An estimated fourteen (14) trees will be required to be removed as a result of the proposed project. These trees include ten (10) shore pines, one (1) tanoak, two (2) wax myrtles, and one (1) Douglas-fir. Several mitigation measures have been recommended by California Department of Fish and Wildlife as well as Spade Natural Resources Consulting to reduce potential impacts to natural resources on the site. These recommendations have been included as Special Condition #12.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-10 Archaeological/Cultural Resources The project was reviewed by the Northwest Information Center of the California Historical Resources Inventory at Sonoma State University. The Information Center responded that the project area has the possibility of containing unrecorded archaeological sites and recommended a study. The application was reviewed by the Mendocino County Archaeological Commission on November 13, 2013, which determined that a survey was necessary. The project area was surveyed by Thad Van Bueren. His survey report, dated May 24, 2012, was reviewed at the December 11, 2013 Archaeological Commission hearing. The survey was accepted, noting that no sites were found. Standard Condition # 8 is recommended, advising the applicant of the requirements of the County’s Archaeological Ordinance (Chapter 22.12 of the Mendocino County Code) in the event that archaeological or cultural materials are unearthed during site preparation or construction activities. Recycling and Re-Use The project proposes the demolition of the existing single family residence. Since the existing single family residence is over one thousand (1,000) square feet in size it is therefore subject to the Solid Waste Division Construction and Demolition ordinance. Standard Condition #4 is recommended to ensure compliance with Solid Waste Division requirements. Air Quality The applicants propose demolition of the existing residence and are therefore subject to permitting required by the Air Quality Management District (AQMD). Standard Condition #4 is recommended to ensure compliance with Air Quality Management District requirements. Groundwater Resources The site is located within an area designated as a Marginal Water Resources area (MWR) as shown in the 1982 Coastal Groundwater Study prepared by the Department of Water Resources. Water is to be provided by a new on-site well to supplement the existing poor-quality shallow well. The proposed development will use the existing sewage disposal system. Transportation/Circulation Access to the property is provided by a shared private road. The application was referred to the Mendocino County Department of Transportation (MCDOT) for comment. MCDOT recommends the applicant obtain an encroachment permit and construct appropriate improvements to protect the County road, and that the applicant complete, to the satisfaction of the MCDOT, a private road approach onto Ocean Drive (CR 436). The Department’s recommended condition is included as Special Condition #13. Zoning Requirements The project complies with the zoning requirements for the Rural Residential District set forth in Section 20.376 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 20.532 and Chapter 20.536 of the Mendocino County Code, the Coastal Permit Administrator approves the proposed project, and adopts the following findings and conditions.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-11 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, 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. 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 11th day following the decision unless an appeal is filed

pursuant to Section 20.544.015 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.

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 22.12.090 of the Mendocino County Code.

SPECIAL CONDITIONS: 9. The recommendations in the geotechnical report prepared by BACE Geotechnical dated July 19,

2012, shall be incorporated into the design and construction of the proposed project. Prior to the issuance of the building permit, the applicant shall submit evidence that a qualified geotechnical or civil engineer has reviewed the final grading and building plans. No development shall be permitted within twenty-five (25) feet of the ocean bluff edge or within fifteen (15) feet of the southerly edge adjacent to Mitchell Creek.

10. The recommendations in the comments provided by the Mendocino County Water Agency shall be

required as conditions of approval. Prior to the issuance of the building permit, the applicant must develop, to the satisfaction of the Mendocino County Water Agency, post-construction standards source controls to be utilized on the site.

11. The applicant shall comply with those recommendations in the California Department of Forestry

Conditions of Approval (CDF#81-12) or other alternatives acceptable to the Department of Forestry. Prior to the final inspection of the building permit, written verification shall be submitted from the Department of Forestry to the Department of Planning and Building Services that this condition has been met to the satisfaction of the Department of Forestry.

12. The following conditions are required conditions of approval to ensure protection of natural resources:

a. The Environmentally Sensitive Habitat Areas (ESHAs) shall be protected with a 50 foot buffer from developments and disturbances in perpetuity.

b. All recommended mitigation measures outlined in the Biological Scoping Survey and Botanical

Survey by Spade Natural Resources Consulting, dated February 2013, shall be required as a condition of approval. The mitigation measures are as follows:

i. Temporary fencing, such as orange plastic fencing or black silt cloth, shall be placed on

the edge of the buffer from the riparian and Northern Coastal bluff scrub habitats during phases of construction within 50 feet of these habitats.

ii. In order to avoid impacts to the Northern red-legged frog, construction crews will be

instructed in the identification of the Northern red-legged frog and will begin each day with a visual search around all stacked or stored materials, as well as along any silt fences to detect Northern red-legged frogs. If Northern red-legged frogs are detected, construction


crews will contact the Department of Fish and Wildlife or a qualified biologist prior to re-initiating work.

iii. If any birds of prey, including but not limited to osprey, begin to build nests near the project

site the California Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service, as appropriate, should be consulted.

iv. Buildings that have been unoccupied should be checked for signs of habitation by birds

and bats by a qualified biologist before being demolished.

v. Invasive plants including English ivy, cotoneaster, and Himalayan blackberry, periwinkle and Scotch broom should be removed to the greatest extent practicable.

vi. Landscaping within the ESHA buffers will not include any invasive plants and shall consist

of native plants compatible with the adjacent ESHAs.

vii. Any bare soil created by the construction phase of the project should be re-vegetated with native vegetation appropriate to the habitat in the surrounding area.

a. Ground disturbing activities in ESHAs and ESHA buffers shall occur only in the dry season (June-October).

b. All recommendations submitted by the California Department of Fish and Wildlife shall be

included as conditions of approval. The recommendations are as follows: i. In order to avoid potential impacts to wetland and riparian habitat, a 50-foot buffer shall be

delineated and maintained during construction. Best Management Practices detailed in the Erosion Control Plan should be employed to prevent erosion, runoff, and delivery of sediment into wetland or riparian areas.

ii. Species used for re-seeding after grading should preferably be native, or if non-native,

shall be non-invasive. No known invasive species shall be used. Exotic plant species to avoid include those identified in the California Invasive Plant Council’s database, which is accessible at: http://www.cal-ipc.org/paf/.

iii. Native tree and shrubs to be removed shall be replaced with the same species at a 1:1

ratio in suitable locations at the project site. Prior to final occupancy proof of such plantings shall be provided in both written and photographic evidence to the Planning and Building Division.

13. Prior to commencement of construction activities for the residence, applicant shall obtain an

encroachment permit from the Mendocino County Department of Transportation and construct appropriate improvements to protect the County road during the construction phase of the project. Prior to final occupancy, applicant shall complete, to the satisfaction of the Department of Transportation, a private road approach onto Ocean Drive (CR 436).

14. Prior to the issuance of the Coastal Development Permit, the applicant as landowner shall execute

and record a deed restriction, in a form and content acceptable to the Coastal Permit Administrator which shall provide that:

a. The landowner understands that the site may be subject to extraordinary geologic and erosion

hazards and the landowner assumes the risk from such hazards;

http://www.cal-ipc.org/paf/


b. The landowner agrees to indemnify and hold harmless the County of Mendocino, it successors in interest, advisors, officers, agents and employees against any and all claims, demands, damages, costs, and expenses of liability (including without limitation attorneys’ fees and costs of the suit) arising out of the design, construction, operation, maintenance, existence or failure of the permitted project. Including, without limitation, all claims made by any individual or entity or arising out of any work performed in connection with the permitted project;

c. The landowner agrees that any adverse impacts to the property caused by the permitted

project shall be fully the responsibility of the applicant; d. The landowner shall not construct any bluff or shoreline protective devices to protect the

subject single-family residence, garage, septic system, or other improvements in the event that these structures are subject to damage, or other erosional hazards in the future;

e. The landowner shall remove the house and its foundation when bluff retreat reaches the point

where the structure is threatened. In the event that portions of the house, garage, foundations, leach field, septic tank, or other improvements associated with the residence fall to the beach before they can be removed from the blufftop, the landowner shall remove all recoverable debris associated with these structures from the beach and ocean and lawfully dispose of the material in an approved disposal site. The landowners shall bear all costs associated with such removal;

The document shall run with the land, bind all successors and assigns, and shall be recorded free of all prior liens and encumbrances, except for tax liens.

Staff Report Prepared By: ___________________________ _______________________________________ DATE JULIA ACKER PLANNER I JA/at April 11, 2014 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.) Attachments: Exhibit A Site Plan Exhibit B Floor Plans Exhibit C Elevations Exhibit D Grading Plan Exhibit E Enlarged Grading Plan Exhibit F Erosion Control Plan

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-15 SUMMARY OF REFERRAL AGENCY COMMENTS: Planning – Ukiah No response. Department of Transportation Access to the subject property is provided by a shared private

road. Mendocino County Department of Transportation recommends construction of a private road approach, in accordance with the following condition of approval: The applicant shall obtain an encroachment permit from the Mendocino County Department of Transportation and construct appropriate improvements to protect the County road. The applicant shall complete, to the satisfaction of the Department of Transportation, a private road approach onto Ocean Drive (CR 436).

Environmental Health – Fort Bragg No response. Building Inspection – Fort Bragg No response. Assessor No response. Archaeological Commission Archaeological survey was required. Survey was prepared by

Thad Van Bueren in February 2012 and was accepted by the Archaeological Commission on December 11, 2013. The report determined that no cultural, historical, or archaeological sites were observed.

Department of Fish & Wildlife Recommended conditions of approval included in this document under Special Condition 4(d).

County Water Agency The project application includes a satisfactory erosion and control plan, except that the vegetated swale includes filter fabric around the drainage rock. The preference is to not use filter fabric because it interferes with water infiltration, which is the purpose of the swale. The project is also obligated to adopt post construction standards source controls such as minimizing impervious surfaces, utilizing pervious materials, disconnecting impervious materials from each other, infiltrating the roof or other drainage onsite, etc. The application should include a description of the post-construction measures utilized.

Air Quality Management District No response. Coastal Commission No response. Department of Parks & Recreation No response. U.S. Fish and Wildlife Service No response. Trails Advisory Commission No response. Native Plant Society No response. Fort Bragg Fire District No comment. REFERENCES: BACE Geotechnical, A Division of Brunsing Associates, Inc., July 19, 2012. Geotechnical Investigation, Proposed Property Improvements, Wasco Property, 16960 Ocean Drive, Fort Bragg, California. County of Mendocino, 1991. Mendocino County Coastal Zoning Code. http://www.co.mendocino.ca.us/planning/zoning/coastal/index.htm. County of Mendocino, 1991. Mendocino County General Plan Coastal Element. http://www.co.mendocino.ca.us/planning/plans/planCoastalTOC.htm.

http://www.co.mendocino.ca.us/planning/zoning/coastal/index.htm

http://www.co.mendocino.ca.us/planning/plans/planCoastalTOC.htm





STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-20 EXHIBIT A -Site Plan

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-21 EXHIBIT B -Floor Plans

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-22 EXHIBIT B-2 -Floor Plans.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-23 EXHIBIT B-3 -Floor Plans.

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-24 EXHIBIT B-4 -Floor Plans

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-25 EXHIBIT C -Elevations

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-26 EXHIBIT C-2 -Elevations



STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-29 EXHIBIT D -Grading Plan

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-30 EXHIBIT E -Enlarged Grading Plan

STAFF REPORT FOR COASTAL DEVELOPMENT CDP# 1-2013 STANDARD PERMIT CPA-31 EXHIBIT F -Erosion Control Plan

Documents

STAFF REPORT FOR COASTAL DEVELOPMENT …...workshop, maximum average building height of 28 feet above natural grade, total square footage of the storage area and workshop is 1,382