Att 8- Draft Consistency Analysis Outdoor Dining — Fort Bragg City Council, April 8, 2024

ILUDC Amendments - MMRP 1
Inland Land Use and Development Code Amendments to regulate:

Outdoor Dining, Tiny Homes, Tiny Home Communities, and
changes to Planned Development Permit requirements.

MITIGATION AND MONITORING REPORTING PROGRAM
MMRP Statements:

1. Applicant Responsibilities. The City of Fort Bragg is responsible for ensuring the attached MMRP is
implemented.

2. Professional Expertise. The following professional expertise is required for completion or evaluation of any part of the program: none.

3. Civil Remedies and Criminal Penalties. The following civil remedies and criminal penalties are permitted by
Title18.04.050 of CEQA for noncompliance with this
adopted mitigation monitoring and reporting program.

18.04.120 Civil and administrative remedies.

In addition to the penalties set forth in subsection 18.04.100, the city may carry out or seek other remedies as permitted by law, including, but not limited to the following:

A. Injunctive relief;
B. A stop order subject to the following:

1. Whenever the environmental coordinator finds that there is noncompliance with an adopted program and that this noncompliance presents a serious and immediate threat to the public health, safety and welfare, the environmental coordinator shall issue a stop work order which shall prohibit further work on the project that is the subject of the adopted program.

2. In the event the environmental coordinator issues a stop work order, notice of this order shall be served on the applicant and/or project supervisor and/or contractor and posted on site. The notice shall contain the following:
a. The findings justifying the stop work order;
b. The time and date when the stop work order commence; c. The time, date, and place at which the applicant may appear to respond to the findings in the notice, which shall not be later than twenty-four (24) hours following the time and date when the stop work order commences.

3. Authority to recommence work on the project that is the subject of an adopted program after issuance of a stop work order may be granted by the environmental coordinator upon the establishment of such terms, conditions and requirements as are reasonably necessary to protect the public health, safety, and welfare and as are consistent with the terms, conditions, and requirements of the adopted program. (Ord. 97-03 § 2 (part): prior code § 8-1.6015(L))
ILUDC Amendments - MMRP 2
Mitigation Monitoring and Reporting Program
Mitigation Monitoring Reporting
Mitigation Measure Schedule Responsibility Procedure Comments Date/Initial

AESTHETICS
Mitigation Measure Aesthetics-1. The
following additional requirements shall be
added to the regulations for outdoor
dining to reduce the potential impact on
aesthetics to less than significant.

Setbacks & Height Limits. Outdoor dining
pavilions and tents shall comply with all
relevant setbacks and height limits of the
zoning district in which they are located.

Pavilions can be in front of, behind or to the
side of the associated restaurant. Outdoor
dining that is not located within a pavilion
may be in front of the building. Where the
front of the building is the facade facing the
primary street.