In a recent report, the Mendocino County Grand Jury found that the county’s Planning and Building Services department was in serious need of oversight, particularly when it comes to permitting housing.
“The primary objective of (Planning and Building Services) is to safeguard the public’s health, safety and welfare by regulating the design, construction and maintenance of buildings within the county, (but) unfortunately, this mandate has been neglected,” states the Grand Jury report titled: “Planning and Building Department Structural Issues: Exposing the Cracks.”
According to the 2024-25 Grand Jury, it “received a complaint regarding a misuse of the Class K permitting process at PBS. This complaint contained evidence of a lack of communication between divisions within PBS, misuse of discretion, failure to perform onsite inspections, overlooked code violations, dumping of trash on Jackson State Forest property, permitting commercial structures as Class K, ignoring toxic waste in Class K structures, finalizing permits prior to compliance with Cal Fire Public Resource Code, and other violations. An onsite visit by Grand Jury members confirmed these findings.”
In addition, the Grand Jury continues, “three additional, separate complaints, all similar in nature, were received during the Grand Jury year, further exposing the severity of the problems that exist within Mendocino County PBS. These complaints contained evidence of a lack of organized structure and communication between and within departments, divisions and staff. These inconsistencies in the interpretation and application of State law and County ordinances give the perception of favoritism and double standards.”
During the investigation process the Grand Jury reports that it “conducted personal interviews with all complainants, as well as site visits to all locations that were identified in the complaints, to fully understand the facts. The site visits confirmed that PBS had failed to adhere to State law and local ordinances; this failure allowed complaints to escalate into multi-year disputes between PBS, the complainants and adjacent property owners. The Grand Jury also found a lack of comprehensive policies and procedures governing all PBS staff.”
“The safety of all county residents is jeopardized by PBS personnel who are not trained in policies and procedures that would allow permits to be finalized in a consistent, reasonable and fair process for all applicants, and that structures being permitted have met the minimum safety requirements for the protection of life, welfare and property,” the report alleges. “A mechanism is needed for oversight to ensure PBS is effectively and efficiently meeting the needs of the residents of Mendocino County and to ensure staff is not working outside the scope of their job descriptions.”
Grand Jury findings
Mendocino County Planning and Building Services is misusing the intent of the Limited Density Rural Dwelling Permit/Class K resulting in inconsistent processing of applications. Class K permits are currently being issued for uninhabitable structures that do not meet the established criteria in MCC Chapter 18.23, threatening the life, welfare and property of our county residents. Mendocino County Planning and Building Services has failed to enforce PRC 4290 in the State Responsibility Area on pre-existing habitable, commercial and industrial buildings, creating a significant life safety hazard. There is a lack of comprehensive formalized policies and procedures within all divisions in PBS. This lack of clearly written guidelines leads to inconsistent practices, an increased risk of non-compliance and inefficiencies, including but not limited to the handling of permits, inspections and fees. The lack of formalized policies and procedures has resulted in the absence of a clear framework for assessing staff performance in the timely processing of permits, inspections and fees. Without mechanisms for employees or managers to evaluate performance, there are no checks and balances in place to ensure compliance with best practices or established expectations, leaving room for inefficiencies and inconsistent results. The absence of established training programs and policies and procedures creates life safety hazards that threaten all residents in Mendocino County and places all first responder personnel at risk. The Board of Supervisors has not provided adequate leadership, which allows PBS to remain mired in a cycle of ineffective past practices. Change and accountability are critical. The Limited Density Rural Dwelling/Class K Ordinance, originally justified as a tool to address Mendocino County’s housing shortage, has not served this purpose. Instead of facilitating the construction of needed housing, the ordinance has primarily allowed builders to circumvent standard building codes and regulations. The failure of PBS to respond to code enforcement complaints in a timely manner has created significant financial hardship for residents, who have been forced to seek legal representation to resolve disputes with PBS. This prolonged inaction has left many residents with unresolved issues, leading to financial burdens from legal fees and ongoing frustration.Grand Jury recommendations
The Board of Supervisors give direction to the Mendocino County Chief Executive Officer to instruct Planning and Building Services to immediately enforce Public Resource Code 4290 for all new permits pertaining to preexisting and habitable structures, commercial and industrial buildings, by July 1, 2025. The Board of Supervisors give direction to the Chief Executive Officer to have a working draft of Policies and Procedures for all divisions within Planning and Building Services. The guidelines should be comprehensive, standardized and easily accessible to all staff members to ensure that the processes are consistently followed and comply with regulatory requirements, by Jan. 1, 2026. The Board of Supervisors give direction to the Chief Executive Officer to instruct Planning and Building Services to have a final version of Policy and Procedures for all divisions, by April 1, 2026. The Board of Supervisors instruct the Chief Executive Officer to implement new software applications for tracking all processes in Planning and Building Services, including but not limited to permits, inspections, fees and Code Enforcement complaints, by April 1, 2026.The Grand Jury notes that a response is required from the Mendocino County Board of Supervisors with 90 days to “All Findings and All Recommendations,” and that both the Mendocino County Chief Executive Officer and the Director of Planning and Building Services are “invited to respond” within 60 days to all of the findings and recommendations.
The full report, and others, can be read here:
www.mendocinocounty.gov/government/county-organization/grand-jury/2024-25-reports
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