POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: X A
MEETING DATE: 1/25/2022
TITLE
Local Coastal Program Update
RECOMMENDED ACTION
Receive report and direct staff.
ANALYSIS
The California Legislature enacted the Coastal Act in 1976, creating a mandate for coastal counties to manage the conservation and development of coastal resources through a comprehensive planning and regulatory program called the Local Coastal Program (LCP).
The Local Coastal Program (LCP) is a planning document that identifies the location, type, densities, and other ground rules for future development in the coastal zone. Each LCP includes a land use plan and its implementing measures. These programs govern decisions that determine the short and long term conservation and use of coastal land, water, and other resources.
Local Coastal Program policies and standards are intended to reflect and carry out the coastal resources planning and management policies contained in Chapter 3 of the Coastal Act (Public Resources Code §30200). The basic goals of the Coastal Act, as stated in Public Resources Code §30001.5, are as follows:
• Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone environment and its natural and man-made resources. • Assure orderly, balanced utilization and conservation of the Coastal Zone resources taking into account the social and economic needs of the people of the state.
• Maximize public access to and along the coast, and maximize public recreation opportunities in the Coastal Zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. • Ensure priority for coastal-dependent development and coastal-related development over other development on the coast.
• Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Coastal Zone.
LCPs establish the kinds, locations, and intensities of new development allowed in the coastal zone and identify other development standards necessary to achieve the objectives of the Coastal Act.
City of Point Arena’s Local Coastal Program
The last time the City’s LCP was updated was in 2006. The original LCP was approved in 1995 with a revision in 2001.
The fifteen years since the last LCP Update have seen major changes to development in Coastal Zone, including new state mandates regarding Accessory Dwelling Units, the increase in Short-Term Rentals, and new recommendations for zoning changes contained in the 2019-2027 Housing Element. Updated policies would reflect current and anticipated future conditions within the City’s coastal zone.
Staff have already begun an LCP Amendment process with the Coastal Commission regarding ADU’s. The City submitted an amendment to the Coastal Commission in February 2021. The Coastal Commission responded with several questions which the City has not yet responded to due to workload issues and the larger update question.
Staff also began research towards an LCP amendment which would allow greater residential density in the Highway Commercial district but no formal proposal is ready as yet.
Funding Sources
Over the past three years, the City has been awarded three planning grants, all from the Department of Housing and Community Development:
SB2 Planning Grants – This grant isto be used to provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. The funding for this grant is $160,000 to be expended by 12/31/2023.
Local Early Action Planning Grant -- provides over-the-counter grants complemented with technical assistance to local governments for the preparation and adoption of planning documents, and process improvements that accelerate housing production and facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment. The funding for this grant is $65,000 to be expended by 12/23/2023.
Regional Early Access Planning Grant -- seeks to accelerate progress towards state housing goals and climate commitments through a strengthened partnership between the state, its regions, and local entities to collectively accelerate infill development, housing, and Vehicle Miles Travelled reductions in ways that advance equity. The funding for this grant is $16,381 to be expended by 12/31/2023.
Thus, the City has $241,381 available for use towards updating our Local Coastal Plan.
Additionally, other grants for LCP updates may be obtained through the Coastal Commission itself.
Areas of Concern
There are several areas of concern that could be addressed by an LCP update:
Sea Level Rise --The current LCP does not consider sea level rise impacts or provide adaptation policies; a priority issue of the California Coastal Commission is to “address climate change through LCP planning, coastal permitting, inter-agency collaboration, and public education.”
ADU Implementation -- Local governments are required to comply with both the new state requirements for ADUs and the Coastal Act. Currently certified provisions of LCPs are not, however, superseded by the new state ADU law, and continue to apply to coastal development permit (CDP) applications for ADUs until an LCP amendment is adopted by the underlying governmental agency.
Housing Policy Recommendations from Housing Element – The 2019-2027 Housing Element laid out a number of potential updates to the zoning ordinance, including live/works spaces, deed-restricted affordable housing, transitional and supportive housing, “special needs” housing for seniors and those with physical and developmental disabilities.
Of course, all of these potential projects under an LCP Update are up for debate and a robust public process will occur to solicit other ideas and provide feedback as the process moves forward.
LCP Update Request for Proposal
Your City Manager and City Planner both feel moving forward with an LCP Update makes good sense, especially since funds are available. An LCP Update can be a major undertaking and take 1-2 years to complete. Your current city staff is not in the position to undertake such a project solely in-house.
Realistically, the City needs a professional experienced with the complexities and peculiarities of LCP updates in the Coastal Zone. Staff believes releasing a Request for Proposal for a consultant to manage the Local Coastal Plan update is the best step forward.
A Request for Proposal would request the following scope of services:
1. Assist City staff and City Council in defining the scope of proposed Local Coastal Program amendment(s).
2. Facilitate community outreach and engagement process.
3. Coordinate with Coastal Commission staff and staff from other agencies, as needed.
4. Draft proposed LCP Amendment application(s).
5. Coordinate the processing of LCP amendment application(s), including preparation of necessary documentation, attendance at hearings, etc.
The anticipated work product would include:
1. Prepare analyses and studies necessary to support LCP amendment and/or assist with the procurement of consultant services for such work:
a) Nature of analyses and studies will depend on the contents of the amendment, as determined by the scope of work. Analyses and studies may address sea level rise, traffic, utility capacity, biological resources, visitor-serving supply and demand, etc.
2. LCP Amendment proposal for Council review
3. LCP Amendment application to Coastal Commission
The expected timeframe for the update process is 12 months or less to present an LCP Update Amendment to the City Council and another six months for Coastal Commission approval.
Staff seeks direction whether to pursue an LCP Update and advertise for a consultant to manage the update process and deliver an LCP Update to the Coastal Commission.
FISCAL IMPACT
The City has been awarded $241,381 in planning grants that can be used to conduct an LCP Update.
ATTACHMENTS
1. Excerpt from the City’s General Plan/Local Coastal Plan 2005 update
2. Coastal Commission Local Coastal Plan Update Guide Introduction
3. Tips/Best Practices for Processing LCP Amendments
The City’s current General Plan/Local Coastal Plan can be accessed at:
https://pointarena.ca.gov/documents/general-planlocal-coastal-plan/
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
CITY OF POINT ARENA
GENERAL PLAN/LOCAL COASTAL PLAN
ADOPTED BY THE CITY COUNCIL ON
JANUARY 24, 1995
By Resolution No. 02-95
REVISED ON August 28, 2001
By Resolution No. 2001-15
REVISED ON June 27, 2006
By Resolution No. 2006 -13
Prepared and Recommended by the General Plan Citizens' Advisory Committee Table of Contents, Page 1
TABLE OF CONTENTS
I. OVERVIEW
1. What the Plan Covers 1
1.1 Scope, Format and Contents 1
1.2 What Kind of Plan is This 3
1.3 How This General Plan Provides for Healthy Economic Development 3
1.4 How This General Plan Provides for Protection and Preservation of Environmental Quality 3
1.5 Legal Basis for This Plan 4
2. The General Plan Preparation Process 5
3. Referral Agencies 6
II. COMMUNITY CHARACTER AND OVERALL GOALS
1. Introduction 1
2. Overall Goals 1
2.1 Goal #1: Preserve the Small-Town Rural Character of Point Arena 1
2.2 Goal #2: Ensure Public Safety 2
2.3 Goal #3: Encourage Economic Growth and Development 2
2.4 Goal #4: Preserve Open Spaces, Natural Resources,
Coastal Assets and Environmental Quality. 3
2.5 Goal #5: Promote Affordable Housing 4
2.6 Goal #6: Improve Public Facilities, Services and Transportation Systems 5
2.7 Goal #7: Promote Energy Conservation and Recycling 5
2.8 Goal #8: Assist in Implementing the California Coastal Act 6
3. Constraints Affecting Development 6
3.1 Introduction 6
3.2 Existing Physical Hazards 6
3.3 Infrastructure Constraints 7
3.4 Constraints Imposed by Local Values and Expectations 8
4. Opportunities 8
5. Maps 9
6. Introduction to the Elements of the General Plan 9
** Opportunities and Constraints Map
III. LAND USE AND DEVELOPMENT ELEMENT
1. Introduction 1
2. Findings 1
3. Land-Use Goals 2
4. Land-Use and Development Map 2
5. Opportunities and Constraints Map 3
6. Land-Use Designations 3
7. Overall Citywide Land-Use Policies and Programs 4
8. Land-Use Categories and Descriptions 13
Table of Contents, Page 2
8.1 Agricultural and Suburban Areas and Uses 16
(A) Agriculture Exclusive (AE) 16
(B) Residential Agriculture--Two Acres (RA-2) 16
(C) Suburban Residential--One Acre (SR-1) 17
(D) Suburban Residential--One Half Acre (SR-1/2) 18
8.2 Urban Areas and Uses 18
(A) Urban Residential (UR) 19
(B) Multi-Family Residential (MR) 19
8.3 Commercial Areas and Uses 20
(A) Commercial Core (C) 20
(B) Highway Commercial (HWC) 21
8.4 Special Areas) 22
(A) Harbor Commercial (HC) 22
(B) Industrial (I) 24
(C) Public Facility (PF) 25
(D) Park (P) 25
(E) Open Space (OS) 25
8.5 Special Note 25
9. Project Review Procedures 29
10. Planned Residential Developments (PRD) 29
11. Comprehensive Development Plan 30
12. Memo of Understanding Associated with the Hay Annexation 31
13. Annexation of the Cove 32
** Land Use and Development Map
** Sphere of Influence Map
** Urban Limit Line Map
IV. ECONOMIC DEVELOPMENT ELEMENT
1. Findings 1
2. Short Term Potentials 3
3. Economic Development Goals 5
4. Policies and Programs to Promote Economic Development 5
5. Provisions of the General Plan Pertaining to Economic Development 7 V. TRAFFIC AND CIRCULATION ELEMENT
1. Background
1 2. Goals 2
3. Policies and Programs 2
3.1 Traffic Safety Policies and Programs 2
3.2 Parking Policies and Programs 3
3.3 Street Capacity Policies and Programs 3
3.4 Street Network Completion Policies and Programs 5
3.5 Non-Motorized Transportation Policies and Programs 6
3.6 Public Transportation Policies and Programs 6
Table of Contents, Page 3
3.7 Policies and Programs for Circulation System Aesthetics 6 4. Implementation of the Traffic Circulation Element 7 VI. OPEN SPACE AND CONSERVATION ELEMENT
1. Introduction 1
2. Background and Findings: Open Space 1
3. Background and Findings: Natural Resources 2
4. Open Space and Conservation Goals 3
5. Open Space and Conservation Policies 4
6. Action Programs 10
VII. COMMUNITY HEALTH AND SAFETY ELEMENT
1. Introduction 1
2. Community Safety Goals 1
3. Community Safety Policies and Programs 2
3.1 Seismic Safety Policies and Programs 2
3.2 Flood Hazard Policies and Programs 4
3.3 Slope Stability Policies and Programs 5
3.4 Fire Protection Policies and Programs 8
3.5 Police Protection Policies and Programs 9
4. Air Quality Policies and Programs 10
5. Air Quality Policies and Programs, per the Mendocino County Air Pollution Control District 11
6. Water Supply and Water Quality Policies and Programs 14
7. Sewage Collection and Disposal Policies 22
8. Emergency Preparedness Policies 25
9. Policies and Programs Governing Hazardous Materials 26 VIII. NOISE ELEMENT
1. Background and Findings: General 1
2. Background and Findings: Definitions and Measurements 2
2.1 Introduction 2
2.2 Noise Sources and Existing Measurements 2
2.3 Noise-Sensitive Areas: Existing and Future 3
3. Noise Control Goals 4
4. Noise Control Policies and Programs 4
** Noise Contours Map
IX. HOUSING ELEMENT
1. Introduction 1
2. Citizen Participation 1
3. Population Characteristics 2
4. Housing Characteristics 4
5. Housing Needs 11
Table of Contents, Page 4
6. Availability of Land and Services for Residential Development 16
7. Constraints to Affordable Housing 19
8. Analysis of "At-Risk" Units 24
9. Evaluation of the 1985 Housing Element in Promoting Goals, Objectives, Policies, and Programs 25
10. Appropriateness of Goals, Objectives and Policies 31
11. Consistency with Other Elements of the General Plan 32
12. Housing Goals, Policies and Programs: 1993 Housing Element 38 Appendix "A” 58
X. COASTAL ELEMENT
1. Introduction 1
1.1. The Coastal Act 1
1.2. The Local Coastal Program (LCP) 3
1.3. Adoption, Certification and Implementation 4
2. Coastal Policies 9
2.1. Public Access 9
2.2. Recreation 16
2.3. Marine Environment 19
2.4. Environmentally Sensitive Habitat Areas 30
2.5. Agricultural Land Conversion 38
2.6. Locating New Development 41
3. Reference Material Used in Preparing this Document 48 XI. GENERAL PLAN IMPLEMENTATION: AN OVERALL PROGRAM
1. Introduction 1
2. State-Mandated Plan-Implementation Actions 1
3. Additional Implementation Actions Required to Implement this General Plan 4
4. Financing Implementation of the General Plan 7
XII. PROJECT REVIEW AND PERMITTING: REQUIREMENTS AND PROCEDURES
1. Permits 1
2. The Necessity for Findings 6
3. Monitoring and Enforcement 7
4. Consistency is Required 8
5. Rights of the Regulated 9
XIII. GENERAL PLAN REVIEW AND AMENDMENTS
XIV. PARTICIPANTS IN THE PLAN MAKING
GLOSSARY
I. Overview, Page 1
I. OVERVIEW
1. WHAT THE PLAN COVERS
1.1. Scope, Format and Contents
The Point Arena General Plan is a comprehensive, integrated, and internally consistent statement of Point Arena's environmental preservation, economic development, land use, public safety, housing, and development goals, policies, and programs. It is intended to address goals and needs for a period of approximately fifty years from the date of adoption. As a precautionary measure, when the population reaches 50% of projected build-out, or in 50 years (which ever comes first) the City shall undertake steps necessary to reassess and insure the continued ability to meet infrastructure requirements through build-out.
Its authority derives from the California Government Code, and it contains the seven State-mandated elements (land use, housing, open space, conservation, circulation (traffic), safety, and noise) plus two additional elements which are deemed of special concern to Point Arena: The Economic Development Element and the Coastal Element.
This plan was prepared over a period of many years by a volunteer committee of citizens, together with the assistance of several consultants, and the city administrator.
The General Plan consists of four maps and the following text. The text is organized to recognize the interrelationships among planning and development issues and to respond directly to needs and problems facing the City's citizens and decision makers.
Included as part of and incorporated into the General Plan are the following maps:
The Land-Use and Development Map
The Opportunities and Constraints Map; (1) Scenic Corridors; (2) Natural Hazards; and (3) Biological Resources and Trails.
This 2001 plan consolidates, amends, updates and supersedes all other plans for Point Arena that deal with land-use planning, housing, public safety, and environmental preservation matters, including the Land-Use Plan dated June 30, 1980, and the Housing Element adopted September 10, 1985.
This 2001 General Plan is also intended to serve as the policy and program basis for the Local Coastal Program (LCP), which program is required by the California Coastal Act. The General Plan comprises the LCP, and the LCP must be certified by the California Coastal Commission.
The 2006 certified LCP consists of the 2001 General Plan, not including the Housing Element, the 2001 Zoning Ordinance (No. 179) and the 1997 Second Dwelling Unit Ordinance (No. 166).
The Housing Element is drafted in a different format and style than the other elements, in order to satisfy the requirements and guidelines of the California Department of Housing and Community Development, which agency has reviewed a preliminary Housing Element draft and I. Overview, Page 2
submitted its comments on it. The Housing Element is not currently part of the LCP, but will be submitted to the California Coastal Commission at a future date for certification.
The General Plan includes the following:
1. A Statement of Community Character and Overall Goals
2. The General Plan Elements. For each of these there are written goals, policies, plan provisions, and action programs.
3. The General Plan Implementation Program, including a recital of the City's obligations under the plan, and the responsibilities and rights of property owners.
4. Project Review and Permitting: Requirements and Procedures.
5. General Plan Review and Amendments.
6. A Glossary of Terms.
The General Plan covers the entire city of Point Arena and refers to county territory surrounding the incorporated city. While county territory is governed by the Mendocino County General Plan and Zoning Code, it is a Point Arena objective that the immediate surrounding county land-use designations and regulations are enforced; that any county land-use decisions within the surrounding area remain compatible with this city's General Plan; and that any contemplated changes to the County Plan or Zoning Code are referred to the City for comment.
The basic data and information on which this plan is based is set forth and referenced in the body of the following text or may be found in one of the following reference documents:
The Point Arena Zoning Ordinance
The Land Use Plan of the City of Point Arena, Certified by the California Coastal Commission June 3, 1980
The Housing Element which was adopted on September 10, 1985 The Community Plan, including Appendix A and B November 1988 The Preliminary Draft General Plan, Zoning Ordinance and Local Coastal Program, which was submitted for review on January 1986 by consultant Mintier Harnish & Associates but not adopted by the City
1.2. What Kind of Plan is This?
1. This is an economic development and economic growth plan.
2. This is an environmental protection plan.
I. Overview, Page 3
3. This is a land-use and zoning plan.
1.3. How this General Plan Provides for Healthy Economic Development
1. Within the core commercial and highway commercial areas. The Plan also permits the inclusion of living units, arts and crafts studios, small businesses and industries, and live-work units, as part of planned mixed-use developments.
2. It reaffirms the suitability of 27.8 acres of land currently (1994) zoned industrial.
3. It reaffirms the suitability of 16.57 acres of land in the Arena Cove area for coastal-dependent and visitor-serving uses, approximately 6.83 acres of which are currently undeveloped.
4. It encourages growth of the in-town population (consumers of local goods and services) by increasing both allowable residential densities and the amount of land available for new housing in and near Downtown.
5. It reaffirms the long-standing city policy that parcels designated for multiple-family residential purposes may also include environmentally- and architecturally- compatible office uses (under certain circumstances).
6. It increases the number of residential zones in which home occupations may be permitted from four to eight, under prescribed circumstances.
7. It encourages the in-fill development of existing undeveloped commercial and residential lots.
1.4. How this Plan Provides for Protection and Preservation of Environmental Quality
1. It reaffirms the long-standing notion that the town's small-town character and special environmental characteristics can and should be maintained for economic, public health and aesthetic reasons by fairly and equitably placing limits on building-to-land intensities of development, grading, residential densities, and the unnecessary depletion of open space resources.
2. It provides for the preservation, in as near natural form as possible, of landscapes and land forms, bluffs, and bluff tops, the coastline, viewsheds, creeks and riparian areas.
3. It affirms the importance to everyone's health and well being the value of Point Arena's exceptional clean air and low ambient noise levels, both of which are typically subject to subtle but irreversible decline as a consequence of incremental unregulated development.
4. It asserts the importance of how the city looks—its viewscapes, landscapes and land forms, building designs and landscapes, architectural landmarks—and not only for how the city looks to those who live here but to those traveling through and those contemplating investing in the city's future.
I. Overview, Page 4
To summarize, the keys to Point Arena's health are (1) economic growth and development, and (2) protection of the city's unique environmental qualities.
This General Plan has as its most fundamental purpose the balancing of these two objectives.
1.5. Legal Basis for this Plan
A general plan is a compilation in one place of policies governing land use, environmental quality, housing, public safety and transportation. A very substantial proportion of the policies contained in this General Plan are already in place. They were adopted years ago and are to be found in the existing Coastal Commission-certified Local Coastal Program (LCP), comprised of the Land Use Plan and the Zoning Ordinance, and in the city's state-certified Housing Element. (The existing [1980] LCP and the existing [1985] Housing Element will no longer be in effect when all elements of this General Plan, including the new Land Use Element and the new Housing Element, are adopted and certified).
After adoption of this plan, the City must formally amend the Zoning Ordinance and Zoning Map, as well as such other ordinances as may be affected by this plan, and those amendments must be consistent with this plan, as per the requirements of California Planning law.
In addition to restating existing policies and development requirements, some of the policies contained in this Plan are new. They have been developed during a three-year period by a committee of local citizens with the assistance of specialized consultants.
State planning law, and other selected state statutes, prescribe exactly what subject matters must be addressed in a local general plan. With some exceptions, which are noted in the body of the plan's text, the city has broad discretion in determining what policies it wants to adopt within the framework the State prescribes by law. The exceptions, noted in the text, represent the few policies enacted by the State which all cities are obliged to implement through local plans and programs.
It is intended that this General Plan satisfy and comply with all of the State's planning, environmental and housing mandates and be judged legally adequate. Pursuant to State law (The California Environmental Quality Act--[CEQA]) the Planning Commission and/or City Council may adopt this plan only after considering all pertinent testimony, written and oral, as well as information contained in the General Plan Environmental Impact Report.
No actions may be taken with respect to planning subjects covered, and policies and programs set forth and adopted, in this Plan without a formal finding first being made that the proposed action is consistent with this plan. The "Project Review and Permitting" section spells out the necessity for findings and the form they must take to make certain discretionary actions of the Planning Commission and City Council legal.
Nothing in this plan precludes the obligations of the city and property owners alike to comply with the spirit and letter of the California Environmental Quality Act (CEQA), and the state's Subdivision Map Act, Open Space Lands Act, Endangered Species Act, and California Coastal Act, as well as other federal and state laws which may take precedence over, or be applicable in I. Overview, Page 5
lieu of or in addition to, local ordinances. It is the obligation of all responsible parties to ensure that laws, regulations and processes promulgated by agencies other than the City of Point Arena are complied with.
2. THE GENERAL PLAN PREPARATION PROCESS
The process followed to create this General Plan began in January 1990 when the City Council authorized and instructed that a plan be prepared by a citizens' committee appointed to undertake the work. At that time the city had no general plan. It did have, however, an adopted Local Coastal Program (LCP), which included a Land Use Plan and the Zoning Ordinance, as well as an adopted and State-certified Housing Element.
This comprehensive general plan, the first ever for Point Arena, was prepared by a committee of citizens with the assistance of several consultants. The consultants helped prepare the Housing Element, the Environmental Impact Report (EIR), and the Traffic and Circulation Element. The individuals and firms participating in the preparation of this general plan are acknowledged at the end of this document.
Public Hearings on this Draft General Plan must precede adoption.
The General Plan is subject to environmental review as required by the California Environmental Quality Act (CEQA). An Environmental Impact Report (EIR) must be reviewed by the public and the planning commission/city council before this General Plan may be adopted and become effective.
Any amendments to the General Plan, once it is adopted, or enactment of most programs and ordinances pertaining to the matters addressed in this plan, also require public hearings.
Henceforth, "Findings of Fact" that certain actions are consistent with the General Plan and with CEQA must be made prior to said actions becoming legally valid. (See the sections in this document entitled "Project Review and Permitting: Regulations and Procedures" and "General Plan Review and Amendments".)
3. REFERRAL AGENCIES
The General Plan, in draft form, was referred to the following agencies for review an comment:
State of California:
Department of Conservation (Division of Mines & Geology) Department of Boating and Waterways
Coastal Commission
Coastal Conservancy
Fish and Game
Historic Preservation
Parks and Recreation
Highway Patrol
Reclamation
I. Overview, Page 6
Transportation (CalTrans)
Housing and Community Development
Regional Water Quality Control
Forestry and Fire Protection
Office of Planning and Research (OPR)
State Lands Commission
Office of Statewide Health Planning and Development
Office of Emergency Services
Resources Agency
Integrated Waste Management Board
Public Utilities Commission
United States Government:
Department of the Interior (BLM)
National Park Service
Bureau of Reclamation
Army Corps of Engineers
Environmental Protection Agency (EPA)
Federal Emergency Management Agency (FEMA)
Fish and Wildlife Service
Air Resources Board
Housing and Urban Development (HUD)
Department of Agriculture
County of Mendocino:
Council of Governments (MCOG)
Local Agency Formation Commission (LAFCO)
Air Pollution Control District
Departments of Public and Environmental Health
Planning and Building Services Department
Local:
Point Arena Fire Department
Point Arena Joint Union High School
Point Arena Elementary School
Point Arena Water Works
Pacific Gas and Electric
Pacific Bell
AT&T
Coast Life Support District
II. Community Char., Page 1
II. COMMUNITY CHARACTER AND OVERALL GOALS
1. INTRODUCTION
The major goals of this General Plan are described below, along with some of the reasons behind them. These goals set the theme for guiding Point Arena's growth and development; for the conservation of its character, open spaces, and natural resources; and for the general welfare and well-being of its citizens.
This chapter also is concerned with how Point Arena looks and feels. It attempts to translate these intangibles into policies and programs needed to achieve the overall goals cited below.
Also included are the principal characteristics of Point Arena that may constrain or limit development, or define the form development may take, and the characteristics of the town which present tangible opportunities for the future well being of the town's citizens.
2. OVERALL GOALS
2.1. Goal #1: Preserve the Small-Town Rural Character of Point Arena This means: What kind of a place do we want Point Arena to be 10-20 years from now, 30 years from now? What should it look like? How shall it feel? What do we want to have happen or change? What should stay pretty much the same? What makes Point Arena unique and special? What will we discourage, and what will we not tolerate? These are among the basic questions we must keep in mind each time we examine a proposed general plan element, consider a rezoning or subdivision map proposal, or deal with a specific development proposal.
The following is the perceived consensus of public opinion regarding the desired character of Point Arena. People like the town's present semi-rural, low-key, modest and unpretentious atmosphere as well as its
low population density and building intensity
historic buildings
absence of "cuteness" and "artiness"
mixed uses (absence of strict and artificial separations between residential and non-residential uses, for example) "unpretentious" building designs with an absence of any city-imposed mandatory design themes
features of a real town, not just a wide place in the road or accidental settlement of convenience
stores; with an "old time" motion picture theater, general stores, and small-town character, with curbs, gutters and sidewalks
II. Community Char., Page 2
"sense of community" in which people of various ages, educational achievements, socio-economic condition, and points of view co-exist and make the town "work", and cooperate on matters of civic concern
collection of vacant lots Downtown that may provide start-up business opportunities for people with limited incomes, provided incentives are built into the Zoning Ordinance to make this happen
open spaces, views and vistas, oceanside bluffs, clean air, quietude, open fields, access to the ocean, and proximity to working farms
the cove and pier...the first driving north after leaving Bodega Bay and the first driving south after leaving Albion
absence of strung-out, strip-commercial developments along the highway...a common but unpopular occurrence in most of California.
These are the characteristics that define and give special and unique identity to Point Arena...the characteristics that are to be championed in this plan and preserved through the planning and plan-implementation process.
2.2. Goal #2: Ensure Public Safety
The most significant risks to property, well being, and the environment are geologic and seismic hazards, flooding, non- seismically-induced soils hazards, fires, and possible poor water quality.
Secondary issues of public safety are air pollutants and unwanted noise.
The city shall establish acceptable levels of risk and safety, cause vulnerable buildings to be brought up to these standards, and enforce standards for the design of new structures.
The city shall also avoid placement of cultural, educational and high-occupancy structures in areas prone to ground failure during an earthquake.
Furthermore, the city shall ensure through the enactment of public policies and programs that its employees, citizens, and business persons are prepared for effective responses to major seismic and other emergencies.
To the fullest extent possible the city shall avoid approving grading, new land uses and developments, and facility locations that may result in property damage, may threaten the public safety and well-being of its citizens, or may negatively impact the environment.
2.3. Goal #3: Encourage Economic Growth and Development Population growth and new development are to be encouraged, but indiscriminate growth contrary to and inconsistent with other city goals is not welcome.
Substantial population growth is not likely since North Coast California is and will continue to be a slow-growth region of the state. Some small growth of population will be a function of new arrivals from outside the area.
II. Community Char., Page 3
Development growth should occur within the annexed area and also as a result of city-inspired infilling within and adjoining Downtown on undeveloped and under-developed existing lots.
Local economic development cannot and should not be overly dependent upon tourists, however.
New techniques for stimulating all suitable types of economic development are necessary.
Among the most significant measures appropriate to Point Arena, over which the city council has direct control are:
adopting incentive zoning (see Land-Use and Development Element) to inspire incomeand tax-producing activities, giving special attention to new small businesses, offices, and small manufacturing, fabricating, and crafts enterprises creating Downtown parking that is attractive, free, and convenient publicizing the existence and location of the Cove which at present is not boldly identified or signed such that the passing motorist notices improving the city's appearance and otherwise giving the driving public a reason to stop supporting and seeking funds from public transit programs of county, state and federal agencies.
Other economic development opportunity areas are within the Hay Annexation Area and on commercially-zoned parcels along Highway 1 at the north and south ends of town.
2.4. Goal #4: Preserve Open Spaces, Natural Resources, Coastal Assets and Environmental Quality
Point Arena's natural features, environmental quality, clean air, low ambient noise levels, and open spaces are valuable and precious resources which shall be protected from neglect, careless use, and deliberate destructive actions. The city council shall spearhead actions to accomplish this goal, which is consistent with the California Coastal Act, and warrants reemphasizing as a fundamental component of the General Plan.
Planning must ensure, through specific policies and regulations, the preservation of identifiable open spaces in and adjoining Point Arena as well as the sense of open space within the city, even within the most populated areas. Open space takes the form of parks, greenbelts, farms, open bluffs, undeveloped hillsides, and scenic corridors/viewsheds. A sense of open space is achieved through maintaining low residential densities and building intensities, and through the clustering of buildings so as to leave substantial open land around structures and between developments.
Planning must also protect natural resources and sensitive habitats, stream beds, creeks and wetlands from inappropriate, unnecessary and damaging developments and from pollutants, uncontrolled grading, and neglect.
For county areas adjoining Point Arena and outside the "urban limit line" every effort shall be made to work with the county to keep agriculture lands viable and as long as possible to ensure their preservation.
The techniques for preserving natural resources and open spaces must be a combination of II. Community Char., Page 4
zoning regulations, including the introduction of open space standards and open space zones/overlay zones; dedications as a condition of development permit approvals; deed restrictions; outright purchases by public agencies or private organizations, and possibly the transfer of development rights.
2.5. Goal #5: Promote Affordable Housing
There are two ways to further the cause of creating additional housing at "affordable" costs. One is to wait for those publicly-financed programs that come and go, which attempt to close the gap between housing prices and personal income. Over recent years housing prices have risen and incomes, especially at the lower economic levels, have remained steady or declined. The federal and state governments have not responded realistically or adequately to deal with these realities (nor are they likely to in the near future), and local governments rarely have sufficient resources to do so. Point Arena has no money for such things as emergency housing, transitional housing, or low-cost permanent affordable housing. Moreover, there are virtually no available rentals (vacancies) in the area, in spite of the high ratio of renter- to owner-occupied housing in the city.
The clear conclusion is that housing for very-low, low- and some moderate- income persons and families is very scarce indeed.
Even if the County's less-than-modest housing assistance program, intended for low-income families, funded by the U.S. Department of Housing and Urban Development (HUD, Section 8), were more adequately funded, without a housing stock (available units on the market to live in) the program doesn't do much good for those in need...very low- and low-income individuals and families...who want to live in or near Point Arena. While the County also administers a "public housing program" whereby it owns units and offers them for rent to qualifying persons, without any housing stock the program has no positive impact in Point Arena at the present time.
The second way to deal with housing needs is to include provisions in the General Plan and Zoning Ordinance that affordable housing shall be provided as a proportion of major private development projects. Incentives for property owners/developers to build affordable housing shall be a community goal; incentives can be in the form of density bonuses if such bonuses can be found consistent with all applicable provisions of the certified LCP.
Also, as a condition of approval of large residential subdivisions a proportion of the new lots and/or housing units should be reserved for affordable housing...a common practice throughout California to enlist the private sector in affordable housing solutions through the project-approval process. To accomplish this goal may require mandates as well as residential density-bonus incentives. Implementation of new policies to promote affordable housing will require certification of LCP amendments.
The ultimate goal is for the City to encourage through public policies and programs the ownership of as many housing units as possible by as many people who want them, at affordable costs, not just for persons with more than ample income or assets but also for individuals, families and single parents with limited or modest incomes.
II. Community Char., Page 5
2.6. Goal #6: Improve Public Facilities, Services and Transportation Systems Various public works and public facilities are presently aging or are non existent, or are in need of maintenance, or may become inadequate in the near future. Included in this category are selected city streets and roads, the waste water (sewer) system, elements of the local water distribution system (a privately- owned utility under California Public Utility Commission oversight), public off-street parking, parks and recreation facilities, public safety facilities, and trails/sidewalks.
To accommodate new as well as the existing population and businesses the city shall undertake a comprehensive program to upgrade and create adequate public facilities and services. This program shall be a combination of city-financed capital improvements, which may require bond issues, and "exactions" (the process whereby as a condition of subdivision and development approval the developer dedicates land and/or pays fees in order that facilities generated by and for the benefit of the development are provided).
Furthermore, the city shall ensure that new streets and trails to be considered for acceptance into the Point Arena street system conform to design standards appropriate to their functional classification. Priority attention should be given to adopting exacting standards as a basis for reviewing tentative subdivision map applications.
Adequate off-street parking Downtown shall be ensured through a combination of the continuing application of existing ordinances and the development by the city of one or more off-street parking lots as a priority public works project.
A schedule of "development impact fees" as a method to finance roadways and other public facilities shall be adopted as soon as possible.
A year-round bridge or crossing of the Garcia River shall be established.
Eventually, a Highway One bypass route to replace the present location of the in-town State highway shall be recognized as a significant transportation improvement and policy objective.
2.7. Goal #7: Promote Energy Conservation and Recycling Preserving non-renewable energy resources, promoting the recycling of household and industrial products, and minimizing unnecessary disposal of solid wastes when alternatives are available are national, state, and county goals that the City of Point Arena shall adhere to in the small ways available to it. Among the goals are recovering materials from solid wastes, promoting the use of solar energy, and developing land-use regulations and Zoning Ordinance provisions for new subdivisions that mandate the maximum possible reliance upon passive solar heating or other energy-saving features.
II. Community Char., Page 6
2.8. Goal #8: Assist in Implementing the California Coastal Act In addition to the goals enumerated above, the city shall, to the extent required by law, implement relevant California Coastal Act policies through its certified Local Coastal Program including, but not limited to policies for preserving marine resources; protecting the quality of coastal waters, streams, and wetlands; regulating the diking, filling and dredging of open coastal waters, wetlands and estuaries; protecting environmentally-sensitive habitat areas; giving priority to coastal-dependent uses on or near the coastline; limiting oil and gas developments in accordance with state and local statutes; and, maintaining the viability of existing agricultural uses in accordance with the provisions of California Coastal Act Sections 30241 - 30243.
3. CONSTRAINTS AFFECTING DEVELOPMENT
3.1. Introduction
Development within Point Arena must be limited or constrained by certain realities. First are physical hazards including seismic hazards, as well as slope and soils conditions.
Moreover, the availability or not of water and waste water facilities may constrain development or dictate where and when development may occur or not occur.
Building and development can not occur haphazardly; they must, for reasons of safety to people and property, be limited through public policies (land use, zoning, subdivision, and environmental); and the mapping of hazardous areas, as a component of the General Plan, must be accomplished as a basis for adopting regulations.
Development must also be subject to the availability of sufficient water and sewer capacity and facilities, and in some cases be conditional upon extensions and upgrades of existing infrastructure or upon the provision of new facilities.
Finally, development of Point Arena may well be constrained generally or within specific areas by virtue of a consensus among the populace that certain changes in the status quo, or threats to natural or man-made features and the town's existing identity, will not be tolerated.
3.2. Existing Physical Hazards
Among the non-seismic physical hazards which must be taken into account and may constrain or limit the location or extent of development are the potential for cliff failure or retreat along the coastal bluffs; the potential for non-seismically-induced soils hazards imposing limits on urban-type development; shallow soil depths which may constrain septic sanitation disposal systems; the poor bearing capacity of surface and sub-surface soil materials, which may pose the risk of soil failure on steeper slopes, particularly when water saturated; and the danger of wave actions at the Cove.
Direct risk of land surface rupture (seismic hazards) along a fault trace during an earthquake II. Community Char., Page 7
would pose a hazard to structures, utilities, or roads which traverse or straddle the fault. The San Andreas Fault and the Hathaway Creek Fault pose the kind of risk potential which must be taken into account as a part of the process of project review.
Secondary seismic risks are created by the energy release by movement along a fault and include: ground shaking, landslides, lurch-cracking of the soil surface, and liquefaction of soils.
Tsunamis (tidal wave action which may result during a major earthquake) are an additional risk factor.
Flood dangers exist along the length of Arena Creek and may increase with runoff from up-stream development.
Fire hazards may be due to wildland fires, structural fires, and hazards posed by fuel storage/distribution depots. The degree of risk is related in part to the readiness of fire-fighting authorities and water availability.
3.3. Infrastructure Constraints
Among the possible constraints to further development of Point Arena are any limitations to property access that may be due to the absence or inadequacy of streets and roads; limitations posed by any limited sewer capacity; and limitations posed by the unavailability of water.
To date new sewer hook-ups to new developments are supposed to have been based on the policy of infilling, which, at the time the policy was initially adopted in the 1980 LCP, meant encouraging development on vacant lots within areas of existing development before extending services to outlying areas, with top priority to be given to existing developments within zones not presently served by sewers, and secondary priority given to undeveloped lots in these zones.
The 1980 LCP also specified that a portion of the city's sewage capacity be reserved for commercial uses, namely existing vacant parcels within the infill areas. Residential and commercial parcel sizes were to be limited to one acre minimum in areas not now served by water and sewer facilities.
On the whole these old policies were not strictly adhered to and are not considered appropriate to the new thinking that is going into this new General Plan. The main point is that unless there is some sort of explicit "growth management" plan to be followed, (no such plan is included in this General Plan) then the most reasonable solution is for sewer capacity and sewer facilities to be upgraded to handle need as and where it develops. The same can be said for domestic water services and facilities.
Accordingly, until such time as up-to-date engineering studies are completed the City will rely upon existing available information on the area's water and sewer systems and capacities, and, within a five-year time frame, will re-assess the suitability of the present systems. The City finds that within this five-year time frame the present systems will meet foreseeable needs and will accommodate growth and development as set forth in this General Plan.
II. Community Char., Page 8
3.4. Constraints Imposed By Local Values and Expectations The following are Point Arena's "Sacred Cows" ... those features which are to be maintained and preserved as the town grows and accommodates more people, businesses, and houses. The General Plan acknowledges these and other features and asserts that they are to be taken into account with respect to all new developments in order to create a more perfect environment and save what is highly regarded by the populace. The "sacred cows" of Point Arena are:
1. Coastal bluffs and access to them by foot
2. Viewsheds and open space features
3. Historic buildings of merit
4. The integrity, water quality and natural condition of Point Arena Creek
5. The town's special air quality
6. The low ambient noise levels
7. The town's overall low population density and building intensity
8. The semi-rural, small-town, unpretentious character of Point Arena
9. The existing relatively-restrained signing of commercial and business establishments
10. The rural countryside surrounding Point Arena
4. OPPORTUNITIES
Every community possesses its own unique set of characteristics and features that present opportunities for the future, and Point Arena is no exception. For Point Arena the most significant opportunities are the potentials that exist for:
1. Increased economic development and recreational opportunities at the Cove, Downtown and along Highway 1
2. "Capturing" more tourist dollars as traffic on Highway 1 increases, provided reasons to stop exist by the side of the road
3. Creating housing opportunities within the underdeveloped Downtown area and as part of new housing built within new subdivisions
4. "Capturing" an increased demand for consumer goods and services because of new houses being built and occupied within rural areas outside the urban limit line of Point Arena
5. Attracting and accommodating craftspeople and artists, and small cottage industries, as part of a privately- initiated City-inspired Downtown revitalization program
6. Allowing a greater proportion of residential units connected with commercial Downtown growth...in order to foster mixed uses, Downtown revitalization, a built-in demand for II. Community Char., Page 9
Downtown goods and services, and affordable housing (on now undeveloped and underdeveloped lots)
7. "Capitalizing" on the inventory of historical buildings, which buildings contribute to the town's attractiveness, character, and identity
8. Conserving existing natural features, viewsheds, open spaces, air quality, low ambient noise levels...due to the fact that little has occurred so far to irretrievably damage or destroy these resources and assets
9. Accommodating no-negative-impact home occupations within residential areas...in recognition of the fact that increasing numbers of people can and wish to work in their homes, especially those involved in or dependent on high-tech electronic communications activities (use of computers, FAX machines, modems, etc.), and
10. Accommodating light industrial activities (and fostering job opportunities in the presently-zoned industrial area.
5. MAPS
The various resource designations appearing on the General Plan maps represent the best information available at this time and, therefore, create a presumption of accuracy which may be overcome only with additional information that can be shown to be a more accurate representation of the existing situation than the information has been used to determine these boundaries. Such showing shall be done in the context of an amendment to the General Plan/Local Coastal Plan.
Development proposals in or adjacent to environmentally sensitive habitat areas such as wetlands, riparian zones on streams or sensitive plant or wildlife habitats including, but not limited to those shown on the Land Use Map and Opportunities and Constraints Map:
“Biological Resources and Trails” shall be subject to special review to determine the current extent of the sensitive resource and appropriate development controls and mitigation measures consistent with the applicable policies of the LCP.
6. INTRODUCTION TO THE ELEMENTS OF THE GENERAL PLAN
To achieve the Overall Goals of this 2001 Point Arena General Plan there are eight General Plan Elements. In this chapter the specific goals, policies, and programs of each of the following elements are set forth.
Land Use and Development
II. Community Char., Page 10
Economic Development
Traffic and Circulation
Open Space and Conservation
Community Health and Safety
Noise
Housing
Coastal
Local Coastal Plan Update Guide
Part I - Introduction
LCP Update Guide: – Part I - Introduction Introduction – pg 2 July 31, 2013
Introduction
This document provides guidance for updating Local Coastal Programs (LCPs). The California Coastal Act of 1976 ushered in an era of significant new land use planning in California. Based on the Coastal Act’s requirements, local governments prepared and implemented LCPs to carry out the Act’s mandate to protect coastal resources and maximize public access to the shoreline. LCPs established the kinds, locations, and intensities of new development allowed in the coastal zone, and identified other development standards necessary to achieve the objectives of the Coastal Act. Once an LCP was certified by the Coastal Commission as consistent with Coastal Act requirements local governments were then given the authority to, and responsibility for, issuing coastal permits for most new development, subject to the standards of their certified LCPs.
As a result, certified LCPs have become an important part of California’s coastal zone management program. But due to changes in the amount, condition, and location of development and sensitive resources over time, the Commission and many local governments have also recognized that LCPs need to be updated over time in order to remain effective.
Significant changes may have occurred since the last LCP certification that can directly impact efforts to protect California’s coast. Population and development patterns may have changed, leading to new pressures on resources and public access. New nonpoint source pollution laws may be in place, and scientists have learned more about sensitive species, habitats and other coastal resources over time. Global climate change and sea level rise are also real concerns that must now be considered in land use decisions and planning.
Similarly, the Commission and local governments have over time encountered numerous procedural issues, for example concerning permit or appeal procedures that can undermine effective implementation of LCPs. Questions and disputes on implementation procedures can delay the development review process and require more staff resources to resolve. Although sometimes unavoidable, procedural conflicts also divert attention from the core LCP objective of coastal resource protection.
This LCP Update Guide is therefore intended to support LCP update efforts by providing information and guidance for addressing some of these emerging issues in the update of a certified LCP. It is not intended to cover every issue that should be considered in an update, but it does highlight some recent Coastal Commission decisions, and policy and procedural concerns, that most coastal communities may need to address.
It thus serves as a good place to start.
Who issues the permits?
As of 2012, about 72% of the
128 local coastal program
segments of the 76 coastal
jurisdictions were certified and
the local jurisdictions were
issuing coastal permits for most
developments in those certified
areas. In addition to areas
that do not yet have a certified
LCP, the Coastal Commission
retains permitting jurisdiction
below mean high tide, on public
trust or tidelands, and may
exercise permit authority within
its appeal jurisdiction (see
Coastal Act 30603, at:
http://www.coastal.ca.gov/coa
stact.pdf).
Local Coastal Plan Update Guide
Part I - Introduction
LCP Update Guide: – Part I - Introduction Introduction – pg 3 July 31, 2013
If you do not yet have a certified LUP or IP, this LCP Update Guide can be consulted, but it is not intended to be a complete manual on how to prepare an LCP for initial certification. Contact Commission staff for information on regulations and methodology for completing a new LCP.
Updated Analyses Needed to Support LCP
Amendments
The original LCPs developed by local governments included significant planning data and background analyses to support the proposed policies and ordinances. Because circumstances change over time, it may be necessary to update these background data and analyses. New information, such as updated buildout projections and analysis of available public services, is a key to supporting revised policies and procedures and to addressing consistency with the Coastal Act. Any LCP update amendment submittal must include appropriate documentation. Some examples of recommended analyses to perform and update are presented throughout this document.
Identifying the Components that Comprise the LCP
In many cases, different portions of LCPs have been certified at different times and undergone multiple revisions. This has sometimes led to confusion about what documents comprise the certified LCP. An LCP update provides an opportunity to clarify exactly what your LCP includes.
You should specifically identify which documents, portion of documents, and maps are a part of the final certified program and thus intended to apply in the coastal zone. The relevant portions of any reference documents or sources cited should also be incorporated into the updated LCP submitted for certification. These steps will ensure that any changes to these documents are considered amendments to the LCP and thus will continue to apply in your coastal zone.
Local Context Matters
This LCP Update Guide is intended to highlight recent policy and procedural concerns in core Coastal Act issue areas. Please be aware that the information presented here is guidance only. It should be considered in conjunction with the legal requirements of the California Coastal Act and the California Code of Regulations. The Guide offers some examples of how certain issues have been addressed by the Commission (and local governments in other cases). While these examples may be useful, resource conditions and local circumstances may differ by community, some examples may not apply or you may need to address other topics beyond those presented in this document.
LCP Amendment
submittal procedures
may be found at in Chapter 6
of the Coastal Act, at:
http://www.coastal.ca.gov/coa
stact.pdf
and in CCR Title 14, Div.
5.5 at Chapter 8 13500-
13648, at:
http://government.westlaw.com
/linkedslice/default.asp?SP=
CCR-1000
Local Coastal Plan Update Guide
Part I - Introduction
LCP Update Guide: – Part I - Introduction Introduction – pg 4 July 31, 2013
An LCP update will usually address all major policies groups in Chapter 3 of the Coastal Act. Specific questions about what should be addressed in an LCP should be discussed directly with the appropriate Commission District Office. Contact information can be found at:
http://www.coastal.ca.gov/address.html
STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105- 2219
VOICE (415) 904- 5200
FAX ( 415) 904- 5400
TDD (415) 597-5885
November 12, 2013
TIPS/ BEST PRACTICES FOR PROCESSING LCP AMENDMENTS
These are recommended practices to enhance coordination and decision-making on LCP amendments. This focuses on steps involving local governments and the Commission, and opportunities for increased coordination and enhanced communication. Column one describes the five major LCP amendment phases and their objectives. The second and third columns identify practices that local governments and the Coastal Commission staff could consider at each phase in order to improve communication and public participation, with the ultimate goal of minimizing conflict and facilitating more effective and efficient amendment of LCPs. For more information on statutory and regulatory requirements and Coastal Act issues, check the Commission’s website at http://www.coastal.ca.gov/
AMENDMENT PHASE LOCAL STAFF BEST PRACTICES CCC STAFF BEST PRACTICES
1. INITIAL AMENDMENT SCOPING
AND DEVELOPMENT
♦ Identify need for an LCP
change/problem definition
♦ Identify amendment scope and
potential changes to, and effects
on, existing LCP
♦ Prepare preliminary draft
♦ GOAL: AGREE ON
AMENDMENT SCOPE
Coordinate Early:
Contact CCC staff to discuss need for
amendment
Discuss nature and scope of proposed
changes
Identify issues raised
Share and discuss early drafts
Coordinate Early:
Meet with local staff
Understand reasons/need for amendment
Discuss issues, information and analytic needs
and next steps
Discuss how to characterize and show what the
LCP changes will be (especially for complex
amendments)
Discuss dividing amendments covering multiple
sites or subjects into separate amendments, if
processing this way would be more efficient.
2. LOCAL AMENDMENT PROCESS
♦ Notify the public of upcoming
process and availability of review
drafts at least 6 weeks before
vote (14 CCR 13515(c))
♦ Scoping: Notice and conduct
local outreach and hearings;
notice at least 10 working days
before hearing (14 CCR
13515(d))
♦ Adopt Amendment
♦ GOAL: REACH AGREEMENT
ON LCP AMENDMENT TEXT
Narrow Issues:
Send public copy to CCC staff as soon as
available
Meet with CCC staff to discuss process and
timeframe necessary to receive comments
prior to local action
Continue issue discussion with CCC staff
where necessary
Address any CCC staff comments and
requested information and analysis
If concerns warrant, share CCC staff input
with local decision-makers
Notify and provide to CCC staff (and others)
Narrow Issues:
Conduct initial review of public draft and alert local staff of any major concerns identified
Allocate staff time to review and comment on early
drafts prior to local action
Establish timeframes for follow-up discussions
with local staff and decision-makers as requested
Attend local hearings as appropriate
Schedule preliminary review before CCC and/or
CCC field trips, as appropriate and if feasible
TIPS/ BEST PRACTICES FOR PROCESSING LCP AMENDMENTS
November 12, 2013
AMENDMENT PHASE LOCAL STAFF BEST PRACTICES CCC STAFF BEST PRACTICES any major changes to amendment as it goes
through process
Maintain mailing list of interested and
participating public
Follow notice requirements of Regulations
Ensure the amendment is clearly described
in notices and other distributed materials
3. PREPARE SUBMITTAL
Assemble LCP materials
Transmit to CCC
Make Available to Public
GOAL: COMPLETE SUBMITTAL
Avoid Submittal Problems:
Discuss contents of submittal package with
CCC staff prior to submittal
Satisfy all submittal requirements of
Regulations
Provide adequate supporting information
Include in submittal to CCC sufficiently
detailed description of changes and their
effect on current LCP
Avoid Submittal Problems:
Discuss contents of submittal package with local
staff prior to its formal transmittal
Make Submittal Information Available to Public
4. PROCESS AMENDMENT AT
CCC
♦ Review submittal for
completeness within 10 working
days unless unusual
circumstances (14 CCR 13553)
♦ Address Outstanding Information
Needs
♦ File LCP Amendment Submittal
♦ Prepare and release staff report
with recommendation at least 7
calendar days before hearing
(14 CCR 13554(b) and 13532 )
♦ Notice at least 10 days
calendar before hearing (14
CCR 13524)
♦ Hold public hearing and vote
within 60 days of filing
submittal if Implementation
only otherwise within 90 days
or within up to additional 12
months with time extension
(PRC 30512,30513,30517)
♦ Transmit action to local
government
Prepare for CCC Action:
Respond to CCC filing letter
Discuss CCC staff concerns as they analyze
LCPA
Provide any necessary supporting
information
Discuss scheduling with CCC staff that
affords time to try to resolve issues prior to
CCC hearing
Inform CCC if local government does not
want suggested modifications
Participate in hearing
Focus comments on any specific points of
disagreement with CCC staff
Prepare for CCC Action:
♦ Acknowledge receipt of amendment and discuss
filing needs ahead of sending filing letter, if
necessary, asking for additional LCPA supporting
information
♦ Keep local staff informed of major concerns as
LCPA is analyzed and ultimately as staff report is
being prepared
♦ Separate into parts after LCP amendment filed as
complete, if processing this way would be more
efficient
♦ Discuss tentative CCC hearing dates with local
staff
♦ Discuss potential to meet with local staff and/or
decision-makers to discuss concerns before staff
report is released
♦ Consider local staff input into CCC staff report;
particularly modification language
♦ Prepare staff recommendation summary of any
major points of disagreements and explain any
suggested modifications
♦ After release of staff report be available for
continued discussions
♦ Schedule hearing(s) to allow for adequate
consideration of recommendation.
TIPS/ BEST PRACTICES FOR PROCESSING LCP AMENDMENTS
November 12, 2013
AMENDMENT PHASE LOCAL STAFF BEST PRACTICES CCC STAFF BEST PRACTICES ♦ GOAL: CCC ACTION ON
AMENDMENT
5. EFFECTUATE AMENDMENT
♦ Local acceptance of any
modifications or decide to
resubmit within 6 months of
CCC action or within additional
year with CCC extension (14
CCR 13535(c), 13537(b) and
13542(b))
♦ Finalize local approval
♦ Complete CCC Executive
Director check-off
♦ GOAL: AGREE TO AND PUT
AMENDMENT INTO EFFECT
Resolve Differences:
Explain to decision-makers reasons for any
suggested modifications
If not prepared to accept all modifications as
adopted, discuss with CCC staff best options
for proceeding
Accurately and thoroughly incorporate final
adopted amendment into existing LCP
documents; annotate with date and
resolution and/or amendment number
Provide Updated LCP Text to CCC (digitally)
Resolve Differences:
♦ Discuss potential to attend Board or Council
meeting to discuss Commission action
♦ Continue communication with local staff on
response to modifications
♦ Ensure CCC copies of LCP are updated with
amendment