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APPEAL OF PLANNING COMMISSION RESOLUTION NO. PC_2022-0018 WHICH CLARIFIED THE INTERPRETATION OF MENDOCINO COUNTY CODE AS IT RELATES TO OCCUPANCY OF AN ENTIRE DWELLING UNIT AS TRANSIENT HABITATION

Post Date:04/13/2023 2:30 PM

On November 17, 2022, the Mendocino County Planning Commission adopted Resolution No. PC_2022-0018, which the clarified interpretation of Mendocino County Code as it relates to occupancy of an entire dwelling unit as transient habitation.

Planning Commission Resolution No. 2022-0018 makes several findings and determinations. First, it determines that the occupancy of an entire dwelling unit for transient habitation is not classified as “Room and Board.” Second, it classifies the occupancy of an entire dwelling unit being used for transient habitation as “Transient Habitation – Lodging (Limited)”, a commercial use type. Under this interpretation, a Major Use Permit would be required for all entire-home transient habitation use. This interpretation also affects some of the zoning districts in which this use type would be allowed. “Transient Habitation – Lodging (Limited)” is permissible in nearly all the same zoning districts as “Room and Board” except for General Commercial (C2).

The renting of no more than two rooms within a dwelling unit for transient habitation remains unchanged with this interpretation and remains an allowable accessory use as “Room and Board”, and subject to the permitting standards based upon the property’s location regarding a publicly maintained road.

On November 23, 2022, Planning Commission Resolution No. PC_2022-0018 was appealed to the Board of Supervisors, pursuant to Mendocino County Code chapter 20.208.

The Mendocino County Board of Supervisors will conduct a public hearing on the appeal on April 25, 2023, at 9:00 am, or as soon thereafter as the item(s) may be heard. Please see attached Notice of Public Hearing for additional information.  

The staff reports, notices, and related materials will be available for public review 10 days prior to the scheduled hearing on the Department of Planning and Building Services website at:  https://www.mendocinocounty.org/government/planning-building-services/public-notices

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