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Mendocino CPA adopts mitigated negative declaration and approves Fern Drive addition; county clarifies encroachment and vesting questions

October 10, 2025 | Mendocino County, California


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Mendocino CPA adopts mitigated negative declaration and approves Fern Drive addition; county clarifies encroachment and vesting questions
The Mendocino County Coastal Permit Administrator adopted a mitigated negative declaration and approved a standard coastal development permit on Oct. 9, 2025, for Mark and Kathleen Boley’s property at 45175 Fern Drive (CDP2023-0012), with a small revision to replace placeholder marks in finding 4 with the state clearinghouse number 2025081336.

Planner Jesse Waldman outlined the proposal to construct an addition to the single-family residence that would include a new bathroom, deck, porch, entry, gates, a hot tub (on a slab), landscaping walls, replacement of the entry stairway, reconfiguration of parking and fencing, and related driveway and septic adjustments. The parcel is approximately 0.6 acres, located about 1.8 miles north of the town of Mendocino and subject to rural residential (5-acre minimum) land-use designations with an alternate density of one acre.

Waldman said the parcel lies within the coastal zone west of the first public road and within 100 feet of an environmentally sensitive habitat area (ESHA); the project is therefore appealable to the California Coastal Commission and was circulated to trustee agencies. CDFW raised concerns about preserving waterways; staff included avoidance measures and timing restrictions in conditions 16–18 and recommended work be performed in the dry season where appropriate. The project proponent obtained a will-serve letter from the Shorelands Road and Water District.

Waldman described driveway and drainage work proposed to address runoff: grading, junction boxes on the west and east sides of the driveway near the house, and related parking-area improvements. He also said relocation of a septic tank would be needed to establish a new deck entrance. “If it is done in accordance to the mitigation measures as proposed in the staff report, staff finds that this would be the least impactful,” Waldman said.

Agent Deborah Lennox thanked staff for following up on agency comments and scheduling the CDFW site visit. Property owner Mark Boley said he and his wife are “good with all of these improvements” and that driveway work would likely begin in spring due to seasonal mitigation windows. The applicant asked whether beginning driveway work under an encroachment permit would vest the coastal development permit. Waldman and the Coastal Permit Administrator responded that an encroachment permit from the Department of Transportation is required for work in the right of way and that some driveway work outside the right of way could require a grading permit from the building department. Staff noted that driveway improvements alone have not generally been sufficient to vest a CDP and that the county usually looks for an additional approved improvement to establish vesting; staff offered to continue the vesting discussion with the applicant after the hearing.

The Coastal Permit Administrator revised finding 4 to insert State Clearinghouse number 2025081336, adopted the mitigated negative declaration, and approved the project subject to the revised findings and the conditions in the staff report. Staff recorded no public comments at the hearing.

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