City of Point Arena
451 School Street
PO Box 67
Point Arena, CA 95468
707-882-2122
Staff Report for
CDP 2023-03
Linda Bostwick
Ground-Mounted Solar
APPLICANT/OWNER: Linda Bostwick
PO Box 954
Point Arena, California 95468
REQUEST: The applicant requests a Coastal Development Permit to install a 396 SF solar array (7,600kw ground mounted panels) and trench approximately 96 feet from existing electrical panel to proposed solar array. See Exhibit 1: Project Plans.
LOCATION: The project is located at 150 W Lake Street (APN 027-081-03-00), Point Arena, within Mendocino County in the incorporated city limits of Point Arena. The project is situated on the west side of Main Street, north of Port Road. See Exhibit 2: Location Map.
APPEALABLE AREA: Appealable to the Coastal Commission (west of Main Street) TOTAL ACREAGE: ±1.04 acres
GENERAL PLAN: Suburban Residential One-Half Acre (SR ½) ZONING: Suburban Residential One-Half Acre (SR ½)
EXISTING LAND USE(S): Residential
ADJACENT LAND
USES(S):
North: Residential
South: Residential/Vacant
East: Residential
West: Open Space
ENVIRONMENTAL
DETERMINATION:
Categorically Exempt (Per CEQA Statute 15303 and 15304)
OTHER RELATED
APPLICATIONS:
N/A
PROJECT DESCRIPTION: The proposed project involves the following components and activities:
Trenching: Site development for solar array connection will require trenching from an exisiting electrical panel to the solar array. Trenching will be begin at the south west corner of the residential structure at the existing electrical panel and connect to the proposed solar array. Trenching will be approximatly 96 feet.
Solar Array: The project would install a 396 SF solar array (28 feet and 4 inches long by 14 feet wide) approximately 96 feet west of the single-family residential structure.
LOCAL COASTAL PROGRAM CONSISTENCY RECOMMENDATION: Staff recommends that the proposed project as conditioned is consistent with the applicable goals and policies of the Local Coastal Program as described in further detail in this report. 150 W Lake Street CDP 2-2023
ENVIRONMENTAL RECOMMENDATION: The project is categorically exempt from the provisions of CEQA, per CEQA Statues 15303 for “New Construction of Small Structures—Appurtenant Structures (solar array)” and 15304 for “Minor Alterations of Land—Grading on land with a slope of less than 10 percent (trenching).”
SUMMARY OF REFERRAL AGENCY COMMENTS:
City Engineer Provided feedback on site plan
Sewer District No response
Point Arena Water Works No response
Coastal Commission No response
Redwood Coast FPD No response
MC Environmental Health Requested updated site map with leach field MC Building Department No comment
Air Quality Management Dist. No response
California Dept. of Fish and Wildlife No response
US Dept. of Fish and Wildlife Cleared for federally-protected species Regional Water Quality Control Board No response
Manchester Band of Pomo No response
BACKGROUND
To construct the proposed project, the applicant requires the City Council approve a Coastal Development Permit. The Coastal Act and the City’s Local Coastal Program require all projects that meet the definition of “development” to obtain a Coastal Development Permit prior to implementation.
The Coastal Act’s definition of “development” is broad and includes the “placement or erection of any material or structure,” which applies to the solar array.
A Coastal Development Permit may be approved by City Council if they determine that the project is consistent with the findings enumerated in Point Arena Municipal Code (PAMC) Section 18.30.080(1) of the Municipal Code (also listed at the conclusion of this staff report).
LAND USE AND ZONING
Zoning / General Plan
The parcel is zoned on the City’s Coastal Plan Land Use and Zoning Map as Suburban Residential One-Half Acre (SR 1/2), which is described in the Municipal Code as suitable for single-family residential uses, including outbuildings and sheds not exceeding 1,000 square feet. The SR 1/2 district permits single-family residences as by-right uses.
The project is consistent with the SR 1/2 district, since the proposed project would develop a residential accessory use, similar to a shed or outbuilding, of less than 1,000 square feet.
Height Limits
The maximum building height limit of an accessory structure in the SR ½ district is 15 feet per PAMC Section 18.25.090. The proposed development would consist of a solar array with a proposed maximum height of less than five feet, which complies with the maximum building height limit for the SR 1/2 zoning district.
150 W Lake Street CDP 2-2023
Setbacks
The new structure is required to comply with the SR 1/2 zoning district setback requirements per PAMC Section 18.20.020:
Setbacks Required
Minimum Proposed
Front 20 feet >100 feet
Rear 15 feet >20 feet
Side, west 10 feet 10 feet
Side, north 10 feet >40 feet
Side, south 10 feet >20 feet
Per the table above, the proposed project meets the required minimum setbacks required by the Zoning Code.
Yards, Fences, Walls, and Hedges (18.25.110)
The project does not propose fences, walls, or hedges that require consistency with this code section.
Landscaping and Screening (18.25.140)
PAMC Section 18.25.140 provides regulations that are intended to protect individual properties from the negative effects of traffic and to improve the appearance and environmental quality of Point Arena.
In order to achieve these objectives, new developments in the MR, C, HWC, HC, and I zones shall be required to submit for approval as part of any coastal development or other permit application landscaping and screening plans.
The proposed project is in the SR 1/2 district, so these landscaping and screening requirements are not applicable to this project.
Off-Street Parking (18.25.280)
PAMC Section 18.25.280 regulates off-street parking to ensure that accessible and well-maintained parking facilities are provided, to reduce traffic congestion and thereby allow the more efficient utilization of the street right-of-way.
The proposed addition of a solar array would not create an increase in parking demand for the parcel.
HAZARDS
Flooding
The property is located outside the 100 Year Flood Zone according to the FEMA flood map (Flood Insurance Rate Map 06045C-1740-G). Flood hazards are not anticipated to be an issue for this project, particularly since the project proposes to revert stormwater to existing drainage patterns.
Geology/Hazards
The project site is outside of areas shown on the Natural Hazards Map as hazardous bluffs, and west of the Hathaway Creek Fault line. Geologic hazards are not anticipated to be an issue for this project.
Fire
The project was shared with the Redwood Coast Fire Department on January 23, 2023. The fire department did not respond to the City with any concerns regarding the project. The project will be subject to a building permit, where electrical codes will ensure the project will not pose a fire risk. 150 W Lake Street CDP 2-2023
VISUAL RESOURCES
PAMC Section 18.25.150 addresses site development and architectural review, which are discussed individually below.
Site Development
City code requires new development be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum extent feasible. The project is located on the west side of Main Street/SR1 and is surrounded by trees. The project is not within a mapped viewshed area per the General Plan’s Scenic Corridors map, nor would it be visible from any public place.
There are no public views proximate to the proposed project.
Architectural Review
The Zoning Code also has standards for the proposed structures subject to this application.
18.25.150(4)(c) requires that materials and colors be compatible with the project’s natural and manmade surroundings. The plans propose to construct a solar array west of existing residential structure that is glass and metal in material; however, the array will be low to the ground (less than five feet tall), and not visible from any public views. The materials of the array, while not necessarily consistent with the surroundings, will not have negative public aesthetic impacts.
The natural surroundings include developed areas zoned for residential use with some tree cover.
South and west of the project, the existing surroundings are characterized by open space.
The architectural review portion of the code also requires that development be planned to avoid removing trees and requires that at least two trees be replanted for every one removed. The project is located in a vacant area lacking tree cover, and no trees will be removed as a result of the project.
Staff recommends that the project is consistent with the visual resource policies of City code, including those related to site development and architectural review.
NATURAL RESOURCES (ESHA, PAMB, etc.)
Botanical Resources and Habitat ESHA
The City’s zoning code requires that projects on properties shown on the City’s Biological Resource map submit a biological/botanical survey of Environmentally Sensitive Habitat Areas (ESHA) with their application. Additionally, the code states that areas not shown on the Biological Resources map may also require a biological/botanical survey if ESHA is likely to be present.
In late January 2023, USFWS Biologist Gregory Schmidt analyzed the project site for the potential for the project to impact federally protected Point Arena Mountain Beaver (PAMB) and other federally protected species. Via email, Mr. Schmidt described the survey as follows, concluding that the project does not have the potential to impact PAMB or other resources:
I viewed the photos of the proposed solar array site and conduit trench and the surrounding habitat and have concluded that the habitat where the trench will be dug, and the solar array will be placed is not suitable for the Point Arena mountain beaver (PAMB). Using the photos and my knowledge of your location, I also concluded that the area around the solar array site and the trench out to about 50 feet is also unsuitable for the PAMB. Therefore, your project as 150 W Lake Street CDP 2-2023
proposed is unlikely to result in the “take” of the PAMB as defined by the federal endangered species act, and may proceed at any time without seasonal restrictions. I also concluded that the project is unlikely to result in the “take” of the federally endangered Behren’s silverspot butterfly (BSSB). The BSSB requires patches of the larval food plant, Viola adunca, which occurs in relatively moist areas unlike the dry, and rocky habitat in the proposed trench and array areas. In general, it is best to conduct Viola adunca surveys starting in late March-early April (varies each year) to determine occupancy prior to “clearing” a project for the BSSB.
However, your continuously-mowed property that contains dry, rocky soils suggests the areas aren’t suitable for the more mesic Viola adunca.
ESHA is defined in the California Coastal Act as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments”. Within the project area, this includes wetlands and sensitive vegetation communities.
Sensitive vegetation communities, with a rank of S3 or lower, require California Environmental Quality Act (CEQA) analysis if potential impacts may occur because of the proposed project and are considered ESHA by the CCC. No sensitive vegetation communities are likely to occur within the project area due to its ongoing residential use and landscaping. The project was referred to the Coastal Commission and the California Department of Fish and Wildlife for comment on the potential for these resources, and did not receive any concerns from these agencies.
The National Wetland Inventory was consulted and showed no mapped wetlands within the study area.
With the lack of rare or protected biological resources, and concurrence from USFWS that the project will not cause negative impacts to protected species, the project is consistent with the City’s policies protecting Coastal Zone ESHA.
ARCHAEOLOGICAL RESOURCES
The Manchester Band of Pomo were invited to consult on this project via letter dated January 23, 2023. The Manchester Band of Pomo did not respond to the request for comments. City staff also reviewed archaeological studies of nearby projects to determine the likelihood of protected resources, and no resources were identified.
While the project involves a limited amount of ground disturbing activities, it has the potential to unearth resources through its construction. As a result, staff recommends Special Condition 1 in the event that cultural or archaeological resources are found during project implementation.
Special Condition 1: If any person excavating or otherwise disturbing the earth discovers any archaeological site during project construction, the following actions shall be taken: a) cease and desist from all further excavation and disturbances within 25 feet of the discovery; b) notify City of Point Arena Planning Staff within 24 hours of the discovery; and c) retain a professional archaeologist to determine appropriate actions in consultation with stakeholders.
With the recommended special condition, the project is consistent with City policies protecting cultural and archaeological resources.
PROJECT FINDINGS AND CONDITIONS
150 W Lake Street CDP 2-2023
Recommended Action
Pursuant to the provisions of PAMC Sections 18.30.080 and 18.30.090, the City Council approves CDP 2023-03, and adopts the following findings and conditions of approval.
Coastal Development Permit Findings
1. The proposed development as described in the application and accompanying materials, as modified by any conditions of approval is in conformity with the city of Point Arena’s certified local coastal program and will not adversely affect coastal resources. The project would develop an alternative energy source, consistent with Goal 7 of the General Plan to “Promote Energy Conservation”;
2. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).
Although the project is located between the first public road and the sea the project would not be visible from any public location or impact any public views to the sea.
Additionally, the City’s Community Action Plan does not depict a pedestrian access through the project parcel;
3. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment. Conditions of approval are required where necessary to lessen adverse effects on the environment;
4. The proposed use is consistent with the purposes of the zone in which the site is located.
The City’s Zoning Map designates the location of the project as within the Suburban Residential One-Half Acre zoning district, where single-family residential development uses are allowable;
5. The proposed development is in conformance with the city of Point Arena’s general plan.
The City’s Land Use Map classifies the project as single-family residential development, where accessory structures are allowable;
6. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
7. Services, including, but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development.
Standard Conditions
1. This action shall become final on the date of approval. No appeal periods apply. The permit shall expire and become null and void at the expiration of two years after the effective date, except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.
To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date. The City will not provide a notice prior to the expiration date.
150 W Lake Street CDP 2-2023
2. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 18 of the Point Arena Municipal Code.
3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the City of Point Arena Planning Commission or its successor agency.
4. This permit shall be subject to the securing of all necessary permits for the proposed development from City, State and Federal agencies having jurisdiction.
5. The applicant shall secure all required building permits for the proposed project as required by the Building Inspection Division of the Mendocino County Department of Planning and Building Services.
6. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:
a. The permit was obtained or extended by fraud.
b. One or more of the conditions upon which the permit was granted have been violated. c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance.
d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective or has enjoined or otherwise prohibited the enforcement or operation of one or more such conditions.
7. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.
8. A two-year limitation applies to all coastal development, variance, conditional use, design review, planned residential development, or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void, except where construction and or use of the property in reliance on such permit has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous. On or before the date of expiration of a coastal development permit, variance, conditional use permit, design review, planned residential development, or comprehensive development plan, the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. A renewal could be processed under Administrative review by the City, on a cost-recovery basis, for a renewal period of two years.
Special Conditions
1. If any person excavating or otherwise disturbing the earth discovers any archaeological site during project construction, the following actions shall be taken: a) cease and desist from all further excavation and disturbances within 25 feet of the discovery; b) notify City of Point Arena 150 W Lake Street CDP 2-2023
Planning Staff within 24 hours of the discovery; and c) retain a professional archaeologist to determine appropriate actions in consultation with stakeholders.
Staff Report prepared by:
_______________________________ February 21, 2023
Scott Perkins Date
City Planner
EXHIBITS
1. Project Plans
2. Location Map
3. FEMA Map (Floodplain)
4. ESHA Map (Wetlands)
LOCATION MAP
150 West Lake Street
National Flood Hazard Layer FIRMette
0 250 500 1,000 1,500 2,000
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/15/2023 at 12:11 PM and does not
reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8 B
20.2 The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
123°42'30"W 38°55'6"N
123°41'52"W 38°54'38"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 150 W Lake Street
U.S. Fish and Wildlife Service, National Standards and Support Team, [email protected]
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
February 15, 2023
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:6,019
This page was produced by the NWI mapper
National Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.