Mendocino review board approves after‑the‑fact plan for Kelly House pond with conditions to remove visible liner

The Mendocino County Historical Review Board on May 5 approved an after‑the‑fact permit for restoration work at the Kelly House pond (Case MHRB2024‑0006), including a condition directing removal of visible high‑density polyethylene (HDPE) liner and a set of landscaping measures. The action is appealable for 10 days from the board’s action.

Staff planner Waldman of Mendocino County Planning and Building Services presented the staff report and the applicant’s revised landscaping plan, noting the site is designated a Category 1 historical resource and that the pond dates to 1888. The board’s approval adds conditions taken from the memorandum dated May 5 that require: removal of visible HDPE liner to the extent practicable when exposed; removal of invasive grasses and plants in and around the pond; filling denuded pond edges with native plants suited to seasonal wet/dry conditions; and planting the surrounding area with native coastal plants. The board added language allowing removal of visible liner “sooner if possible.”

Waldman told the board that the permit is retroactive; staff identified that after‑the‑fact grading and excavation involving transfer of more than 25 cubic yards would require a coastal development permit and that building or grading permits (or exceptions) may also be needed. The staff presentation noted an archaeological discovery clause: if archaeological resources are found during work the owner must stop work within 100 feet and notify the director, who will coordinate protection under Mendocino County Code section 20.12.090.

An applicant representative told the board the Kelly House has attempted multiple repairs since the 1980s and that available funds limit how much work can be done at once. The representative said they had an engineer, Sam Fowke, review the liner removal and that his written response indicated removing the liner “won't hold water,” meaning the pond likely would not retain water without the liner. The applicant said the proposed work is intended to be incremental and partly experimental to see which native plantings thrive.

Board and staff members discussed whether removal of the visible liner could proceed before other permitting steps. Planner Waldman asked the applicant to submit a request to Planning and Building Services so staff could confirm with the director and code enforcement whether removing visible liner would require a building or grading permit. Waldman said staff would follow up with the applicant.

The board made and seconded a motion to adopt the landscaping plan with the amendment adding the specific items in the May 5 memorandum and the “sooner if possible” language for removal of visible liner. After the second, the chair called for a vote; the board approved the motion. Planning staff said they would issue an action letter the next day and that the permit issuance would be held until the 10‑day appeal period closes.

Why it matters: the pond is part of the historic Kelly House museum property; the board’s action regularizes work already done on the site and ties future restoration actions to coastal and building permit requirements and to archaeological protections.

Next steps: the applicant must submit any permit requests needed for liner removal or further grading. Planning and Building Services will notify the applicant and will not issue the permit until the appeal period ends.