CITY OF POINT ARENA
451 School Street
P.O. Box 67
Point Arena CA 95468
(707) 882-2122
https://pointarena.ca.gov/
Mayor Barbara Burkey
Vice-Mayor Anna Dobbins
Councilmember Jim Koogle
Councilmember Jeff Hansen
Councilmember Dan Doyle
Paul Andersen, City Manager
Ginevra Chandler, City Attorney
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Point Arena City Council will conduct a public hearing via teleconference on May 23, 2023, at 6:00 p.m., or as soon thereafter as possible, on the project described below.
Public Hearing will be held Approving/Denying the Following Project:
CASE: CDP 1-2022
OWNER/APPLICANT: Adrienne Sutton and John Meyer
AGENT: Tara Jackson, Wynn Coastal Planning
ZONING: Agriculture Exclusive (AE)
REQUEST: The applicant requests a Coastal Development Permit to develop three (3) test wells and proposes two (2) public trail dedications on an existing 2.06-acre parcel (APN: 027-041-35). Development of test wells (3) will determine the accessibility of water necessary to determine feasibility of future development.
APN: 027-041-35
LOCATION: 840 Bluff Top Road, Point Arena, CA
PUBLIC HEARING DATE: May 23, 2023
The Point Arena City Council is soliciting your input. All interested parties are invited to attend and be heard at this time. Applicants or their agents must appear for their hearings. If you challenge the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. All documents are available for review in the City Clerk’s Office. The City Council’s action regarding the item shall constitute final action by the City unless appealed to the Coastal Commission. Appeals to the Coastal Commission must be made in writing within 10 working days following Coastal Commission receipt of a Notice of Final Action on this project. Should you desire to request notification of the City Council’s decision you may do so in writing by providing a self-addressed stamped envelope to the City Clerk.
For further information contact the City of Point Arena:
Mailing Address: PO Box 67, Point Arena, California 95468 City Hall Location: 451 School Street, Point Arena, California 95468 707 882-2122
https://pointarena.ca.gov/
Telephone:
Website:
Jeana Gevas Publication
Date: 5/12/2023
City of Point Arena
451 School Street
PO Box 67
Point Arena, CA 95468
707-882-2122
Staff Report for
CDP 01-2022
Meyer Test Well Project
840 Bluff Top Road, Point Arena
APPLICANT/OWNER: Adrienne Sutton and John Meyer
6847 20th Ave NE
Seattle, WA 98115
AGENT: Amy Wynn, Wynn Coastal Planning & Biology
703 North Main Street
Fort Bragg, CA 95437
REQUEST: The applicant requests Coastal Development Permit to develop three (3) test wells and proposes two (2) public trail dedications on an existing
2.06-acre parcel (APN: 027-041-35). Development of test wells will determine the accessibility of water necessary for the feasibility of future development.
LOCATION: The project is located at 840 Bluff Top Road, Point Arena (APN 027- 041-35).
APPEALABLE AREA: Appealable to the Coastal Commission (west of Highway 1) TOTAL ACREAGE: ±2.06 acres (including easement areas)
GENERAL PLAN: Agriculture Exclusive (AE)
ZONING: Agriculture Exclusive (AE)
EXISTING LAND USE(S): Vacant
ADJACENT LAND
USES(S):
North: Low Density Residential
South: Low Density Residential
East: Low Density Residential
West: Pacific Ocean
ENVIRONMENTAL
DETERMINATION:
Categorically Exempt under Class 3, 17, and 25
OTHER RELATED
APPLICATIONS:
N/A
PROJECT DESCRIPTION: The project indcludes the development of three (3) test wells and two (2) public trail dedications.
The proposed test wells would be developed in three locations on the parcel. One is proposed on the southern side of the parcel approximatley 210 feet from the southeast corner of the parcel. Poposed test well two is located in the southeast corner of the parcel and proposed test well three is located in the northeast corner of the parcel. The proposed test wells will determine if adequate water supply is present for future residential development and modest agricultral uses.
The pedestrian trail dedications are proposed on the far east and west sides of the propoerty. Each trail dedication is 25 feet wide. The westerly dedication is approximatley 180 feet from the west property line and Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
transects the property in a north-south manner. The easterly dedication begins at the easrtern property line and transects the property to the nortwest aproximatley 60 feet from the eastern property line.
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.
ENVIRONMENTAL RECOMMENDATION: The proposed project is categorically exempt from provisions of the California Environmental Quality Act (CEQA) under Class 3, Class 25, and Class 17 categorical exemptions.
15303 New Construction or Conversion of Small Structures Class 3 under categorical exemptions in California Environmental Quality Act consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
a) One Single family residence, or a second dwelling unit in a residential zone. d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction
e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
The proposed project includes three test wells to determine adequate water supply for future development that may include a single-family home and modest agricultural use. Class 3 of CEQA’s categorical exemptions expressly includes single family homes in residential areas, water main extensions, and appurtenant structures to the main use. The project site is zoned Agricultural Exclusive (AE) intended for agricultural uses and housing for caregivers of the land. Given that the intended use of the land is for agricultural and dependent residential purposes and there is not currently water service to support such use, development of three test wells to determine adequate water supply is appurtenant to the use. The sum of Section 15303 examples A, D, and E are consistent with the proposed project and therefore the project is categorically exempt from CEQA.
15325 Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources
Class 25 consists of the transfers of ownership of interest in land in order to preserve open space, habitat or historical resources. Examples include but are not limited to:
f) Acquisition, sale, or other transfer to preserve open space or lands for park purposes. 15317 Open Space Contracts or Easements
Class 17 consist of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancelation of such preserves, contracts, interests, or easements is not included and will normally be an action subject to the CEQA process.
The proposed project includes two public trail dedications consistent with Point Arena’s Community Action Plan. Class 25 and Class 17 allow projects that provide easements to provide open space and subsequent access to be categorically exempt from the provisions of CEQA.
SUMMARY OF REFERRAL AGENCY COMMENTS:
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
City Engineer No response
Sewer District No response
Point Arena Water Works No comment
Coastal Commission No response
Redwood Coast FPD No response
MC Environmental Health Well permit pending approval of CDP 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 No response
Regional Water Quality Control Board No response
Manchester Band of Pomo No response
Northwest Information Center No further study of the project site recommended Caltrans No Comment
BACKGROUND
The proposed project is principally permitted in the Agricultural Exclusive zone. However, the project is located in the Coastal Zone and requires a Costal Development Permit prior to any development. The Costal Development Permit (CDP) must be approved by the City Council. The following describes why a CDP is required and the Council’s discretion to approve.
Coastal Development Permit
The Coastal Act and the City’s Local Coastal Program requires all projects that meet the definition of “development” 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” and the “change in the density or intensity of use of land.” The proposed project would develop three test wells and two trail dedications on the vacant parcel and would increase the intensity of use beyond the existing vacant condition of the parcel.
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
General Plan
The proposed project is located on a parcel zoned Agriculture Exclusive (AE). The general plan envisions the Agriculture Exclusive as a zone reserved for agricultural uses and associated structures. The General Plan permits single-family dwellings incidental to the agricultural use and septic systems for wastewater and wells for water supply. The AE zone discourages conversion of lands to nonagricultural use.
The project proposes three test wells to determine adequate water supply for future development. Thus, the project is consistent with the General Plan’s intended use of the Agricultural Exclusive Zone.
Zoning
The parcel is zoned on the City’s Coastal Plan Land Use and Zoning Map as Agriculture Exclusive (AE), which is described in the Municipal Code as properties designated to protect agriculture uses. The PAMC regulates the development in the Agriculture Exclusive zone and reads:
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
18.20.050 Agriculture Exclusive Zone
1. Principally permitted uses.
(d) A single-family dwelling incidental to the agricultural use of the land, for the residence of the farmer or for the employees engaged in agriculture use of land;
(g) Private wells and septic systems to support agricultural uses, when consistent with the applicable health department regulations.
3. Other Regulations
(e) Appropriate adequate water supply and septic capacity as well as adequate traffic capacity to support residential use without diminishing water supplies for agriculture uses shall be substantiated prior to approval of the CDP.
The proposed project is located within the Agriculture Exclusive zone and is consistent with section “G” under municipal code section 18.20.050 and therefore is principally permitted.
The purpose of the proposed project is to determine if adequate water supply exists on the parcel to support residential use without diminishing water supplies for agricultural use, consistent with section “E” under municipal code section 18.20.050.
Staff believes the project is consistent with Land Use and Zoning Code regulations.
CIRCULATION AND PUBLIC ACCESS
The proposed project includes two pedestrian trail dedications. Each dedication is approximately 25 feet wide. One trail will run laterally along the ocean and the other will function as a continuation of the existing bluff top road.
The City adopted a Community Action Plan (CAP) in 2010 that recommends transportation and circulation improvements including future access trails throughout the City. The CAP includes a Trails Map that shows potential future trail locations. The Plan includes three pedestrian trails that traverse the proposed project site titled “Bluff Trail.” All three trails are interconnected. The western most trail across the property on the CAP map connects to existing pedestrian trail dedications provided by neighboring residential and agriculture use development. Per the CAP map, the midway trail connects the western trail to the eastern trail. The eastern and western trails on the CAP map join just north of the proposed project site before leading down the bluff top to Arene Cove Park.
PAMC Section 18.25.100(4) and 4(a) state that permits for “new development” shall include a condition of approval that a “25-foot-wide easement” be included in the project approval to provide trailways “designated in the Point Arena General Plan, or any area or adopted specific plan…on the subject property.” The proposed project, development of three test wells, would trigger this requirement.
Exemptions to this requirement may be made by the City Council in the several instances (PAMC
18.25.100(5)). The only potentially applicable exemption for this trailway easement through the project site is if the City Council finds that “adequate access exists nearby” (PAMC Section 18.25.100(5)(b)(ii)).
The applicant is proposing two pedestrian trail dedications and requesting Council make an exemption for the third midway trail, which is shown on the CAP Map. To support the assertion that adequate access exists nearby, and the midway trail is not necessary, the applicant offers the following for Council consideration:
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
The property is modest in size, three trail easements would restrict the development potential and privacy of the parcel;
The midway trail does not obstruct access to other trails or areas of visual interest; and The applicant does propose two pedestrian trails through the property.
The applicant’s full justification that adequate access exists nearby is included as an attachment. In summary, the applicant proposes that the exclusion of midway trail would not significantly impact pedestrian bluff access.
To waive the requirement for a third easement through the subject parcel for trail access, Council would need to find that adequate access exists nearby, and make the supplemental findings listed at the conclusion of this report.
Staff recommends waiving the easement requirement based on the justification provided by the applicant that adequate access exists nearby. Should the City Council determine that there is not adequate access nearby and the easement should be required, a condition of approval would be necessary requiring the recordation of an easement consistent with the Community Action Plan. It is likely the applicant would have difficulty developing the property if the easement is required by Council.
HAZARDS
Flooding
The property is located outside the 100 Year Flood Zone according to the FEMA flood map. Flood hazards are not anticipated to be an issue for this project.
Geology
The property does show steep slopes over 20% and hazardous bluffs depicted in the General Plan’s Natural Hazards Map. However, the location of these hazardous elements are on the far west side of the parcel whereas the project and its associated physical development is located on the eastern side of the parcel.
Geologic hazards are not anticipated to be an issue for this project.
Fire
The project was referred to the Redwood Coast Fire Department on August 11, 2022. The fire department did not respond to the City with any concerns regarding the project.
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 bluff top south of Port Road and Point Arena Creek. The project site is sheltered from view by Monterey Cypress groves on the southern and eastern sides. The project site is adjacent from the Pacific Ocean to the west and a residential look-out tower to the north. The project site is not visible from Arena Cove, the nearest public ocean access.
A small portion of the project site is located within the General Plan’s Scenic Corridor Map. The scenic corridor is only identified on the eastern side of the project site and is oriented away from the project site to the northwest. As mentioned, the project proposes two trail dedications, Meyer’s eastern most trail transects Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
the subject parcel at approximately the same location where the scenic corridor is identified. Therefore, the scenic corridor will not endure any adverse impact as the trail dedication will ensure public access to bluff top views and maintain the scenic corridor.
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 building’s natural and man-made surroundings.
The project does not include any built structures and therefore is in compliance with Point Arena Municipal Code 18.25.150(4)(c).
The natural surroundings include open grassy areas zoned for Agricultural uses and incidental single-family dwellings. As mentioned, the parcel is sheltered from view on the southern and eastern sides by Monterey Cypress groves. The Pacific Ocean boarders the parcel to the west and the bluff top descends to Point Arena cove to the north of the parcel sheltering the project site from view.
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 on a vacant lot lacking tree cover, and no trees will be removed as a result of the project.
As conditioned, 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.)
Asa Spade and Nicole Bejar of Wynn Coastal Planning and Biology drafted a Biological Scoping and Botanical Survey of the property, dated July 19, 2022. The report inventoried the site for special status species and includes a complete list of plant species along with habitat and plant community characteristics.
The report identified two environmentally sensitive habitat areas (ESHAs). The first is a Northern coastal bluff scrub community at the western end of the parcel near the bluff edge, The second was the identification of a Behren’s silverspot butterfly. Protocol level Behren’s silverspot butterfly surveys were not conducted as the larval host plant western dog violet was not present at the project site. The grasslands on site are not conducive to a high-quality habitat for Behren’s silverspot butterfly.
The Point Arena Mountain Beaver (PAMB) is a federally endangered species under the Endangered species act and is a California Department of Fish and Wildlife Species of Special Concern. On December 29, 2020, USFWS approved PAMB surveyors conducted habitat assessments for the beaver. The assessment determined that the rocky soils were not suitable for PAMB and there were no PAMB burrows observed during the assessment. No further surveys were recommended.
A supplemental report reviewed the potential for the trail crossings to impact ESHA. The proposed western easement would be located within a 50-foot buffer of the observed Behren’s silverspot butterfly, and just beyond the 100-foot buffer of the coastal bluff scrub. The project biologist concluded that the trail passing is unlikely to impact the protected butterfly, since they travel large distances and there is not good habitat for the butterfly on the property.
Since the Northern coastal bluff scrub is more than 100 feet from the proposed easement, the biologist concluded that periodic recreational use through the easement is not likely affect the ESHA. Among the report’s recommendations is that trail should not be located further west, since it would encourage hikers to explore the bluff edge where the ESHA is located.
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
The biological scoping survey and its recommendations were referred to CDFW for review and comment, and no response was received.
Although to ESHA species were identified, adherence to the recommended special conditions ensures that the project is consistent with City policies protecting natural resources and ESHA.
ARCHAEOLOGICAL RESOURCES
A records search was conducted at the Northwest Information Center (NWIC) on September 1, 2022 (File No. 22-0260) to identify historical and archaeological resources within the project area. The search identified a cultural resource study conducted in 2021 and did not identify any cultural resources within the project area. The 2021 study concluded that there was low possibility for containing unrecorded archaeological site(s) and did not recommend requiring further archaeological resource studies.
The survey referenced in the NWIC records search is an Archaeological Survey Report of 840 Bluff Top Road in Point Arena in Mendocino County, California by ALTA Archeological Consulting, dated February 2021. As noted in the NWIC search, the survey did not identify an archaeological resource on the project site. Within the ALTA report an additional NWIC records search was conducted for the project site and ¼ mile radius around the project site. This records search identified no cultural resources in the project area but did identify two resources within a ¼ mile radius of the project site (-23003706 and P-23-005792.). The report determined that the project as currently designed is not anticipated to have an adverse effect to historical resources.
The investigation also recommended protocols to follow if archaeological materials or features are exposed during construction activities. Mitigation measures are recommended and are included in the special conditions of this CDP to ensure the project is consistent with this recommendation and to limit impacts to a less than significant level.
Additionally, the Manchester Band of Pomo were invited to consult on this project via letter dated August 9, 2022. The Manchester Band of Pomo did not respond to the request for comments.
UTILITIES
The project site is not serviced by Point Arena Water Works (PAWW) and proposes the development of three test wells to determine water accessibility for future development. If the test wells are determined to have satisfactory water quantity for future residential and agricultural development, the applicant is expected to apply for an additional residential development and related permits. The purpose of this project is to determine if future development will be adequately serviced by water utilities. The project as currently proposed does not necessitate wastewater connections nor additional dry utility connections.
With the recommended approval condition, the project as designed and proposed would be adequately served by utilities.
PROJECT FINDINGS AND CONDITIONS
Recommended Action
Pursuant to the provisions of PAMC Sections 18.30.080, the City Council approves CDP 2022-1, finds the project categorically exempt under class 3, 25, and 17 of CEQA, and adopts the following findings and conditions of approval.
Coastal Development Permit Findings
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
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 three test wells and dedicates two public access trails, minimizing the potential for adverse impacts on coastal resources; and
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). The project is located between the first public road and the sea. The City’s Community Action Plan depicts a pedestrian access through the project parcels; however, pursuant to PAMC Section
18.25.100(5)(b)(ii), the City Council waives the requirement to provide the planned access, and makes the following supplemental findings to support the waiver:
a. The Community Action Plan depicts three pedestrian access through the project parcel. Upon review of applicant-supplied justification and offer to dedicate two of the three trails traversing the property, adequate access exists nearby to serve pedestrian circulation (PAMC Section 18.25.100(5)(b)(ii)); and By waiver of the pedestrian access requirement, the project would not preclude or impact any existing or future public access or public recreation opportunities; and
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; and
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 Agricultural Exclusive zoning district, where wells are permitted and must be tested for adequate water capacity before a residential dwelling may be developed.
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 Agricultural Exclusive, where wells are permitted; and
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. The project would develop three test wells to determine if adequate water supply exists in the property and the project offers to dedicate two public access trails, consistent with and not detrimental to the properties 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. The permit shall become effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. 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 Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
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.
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.
9. Prior to issuance of the Coastal Development Permit, all fees are due to the City for planning and engineering review per the executed “City of Point Arena Cost Recovery Agreement.” Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
Special Conditions
1. Adhere to WCPB prescribed mitigation measures to reduce impacts to EHSA and special status species:
A. Avoidance Measure: Seasonal avoidance. No nesting bird surveys are recommended if activity occurs in the non-breeding season (September to January). If development is to occur during the breeding season (February to August), a pre-construction survey is recommended within 14 days of the onset of construction to ensure that no nesting birds will be disturbed during development (Table 1).
B. Avoidance Measure: Nest Avoidance. If active special status bird nests are observed, no vegetation removal or construction activities with the potential for disrupting nesting shall occur within a 100-foot exclusion zone. These exclusion zones may vary depending on species, habitat, and level of disturbance. The exclusion zone shall remain in place around the active nest until all young are no longer dependent upon the nest. A biologist should monitor the nest site weekly during the breeding season to ensure the buffer is sufficient to protect the nest site from potential disturbance.
C. Avoidance Measure: Construction activities only during daylight hours. Construction should occur during daylight hours to limit disturbing construction noise and minimize artificial lights.
D. Avoidance Measure: Pre-construction surveys for bats. Construction will ideally occur between September 1st and October 31 after the young have matured and prior to the bat hibernation period. If it is necessary to disturb potential bat roost sites between November 1 and August 31, pre-construction surveys should be performed by a qualified biologist 14 days prior to the onset if development activities. Pre-construction bat surveys involve surveying trees, rock outcrops, and buildings subject to construction for evidence of bat use (guano accumulation, or acoustic or visual detections). If evidence of bat use is found, then biologists shall conduct acoustic surveys under appropriate conditions using an acoustic detector, to determine whether a site is occupied.
E. Avoidance Measure: Roost buffer. If active bat roosts are observed, no vegetation removal or construction activities with the potential for disrupting roosting shall occur within a minimum 50-foot exclusion zone. These exclusion zones may vary depending on species, habitat and level of disturbance. The exclusion zone shall remain in place around the active roost until all young are no longer dependent upon the roost.
F. Avoidance measure: Construction activities only during daylight hours. Construction should occur during daylight hours to limit disturbing construction noise and minimize artificial lights.
G. Avoidance Measure: Contractor education. Within two weeks prior to construction activities, project contractors will be trained by a qualified biologist in the identification of the frogs and salamanders that occur along the Mendocino County coast. Workers will be trained to differentiate between special status and common species and instructed on actions and communications required to be conducted in the event that special status amphibians are observed during construction.
H. Avoidance Measure: Pre-construction search. During ground disturbing activities, construction crews will begin each day with a visual search around the staging and impact area to detect the presence of amphibians.
Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
I. Avoidance Measure: Careful debris removal. During construction and debris removal, any wood stockpiles should be moved carefully by hand in order to avoid accidental crushing or other damage to amphibians.
J. Avoidance Measure: No construction during rain event. If a rain event occurs during the ground disturbance period, all ground disturbing activities will cease for a period of 48 hours, starting after the rain stops. Prior to resuming construction activities, trained construction crew member(s) will examine the site for the presence of special status amphibians. If no special status amphibians are found during inspections, ground-disturbing activities may resume. If a special status amphibian is detected, construction crews will stop all ground disturbing work and will contact the California Department of Fish and Wildlife (CDFW) or a qualified biologist.
Clearance from CDFW will then be needed prior to reinitiating work. CDFW will need to be consulted and will need to be in agreement with protective measures needed for any potential special status amphibians.
K. Avoidance Measure: Staging area plan. Stage all building materials and construction vehicles in upland areas greater than 100 feet from all ESHAs.
L. Avoidance Measure: Employ Best Management Practices (BMPs). Standard Best Management Practices shall be employed to assure minimization of erosion resulting from construction. Ground disturbance shall be limited to the minimum necessary and disturbed soil areas shall be stabilized as soon as feasible. Areas of bare soil should be seeded with native erosion control seed mix and/or covered with biodegradable erosion control materials (e.g. coconut fiber, jute, weed free straw).
M.Avoidance Measure: Clean heavy machinery. Heavy machinery such as and not limited to excavators and skid steers that may be used onsite have the potential to spread invasive plant material from use on other sites. Heavy machinery that is used in dirt needs to be power washed offsite to eliminate seeds and other propagules.
N. Avoidance Measure: Consult with USFWS Western dog violet (Viola adunca) was not observed on the project site during floristic botanical surveys, nor during targeted searches the following season. There is slim possibility that western dog violet is present in the study area but was not evident during the surveys conducted over the course of two years. Calflora indicates a bloom window for Viola adunca as April – August. The habitat present was not typical of Behren’s silverspot butterfly breeding habitat. Survey results and plant community descriptions will be shared with USFWS in the form of a letter of request for technical assistance. The proposed well sites are more than 650ft from the location a single Behren’s silverspot butterfly was observed. It is WCPB’s professional opinion that the proposed wells have a less than significant potential to impact Behren’s silverspot butterflies. In later phases of the project when more extensive areas of vegetation removal are proposed, additional consultation with USFWS should occur.
O. Avoidance Measure: 100ft buffer. No construction or materials staging shall occur within 100ft of the northern coastal bluff scrub. Development is proposed along the eastern portion of the property and the northern coastal bluff scrub is along the slope of the bluff, so no impacts are anticipated.
2. Adhere to the ALTA Archeological Survey mitigation measures:
A. Unanticipated Discovery of Cultural Resources
If previously unidentified cultural resources are encountered during project implementation, avoid altering the materials and their stratigraphic context. A qualified professional archaeologist should be contacted to evaluate the situation. Project personnel should not Meyer Test Well
840 Bluff Top Road, Point Arena CDP 01-2022
collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies.
B. Encountering Native American Remains
Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains is provided.
3. Prior to issuance of a Coastal Development Permit, the property owner shall execute and record a document in a form and content acceptable to the City of Point Arena, consistent with the provisions of PAMC Section 18.25.100, irrevocably offering to dedicate to a public agency or private association approved by the City, public bluff top access easements as shown on the Proposed Easement Map for passive recreational use.
The recorded document shall include legal descriptions and a map drawn to scale of both the applicant’s entire parcel and the easement area. The offer or grant shall be recorded free of prior liens and any other encumbrances which the City determines may affect the interest being conveyed. The grant of easement or offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and the offer shall be irrevocable for a period of 21 years, such period running from the date of recording.
Staff Report prepared by:
_______________________________ May 23, 2023
Scott Perkins Date
City Planner
EXHIBITS
• Site Plan
• CAP Trails Map
• ESHA Map
• Trail Waiver Justification
Lands of Meyer & Sutton a Portion of the S.E. 1/4 of Section 11, Township 12 North, Range 17 West, Mount Diablo Meridian Mendocino County, CA General Notes General Plan Designation: AE Zoning District: AE Proposed Land Use: Well Appealable to Coastal Commission: Yes Entitlement Permit Type: CDP Yard Setbacks: 30' front, 20' rear & 10' sides Corridor Preservation Setback: n/a Height Limit: 35' Environmental Constraints: Yes Potential Geologic Hazards: No (Developing 125' from the Bluff Edge) Landscaping: No Water Source: Proposed Well Tree Removal: None CDP Lot Coverage Tabulation Gross Site Area: Gross Site Area: 2.06 ac (89,733 sf) Maximum allowable lot coverage: 15% (13,460 sf) LEGEND: NORTHERN COASTAL BLUFF SCRUB BEHREN'S SILVERSPOT BUTTERFLY 50' BUFFER 100' BUFFER YARD SETBACK APPROXIMATE TOP OF BLUFF POTENTIAL WELL LOCATIONS 50' B 100' B x' Y Lot Coverage: (P) Footprint Residence: 0 sf (P) Footprint Attached Garage: 0 sf (P) Footprint - Covered Decks: 0 sf Proposed Total Building Footprint: 0 sf (E) Driveway & Parking: 0 sf (P) Driveway & Parking: 0 sf Total Driveway & Parking: 0 sf Total Lot Coverage (Footprint): 0 sf (0%) Sensitive Resources: Legend Type Distance from Development NORTHERN COASTAL BLUFF SCRUB BEHREN'S SILVERSPOT BUTTERFLY
TOB 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 20' Y
30' Y 79.83' 1274.50' 1314.93' 0' 50' 100' 150' TOB 100' 50' 50' 50' 100' 100' 100' 100' 50' S 50' S (P) LEACHFIELD (For Reference) (P) EXTENT OF TOPSOIL (For Reference) (P) 100% REPLACEMENT AREA (For Reference) (P) FORCE LINE (For Reference) (P) SEPTIC TANK (For Reference) (P) PUMP CHAMBER (For Reference) (E) NEIGHBORING WELL & WATER TANK (E) DRIVEWAY NOTE: Septic infrastructure is for Environmental Health reference purposes only. Septic infrastructure application is forthcoming in a subsequent CDP submittal. (P) 25' PATHWAY EASEMENT (P) 25' PATHWAY EASEMENT SITE PLAN 1 : 50 1 840 Bluff Top Road
MEYER & SUTTON
Point Arena, CA 95468 SHEET1
REVISION BY DATE APN:
027-041-35-00
DRAWN BY: TH
SCALE: AS SHOWN
APPROVED BY: TJ OF 1 SHEETS
Design review, not meant
for construction. DATE: 7/14/2022
Added (P) 25'
Pathway Easements TH 1/30/23
COMMUNITY ACTION PLAN 3. Community Vision 35
CITY OF POINT ARENAFigure 3-1. Action Plan Framework
Figure 1. Proposed well sites and path easements in relation to Environmentally Sensitive Habitat Areas (ESHAs) identified in the study area and their recommended buffers.
Meyer Proposed trail easement near incidental
Behren's silverspot butterfly observation letter
February 3, 2023
WYNN COASTAL PLANNING & BIOLOGY Page 3 of 6
Applicant’s Justification for Dedication Exclusion
The following justification was provided by the Applicant via email transmission on 3/7/2023:
The property is modest in size and we think that offering to dedicate two trails across it is fair and generous. By neglecting to include the center trail we are not obstructing the ability of anyone to connect to other portions of the coastal trail. That center trail as shown on the map is rather superfluous as it does not actually provide any additional access. It appears to be more of a shortcut across two properties. People will be able to benefit from the Bluff top road portion of the trail via the Meyer’s eastern dedication as well as the actual bluff access via the Meyer’s western portion. Additionally, having a 25’ wide access easement in the center of their property may preclude their ability to develop on the lot as the open space seen between the western and center trail is a bowl. Three coastal access trails would also force the homeowner to forego a considerable amount of privacy considering that would be three 25’ wide easements across a parcel that is 2.06 acres in size and only 79’ wide.