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ATTACHMENT 3: GENERAL PLAN/LUDC - CONSISTENCY ANALYSIS
This attachment analyzes both the ILUDC and CLUDC amendments consistent with the respective Inland and Coastal General Plans and the ILUDC and CLUDC.
1. Coastal General Plan & CLUDC Consistency Analysis
Required Findings
The CLUDC 17.95.060(B) requires that the following findings be made for the amendments to the Coastal Land Use and Development Code:
1. The proposed amendment is consistent with the Coastal General Plan and any applicable specific plan.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
3. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
The amendment is consistent with relevant policies of the City’s Coastal General Plan as analyzed below.
Land Use Element
The proposed amendment to the CLUDC is consistent with the following Coastal General Plan Policies in the Land Use Element.
Policy Analysis
Policy LU-3.1 Central Business District: Retain
and enhance the small-scale, pedestrian
friendly, and historic character of the Central
Business District (CBD).
The proposed outdoor dining amendment
would enhance the pedestrian friendly aspect
of the CBD. However, large pavilions could
conflict with the historic character of the
Central Business District, therefore MJC
recommends that the City Council consider
regulatory limitations that help to preserve the
historic character of the downtown. For
example, pavilion color should be subject to
administrative design review much like color
choices for all commercial buildings.
Recommended addition:
B4k) Pavilion and tent colors should either be white or a color which is compatible with the colors of the
restaurant building.
Policy LU-5.7: Adequate parking should be
provided to serve coastal access and
recreation uses to the extent feasible. Existing
The proposed amendment does not comply
with this policy, and the following language
would help ensure compliance:
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parking areas serving recreational uses shall
not be displaced unless a comparable
replacement area is provided.
B2c. Outdoor Dining Facilities shall be located on
previously developed areas such as a parking lot,
sidewalk, or landscaped area. However, if outdoor dining is proposed for a parking lot, it may not result in a net loss of parking spaces. unless otherwise allowed by this development code. Outdoor dining must be located a
minimum of 50 feet from any environmentally sensitive
area, wetland or rare plant community.
Policy LU-10.2: Locating New Development.
New residential, commercial, or industrial
development, except as otherwise provided in
the LCP, shall be located within, contiguous
with, or in close proximity to, existing
developed areas able to accommodate it or,
where such areas are not able to
accommodate it, in other areas with adequate
public services and where it will not have
significant adverse effects, either individually
or cumulatively, on coastal resources.
The proposed ordinance complies with this
policy because outdoor dining would be
required to be adjacent to an existing
restaurant.
Policy LU-10.4: Ensure Adequate Services
and Infrastructure for New Development.
Development shall only be approved when it
has been demonstrated that the development
will be served with adequate water and
wastewater treatment. Lack of adequate
services to serve the proposed development
shall be grounds for denial of the
development.
The City recently upgraded its Sewer
Treatment Facility and has acquired property
to develop additional water storage which
together will ensure adequate sewer and
water services throughout Fort Bragg. While
restaurants have a significant impact of water
and sewer capacity, the City has adequate
capacity of both to serve new and existing
outdoor dining activities.
There are no other applicable policies in the land use element.
Public Facilities Element
The proposed amendment to the CLUDC is consistent with the following Coastal General Plan Policies in the Public Facilities Element.
Policy Analysis
Policy PF-1.1: All new development
proposals shall be reviewed and conditioned
to ensure that adequate public services and
infrastructure can be provided to the
development without substantially reducing
the services provided to existing residents and
businesses.
The proposed zoning amendment would
allow a dining pavilion facility of up to 1,300
SF as a permitted use by right, without
charging water or sewer capacity fees for the
additional service use. Restaurants are one of
more intense water and sewer capacity uses.
However, the City currently has the existing
capacity to serve the water and sewage
needs of all existing development and any
new outdoor dining facilities.
Policy PF-2.1 Development Pays Its Share:
Require that new development pay its share
The ordinance does not require restaurants
with outdoor dining areas to pay capacity fees
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of capital improvements and the cost of public
services to maintain adequate levels of
service.
for the square footage of the outdoor dining.
The ordinance does contradict the plain
language of Policy PF-2.1. Therefore, the City
should consider striking the language
regarding exempting outdoor dining from
payment of capacity fees or include outdoor
dining in Table 3-7 and indicate that no
parking is required.
6. Parking Requirements & Capacity fees Exemption.
Outdoor dining facilities are exempt from parking
requirements and payment of sewer and water
capacity fees.
Conservation, Open Space, Energy, and Parks Element
The proposed amendment would be consistent with the policies of the Conservation Element as a CDP is required if the project is located in an area that has the potential to have Environmentally Sensitive Habitat, Wetlands, visual resources or on other Coastal Act resources as illustrated in the Maps of the Coastal General Plan.
Circulation Element
The proposed amendment is consistent the policies of this element and does not conflict with anything in the element.
Community Design, Safety, and Noise Elements
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Policy Analysis
Policy CD-1.1: Visual Resources: Permitted
development shall be designed and sited to
protect views to and along the ocean and
scenic coastal areas, to minimize the
alteration of natural landforms, to be visually
compatible with the character of surrounding
areas, and, where feasible, to restore and
enhance scenic views in visually degraded
areas.
As amended, new development would be
required to apply for a CDP which would
necessitate a visual analysis if visual
resources would be impacted by a proposed
project.
Policy CD-2.1 Design Review: All
development that has the potential to affect
visual resources shall be subject to Design
Review, unless otherwise exempt from Design
Review pursuant to Coastal Land Use &
Development Code Section 17.71.050.
Design Review approval requirements shall
Policy CD-2.1 applies to pavilions as they are
development under the Coastal Act. However,
the Citywide Design Guidelines do not include
any regulations specific to Pavilions.
Furthermore, the City Council has decided to
exempt pavilions from the need to obtain a
Design Review permit and instead require
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not replace, supersede or otherwise modify
the independent requirement for a coastal
development permit approved pursuant to the
applicable policies and standards of the
certified LCP. Ensure that development is
constructed in a manner consistent with the
Citywide Design Guidelines.
compliance with the objective design
requirements located within the ordinance.
For conformance with this criteria, City Council
should either exempt Outdoor Pavilions from
Design Review or consider requiring at least
administrative design review for pavilions. The
following additional language is
recommended.
B4) Objective Design & Safety
Criteria. Outdoor dining pavilions and
tents are subject to Administrative
Design Review and shall comply with
the following additional criteria:
Policy CD-2.5 Scenic Views and Resource
Areas: Ensure that development does not
adversely impact scenic views and resources
as seen from a road and other public rights-ofway.
As proposed the ordinance does not include
any regulations that would protect scenic
resources. However, a CDP would be
required for a pavilion, which would require
this analysis.
Policy CD-3.2 Pedestrian Activity: Encourage
increased pedestrian movement and activity in
the Central Business District.
Outdoor dining improves pedestrian oriented
activity in the Central Business District.
Policy CD-3.3 Economic Vitality: Continue to
support the economic diversity and vitality of
downtown businesses.
Outdoor dining will increase the vitality of
downtown restaurants.
Policy CD-3.4 Parking: Improve the availability
of public parking facilities in the Central
Business District and other commercial areas.
The proposed ordinance has the potential to
remove private parking spaces, which would
otherwise be required to park existing
restaurants. However, these are not public
parking facilities so there is no conflict with this
policy.
Policy CD-1.9: Exterior lighting (except traffic
lights, navigational lights, and other similar
safety lighting) shall be minimized, restricted
to low intensity fixtures, and shielded so that
no light shines beyond the boundary of the
property.
As mitigated the ordinance requires that all
lighting (in and outside) related to outdoor
dining be shielded and downward facing.
Safety Element
The proposed amendment to the CLUDC is consistent with the Safety Element, including the following relevant policies:
Policy Analysis
Policy SF-5.1 Minimize Fire Risk in New
Development: Review all development
proposals for fire risk and require mitigation
measures to reduce the probability of fire.
The proposed zoning code amendment
requires review and approval by the Fire
Marshall who will implement this Policy as part
of his review.
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CONSISTENCY WITH CLUDC SITE PLANNING AND PROJECT DESIGN
STANDARDS
Parking. The proposed ordinance conflicts with the parking ordinance because it: 1) allows applicants to eliminate parking spaces in order to accommodate an outdoor dining area and 2) it does not require parking for the outdoor dining area itself. In order to eliminate this conflict, the following amendment would need to be added to the ordinance.
Furthermore, the following change can be made to the proposed ordinance to ensure that otherwise required parking spaces are not eliminated:
B2c) Outdoor Dining Facilities shall be located on previously developed areas such as a parking lot, sidewalk, or landscaped area. However, if outdoor dining is proposed for a parking lot, it may not result in the loss of parking spaces for the indoor dining area unless otherwise allowed by this development code. Outdoor dining must be located a minimum of 50 feet from any environmentally sensitive area, wetland or rare plant community.
COASTAL RESOURCES ANALYSIS
Outdoor dining facilities would be required to obtain an Administrative Coastal Development Permit and make specific findings that Coastal Act resources will not be impacted. 6 | Page
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2. Inland General Plan & ILUDC Consistency Analysis
Required Findings
The ILUDC 18.95.060(B) requires that the following findings be made for the amendments to the Inland Land Use and Development Code:
4. The proposed amendment is consistent with the Inland General Plan and any applicable specific plan.
5. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
6. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
The amendment is consistent with relevant policies of the City’s General Plan and the ILUDC as mitigated and analyzed below.
Land Use Element
The proposed amendment to the ILUDC is consistent with the General Plan Policies in the Land Use Element, with the following possible exception:
Policy Analysis
Policy LU-3.1 Central Business District: Retain
and enhance the small-scale, pedestrian
friendly, and historic character of the Central
Business District (CBD).
The proposed outdoor dining amendment
would enhance the pedestrian friendly aspect
of the CBD. However, large pavilions could
conflict with the historic character of the
Central Business District, therefore MJC
recommends that the City Council consider
regulatory limitations that help to preserve the
historic character of the downtown. For
example, pavilion color should be subject to
administrative design review much like color
choices for all commercial buildings.
Recommended addition:
B4k) Pavilion and tent colors should either be white
or a color which is compatible with the colors of the
restaurant building.
Public Facilities Element
The proposed amendment to the CLUDC is consistent with the Coastal General Plan Policies in the Public Facilities Element with the following potential exceptions:
Policy Analysis
Policy PF-1.2: All new development
proposals shall be reviewed and conditioned
to ensure that adequate public services and
infrastructure can be provided to the
development without substantially reducing
The proposed zoning amendment would
allow a dining pavilion facility of up to 1,300
SF as a permitted use by right, without
charging water or sewer capacity fees for the
additional service use. Restaurants are one of
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the services provided to existing residents and
businesses.
more intense water and sewer capacity uses.
However, the City currently has the existing
capacity to serve the water and sewage
needs of all existing development and any
new outdoor dining facilities.
Policy PF-2.1 Development Pays Its Share:
Require that new development pay its share
of capital improvements and the cost of public
services to maintain adequate levels of
service.
The ordinance does not require restaurants
with outdoor dining areas to pay capacity fees
for the square footage of the outdoor dining.
The ordinance does contradict the plain
language of Policy PF-2.1. Therefore, the City
should consider striking the language
regarding exempting outdoor dining from
payment of capacity fees or include outdoor
dining in Table 3-7 and indicate that no
parking is required.
7. Parking Requirements & Capacity fees Exemption.
Outdoor dining facilities are exempt from parking
requirements and payment of sewer and water
capacity fees.
There are no other policies that are applicable to the proposed CLUDC updates.
Conservation, Open Space, Energy, and Parks Element
The proposed amendment would be consistent with the policies of the Conservation Element.
Policy Analysis
Policy OS-1.2 Preserve Natural Resources:
Require that sensitive natural resources in
Special Review Areas be preserved and
protected to the maximum degree feasible.
As mitigated the proposed amendment would
require that outdoor dining take place on
previously developed areas and at least 50
feet from an environmentally sensitive area.
Policy OS-5.2 Riparian Habitat: Prevent
development from destroying riparian habitat
to the maximum feasible extent. Preserve,
enhance, and restore existing riparian habitat
in new development unless the preservation
will prevent the establishment of all permitted
uses on the
property.
Policy OS-6.3 Minimize Increases in
Stormwater Runoff: Development shall be
designed and managed to minimize post
project increases in stormwater runoff volume
and peak runoff rate, to the extent feasible.
The erection of an outdoor dining pavilion is
exempt from the requirement to get a building
permit. Furthermore, the ordinance would not
require any other permitting for pavilions of
less than 1,300 SF. This limits the ability of the
City to regulate stormwater and to ensure that
the requirements of Policy OS6.3 are met.
Therefore, the City Council should consider
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adding the following language to the
ordinance.
B2d) Outdoor dining pavilions and tents shall be
sited so that they do not add to stormwater runoff
volume or peak runoff rates.
Circulation Element
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Policy Analysis
Policy C-1.2: Walking and bicycling shall be
considered an essential and integral part of
the city's circulation network.
As mitigated, the proposed amendment would
require that outdoor dining not interfere with
bicycle parking or egress.
Community Design, Safety, and Noise Elements
The proposed amendment is consistent with the policies of this element and does not conflict with anything in the element.
Policy Analysis
Policy CD-1.1 Citywide Design Guidelines:
Ensure that new development and remodels
are constructed in a manner consistent with
the Citywide Design Guidelines.
The ILUDC defines development as follows:
On land grading, removing, dredging, mining,
or extraction of any materials; subdivision
pursuant to the Subdivision Map Act,
construction, reconstruction, demolition, or
alteration of any structure. According to this
definition, Policy CD1.1 would apply to
pavilions as they are a structure. However, the
Citywide Design Guidelines do not include any
regulations specific to Pavilions. Further the
City Council has decided to exempt pavilions
from the need to obtain a Design Review
permit and instead require compliance with the
objective design requirements located within
the ordinance.
Policy CD-1.3 Scenic Views and Resource
Areas: Ensure that development does not
adversely impact scenic views and resources
as seen from public rights-of-way.
As proposed the ordinance does not include
any regulations that would protect scenic
resources. Therefore, the following additional
language is recommended:
B2e) Outdoor dining pavilions and tents shall
not be located in an area that would impact
scenic views or resources as seen from a
public right of way.
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Policy CD-2.2 Pedestrian Activity: Encourage
increased pedestrian movement and activity in
the Central Business District.
Outdoor dining improves pedestrian oriented
activity in the Central Business District.
Policy CD-2.3 Economic Vitality: Continue to
support the economic diversity and vitality of
downtown businesses.
Outdoor dining will increase the vitality of
downtown restaurants.
Policy CD-2.4 Parking: Improve the availability
of public parking facilities in the Central
Business District and other commercial areas.
The proposed ordinance has the potential to
remove private parking spaces, which would
otherwise be required to park existing
restaurants. However, these are not public
parking facilities so there is no conflict with this
policy.
Policy CD-5.3: Exterior lighting (except traffic
lights, navigational lights, and other similar
safety lighting) shall be minimized, restricted
to low intensity fixtures, and shielded so that
no light shines beyond the boundary of the
property.
As mitigated the ordinance requires that all
lighting (in and outside) related to outdoor
dining be shielded and downward facing.
Safety Element
The proposed amendments to the ILUDC are consistent with the Safety Element, including the following relevant policies:
Policy Analysis
Policy SF-4.1 Minimize Fire Risk in New
Development: Review all development
proposals for fire risk and require mitigation
measures to reduce the probability of fire.
The proposed zoning code amendment
requires review and approval by the Fire
Marshall who will implement this Policy as part
of his review.
Consistency with CLUDC Site Planning and Project Design Standards The Proposed Amendment is consistent with ILUDC standards with the following exceptions.
Parking. The proposed ordinance conflicts with the parking ordinance because it: 1) allows applicants to eliminate parking spaces in order to accommodate an outdoor dining area and 2) it does not require parking for the outdoor dining area itself. In order to eliminate this conflict, the following amendment would need to be added to the ordinance.
TABLE 3-7 - PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type:
Retail Trade
Vehicle Spaces Required
Minimum Maximum
All “Retail Trade” and general
retail uses listed in § 18.22.030,
Table 2-6, except for the
following:
1 space for each 400 sf of floor
area, plus 1 space for each 600
sf of outdoor sales area.
1 space for each 200 sf of floor
area, plus 1 space for each 400
sf of outdoor sales area.
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Restaurant, cafe, coffee shop 1 space for each 100 sf of dining area.
1 space for each 40 sf of dining
area.
Outdoor Dining No parking required No parking required
Furthermore, the following change can be made to the proposed ordinance to ensure that otherwise required parking spaces are not eliminated:
B2c) Outdoor Dining Facilities shall be located on previously developed areas such as a parking lot, sidewalk, or landscaped area. However, if outdoor dining is proposed for a parking lot, it may not result in the loss of parking spaces for the indoor dining area unless otherwise allowed by this development code. Outdoor dining must be located a minimum of 50 feet from any environmentally sensitive area, wetland or rare plant community.