Hohnloser De novo review of proposed boundary line adjustment at and South Highway One, Gualala, Mendocino County (APN ) Item F12a Appeal No. A-1-MEN Slide #1

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Approximate existing parcel configuration Copyright (C) Kenneth & Gabrielle Adelman, California Coastal Records Project, Slide #3

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Boundary Line Adjustment Proposes to enlarge developed parcel to create buffer from future development on vacant parcel. Vacant parcel contains 3 ESHA types: 1) coastal bluff morning-glory; 2) Northern coastal bluff scrub; and 3) wetlands. Building envelope for future residence located within 50’ of ESHA. Biological report indicates direct impacts will occur to coastal bluff morning-glory resulting from future development facilitated by land division. Slide #5

parcel configuration Proposed adjustment wetland Building envelope Rare plant/community ESHA Additional rare plants (CBMG) found during site visit Rare plants to be impacted by development Slide #6

Developed Parcel Slide #7

Vacant parcel Coastal bluff morning-glory occurs in grassy areas Slide #8

Reasons for denial BLA’s = land divisions Adequate Building Site Outside ESHA and ESHA Buffers Not Established –Mendocino County LUP Policy states the following (emphasis added): Land divisions, including lot line adjustments which are located within Environmentally Sensitive Habitat Area boundaries (which are shown on the Land Use Maps, and subject to Policy 3.1-1), will not be permitted if: (1) any parcel being created is entirely within an Environmentally Sensitive Habitat Area; or (2) if any parcel being created does not have an adequate building site which would allow for the development of the building site consistent with Policy Slide #9

Reasons for denial LUP Policy states the following (emphasis added): –A buffer area shall be established adjacent to all environmentally sensitive habitat areas… New land division shall not be allowed which will create new parcels entirely within a buffer area. Developments permitted within a buffer area shall generally be the same as those uses permitted in the adjacent environmentally sensitive habitat area Slide #10

Reasons for denial Future Residential Use Is Not Allowed Within ESHA and ESHA Buffers Section of the CZC states, in applicable part, the following (emphasis added): –(A) Buffer areas. A buffer shall be established adjacent to all environmentally sensitive habitat areas… (1) Width. The width of the buffer area shall be a minimum of one hundred (100) feet, unless an applicant can demonstrate, after consultation with the California Department of Fish and Game, and County Planning staff, that one hundred 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. New land division shall not be allowed which will create new parcels entirely within a buffer area. Developments permitted within a buffer area shall generally be the same as those uses permitted in the adjacent Environmentally Sensitive Habitat Area… (3) Land Division. New subdivisions or boundary line adjustments shall not be allowed which will create or provide for new parcels entirely within a buffer area. Slide #11

parcel configuration Proposed adjustment wetland Building envelope Rare plant/community ESHA Additional rare plants (CBMG) found during site visit Rare plants to be impacted by development Slide #6

Reasons for denial There is no feasible alternate building envelope that avoids ESHA. Approval of a land division, including a boundary line adjustment, is discretionary on the part of the approving authority; a property owner does not have an entitlement to adjust the boundaries of property that he has purchased. By reducing the size of Parcel 2 by half an acre, the proposed boundary line adjustment reduces opportunities to achieve compliance with the ESHA mitigation policies of the certified LCP. Slide #13