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 2-2022
OWNER/APPLICANT: Robert S Phraner
ZONING: Urban Residential
REQUEST: The applicant requests a Coastal Development Permit to construct a +/- 1,275 SF two-story single family residence, +/- 575 SF accessory dwelling unit with a +/- 384 SF attached garage, and associated site development (gravel driveway, electrical connection, propane tanks, etc.).
APN: 027-121-05
LOCATION: 44140 Port 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 Telephone: 707 882-2122
Website: https://pointarena.ca.gov/
/Jeana Gevas
Publication Date: 5/11/2023
City of Point Arena
451 School Street
PO Box 67
Point Arena, CA 95468
707-882-2122
Staff Report for
CDP 2-2023
Phraner Residential Development Project
ADDRESS, Point Arena
APPLICANT/OWNER: Robert Scott Phraner
REQUEST: The applicant requests a CDP to construct a 1,275 SF single family dwelling with a 960 SF accessory structure. See Exhibit 1: Site Plan.
LOCATION: The project is located at 44140 Port Road, APN 027-121-0500, Point Arena. See Exhibit 2: Location Map.
APPEALABLE AREA: Appealable to the Coastal Commission (west of first public road) TOTAL ACREAGE: ±0.30 acres
GENERAL PLAN: Urban Residential
ZONING: Urban Residential
EXISTING LAND USE(S): Vacant
ADJACENT LAND
USES(S):
North: Urban Residential
South: Multi-family Residential
East: Urban Residential
West: Urban Residential
ENVIRONMENTAL
DETERMINATION:
Categorically Exempt from CEQA pursuant to sections 15303 and 15332
OTHER RELATED
APPLICATIONS:
N/A
PROJECT DESCRIPTION: The applicants are requesting a Coastal Development Permit to allow for the construction of a +/-1,275 SF two story single family dwelling with a combinded +/- 960 SF detached grage and ADU on a vacant lot within the urban residential zoning district.
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 project is considered Categorically Exempt from further CEQA evaluation pursuant sections 15303 and 15332 of the CEQA guidelines:
15303. New Construction or Conversion of Small Structures Class 3 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. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
B. Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
The proposed project includes a single-family home in the Urban Residential zoning district, an urban area within the City of Point Arena, and a detached garage and ADU. The project is a sum of Class 3 examples A and E of the CEQA categorical exemptions and does not exceed the max number of structures allowable.
15332. In-Fill Development Projects
Class 32 consist of projects characterized as in-fill development meeting the conditions described in this section:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
The proposed project is consistent with general plan and zoning designations and regulations (see the General Plan and zoning section for more information). The proposed project is within Point Arena City Limits. The project site is less than 5 acres in size (.268 acres) and is surrounded by urban residential uses. The project has been determined not to have value as habitat for endangered, rare, or threatened species (see ESHA section). The project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The site is currently served by PAWW and all other required utilities and public services (see Utilities section).
As a result, the project is categorically exempt from further CEQA review.
SUMMARY OF REFERRAL AGENCY COMMENTS:
City Engineer No Response
Sewer District No Response
Point Arena Water Works No Comment
Coastal Commission Requested ADU application materials be specified, and site plans submitted
Redwood Coast FPD No Response
MC Environmental Health No Response
MC Building Department No Response
Air Quality Management Dist. No Response
California Dept. of Fish and Wildlife No Comment
US Dept. of Fish and Wildlife No Response
Regional Water Quality Control Board No Response
Manchester Band of Pomo No Response
Caltrans No Response
BACKGROUND
In order 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.
Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
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 place new structures 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
Zoning / General Plan
The proposed project is within the Urban Residential zoning district. The Point Arena Municipal Code section 18.20.030 regulates the Urban Residential (UR) zone. The proposed single-family dwelling is principally permitted within the UR zone. The proposed accessory structure containing both the ADU and garage are also allowable in the UR district. All development will be required to obtain a building permit before development.
Height Limits
The maximum building height limit in the UR district is 35 feet per PAMC Section 18.200.030. The proposed development would consist of a two-story residence with a maximum height above finished grade of 28 feet, which complies with the maximum building height limit for the UR zoning district.
The maximum permitted height of accessory structures is 15 feet. The height of the proposed garage is shown at approximately 18 feet on the application; however, staff has informed the applicant that the garage may be no taller than 15 feet, and any building permit would require compliance with this height before approval. As a result, all developments will meet the height requirements of the district.
Setbacks
The new structures are required to comply with the UR zoning district setback requirements per PAMC section 18.20.030:
Setbacks Required
Minimum Proposed
Front, south 20 20
Rear, north 15 15
Side, west 10 10
Side, east 10 15
The project site is located on an interior lot. Appendix A of the Zoning Code defines the “front” lot a lot as the line separating the lot from the street – therefore the front of the proposed project site is on Port Road. The proposed project meets all the PAMC required setbacks.
Accessory Structures (18.25.090)
Accessory structures are associated with, and appropriate, incidental, and subordinate to primary structures on the parcel. The project proposed to construct an accessory building consisting of both a garage and Accessory Dwelling Unit (ADU). The entire accessory building is approximately 960 square feet, where the garage is 288 square feet and the ADU is 576 square feet. The size of the accessory structure requires a building permit be required before development.
Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
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 zone 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 UR district; thus, 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. PAMC Section 18.25.280 enumerates the required parking spaces based on land use. Parking space requirements for residential uses are (in most cases) two spaces per unit.
The project proposes a covered garage and a gravel drive that is approximately 80 feet long, with the capacity for at least two tandem parked cars. The proposed project is consistent with PAMC 18.25.280.
CIRCULATION AND PUBLIC ACCESS
The project was referred to Caltrans for comment and consideration. Caltrans did not respond with comments.
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. See Exhibit 5: CAP Trail Map. The project site is not located near or within any circulation improvements recommended by the CAP.
The proposed project does not conflict with any circulation or public access areas designated in the Point Arena General Plan, or any adopted specific plan.
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 is not located in an area with steep slopes according to the General Plan’s Natural Hazards Map. As shown on the map, steep slopes are depicted to the north of the project, but not within the project footprint.
The project site is well outside of areas shown on the Natural Hazards Map as hazardous bluffs, and west of the Hathaway Creek Fault line. The structures will be required to comply with the California Building Code, which addresses seismic standards, and will be reviewed for consistency with Building Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
Code through the Building Permit review and approval process. Site plans indicate the project is designed to Seismic category A. Geologic hazards are not anticipated to be an issue for this project.
Fire
The project was referred to the Redwood Coast Fire Department on April 10, 2023. 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 within the Urban Residential zone. Adjacent parcels are developed with single family homes consistent with the proposed project.
The only public views proximate to the proposed project are from the Point Arena Public Garden and Port Road right-of-way. The Project as proposed would not have a significant adverse impact on public viewing areas as the project is similar to adjacent single-family developments.
The existing public views from the Point Arena Public Garden are backdropped by existing residential development and the Bluff tops to the south. The project as proposed would not encumber views of the bluff tops from the Point Arena Public Garden.
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 manmade surroundings. The plans propose to construct the residence with cement and hard plank. The roof will be a 20- year grey composite. Paint colors and materials colors are grey hues for the body of the residence and white trim.
The natural surroundings include open grassy areas to the north and are zoned urban residential with little to no tree cover. Man-made surroundings include single family residences to the east, west and south of the proposed project site.
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.
NATURAL RESOURCES (ESHA, PAMB, etc.)
On November 2, 2022, Rhiannon Korhummel of WRA conducted a preliminary biological assessment of the proposed project site. The assessment was conducted to assess the potential of the parcel to support ESHA, wetlands, PAMB and other natural resources.
The preliminary assessment determined that the study area (project site) is unlikely to support-special status plants due to the previous land disturbance and presence of invasive plants. The report indicated that the study area is primarily dominated by ruderal herbaceous vegetation typical of Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
disturbed land. This assessment was conducted outside of peak bloom season and therefore was unable to determine if the Behrens’s silver-spot butterfly larval plant, Viola adunca, was present.
USFWS biologist Greg Schmidt was present at the November 2, 2022, biological assessment and determined the study area was not suitable for PAMB habitat and no take of the species will occur.
USFWS expressed concerns that the study area could be suitable for Viola adunca.
On April 5, 2023, WRA conducted a follow up biological assessment to assess plants present during peak bloom season. Prior to the assessment of April 5, 2023, WRA conducted a reference site assessment on March 29, 2023, and found Viola adunca to be in bloom indicating it would also be in bloom at the project site. WRA did not observe Viola adunca at the project site during the follow up visit and determined the site to be without ESHA. WRA also concluded no wetlands, sensitive natural communities, or any other biological resource which could be classified as ESHA were observed at the project site. USFWS received a copy of the follow-up report and did not respond with further recommendations.
With lack of rare or protected biological resources, and response from USFWS the project site will not cause negative impacts to protected species and is consistent with City policies protecting natural resources and ESHA.
ARCHAEOLOGICAL RESOURCES
The project site was previously developed with a single-family home. The previously developed singlefamily home was last recorded in an ariel photo dated 1957. Records do not indicate when the home was demolished but ariel images captured in and after 2001 do not show the single-family home development. Since the project site was previously disturbed it is unlikely the site would contain any significant archaeological resources. Special Condition 1 mandates that if unidentified cultural artifacts or remains are inadvertently discovered during project implementation, project implementation shall halt, and a certified archaeologist shall be contacted to evaluate the finding.
Additionally, the Manchester Band of Pomo were invited to consult on this project via letter dated April 10, 2023. The Manchester Band of Pomo did not respond to the request for comments.
UTILITIES
The project’s site is currently connected to the City’s wastewater system and to the water system.
Point Arena Water Works (PAWW) and sewer districts did not return a comment. Utilities are available and adequate to serve the proposed development.
PROJECT FINDINGS AND CONDITIONS
Recommended Action
Pursuant to the provisions of PAMC Sections 18.30.080, the City Council approves the proposed project, 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 Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
resources. The project would develop a residence within an established residential zoning district and community, minimizing the potential for adverse impacts on coastal resources; and
2. If the project is located between the first public road and the sea, then 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 not located between the first public road and the sea; however, 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 Urban Residential zoning district, where residential uses at the densities proposed are allowable; and
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 Urban Residential, where residential uses are allowable at the proposed density; 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 produce an additional residential unit within an existing residential community, 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. 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 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.
Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
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. In the event that previously unidentified cultural resources are encountered during Project implementation such resources shall be avoided, including altering the materials and their stratigraphic context. A qualified professional archaeologist shall be contacted to evaluate the finding. Project personnel shall not 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.
Phraner Residential Development Project CDP 2-2023
44140 Port Road, Point Arena
In the event that human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the Mendocino County Medical Examiner, the Sheriff-Coroner, and a qualified archaeologist must be notified immediately to evaluate the remains. 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 can be provided.
2 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.” Staff Report prepared by:
_______________________________ May 23, 2022
Scott Perkins Date
City Planner
EXHIBITS
• Site Plan
• Elevation Drawings
• Color Palette