STAFF REPORT FOR COASTAL DEVELOPMENT CDP# ADMINISTRATIVE PERMIT SEPTEMBER 9, 2014 BOS PRESSLEY ROAD SANTA ROSA, CA 95404

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1 SEPTEMBER 9, 2014 BOS-1 OWNER/APPLICANT: REQUEST: DAVID DERUITER 4714 PRESSLEY ROAD SANTA ROSA, CA Coastal Development Permit for a single family residence, barn, guest cottage, driveway and related development. LOCATION: In the Coastal Zone, on the east side of Highway 1, approximately 0.25 miles south of its intersection with Irish Gulch, located at South Highway 1, Manchester (APN ). APPEALABLE AREA: PERMIT TYPE: TOTAL ACREAGE: GENERAL PLAN: ZONING: EXISTING USES: ADJACENT ZONING: SURROUNDING LAND USES: No Administrative 60.54± Acres Range Lands- 160 acre minimum (RL-160) RL-160 Vacant, existing well North: RR:L-5[PD][SR:L PD] East: FL:L[160] South: RL:L-160 West: RL:L-160[FP][*2C] North: Suburban Residential East: Timber South: Rural-Classified Lands West: Residential SUPERVISORIAL DISTRICT: 5 ENVIRONMENTAL REVIWEW: Exempt from CEQA Class 3(a) OTHER RELATED APPLICATIONS: In their response to the County s request for comments in a letter dated July 18, 2014, the Coastal Commission describes previous Land Use Plan amendment applications as follows: The property associated with development proposed by County CDP application No has been the subject of previous analysis and Coastal Commission (Commission) action in association with: a) certification of the Mendocino County Land Use Plan (LUP) in September 1985; and b) two denials of Mendocino County LUP amendment No. GP The proposed project site has been described in the past as part of a 196-acre property previously referred to as the Nichols Ranch, and many years prior to that functioned as part of the Hepworth Dairy. The site was also once described as Unit 6 of the Irish Beach Subdivision, which acquired County approval of a tentative map for development of residential lots that expired prior to consideration of the County land use plan.

2 BOS-2 The Commission suggested at the time of LUP certification in September 1985 that the land use designation of the Unit 6 site should be changed to Rangeland, from the County s proposed Rural Residential- 5 acres with an underlying suburban Residential designation. The Commission found the site s proposed residential designation was inconsistent with resource protection requirements of the Coastal Act, further finding that the premature designation of an urban expansion area encompassing Unit #6 conflicts with basic development sections of the Act requiring logical separation of urban and rural uses to provide protection to environmentally sensitive habitats, land and water resources. The County had also proposed during LUP formation that the 196 acres be included within the urban boundary line. The Commission s response was clear that the urban rural boundary is to serve as a delineation between urban and agricultural uses. The Commission s findings state, The establishment of the proposed expansion area beyond Irish Gulch intrudes into resource lands, opening up conflicts between residential and agricultural/timber uses, where no such conflicts have occurred before. The proposal was found to be inconsistent with sections 30241, 30250(a), 30252, and The subject property was also the subject of a land use plan amendment the County submitted as General Plan amendment application No. GP The County s LUP amendment application was considered by the Commission as major amendment No. LUP 1-87 and included in part proposals to: a) redesignate 6 acres of a 196-acre parcel (APN ) from rangeland to commercial, b) redesignate the remaining 294 acres in Site 2 from rangeland to residential, and c) relocate the urban-rural boundary south of Irish Gulch. These particular proposals were described within the LUP amendment as the Southern Site/ Site 2. The proposal raised issues relative to agricultural conversion, protection of environmentally sensitive habitats, water and marine resources, concentrating new development, and visual policies in the Coastal Act. At its July 8, 1987 meeting, the Commission denied LUP amendment The County resubmitted the same amendment proposal in December 1987 as part of LUP amendment At its hearing on March 23, 1988, the Commission again denied the LUP 1-87 and the portion of land use plan amendment 3-87 that pertains to the subject site as described above. The Commission s findings for denial state in part that: As discussed in the previous section concerning conversion of agricultural land to commercial use, the Coastal Act seeks to minimize conflicts between agricultural and urban uses. This proposal would have the contrary effect. PROJECT DESCRIPTION: The project includes construction of a new ±2,823 square foot single family residence with ±630 square feet of decking, a ±1,500 square foot barn, a 640 square foot guest cottage with ±210 square feet of decking, installation of a ±385 foot long gravel driveway, installation of two propane tanks, installation of a water tank, two septic tanks, and ±400 feet undergrounding of utilities to an existing well. At the tallest point the height will be ±22 feet. The development will take access off an existing road connecting the existing well to Highway 1. The proposed driveway extension will be ±385 feet long and ±12 feet wide. The property is currently vacant, absent the existing road and well. Water will be provided by the existing well. Two on-site septic disposal systems will be developed with a primary leach field area and a reserve area. See Exhibits 4, 5, 6, and 7 for site plans and elevations. SITE DESCRIPTION: The subject parcel is located south of Irish Gulch and the Irish Beach Subdivision a suburban development with comparatively high density and small lot sizes and east of Highway 1 (Exhibit 1: Location Map). Adjacent parcels to the west, east and south contain a mixture of timber, agriculture and rural residential uses.

3 BOS-3 The parcel was created as a result of Certificate of Compliance CC# (Exhibit 19: Certificate of Compliance ), which defined three separate, legal parcels from a larger 197 acre piece previously identified as APN Following the creation of the parcels, Boundary Line Adjustment B# reorganized the boundaries into today s configuration (Exhibit 20: Boundary Line Adjustment ). KEY ISSUES: Coastal Development Permit applications are subject to the findings enumerated in Section and Section of the Mendocino County Coastal Zoning Code (MCCZC). Appendix A of this report individually addresses each of the Required Findings for all Coastal Development Permits and any Supplemental Findings applicable to this project. The issues listed below are drawn from Appendix A and have been determined to be key issues because they either require special conditions for the findings to be made, or they address matters of particular concern by referral agencies. General Plan Coastal Element: Land Use Plan (Range Lands) The parcel subject to the application is classified as Range Lands by the Coastal Element of the Mendocino County General Plan (Exhibit 9: General Plan Map), and is intended to be applied to lands which are suited and are appropriately retained for the grazing of livestock and which may also contain some timber producing areas. The classification includes land eligible for incorporation into Type II Agricultural Preserves, other lands generally in range use, intermixed smaller parcels and other contiguous lands, the inclusion of which is necessary for the protection and efficient management of range lands. Principally permitted uses in the Range Land land use classification include, Grazing and forage for livestock, including: raising of crops, wildlife habitat improvement; one single family dwelling per legally created parcel, harvesting of firewood for the residents personal use, [and] home occupations (emphasis added). The proposed development includes a single family residence, a guest cottagen and a barn. The single family residence is principally permitted per the description of Range Land in the Coastal Element of the General Plan. The additional development includes permitted accessory structures to the principal use single family residential. The proposed project is consistent with the uses permitted in the Range Lands land use designation. General Plan Coastal Element: Agriculture Policies Agricultural Setting: The Local Coastal Program includes multiple policies relating to agriculturally designated lands. Coastal Act Section and Section of the California Government Code define prime agricultural land based on four factors, including Soil Conservation Service land use capability classifications, Storie Index Rating thresholds, carrying capacity and fruit/nut tree production. Based on these factors and with the use of United States Department of Agriculture soil mapping resources, the portion of the parcel consisting of Windyhollow loam (0 to 5 percent slopes) is prime agricultural land (Figure 1 and Exhibit 15-1: Soils Map). The soils meeting the criteria for prime agricultural land constitute 5.39% of the total parcel, and the proposed development is not located on these soils (Exhibit 15-2: Prime Agricultural Soils). Coastal Element policies relating to prime agricultural land are not applicable to this application. Soil No.* Soil Type* Biaggi loam (0 to 5 percent slopes) Bruhel-Abalobadiah-Vizcaino complex (9 to 30 percent Soil Capability Rating (not irrigated)** Soil Capability Rating (irrigated)** Farmland Class (Prime?)** Storie Index Rating** Percent of Parcel Comprised of Soil Type* 3-e 3-e No e 4-e No

4 BOS slopes) Dystropepts (30 to 75 percent slopes) Shinglemill-Gibney complex (2 to 9 percent slopes) Windyhollow loam (0 to 5 percent slopes) Windyhollow loam (5 to 15 percent slopes) N/A N/A No N/A w 3-w No w 2-w Yes w 3-w No Figure 1: Agricultural Capability of Soils on APN *Soil Suvey of Mendocino County, California, Western Part - **USDA Natural Resource Conservation Service (Soils) Several Coastal Element policies also pertain to parcels adjacent to lands in either Type I or Type II agricultural preserves. The subject parcel is not adjacent to any Williamson Act agricultural preserves. Policies specific to parcels adjacent to agricultural preserves are not applicable to this application. Agriculture Policy 3.2-1: All agricultural land use, as represented within the agriculturally designated boundaries on the land use maps, shall be designated AG-60 or RL-160 for the purpose of determining density. This will support continued coastal agriculture use. One housing unit will be allowed for each existing parcel. Additional dwellings for resident agricultural workers shall be considered as conditional uses, subject to the provisions of this plan. The subject parcel is designated RL-160, which has a maximum allowable residential density of one unit per legally created parcel. The application proposes one single family residence, in addition to accessory uses allowable per Mendocino County Coastal Zoning Code Sec The California Coastal Commission established an urban/rural boundary at Irish Gulch, separating the suburban development characteristic of the Irish Beach Subdivision to the north and the rural land uses to the south. General Plan amendment application GP# 5-86, which had sought to redesignate land south Irish Gulch to commercial and residential land use designations was denied on the basis of preserving the existing urban/rural boundary at Irish Gulch. Despite efforts to modify the land use plan to designations with greater density and increased intensity of land use, the Coastal Commission has sought to preserve the Range Lands land use designation on the subject parcel, and maintain the urban/rural boundary at Irish Gulch. The proposed project falls within the maximum dwelling density permitted in the Range Lands district. The development of one single family residence on the approximately 60 acre parcel is consistent with the density of existing rural development south of the urban/rural boundary. Agriculture Policy 3.2-5: All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands. The development of the principally permitted single family residential unit and the associated permitted accessory structures does not convert the land to a state that is unsuitable for agricultural use, nor does the proposed development prohibit continued or renewed agricultural uses. The development encompasses approximately two acres, or less than 5% of the total parcel area, preserving the majority of the parcel for potential agricultural use. Furthermore, the development exhausts the allowable density for both residences and accessory living units, and is located apart from the only portion of the parcel classified as prime agricultural land, in effect preserving the fragment of the parcel best suited for future agricultural use. Agriculture Policy 3.2-9: In order to minimize agricultural-residential conflicts, land divisions or site plans in a residential area shall not result in a residential structure being closer than 200 feet from a parcel designated for agricultural use unless there is no other feasible building site on the parcel.

5 BOS-5 In a revised site plan submitted by the agent for the applicant on July 18, 2014, the proposed development is greater than 200 feet from all property lines (Exhibit 4: Site Plan). Agriculture Policy : All agricultural lands designated AG or RL shall not be divided nor converted to non-agricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or (3) concentrate development consistent with Section Any such permitted division or conversion shall be compatible with continued agricultural use of surrounding parcels. As previously stated, the proposed development does not convert the land to a state that is unsuitable for agricultural use, maintains over 95% of the parcel available for grazing or other agricultural operation, and preserves the one element of the parcel meeting the qualification for prime agriculture that which consists of Windyhollow loam soil type (0 to 5 percent slopes). General Plan Coastal Element: Hazard Management Chapter 3.4 of the Mendocino County Coastal Element addresses Hazard Management within the Coastal Zone. Seismic Activity: The property neither lies within, nor does it adjoin a mapped Alquist-Priolo Earthquake fault special study zone. The San Andreas Fault is located approximately 0.5 miles to the south west and is the nearest active fault (Exhibit 18: Seismic Studies Area). There is no evidence to suggest there is an unrecognized fault on the site. The site, like the rest of Mendocino County, is subject to strong ground shaking. Figure 3-12 of the Mendocino County General Plan indicates that the subject parcel is not located in a known area of soil liquefaction. Any potential ground shaking would be associated with the construction phase of the development, and would only be temporary in nature. Erosion: The project development site is located approximately 2,000 feet from the edge of an ocean bluff. This site consists of relatively flat terrain (Exhibit 2: Topographic Map). Development associated with the project is subject to the County s construction site erosion control and post construction drainage requirements of the County s Coastal Zoning Ordinance and Stormwater Ordinance and implemented with the approval of a building permit. Fire: The project is located in an area that has a moderate fire hazard severity rating, as determined by the California Department of Forestry and Fire Prevention (CalFire). CalFire has submitted recommended conditions of approval (CDF# 19-14) for address standards, driveway standards, and defensible space standards. Condition 9 is recommended to achieve compliance with CDF fire safety standards. The project is located within the South Coast Fire District. The District received a copy of the application and did not reply with comments. General Plan Coastal Element: Visual Resources Protection of visual resources is a specific mandate of Section of the Coastal Act, and subsequently addressed in Chapter 3.5 of General Plan s Coastal Element and Section of the Mendocino County Coastal Zoning Code (MCCZC). The property lies east of Highway 1, and south of the Irish Beach subdivision. Highway 1 runs past the property, through a residential subdivision to the north and through agricultural land to the south. The public view from the highway is a mixture suburban residential development, pastureland, and rural residential homes on either side of the road. The project is located in an area that is excluded from the Highly Scenic Area designation of the Land Use Plan (Exhibit 14: Highly Scenic Areas). Consequently, the project is not subject to Local Coastal Program Visual Resource policy. However, the Coastal Element of the General Plan includes development standards and resource protection requirements that require new development to be sited and designed to be visually compatible with the character of surrounding areas.

6 BOS-6 The project would place a single family residential structure, guest cottage and a barn approximately 900 feet from Highway 1. The residence will be visible from the highway. The proposed structures will not be visible from any other scenic vista or public place. The proposed height of the structures (approximately 22 feet above grade) is lower than the maximum allowed in the zoning district and will not appear as a silhouette against the sky from any public vantage point due to the ridges to the east. The project will appear similar to the existing rural residential development located along Highway 1. Existing commercial, industrial, and residential development in the area produce daytime glare reflected by windows in the afternoon, and nighttime light emitted by exterior fixtures and uncovered windows. These sources vary from small-scale, low-intensity lighting in nearby rural residential development to more powerful and indiscreet lighting associated with nearby commercial and industrial uses. Section of the Coastal Zoning Code (Exterior Lighting Regulations) addresses lighting issues related to the visual resources components of the Local Coastal Program: (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. No lighting is shown on the proposed site plan or building elevations. Condition 10 is recommended for the Coastal Development Permit to ensure that any exterior lighting will comply with Coastal Zoning Code lighting standards. Consequently, the project will be visually compatible with the character of the surrounding areas and existing development, and is in conformity with the visual resources policies of the Local Coastal Program. If developed in compliance with the recommended conditions of approval, and the additional findings relating to the Local Coastal Program enumerated elsewhere in this checklist can be made, the proposed development will be in conformity with the certified Local Coastal Program. Utilities The Mendocino County Division of Environmental Health (DEH) reviewed the proposed septic improvements, and the Irish Beach Water District (IBWD) reviewed the application with a focus on the proposed well. In a letter dated May 2, 2014, DEH stated that the Division can provide clearance to this CDP, as it does appear consistent with the approved septic design (ST 26418). DEH went on to require that any construction near the driveway must maintain an 8 foot setback to the replacement leachfield area. DEH will have the opportunity to review building permit applications prior to development of the project, pursuant to Conditions 4 and 5, at which time they will ensure proper setbacks to leachfield areas. No condition in association with DEH comments is necessary at this time. The parcel is located within the boundaries of IBWD (Exhibit 12: Water District). The District received the application for development and replied on May 17, 2014, that the project is subject to the conditions of IBWD Resolution No , adopted by the IBWD Board of Directors on March 9, 2013 (Exhibit 21: Irish Beach Water District Resolution). The resolution requires a deed restriction limiting the amount of water extraction permitted by the production well. Condition 11 is recommended to ensure compliance with IBWD Resolution No , so that the proposed development will be provided with adequate water.

7 BOS-7 Access Roads California Department of Transportation (Caltrans) and Mendocino County Department of Transportation (MDOT) had the opportunity to comment on the application concerning access. In a letter dated April 30, 2014, MDOT replied that the proposed work does not directly impact a County road, and therefore supplied no comment. On May 6, 2014, Caltrans supplied comments offering conditional approval of the application. The first condition requires that access improvements for the proposed development must be constructed to meet Caltrans standards for a residential driveway approach which are defined in Chapter 200, Topic 205 of the Highway Design Manual. Additionally, Caltrans notified the applicant that work within the State highway right of way, including access improvements, will require a current Encroachment Permit. Condition 12 is recommended in accordance with the Caltrans conditional approval. Drainage Drainage is subject to Section of the Mendocino County Coastal Zoning Code (MCCZC), which 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 stormwater retention shall be based on appropriate engineering studies. Control methods to regulate the rate of stormwater 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 proposed development will increase the amount of impervious surfaces on this parcel, therefore increasing post-construction runoff. Increases in impervious surfaces in a watershed, such as roofs and roads, increases surface runoff from a site creating the potential to cause erosion and degrade aquatic health. Development in any watershed can have cumulative impacts on watershed health; therefore, it is recommended that roof top and driveway runoff be directed to landscaped areas to slow the rate of runoff and increase infiltration. Native and drought tolerant plants are recommended for landscaped areas. Condition 13 is recommended to reduce impacts from increasing the impervious area, and to provide the development with adequate drainage. Zoning Range Lands: Intent The parcel is zoned Range Lands (RL) (Exhibit 8: Zoning Map). MCCZC Sec states the intent of the district is to encompass lands within the Coastal Zone which are suited for and are appropriately retained for the grazing of livestock and which may also contain some timber producing areas. The proposed development would not preclude the utilization of the land for a grazing operation in the future, and does not terminate any existing agricultural use. Zoning Range Lands: Use The uses in association with the application include Family Residential: Single Family, Accessory Living Unit Guest Cottage, Accessory Building Barn 1. 1 The submitted application and associated site plan depict the proposed guest cottage as a portion of the proposed barn. Per a telephone conversation with the agent for the applicant on August 13, 2014, Condition 17 requires the submission of a revised site plan showing the barn and guest cottage as two detached structures.

8 BOS-8 Family Residential: Single Family: The application proposes the development of an approximately 2,800 square foot single family residence (Exhibit 6: Residence Floor Plans and Elevations). The MCCZC defines Family Residential: Single Family as the use of a parcel for only one (1) dwelling unit. Single Family Residential development is a principally permitted use in the RL district, per MCCZC Section (A). Accessory Living Unit Guest Cottage: The application proposes to develop a 640 square foot guest cottage located approximately 160 feet east of the proposed single family residence. Guest cottages are considered an Accessory Living Unit, and permitted as an Accessory Use in the RL district with the benefit of a Coastal Development Permit (Coastal Act Section 13250(a)(2)). Guest cottages are defined in Section of the MCCZC as a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without kitchen, clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling. The square footage and contents of the guest cottage will be inspected by a Mendocino County Building Inspector prior to finalizing the building permit application necessary to construct the guest cottage, provided this Coastal Development Permit is issued. Condition 14 is recommended to ensure the guest cottage is consistent with the provisions of the Mendocino County Zoning Code. The original application represented the proposed barn and guest cottage located within the same structure. Condition 17 requires the applicant submit a revised plot plan, prior to issuance of a building permit, depicting the guest cottage and barn as two separate structures, located at least 40 feet apart, per Section (G) of the MCCZC. This code section requires barns to be not less than forty (40) feet from any dwelling. Accessory Use Barn: Accessory Uses are permitted in the RL district by MCCZC Section (A). Barns are identified as permitted accessory uses in Section (E). Section (B) defines a barn as a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies. The application proposes an approximately 1,500 square foot barn. Condition 15 is recommended to ensure the barn is developed as it is defined by the Mendocino County Zoning Code. Again, Condition 17 requires the applicant submit a revised plot plan, prior to issuance of a building permit, depicting the guest cottage and barn as two separate structures, located at least 40 feet apart, per Section (G) of the MCCZC. This code section requires barns to be not less than forty (40) feet from any dwelling. Zoning Range Lands: Density Section of the MCCZC states the maximum dwelling density for the RL district as, One (1) unit per one hundred sixty (160) acres except as provided pursuant to Section (Farm Employee Housing), Section (Farm Labor Housing), Section (Accessory Uses), Section (Use of a Trailer Coach) and Section (Family Care Unit). In no case shall there be more than four (4) dwellings per parcel whether single family residential, farm employee housing, farm labor housing, accessory living unit or family care unit, except where Chapter Clustering Development Combining District applies. The proposed built-out dwelling density of the parcel includes one single family residence and one guest cottage, resulting in two total dwellings. In order to maintain conformance with the maximum dwelling density allowed by Section , Conditions 14 and 15 are recommended to prevent the accessory uses from rising to the definition of a residence. Zoning Range Lands: Yards Minimum required front, rear and side yards in the RL district are fifty feet per MCCZC Section Additionally, the MCCZC Section , which deals with Agricultural Resources, requires that no new dwellings in a residential area shall be located closer than two hundred (200) feet from an agriculturally designated parcel unless there is no other feasible building site on the parcel. All parcels south of Irish Creek are designated by the General Plan for agriculture. A revised site plan, supplied by the agent for the applicant on July 18, 2014, depicts all development at least 200 feet from all property lines (Exhibit 4: Site Plan).

9 BOS-9 Cultural Resources The application was referred to the Northwest Information Center (NWIS) of the California Historical Resources Information System for input regarding archaeological or paleontological resources. In a letter dated April 25, 2014, NWIS indicated that Study #345 (Flynn 1976), covering approximately 100% of the proposed project area, identified no cultural resources. However, NWIS added that due to the passage of time since the previous survey (Flynn 1976) and the changes in archaeological theory and method since that time, we recommend a qualified archaeologist conduct further archival and field study for the entire project area to identify cultural resources. As a result, the project was then referred to the Mendocino County Archaeological Commission for further review. On May 14, 2014, the Archaeological Commission reviewed the application and required that a survey of the entire property take place prior to their clearance of the application. Thad Van Bueren, a Registered Professional Archaeologist, performed a survey of the parcel for cultural resources and prepared a report based on the findings of his survey dated June 10, Mr. Van Bueren reported in his findings that a prehistoric resource was found on the parcel; however, the discovered resource is far removed from any of those proposed development activities and no impacts are therefore anticipated. The archaeological report was reviewed by the Archaeological Commission at their hearing on July 9, At the hearing, the Archaeological Commission accepted the survey, and recommended conditions consistent with the archaeologist s report. Condition 8 is recommended in the event that any future development occurs in the area where the prehistoric resource was found during the survey, and to ensure that the proposed development will not have any adverse impacts on any known archaeological or paleontological resource. Natural Resources On November 26, 2013, Powers Forestry performed a Habitat Scoping Report that covered the area of development plus a 100 foot buffer. The conclusion of the report stated that no state or federally listed plants occur within the habitats assessed on the surveyed development site. The project area has been substantially modified by cattle grazing over many decades and does not provide functional habitat for any state or federally listed plant species. On November 15 and 17, 2013, Powers Forestry performed a Point Arena Mountain Beaver and Sonoma Tree Vole Survey Report. The biologist surveyed the development area in addition to a 100 foot buffer extending beyond the development area. The report summarizing the survey concluded that the site offers less than optimal functional habitat for the both the Point Arena Mountain Beaver and the Sonoma Tree Vole. The survey did not identify any evidence of either species within 100 feet of the project area. Finally, Powers Forestry performed a Habitat Assessment for the Behren s Silverspot Butterfly on May 12, The methods of the study matched that of the Habitat Scoping Report and the species survey reports, with the biologist surveying the development area plus a 100 food buffer. The survey concluded that No Viola adunca or Viola species was found within the botanical survey area. The United States Fish and Wildlife Service, based on the findings of the above-referenced reports and surveys, that the project is not likely to result in unauthorized take of Behren s silverspot butterfly or Point Arena mountain beaver and can proceed as proposed. As such, no environmentally sensitive habitat area has been identified on the parcel, and no development is occurring within an environmentally sensitive habitat area.

10 BOS-10 Resource Lands Section (2)(A) of the MCCZC requires that no permit shall be granted in [AG, RL and FL] zoning districts until the following finding is made: The proposed use is compatible with the long-term protection of resource lands. The development of the principally permitted single family residential unit and the associated permitted accessory structures does not convert the land to a state that is unsuitable for agricultural use. The development encompasses approximately two acres, or less than 5% of the total parcel area, preserving the majority of the parcel for potential agricultural use. Furthermore, the development exhausts the allowable density for both residences and accessory living units, and is located apart from the only portion of the parcel classified as prime agricultural land, in effect preserving the fragment of the parcel best suited for future agricultural use. In an effort to limit conflicts between residential uses and agricultural lands, a buffer of at least 200 feet is maintained from boundaries with adjacent agriculturally designated parcels. In order to confine future development to the footprint of this application, and ensure that the project does not convert the land to a state that is unsuitable for agricultural use and does not prohibit continued or renewed agricultural uses, Condition 16 is recommended. 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. REQUIRED FINDINGS FOR ALL COASTAL DEVELOPMENT PERMITS: 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. SUPPLEMENTAL FINDINGS 8. The proposed use is compatible with the long-term protection of resource lands. CONDITIONS OF APPROVAL: 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

11 BOS-11 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 of the Mendocino County Code. 9. The applicant shall comply with those recommendations in the California Department of Forestry Conditions of Approval (CDF #19-12) 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. 10. Prior to issuance of the building permit, the applicant shall submit an exterior lighting plan and design details or manufacturer s specifications for all the exterior lighting fixtures. Exterior lighting shall be kept to the minimum necessary for safety and security purposes and shall be downcast and shielded in compliance with Section of the Mendocino County Coastal Zoning Code. 11. Prior to issuance of the Coastal Development Permit, the applicant shall record a declaration, reviewed and approved by Planning and Building Services Staff, County Counsel, and the Irish

12 BOS-12 Beach Water District consistent with the requirements of Irish Beach Water District Resolution The following conditions are required to provide adequate access to the parcel, per a California Department of Transportation letter dated May 6, a. Access improvements for the proposed development must be constructed to meet Caltrans standards for a residential driveway approach. Standards for design of residential driveway approaches can be found in Chapter 200 Topic 205 of the Highway Design Manual. b. Any work within the State highway right of way, including access improvements, will require a current Encroachment Permit. 13. Prior to issuance of the building permit, the applicant shall specify Best Management Practices to be implemented to reduce erosion and sedimentation from construction activities. If the amount of grading on the site exceeds fifty (50) cubic yards, the applicant shall cease construction activities and develop a Grading and Erosion Control Plan for the site and submit it to the Planning Division for review and approval. 14. The guest cottage shall be limited to 640 square feet of gross floor area, without kitchen (provisions for the storage and/or preparation of food), clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling, as defined in Section of the Mendocino County Coastal Zoning Code. 15. The barn shall be a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies, as defined in Section of the Mendocino County Coastal Zoning Code. The barn shall not be conditioned for habitation. 16. Prior to issuance of the Coastal Development Permit, the applicant shall record a declaration, reviewed and approved by Planning and Building Services staff and the Agricultural Commissioner precluding any use, other than agricultural uses, on all areas of the parcel not within the footprint of the development depicted in Exhibit 4: Site Plan. 17. Prior to issuance of a building permit, the applicant shall submit a revised site plan reviewed and approved by Planning and Building Services staff showing the following: a. The guest cottage and barn shall be depicted as two separate structures, with the barn located at least forty (40) feet from any dwelling, including the guest cottage, per Section (G) of the Mendocino County Coastal Zoning Code. b. All development depicted in the revised site plan must be within the boundary of the Habitat Scoping Report prepared by Powers Forestry in their report dated November 26, Staff Report Prepared By: DATE SCOTT PERKINS PLANNING TECHNICIAN

13 BOS-13 Coastal Development Permit Approved By: DATE ANDY GUSTAVSON COASTAL PERMIT ADMINISTRATOR SP/hm August 14, 2014 Attachments: Appendix A Findings for Approval Checklist Appendix B Maps and Exhibits SUMMARY OF REFERRAL AGENCY COMMENTS: Planning Ukiah Mendocino Department of Transportation Environmental Health Fort Bragg Building Inspection Fort Bragg Department of Fish & Wildlife Caltrans Coastal Commission U.S Fish and Wildlife Services Agricultural Commissioner Northwest Information Center South Coast Fire District Irish Beach Water District No Comment No Comment No Comment No Comment No Comment Recommended Conditions Offered Policy Framework, Project History Requested Additional Studies, Offered Clearance No Comment Arch Survey Recommended No reply Recommended Conditions