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POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: X A
MEETING DATE: 12/13/2022
TITLE
Briefing from Housing Update Team on LCP Amendment Process
RECOMMENDED ACTION
Receive report and provide direction to staff and consultants.
ANALYSIS
The City's Housing Update team will provide a briefing on the following items:
1. Community Housing Survey and Property Owners Survey.
2. Restructuring of the City's Zoning Code.
3. Modifications to the Accessory Dwelling Unit Ordinance to address Coastal Commission feedback.
4. Next steps
1. Community Housing Survey and Property Owner Survey
The Housing Update team will deliver a comprehensive Community Outreach Report at a special City Council meeting in January. This report will collate and analyze community input from a variety of sources, including the Community Housing Survey, the Property Owner Survey, interviews with key stakeholders, and other outreach conducted thus far.
By consolidating all of these efforts into a single report, we hope to streamline the information delivered to the community and the Council while providing a complete picture of outreach efforts and community input received at this stage of the LCP Amendment process.
Our team is analyzing the large trove of data generated through the two surveys (more than 240 responses in all) and performing the complicated process of cross-sectional analysis. Community members have committed a considerable amount of time and effort completing the surveys and we aim for a report that offers a comprehensive overview of the data along with interpretation and insights for consideration as policy decisions are made.
In recognition of the high level of community interest in the surveys and the Housing Update process, we will widely publicize the January workshop through all of the City's media channels, including posters in prominent locations around town. - 2 -
2. Restructuring the Zoning Code
The Housing Update process includes modifications to the City's Zoning Code that will address the following:
▪ Modified regulations to implement State legislation for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)
▪ Possible changes to Highway Commercial (HWC) and Multi-Family Residential (MR) Zoning to encourage more housing development
▪ Provisions for implementation of State Density Bonus laws. ▪ Updates per State housing laws including modifications to address:
o transitional and shared living/supportive housing
o conversion of housing to other uses
o Employee Housing Act compliance
o mobile homes and manufactured homes
o Low Barrier Navigation Centers
▪ Possible changes to the provisions regarding Point Arena Mountain Beaver protections to align with new guidance that is being prepared by US Fish & Wildlife Service biologist Greg Schmidt.
▪ Possible changes to City parking standards.
▪ Changes to make the Code more user-friendly.
▪ Changes to simplify and streamline permitting processes.
In order to make these changes, the Housing Update team recommends that the Zoning Code be reorganized as shown in Attachment A. The primary changes are as follows:
▪ Chapters and sections are renumbered.
▪ Chapter 18.10 "Definitions" is renumbered (18.45) and relocated to the end of the ordinance. All of the definitions in Appendix A will be located in this chapter. ▪ Chapter 18.25 "General Provisions and Exceptions" is eliminated and its contents are relocated to other Chapters.
▪ The following new Chapters are established:
o Chapter 18.20 General Development Standards
o Chapter 18.25 Standards for Specific Land Uses
o Chapter 18.30 Environmental and Historic Resources Protection - 3 -
▪ Chapter 18.30 "Procedures and Administration" is renumbered (18.35) and new Articles are established as follows:
o Article I. Non-Conforming Uses, Structures and Lots
o Article IV. Appeals
o Article VI. Density Bonuses and Affordable Housing Incentives We have reviewed the reorganized Zoning Code table of contents with Coastal Commission staff and they are supportive of the concept and offered helpful suggestions about how to structure a master index and incorporate cross-references so historical number references are retained.
Recommendations: We recommend that the restructuring of the Zoning Code be packaged as a minor LCP amendment and that the City request that it be processed concurrently with the Accessory Dwelling Unit regulations (a major LCP amendment).
This first package of LCP Amendments can be expeditiously processed by the Coastal Commission in accordance with their mandate for streamlining review of ADU ordinances. All other changes to the Zoning Code will be packaged in a second LCP amendment that will be subject to the Coastal Commission's standard process.
3. Modifications to the Accessory Dwelling Unit ordinance Attachment B presents proposed modifications to the City's Zoning Code to address the new State legislation for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The City Council adopted a revised ADU ordinance in 2020 that was transmitted to the Coastal Commission for certification ("2020 ADU Ordinance). The Commission staff's initial review of the 2020 ADU Ordinance was presented in a 9-page comment letter. The Housing Update team met with Commission staff on September 19, 2022 to review the Coastal Commission comments on the City's 2020 ADU ordinance and to discuss approaches to resolve the issues identified. Subsequently, a modified ADU ordinance was prepared and reviewed with Commission staff on November 28, 2022 ("Revised ADU Regulations"). The Revised ADU Regulations are presented in Attachment B. In brief, it accomplishes the following:
▪ The 2020 ADU ordinance was a stand-alone ordinance. The Revised ADU Regulations are woven into the City's existing Zoning Code. ▪ The Revised ADU Regulations address updated to State ADU laws that were enacted after the 2020 ADU Ordinance was prepared.
▪ The Revised ADU Regulations retains a similar permitting framework for ADUs as in the 2020 ADU ordinance, whereby certain types of ADUs would be exempted from the requirement to obtain a coastal development permit (CDP) and those requiring a CDP would be approved administratively.
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▪ The Revised ADU Regulations clearly articulate objective standards for protection of coastal resources that, if met, would be the basis for an exemption from the CDP requirement. These standards also respond to issues raised in the Coastal Commission's initial response letter to the 2020 ADU Ordinance. ▪ The Revised ADU Regulations establish an administrative CDP process that is consistent with State ADU laws.
Coastal Commission staff's informal review of the Revised ADU Regulations yielded a number of comments and suggestions which will need to be incorporated into the draft presented in Attachment B. In addition, modifications to the LCP Land Use Plan (i.e., the General Plan) will be needed to ensure consistency with the new ADU regulations.
Recommendations: The Housing Update team will prepare additional modifications to the Revised ADU Regulations to establish one comprehensive, unified package of revisions. We propose to bring this forward for a preliminary review by the Council and community at a workshop in January. Following that, a more formal public review process would be conducted with required noticing and public hearings. Coastal Commission staff has indicated that, rather than withdrawing the LCP amendment application that is in process and starting anew, the City Council can adopt a resolution authorizing staff to transmit the Revised ADU Regulations as an updated version to the previously submitted LCP amendment. We recommend that, following a more in depth review of the Revised ADU Regulations in January and revisions as needed, the Revised ADU Regulations should be brought back for Council action and transmitted to the Coastal Commission.
4. Next steps in the LCP Update process
Recommendations: The Housing Update team requests that the City Council schedule a public workshop in January 2023 to receive a report from the Housing Update team on the following items, obtain public comments, and provide direction as needed:
▪ Community Outreach Report (including final results and analysis of Community Housing Survey and Property Owner Survey)
▪ Revised ADU Regulations - this will include an updated version of Attachment B and amendments to the LCP Land Use Plan relating to ADUs ▪ Options for Modifications to Highway Commercial (HWC) and Multi-Family Residential (MR) Zoning Classifications to encourage more housing ▪ Recommendations for moving forward with a multi-family housing project on the City-owned property at 24001 Highway One.
▪ Recommendations for streamlining and simplifying permitting processes.
We recommend that a full two hours be set aside for this discussion. - 5 -
FISCAL IMPACT
The work of the Housing Update Team is being paid for by an SB2 Grant from the State Department of Housing & Community Development.
ATTACHMENTS
A. Revised Zoning Code - Table of Contents
B. Revised ADU Regulations
CITY MANAGER SIGNATURE
Prepared by LCP Consultant Linda Ruffing of North Coast Community Planning _________________________________
Paul Andersen, City Manager
Attachment A
Revised Zoning Code - Table of Contents
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Point Arena, California - Municipal Code
Title 18 ZONING
Chapter 18.05 ADOPTION, SHORT TITLE AND PURPOSE
18.05.010 Adoption.
18.05.020 18.05.015 Short title.
18.05.030 18.05.020 Purpose.
18.05.040 18.05.025 Consistency with Point Arena general plan and coastal element.
18.05.050 18.05.030 Procedure.
18.25.010 18.05.035 Applicability and consistency. Revise as necessary Chapter 18.10 18.45 DEFINITIONS Move this Chapter to end of Title 18 Chapter 18.15 18.10 ESTABLISHMENT AND DESIGNATION OF ZONES
18.15.010 18.10.010 Principal zones.
18.15.020 18.10.015Location and boundaries of zones.
18.15.030 18.10.020 Zoning map.
18.15.040 18.10.025 Determining uncertain boundaries.
18.15.050 18.10.030 Applies to all territory.
18.15.060 18.10.035 Establishment of limitations on land use and structures.
18.15.070 18.10.040 Zoning of annexed properties.
Chapter 18.20 18.15 REGULATIONS FOR THE PRINCIPAL ZONES Add tables for use restrictions and development standards to make it easier to see differences across zones
18.20.010 18.15.010 Conflict of regulations.
18.20.020 18.15.015 Suburban residential or SR zone.
18.20.030 18.15.020 Urban residential or UR zone.
18.20.040 18.15.025 Multifamily residential or MR zone.
18.20.050 18.15.030 Agriculture exclusive or AE zone.
18.20.060 18.15.035 Residential agriculture or RA-2 zone.
Attachment A
Revised Zoning Code - Table of Contents
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18.20.070 18.15.040 Core commercial or C zone.
18.20.080 18.15.045 Highway commercial or HWC zone.
18.20.090 18.15.050 Harbor commercial or HC zone.
18.20.100 18.15.155 Industrial or I zone.
18.20.110 18.15.160 Public facility or PF zone.
18.20.120 18.15.165 Park or P zone.
18.20.130 18.15.170 Open space or OS zone.
Chapter 18.25 GENERAL PROVISIONS AND EXCEPTIONS Eliminate this chapter - relocate contents to other sections
Chapter 18.20: GENERAL DEVELOPMENT STANDARDS
18.25.070 18.20.010 Height limitations and modifications.
18.25.080 18.20.015 Access to public road.
18.25.090 18.20.020 Accessory structures.
18.25.110 18.20.025 Yards, fences, walls and hedges.
18.25.140 18.20.030 Landscaping and screening.
18.25.260 18.20.035 Control of noise.
18.25.280 18.20.040 Off-street parking.
18.25.290 18.20.045 Signs.
Chapter 18.25: STANDARDS FOR SPECIFIC LAND USES
18.25.020 18.25.010 Accessory uses.
18.25.030 18.25.015 Vehicle and other storage.
18.25.040 18.25.020 Animals.
18.25.050 18.25.025 Assemblages of persons and vehicles.
18.25.060 18.25.030 Home occupation.
18.25.120 18.25.035 Swimming pools.
18.25.300 18.25.040 Mobile home regulations.
18.25.310 18.25.045 Storage tanks.
Attachment A
Revised Zoning Code - Table of Contents
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18.25.320 18.25.050 On-shore facilities for the support of off-shore oil and gas exploration or development.
18.25.060 Accessory Dwelling Unit & Junior Accessory Dwelling Unit Regulations - New section Chapter 18.30: ENVIRONMENTAL AND HISTORIC RESOURCES PROTECTION
18.25.130 18.30.010 Diking, dredging and filling.
18.25.200 18.30.015 Determination of geologic stability.
18.25.210 18.30.020 Coastal bluff retreat/erosion setback guidelines.
18.25.220 18.30.025 Development in or adjacent to environmentally sensitive habitat areas (ESHA).
18.25.230 18.30.030 Required wetland and environmentally sensitive habitat impact and mitigation review.
18.25.240 18.30.035 Point Arena mountain beaver and the mountain beaver buffer area.
18.25.340 18.30.040 Water quality. Relocate application requirements in sections (1) and (2) to application requirements section in Procedures and Administration (Chapter 18.35)
18.25.100 18.30.045 Public access to the shoreline. Put 2nd half of regulation here (1st half in Definitions section)
18.25.250 18.30.050 Locating new development. Put 1st half of regulation here (2nd half in application requirements section in Procedures and Administration (Chapter 18.35)
18.25.270 18.30.055 Mitigation measures.
18.25.160 18.30.060 Architectural and historical significance.
Chapter 18.30 18.35 PROCEDURES AND ADMINISTRATION
Article I. Non-Conforming Uses, Structures and Lots New article heading
18.25.170 18.35.010 Nonconforming uses and structures.
18.25.180 18.35.015 Nonconforming lots.
18.25.190 18.35.020 Nonconforming off-street parking.
Article II. Permits Planning Permit Procedures Rename article heading
18.30.060 18.35.110 Initiation, application, fees, and procedures for permits. Redundant crossreference, consider deleting Attachment A
Revised Zoning Code - Table of Contents
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18.30.110 18.35.115 Coastal development permits. Add verbiage for Administrative CDP process.
18.35.120 Coastal development permit exemptions
18.30.120 18.35.125 Categorical exclusion.
18.25.150 18.35.130 Site development and architectural review.
18.30.130 18.35.135 Planned residential development (PRD).
18.30.140 18.35.140 Comprehensive development plans.
18.35.145 Conditional Use Permits. - Draft new section
18.35.150 Variances. - Draft new section
18.35.155 Amendments to Planning Permits. - Draft new section
18.30.150 18.35.160 Sign permits Coastal development permits for signs and ADUs— Streamlined administrative process. Reference to admin CDPs for ADUs goes here
18.35.165 Streamlined administrative process for ADUs. New process for admin CDPs for ADUs goes here
18.30.070 18.35.170 Required hearings. New language for ADUs added
18.30.080 18.35.175 Findings.
18.30.090 18.35.180 Conditions.
18.30.100 18.35.185 Effective dates.
18.30.160 18.35.190 Time limitations on permits. Revise to allow for extension of permits
18.30.170 18.35.195 Revocation of permits.
Article I Article III. Amendments to Zoning Ordinance and/or Zoning Map
18.30.010 18.35.210 Amendments to zoning ordinance and zoning map.
18.30.020 18.35.225 Initiation of amendments.
18.30.030 18.35.230 Amendment procedures.
18.30.040 18.35.235 Notification requirements for amendments.
18.30.050 18.35.240 Effective date of amendments and incorporation in local coastal program.
Article IV. Appeals New article/heading
18.30.180 18.35.310 Appeals of local actions other than a coastal development permit.
18.30.190 18.35.315 Appeals for local actions on coastal development permit applications.
Attachment A
Revised Zoning Code - Table of Contents
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Article II Article V. Applications and Notifications
18.30.200 18.35.410 Application form.
18.25.250 18.35.415 Locating new development. Supplemental information for specific uses.
Include part (2) of this provision here. 1st part will be relocated to Environmental and Historic Resources Protections (Chapter 18.30).
18.25.330 18.35.420 Subdivision application requirements. Consider eliminating this or moving to Subdivisions (Title 17)
18.30.210 18.35.425 Application fees.
18.30.220 18.35.430 Hearing notification requirements.
18.30.230 18.35.435 Administrative process—Coastal development permits for signs, which may be found categorically exempt under CEQA guidelines.
18.30.240 18.35.440 Costs of notification to interested persons. Confirm legality, consider revising or deleting
Article VI. Density Bonuses and Affordable Housing Incentives New article/regulations
18.35.510
Chapter 18.35 18.40. ENFORCEMENT
18.35.010 18.40.010 Responsibility for enforcement.
18.35.020 18.40.015 Civil penalties.
18.35.030 18.40.020 Public nuisance.
18.35.040 18.40.025 Conflict with other regulations and private agreements.
18.35.050 18.40.030 Effect on previously issued permits.
Chapter 18.10 18.45 DEFINITIONS Incorporate all definitions in Appendix A into this section. Will need to alphabetized and numbered
18.10.010 General definitions.
18.10.020 City council/planning commission.
18.10.030 Reference to Appendix A.
18.25.100 Public access to the shoreline. Add first part of this section to Definitions (it's the Coastal Act definition of "development")
Appendix A SUPPLEMENTARY DEFINITIONS
Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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POINT ARENA ZONING ORDINANCE
PRELIMINARY DRAFT ADU/JADU REGULATIONS
(Note: Red underlined text indicates new provisions. Informative notes are shown in italicized text. All zoning code citations referenced in this document are based on the proposed reorganized Zoning Code table of contents)
A new Section 18.25.060 will be added to the Point Arena Municipal Code as follows:
18.25.060 Accessory Dwelling Units & Junior Accessory Dwelling Units (1) Purpose. This Article provides for the regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as required by Section 65852.2 and Section 65852.22 of the California Government Code, as amended. Section 65852.2 and Section 65852.22 establish specific requirements for the regulation of ADUs and JADUs with the goal of increasing statewide availability of smaller, more affordable housing units. In accordance with Section 65852.2, ADUs and JADUs are not considered new residential units for the purpose of calculating residential density. This Article is intended to protect coastal resources when regulating ADUs and JADUs, while also complying with the standards in Section 65852.2 and Section 65852.22 to the greatest extent feasible. (2) Applicability. The provisions of this Article apply to all lots that are occupied with a legally established single‐family dwelling unit (or where a single-family dwelling is approved in conjunction with the ADU or JADU) and in zoning districts that allow an existing dwelling or single‐family dwelling as a principally permitted or conditionally permitted use. The provisions also apply in part to mixed‐use properties where multi‐family housing is legally established as required under Government Code Section 65852.2(e).
(3) Reporting. All owners of ADUs and JADUs established in accordance with this Chapter are required to report annually, or upon request by city, on whether each JADU and/or ADU is rented to a tenant qualifying as low-income or moderate income, or if the unit is occupied but not rented, or unoccupied.
(4) Permits Required. ADUs or JADUs may be permitted in any zone that allows residential uses as a permitted or conditional use. ADUs or JADUs may be permitted in accordance with one of the following determinations:
(a) Determined to be exempt from the requirement to obtain a coastal development permit pursuant to Section 18.35.120(2)(a); or
(b) Determined to be excluded from the requirement to obtain a coastal development permit pursuant to Section 18.35.125; or
(c) Determined to require an administrative coastal development permit pursuant to Section
18.35.165.
(5) General Standards for all ADUs and JADUs.
(a) An ADU and/or JADU shall only be permitted on a parcel that contains an existing single- or multi-family dwelling, or for which an application for a proposed single- or multi-family dwelling has been approved.
(b) A JADU may only be located within the walls of an existing single-family dwelling.
Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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(c) An ADU may be attached to an existing single- or multi-family dwelling or located in a detached, separate structure.
(d) An existing accessory structure may be converted into an ADU consistent with the provisions of this Article.
(e) ADUs and JADUs may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence except when the primary dwelling and the ADU are built by a qualified non-profit corporation and the ADU will provide low-income housing in accordance with California Government Code Section 65852.26. (f) ADUs and JADUs are intended to increase the supply of non-transient housing. Restrictions regarding use of ADUs and/or JADUs as vacation home rentals are as follows:
i. On a property with an ADU and/or JADU, use of an ADU or JADU for transient habitation shall be prohibited.
ii. Prior to issuance of a building permit for an ADU or JADU, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office which shall identify the prohibitions on the use of an ADU or JADU for transient habitation and all other pertinent restrictions. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.
(6) Development standards for JADUs established within an existing or proposed residence. (a) A JADU may only be established when either the single-family residence in which the JADU is created or the JADU will be occupied by the owner of the residence. (b) No more than one JADU may be located on a parcel.
(c) A JADU must be contained entirely within the walls of an existing single-family dwelling, including attached garage, or within the walls of a proposed single-family dwelling (d) The total floor space of a JADU may not exceed 500 square feet. (e) A JADU may be located within an existing single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal non-conforming structure unless the conversion increases the non-conformity of the structure. (f) A separate entrance to the JADU shall be provided.
(g) A JADU may share a bath with the single-family dwelling or have its own bath. (h) A JADU is required to include an efficiency kitchen as defined in Section 18.45.xxx. (reference new definition)
(i) For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.
(7) Development standards for ADUs.
(a) No more than one ADU may be located on a property except on properties with zoning classifications that allow multi-family uses and which have existing multi-family dwellings. On such properties, multiple ADUs up to 25 percent of the existing multi-family dwelling units may be allowed up to a maximum of two detached ADUs.
Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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(b) ADUs shall conform to height, setback and other zoning requirements generally applicable to residential construction within the zone in which the ADU is located except that:
i. an existing, legally-authorized accessory structure which does not meet setback requirements may be converted to an ADU or reconstructed to the same dimensions and converted to an ADU, and
ii. a minimum setback of no more than four (4) feet from the rear and side property lot lines shall be required for an ADU, unless additional setbacks are required for fire and safety, and
iii. an ADU of up to 800 square feet in floor area and 16 feet in height shall not be precluded if it cannot meet front setback, lot coverage and open space requirements. (c) The floor area of a detached ADU may not exceed 1,200 square feet. (d) The floor area of an attached ADU may not exceed 1,200 square feet or 50 percent of the floor area of the existing or proposed single-family dwelling, whichever is less. However, in no instance shall the floor area of an attached ADU that provides more than one bedroom be restricted to less than 1,000 square feet nor shall the floor area of an attached ADU that provides one bedroom of less be restricted to less than 850 square feet. (8) Parking requirements for ADUs and JADUs. (Consider putting this in Off-Street Parking Section
18.20.070, with cross-reference here)
(a) No parking is required for a JADU.
(b) No more than one parking space shall be required for an ADU, regardless of the number of bedrooms.
(c) Tandem parking shall be permitted.
(d) When a garage, carport or covered parking structure is either converted to an ADU or demolished in conjunction with construction of an ADU, replacement of those off-street parking spaces for the primary unit shall not be required.
(9) Coastal Resource Protections for ADUs and JADUs.
(a) ADUs and JADUs may not be located within 100 feet of the boundary of an Environmentally Sensitive Habitat Area (ESHA) unless contained entirely within a legally authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU (well, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) must also be located more than 100 feet from the boundary of an Environmentally Sensitive Habitat Area. An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the development is consistent with the standards established in Chapter 18.30.025, 18.30.030 and 18.30.035.
(b) ADUs and JADUs may not be located within 125 feet of the edge of a coastal bluff unless contained entirely within a legally-authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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an ADU or JADU must also be located more than 125 feet from the edge of a coastal bluff. An exception to these requirements may be authorized through the administrative coastal development permit process where the development is consistent with the standards established in Section 18.30.020.
(c) ADUs that are visible from a public viewpoint to and/or along the coast shall be of a similar architectural style, building materials and colors as the primary residence on the property. (d) An ADU that requires excavation of more than 50 cubic yards of material, shall require an administrative coastal development permit process in order to determine consistency with standards established in Section 18.30.040.
(e) The following standards are established for the protection of agricultural resources on parcels zoned Agriculture Exclusive ("AE"):
i. A detached ADU may only be permitted if it is located within 500 feet of the existing or proposed primary dwelling. An ADU established within an accessory structure existing as of the effective date of the ordinance establishing these requirements is exempt from this requirement.
ii. Development associated with (wells, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) shall not encroach beyond the existing residential development footprint onto lands suitable for agriculture. iii. An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the applicant can demonstrate that the ADU will not impact the long-term productivity of the agricultural land.
(f) An ADU may not interfere with any public right of access to and/or along the coast, or public trails.
(g) An ADU may not be permitted in an area mapped as a "natural hazards" area on the LCP Opportunities & Constraints Map unless a report, prepared by a licensed engineer can demonstrate that the proposed development is consistent with the standards established in Section 18.30.015.
(h) An ADU may not be permitted on a property with known archaeological resources unless an administrative coastal development permit is applied for and received and where reasonable mitigation measures shall be employed to protect archaeological resources. (10) Water and Sewer/Septic Availability for ADUs and JADUs (a) No additional studies are required for development of a JADU and/or ADU that is connected to the City of Point Arena wastewater system and the Point Arena Water Works water system. (b) For properties not connected to the City of Point Arena wastewater system, JADUs that will result in the creation of an additional bedroom and all ADUs, the applicant must submit a percolation test from a licensed on-site wastewater disposal system designer (performed within 5 years, or for a re-certified test, within 10 years) demonstrating that the existing septic system has sufficient capacity to handle the increased demand. If septic system improvements are needed, such improvements shall be subject to all requirements of this Article.
Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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(c) Prior to approval of an ADU that relies on an on-site well, the applicant must submit documentation from a licensed well driller documenting sufficient water production and/or storage to meet the demands of the ADU. If a new well and/or water storage facility are needed, such improvements shall be subject to all requirements of this Article. (11) Protection of Historic Resources. Improvements associated with ADUs and JADUs located on historic properties as defined in Section 18.30.060 must be designed to complement the architectural design of the historic structure(s) on the property. Exterior materials and colors shall be selected for compatibility with the natural- and man-made setting.
Section 18.30.070 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.30.070 18.35.170 Required hearings.
The planning commission shall consider all applications for variances, conditional use permits, coastal development permits, and design review approval.
At least one public hearing shall be held on each application for a variance, conditional use permit, design review or coastal development permit, thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. Where a development involves applications for a combination of permits, the required hearings may be scheduled concurrently. No public hearing shall be required for coastal development permit applications for accessory dwelling units second dwelling units proposed in UR, SR, and RA zones or administrative permits for signs.
Hearings will be set for the earliest available meetings, satisfying the requirements of Section 18.30.220 18.35.430 and any other county, state or federal agency minimum noticing requirements. At the public hearings, the planning commission shall hear any person interested in the proposal. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. The hearings may be continued from time to time provided that the notice of the time of the continued public hearing shall be distributed to the persons and in the manner provided for in Section 18.30.220 18.35.430.
An applicant’s request for postponement, shall be granted at the city’s discretion. The city shall, to the extent feasible, notify all persons the city knows to be interested in the public hearing of the postponement. The city shall not grant a request for postponement unless it determines that sufficient time remains under applicable deadlines for its action on the application.
Any request for postponement of a hearing by the applicant shall be in writing or stated on the record in a planning commission or city council meeting and shall include a waiver of any applicable time limits for city action on the application. Where a request for postponement is granted pursuant to this section, the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of Section 18.30.220 18.35.430.
Attachment B
Proposed Zoning Code Revisions to Address ADUs/JADUs
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The 180-day time period described in Section 65950 of the Government Code may be extended once for a period not to exceed 90 days with the written consent of the applicant and the city. [Ord. 179 § 6.07, 2001.]
Section 18.30.110 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.30.110 18.35.115 Coastal development permits.
(1) Permit—When Required. In conformance with Section 30600 of the California Coastal Act, in addition to any other approval or permit required under this title and as specifically excluded in subsection (2), a coastal development permit shall be required for any use, building or other development, as defined in California Coastal Act Code Section 30106, except as specifically exempted in Section 18.35.120 or excluded in Section 18.35.125. (2) Each coastal development permit application shall be submitted with all of the application requirements contained in relevant sections of Chapter 18.30 18.35 and all other applicable provisions in the subject development’s zoning district. (3) Coastal development permits for ADUs that are not specifically exempted per Section 18.35.120 or excluded per Section 18.35.125 shall not require a public hearing and shall be subject to the streamlined administrative process established in Section 18.35.165.
Section 18.35.060 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.35.120 Coastal development permit exemptions. (2) Development Not Requiring a Permit.
The following categories of development shall not require a coastal development permit, but shall not occur where prohibited by this title:
(1) Improvements to existing single-family residences except as noted in subsections (a)(1) - (f). For purposes of this section, the term “improvements to existing single-family residences” includes all fixtures and structures directly attached to the residence, including JADUs and attached ADUs when the improvements are consistent with development standards established in Section 18.25.060, and those detached structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory self-contained residential units.
The exemption shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:
(a) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff; (b) Any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;
(c) The expansion or construction of water wells or septic systems; (d) On property not included in subsection (2)(a) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in Attachment B
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significant scenic resources areas as designated by the city or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks;
(e) In areas which the city or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system; (f) Any improvement to a single-family residence where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or city indicated that any future improvements would require a development permit. (2) Improvements to any structure other than a single-family residence or a public works facility except as noted in subsection (b)(iii). For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
(a) All fixtures and other structures directly attached to the structure; (b) Landscaping on the lot;
(c) The exemption in subsection (b)(i) shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP:
i. Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; or within 50 feet of the edge of a coastal bluff,
ii. Any significant alteration of landforms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, or in an environmentally sensitive habitat area, iii. The expansion or construction of water wells or septic systems, iv. On property not included in subsection (b)(iii)(1) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the LUP, an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to subsection (b) or Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure, Attachment B
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v. In areas which the city or the Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system,
vi. Any improvement to a structure where the coastal development permit issued for the original structure by the city or the Coastal Commission indicated that any future improvements would require a development permit, vii. Any improvement to a structure which changes the intensity of use of the structure, viii. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion. (3) Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.
(4) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, except as provided in subsection (e). (a) The exemption shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:
i. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
▪ Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures,
▪ The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works,
▪ The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind, or
▪ The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams;
ii. Any method of routine maintenance dredging that involves:
▪ The dredging of 100,000 cubic yards or more within a 12-month period, ▪ The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet Attachment B
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of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams, or
▪ The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the city or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use;
iii. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
▪ The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials,
▪ The presence, whether temporary or permanent, of mechanized equipment or construction materials;
(b) All repair and maintenance activities governed by these provisions shall be subject to the LCP permit regulations. These provisions shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean;
(c) Unless destroyed by natural disaster, the replacement of 50 percent or more of a singlefamily residence, (as measured by 50 percent of the exterior walls), seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit; (d) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, however, that the city may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources;
(e) The replacement of any structure, other than a public works facility, destroyed by a disaster.
The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure. i. As used in this subdivision:
“Bulk” means total interior cubic volume as measured from the exterior surface of the structure.
“Disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.
Attachment B
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“Structure” includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster. (f) Any activity anywhere in the coastal zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision.
[Ord. 179 § 6.11, 2001.]
Section 18.30.120 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.30.120 18.35.125 Categorical exclusion.
(1) Geographical Area. Categorical Exclusion Order No. E-81-3 issued by the Commission on May 6, 1981 is intended to exempt from coastal permit requirements the following defined categories of developments within all zones of the city of Point Arena except as provided in this section. (2) Categories of Development.
(a) Except in areas seaward of the first public road, construction of accessory structures or buildings, including detached ADUs, of less than 500 square feet in floor area and less than 15 feet in height, changes in landscaping and site excavation or filling more than 100 feet from any perennial stream or mean high tide line which will not change the existing elevation more than two feet at any point.
“Accessory structure or building” means a detached and subordinate building or structure, other than a sign, or the use of which is incidental to that of a main building or use on that lot.
On any lot on which is located a dwelling, any building or structure which is incidental to the conducting of any agricultural use.
(b) Except in designated riparian corridors or unstable areas identified in the LCP:
i. Fences up to six feet and freestanding masonry walls up to 36 inches in height; ii. Standard electroliers not over 35 feet in height above finish grade; iii. Temporary structures build in conjunction with special events. (c) Any construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure less than any of the following criteria:
i. Curbs, retaining walls and planter boxes up to 18 inches in height; ii. A small tool or storage cabinet with not more than 100 square feet of projected roof area. Multiple cabinets shall require approval. Lot line setbacks are to be observed. (d) Except within a geologically unstable area or area within 100 feet of the Hathaway Creek Fault, discussed in Section 18.25.20018.30.015, or a riparian buffer area described in Section 18.25.22018.30.025 (the geologic and riparian areas are clearly designated in the city Attachment B
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of Point Arena land use plan), any excavation or fill or combination thereof, less than both of the following criteria:
i. 1000 square feet of surface area including the removal of groundcover. This does not include groundcover removed for agricultural or grading for road and trail maintenance purposes;
ii. 50 cubic yards of material.
This shall not apply to any excavation or fill:
i. Within public sewer, water main, storm drain or power line easements, and within public streets;
ii. Which will encroach upon or alter in any way a drainage channel, tidal area, water course, floodplain or area subject to inundation. This does not include the maintenance of existing ditches.
Groundcover removal for road and maintenance purposes in a riparian corridor or unstable area is not subject to this section.
(3) Conditions.
(a) Any amendment to the certified LCP which affects the land area to which this exclusion applies shall require the approval of the California Coastal Commission pursuant to Commission Regulations and the Coastal Act of 1976 (PRC Section 30514). (b) The city of Point Arena shall maintain a record of any other permits which may be required for categorically excluded development which shall be made available to the Commission or any interested person upon request pursuant to Section 00154 of the Commission LCP Regulations. (c) This exclusion shall apply to the permit requirements of the Coastal Act of 1976, pursuant to PRC Sections 30610(e) and 30610.5(b), and shall not be construed to exempt any person from the permit requirements of any other federal, state, or local government agency. (d) This exclusion shall not apply to tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, potential public trust lands as identified by the State Lands Division in the trust claim maps, or wetlands as identified in the power plant siting wetland resource maps. [Ord. 179 § 6.11, 2001.]
Section 18.30.150 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.30.150 18.35.160 Coastal development permits for signs and ADUs Sign permits —Streamlined administrative process.
(a) Coastal development permit applications for signs which may be found categorically exempt under CEQA guidelines shall be granted under the administrative process set forth in Section 18.30.230 18.35.435 except that local actions on coastal development permit applications for signs that are appealable to the Commission shall be subject to the hearing process set forth under Section 18.30.220 18.35.430. Coastal development permit applications for signs which are not found to be categorically exempt from CEQA shall also be subject to the hearing process set forth under Section 18.30.22018.35.430. [Ord. 179 § 6.11, 2001.] Attachment B
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(b) Coastal development permits for ADUs shall be granted under the administrative procedures set forth in Section 18.35.165.
A new Section 18.35.150 will be added to the Point Arena Municipal Code as follows:
18.35.165 - Streamlined administrative process for ADUs.
Upon submission and acceptance of the prescribed application form and fees, an application for a JADU or ADU and associated physical development shall be processed as follows:
(1) City Planner shall determine if JADU and/or ADU is consistent with the requirements of Section
18.25.060 and specifically exempted or excluded from requirement to obtain a coastal development permit in accordance with Section 18.35.120 or Section 18.35.125. If proposed development is exempted or excluded, a certificate of exemption or exclusion shall be issued by City Planner and applicant can proceed with filing of a building permit application. (2) For ADUs that require a coastal development permit, the City Manager or his/her designee shall act on a coastal development permit without the requirement of a public hearing. A notice of intent to approve a coastal development permit shall be issued in accordance with the standards established in Section 18.35.430.
(3) For applications to create an ADU or JADU where the proposed work is consistent with the objective standards established in Section 18.25.060, action shall be taken within sixty (60) days of filing of a complete application for a coastal development permit exemption, categorical exclusion or coastal development permit. The 60-day time period for acting on a complete application for an ADU or JADU submitted with a permit application for a proposed single-family dwelling shall not commence until after the application for the single-family dwelling has been acted on and all appeal periods have ended.
(4) For applications to create an ADU or JADU where the proposed work is not consistent with the objective standards established in Section 18.25.060, the timeframes prescribed in subsection (3) above shall not apply. The application shall be administratively approved, conditionally approved or denied by the City Manager or his/her designee based on findings and, if necessary, conditions. A public hearing shall not be required.
(5) Coastal development permits for ADUs approved by the City Manager or his/her designee are not appealable to the City Council.
(6) Any coastal development permit approved by the City Manager or his/her designee for an ADU located in an area within the appeal jurisdiction of the California Coastal Commission shall contain a statement that the permit will not be effective until the appeal period to the California Coastal Commission has expired and no appeal has been filed with the Coastal Commission.
Section 18.30.190 of Chapter 18.30 Procedures and Administration will be revised as shown:
18.30.190 18.35.315 Appeals for local actions on coastal development permit applications.
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(1) Planning Commission Actions Appealable. An action taken by the planning commission on a coastal development permit application may be appealed to the city council within 10 working days of such action.
(2) Administrative Actions on ADUs. An action taken by the city manager or his/her designee on a coastal development permit application for an ADU may not be appealed to the city council. If the ADU is located within the Coastal Commission's appeal jurisdiction, it may be appealed to the Coastal Commission if an appeal is filed with the Coastal Commission within the ten (10) working day appeal period.
(2) (3) Filing Requirements. Coastal development permit appeals to the planning commission or city council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the city clerk within the appeal period provided in Section 18.30.100. 18.35.315. There shall be no fee for filing an appeal. The city clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he or she could not attend the hearings or submit written comments. (3) (4) Notice of a Public Hearing. A public hearing shall be conducted on all appeals. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Sections 18.30.200 18.35.430, 18.35.235 and 18.30.170 through 18.30.220, and shall conform to the manner in which the original notice was given and the original hearings were conducted, if any. (4) (5) Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the appellate body. (5) (6) Failure of Appellate Body to Act. Failure of the appellate body to act within the time specified shall be deemed concurrence with the previous decision rendered. (6) (7) Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to ensure conformance with this title and the Point Arena general plan. The appellate body shall make a written determination of its decision together with its findings in support of the decision.
(7) (8) Finality of City Action. A local decision on an application for a coastal development permit shall not be deemed complete until: (a) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and (b) when all local rights of appeal have been exhausted as defined in Title 14 CCR 13573.
(8) (9) Final City Action—Notice.
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(a) Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven calendar days of the city completing its review and meeting the requirements of subsection (7)(8), the city shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission.
(b) Failure to Act—Notice.
(i) Notification by Applicant. If the city has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the local government and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
(ii) Notification by City. When the city determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to subsection (8)(9)(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and the application may be appealed to the Commission pursuant to Title 14 CCR Section 13110 et seq. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)
(9) (10) City Action—Effective Date. The city’s final decision on an application for an appealable coastal development permit shall become effective after the 10-working day appeal period to the Commission has expired unless either of the following occur:
(a) An appeal is filed in accordance with Title 14 CCR Section 13111; (b) The notice of final local government action does not meet the requirements of subsection (8)(9).
When either of the circumstances in subsections (9)(10)(a) and (b) occur, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended. [Ord. 179 § 6.16.5, 2001.]