Legal Nonconforming Use Determination, ORD19-0011; Vacation Beach
Summary
SCH Number
2023030391
Public Agency
Sonoma County
Document Title
Legal Nonconforming Use Determination, ORD19-0011; Vacation Beach
Document Type
NOE - Notice of Exemption
Received
Posted
3/15/2023
Document Description
The County of Sonoma issued a legal non-conforming use determination on the subject property. The determination recognizes the subject property’s historic use as a public access point to the Russian River meets the criteria of a legal non-conforming use because the current use of the property is substantially unchanged and no new development, uses, or structures are proposed. Therefore, the public may continue to use the subject property as a public trail.
Contact Information
Name
Marina Herrera
Agency Name
Permit Sonoma
Job Title
Planner III
Contact Types
Lead/Public Agency
Phone
Location
Coordinates
Cities
Guerneville
Counties
Sonoma
Regions
Northern California
Cross Streets
River Lane
Zip
95446
Parcel #
071-220-068
Waterways
Russian River
Township
08N
Range
10W
Section
31
Base
MDM
Other Location Info
Present Land Use/Zoning/General Plan Designation: R1 B6 1 DU, F1 F2 LG/116 RC50/50 VOH
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines at California Code of Regulations, Title 14, Sections 15060(c)(1), 15060(c)(2), 15301, and 15061(b)(3).
Reasons for Exemption
This determination is statutorily exempt from the California Environmental Quality Act ("CEQA”) pursuant to CEQA Guidelines Section 15060(c)(1) because the determination did not involve the use of discretionary powers. Additionally, the nonconforming use determination is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The determination does not authorize any alterations to land, modifications to the historic and existing use, new land uses, development, or any structures. Therefore, the determination will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not subject to CEQA according to CEQA Guidelines Section 15060(c)(2). Therefore, under either section15060(c)(1) or 15060(c)(2), the nonconforming use determination is not a project and not subject to CEQA.
Alternatively or additionally, even if the nonconforming use determination were a project, the determination would be exempt under CEQA Guidelines Section 15301 (Existing Facilities Exemption) because the determination only recognizes the existing, historic use on the subject property. Since at least the 1940’s, the subject property has been continuously used as a public trail. The determination does not authorize any alterations to land, new uses, modifications to the existing use, or any development. Further, if this determination were a project, it would also be exempt under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because it can be seen with certainty that there will be no significant impacts caused by the County recognizing a historic, existing public trail. The determination does not authorize any alterations to land, structures, new uses, modifications to the existing use, or any development.
County Clerk
Sonoma
Attachments
Notice of Exemption
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