Response Form Re: Report Titled: Ricochet Bullets - No Problem! Report Dated: February 19, 2011 Response Form Submitted*

(Finding 4); The City or County Planning Commissions ensure all buildings modified or built after 6. 1982 be inspected for compliance, (Findings 2, 14-16, 26); and The County Planning and Building Department perform all required inspections of septic

"The County and the City each disclaim responsibility as to who has planning/zoning jurisdiction over the property leased from the City and located outside the City limits." Mendocino County Department of Planning and Building Services disagrees with this finding. ٠, Pursuant to Government Code Sections § 53090 and 53091, the County Planning and Building Services Department has no jurisdiction over the facility as it is on City of Ukiah owned property. Government Code § 53090, subdivision (a) defines a "local agency" as an agency of the state for the local performance of governmental or proprietary functions within limited boundaries." It then excludes from that definition, however, "the state, a city, a county," and two special districts not involved here. Section 53091 then states that "Each local agency shall comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated." By reading these two sections together, one finds that the State, cities, counties, and the two special districts mentioned in § 53090 are exempt form local zoning and building regulations. Staff believes that the applicable sections of the Government Code that provides a mutual exemption from each others building and zoning regulations. With that said, the City of Uklah does not exercise its building and zoning authority on lands owned by the County located within City limits and as such the County does not exercise its building and zoning authority on lands owned by the City of Ukiah located outside of the City limits. Findings: Required Response: Mendocino County Department of Planning and Building Services This response is relative to Findings Numbers 14 and 15 contained on ,

which state "The UGC has one 1200-gallon septic system that serves one mobile home and the clubhouse. There are two port-a-potties on the property," and "There are two restrooms and a kitchen at the clubhouse." ☑ The Mendocino County Department of Planning and Building Services disagrees with this

which states "In 1993, the UGC requested the County to issue a Use Permit for an archery range," and "In March 1994, the County issued Use Permit 27-93 to the Ukiah Archers for a range on the UGC property. The permit was withdrawn on October 17, 1994 at Ukiah Archer's request." ☐ The Mendocino County Department of Planning and Building Services partially disagrees with this finding. On April 21, 1994, the Mendocino County Planning Commission approved Use Permit #U27-93 for the City of Ukiah/Ukiah Archers. The Use Permit was withdrawn at the request of the Ukiah and a group of Archer's citing financial difficulties as the reason for not being able to meet their conditions of approval. Planning and Building Services will contend that this permit may have been processed in error, since the original application indicates that it was filed by someone other than the City of Ukiah in November 1993, and it was not until January 1994 that the City of Ukiah was shown to be the owner. However, upon the correction, staff should have treated this application/proposed use as exempt under Government Code Sections § 53090 and § 53091. Since the application was withdrawn, and the permit was not exercised, there is in essence no permit or conflict with Government Code Sections § 53090 and § 53091. The corrective approach would have been for the City of Ukiah to have processed any permits for the facility.

1982 be inspected for compliance, (Findings 2, 14-16, 26); and The County Planning and Building Department perform all required inspections of septic

systems. The recommendation will not be implemented because it is not warranted or is not reasonable. Relative to Recommendations 1 and 6, as noted above, the jurisdiction or zoning, planning and building regulations fall upon the City of Ukiah pursuant to Government Code Sections § 53090 and § 53091. The Ukiah Gun Club is located on property owned by the City of Ukiah. Cities and counties are mutually exempt from each other's zoning regulations relative to property that one such entity may own within the territory of the other. The California State Attorney General has written an opinion (400ps.CalAtty.Gen243 (1962) that analyzed California Government Code Sections 53090 - 53095 and concluded that the legislative intent was to grant the reciprocal immunity to cities and counties and therefore, County owned property situated in a city, whether used for governmental or proprietary purposes, was is exempt from city ordinances. It is the City of Ukiah's responsibility to perform any inspections to structures for compliance with the California Building Code and applicable zoning regulations. The County cannot be responsible for the City's failure to oversee its own facilities within its own jurisdiction. Relative to Recommendation 8, it should be noted that it is not the responsibility of the Department of Planning and Building Services to perform all required inspections of septic systems. Pursuant to Chapter 16.04 of the Mendocino County Code, the enforcing agency is the Mendocino County Health Department, or presently the Division of Environmental Health, which is charged with issuing permits, enforcing and inspection for wells and septic systems in Mendocino County.