Point Arena City Council
August 22, 2023

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POINT ARENA CITY COUNCIL

AGENDA ITEM SUMMARY
AGENDA ITEM: VIII A
MEETING DATE: 8/22/2023
TITLE
Amendments to the City of Point Arena Local Coastal Program to Regulate Accessory Dwelling Units

RECOMMENDED ACTION
Conduct public hearing and introduce by title only and waive full reading of the text, an ordinance amending the City of Point Arena Zoning Code (OA #2023-01) to update the City's regulations for Accessory Dwelling Units

ANALYSIS
In 2020, the City Council reviewed and approved amendments to the City's Local Coastal Program ("LCP") to update the City's policies and regulations for Accessory Dwelling Units ("ADUs"). The amendments ("2020 ADU Amendments") were intended to address new State legislation that required cities and counties to remove regulatory barriers impeding the development of ADUs. The 2020 ADU Amendments were subsequently submitted to the Coastal Commission for certification. Coastal Commission staff reviewed the 2020 ADU Amendments and provided extensive comments. In 2022, the City contracted with consultants ("Housing Update team") to complete the City's ADU amendment process and to prepare other housing-related LCP amendments.

The Housing Update team met with Commission staff last fall to review the comments on the City's 2020 ADU Amendments and to discuss approaches to resolve the issues that had been identified. Following numerous discussions with the City Council and check-in meetings with Commission staff, an updated LCP Amendment for ADUs has been prepared. The updated LCP Amendment ("2023 ADU Amendments") is comprised of revisions to the City's General Plan/LCP Land Use Plan (GP #2023-01) as shown in Attachment 1 and revisions to the City's Zoning Code/LCP Implementation Plan (OA #2023-01) as shown in Attachment 2. The revisions accomplish the following:
 The General Plan/LCP Land Use Plan amendments, as shown in Attachment 1, are similar to those included in the 2020 ADU Amendments.
 The 2020 LCP Amendment included a stand-alone ordinance with the implementing regulations for ADUs. As shown in Attachment 2, the regulations - 2 -
and procedural requirements in the 2023 ADU Amendments are now woven into the City's Zoning Code.
 The 2023 ADU Amendments addresse updated State ADU laws that were enacted after the 2020 LCP Amendments were prepared.
 The 2023 ADU Amendments retain a similar permitting framework for ADUs as in the 2020 ADU Amendments. Certain types of ADUs would be exempted from the requirement to obtain a coastal development permit (CDP) and those requiring a CDP would be approved administratively (i.e., without a public hearing).  The 2023 ADU Amendments establish objective standards for protection of coastal resources that, if met, would be the basis for the ministerial issuance of a CDP. These standards also respond to issues raised in the Coastal Commission's initial response letter to the 2020 ADU Amendments.
 The 2023 ADU Amendment establish an administrative CDP process that is consistent with State ADU laws.

The City Council has reviewed and discussed the 2023 ADU Amendments at five public meetings held on: July 26, 2022; December 13, 2022; February 7, 2023; February 13, 2023; and May 9, 2023. In addition, the Housing Update Team presented information relating to the ADU Amendments at two Community Workshops held on June 21, 2022 and October 18, 2022.

Attachment 2 incorporates a few minor changes to the draft ADU ordinance that was reviewed by the Council on May 9, 2023. The changes respond to a final round of comments provided by Coastal Commission staff and include the following:

Section 18.25.350(7)(a) - Text added to reflect modifications to State ADU laws pertaining to ADUs within multi-family dwelling structures.

Section 18.25.350(7)(b)(iii) - Revised to reference 18' height limit (rather than 16' height limit) in compliance with Government Code section 65852.2.

Section 18.25.350(8)(a) - Revised to incorporate requirements of Government Code section 65852.2(d).

Section 18.25.350(10(c) - Added reference to requirements of Mendocino County Department of Environmental Health.
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Section 18.30.110(2)(a) - Eliminated language stating that JADUs and attached ADUs are exempted from the CDP requirement.

The draft ADU ordinance has been reformatted for adoption and two sections are added at the end to address compliance with the California Environmental Quality Act (CEQA) and to establish the effective date of the ordinance.

In order to submit the 2023 ADU Amendments to the Coastal Commission for certification, the Council must take the following actions:

1. Adopt Ordinance Amendment (OA #2023-01). Adoption of a zoning ordinance amendment requires a public hearing and a two-step process:
a. Council introduces the ordinance (by title only and waiving the full reading of the text). This is known as the "introduction" or "first reading" of the ordinance.
b. At a subsequent meeting, the ordinance is presented for a "second reading" and the Council votes on whether to adopt the ordinance.

2. Adopt Resolution Amending General Plan/Land Use Plan (GP #2023-01). In addition to the General Plan/Land Use Plan amendments, the Resolution includes actions to withdraw the application to the Coastal Commission for certification of the 2020 ADU Amendments and directs staff to submit the 2023 ADU Amendments to the Coastal Commission for certification. A draft Resolution is included as Attachment 3.

The actions that are before the Council on August 22, 2023 are to conduct a public hearing and to introduce OA #2023-01. The Council's September 26, 2023 meeting agenda will include an item for adoption of the ordinance and adoption of the resolution approving GP #2023-01, withdrawing the previous LCP Amendment application, and authorizing submittal of an application to the Coastal Commission seeking certification of the 2023 ADU Amendments.

It is noted that this procedure differs from the Council's actions in 2020 whereby the LCP Amendment application was submitted without formal adoption of the ordinance. The Coastal Commission has since modified their submittal requirements such that local agencies must adopt ordinances prior to submittal for certification. If the 2023 ADU Amendments are certified by the Coastal Commission without any modifications, they will take effect immediately upon that action by the Coastal Commission. If the Commission's action includes "suggested modifications," additional actions will be - 4 -
required by the City Council to accept those modifications and incorporate them into the Zoning Ordinance and the General Plan/Land Use Plan.

Assuming the Council moves forward with the actions outlined above, the LCP Amendment would be submitted to the Coastal Commission in October and, if all goes smoothly, it would likely be heard by the Coastal Commission in March or April of 2024.

FISCAL IMPACT
Costs associated with the LCP Amendment to update the City's ADU regulations are being reimbursed by an SB2 grant and a Local Early Action Planning (LEAP) grant from the State Department of Housing & Community Development (HCD).

ATTACHMENTS

1. General Plan/Land Use Plan Amendments (GP #2023-01)

2. Zoning Ordinance/Implementation Plan Amendments (OA #2023-01)

3. Draft Resolution adopting GP #2023-01; withdrawing application for certification of 2020 ADU Amendments; and authorizing submittal of 2023 ADU Amendments (LCP #1-23) to the California Coastal Commission for certification ATTACHMENT 1
Note: Red underline indicates new text to be added.

Black strike-through indicates existing text to be deleted. - 1 -
GENERAL PLAN/LAND USE PLAN AMENDMENT (GP #2023-01)
Section 1. Chapter III, Land Use and Development Element, Section 7 "Overall Citywide LandUse Policies and Programs" is amended as follows:

21. A second An accessory dwelling unit ordinance shall be prepared and enacted into law in accordance with State planning law. Second Accessory dwelling units may be allowed by use permit on legally-conforming residential properties designated for residential uses, where there is an existing single-family home, but only in accordance with State planning law and all applicable provisions of the LCP.

Section 2. Chapter III, Land Use and Development Element, Section 8 " Land-Use Categories and Descriptions" is amended as follows:

8.1. AGRICULTURAL AND SUBURBAN AREAS AND USES
The following land-use and zoning classifications accommodate low-density residential activities and agriculture, and contribute to maintaining Point Arena's rural and small-town character and small-scale agricultural activities.
(A) Agriculture Exclusive--(AE)
Applies to properties which are to be reserved primarily for agricultural uses and associated structures, including the following uses by right:

Permissible uses by right
Single-family residence, if incidental to the agricultural use of the land and for the residence of the farmer or for employees engaged in the agricultural use of the land; accessory dwelling units and/or junior accessory dwelling units; farming, dairying and grazing; agriculturally-associated and necessary auxiliary buildings; keeping of animals; barns and greenhouses; one home occupation; stable; roadside stands less than 500 square feet in area for sale of agricultural products grown/raised/produced onsite (or on contiguously owned parcels).

Maximum residential density by right: one dwelling unit on each twenty-acre parcel.

Minimum lot size: 20 acres.

By use permit:

Animal husbandry uses that have a potential to produce significant odor, noise, or other impacts, such as but not limited to hog farms, frog farms, turkey, farms, fur farms, animals feed yards and sales yards.

Farmstays.

Riding stables to rent or board horses.

Attachment 1 (08/22/23)
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Water storage tanks, reservoirs or distribution lines.

One second dwelling unit not to exceed 1200 square feet of floor area for the owner's family, a farm working lessee or employees, which may be a mobile home or manufactured home subject to the Second Unit Ordinance and State Law and only where there is an existing single-family home.

Roadside stands for sale of agricultural products with at least 50% of all agricultural products grown/raised/produced on site (or on contiguously owned parcels) and the remainder grown/raised/produced elsewhere in Mendocino and Sonoma Counties.

Scientific research and associated structures.

Wastewater ponds; spray irrigation.

Satellite TV receiving dish (four feet diameter or larger).

Emergency services communications facilities of a limited nature.

Septic system and wells are acceptable.

Properties in this land-use category are intended to be maintained in agricultural production in order to assure the area's agricultural economy and agricultural usage on a continuing basis.

Conversion of agricultural lands to non-agricultural uses and removal of lands from the AE Zone shall be predicated on a conversion analysis and findings in accordance with provisions California Coastal Act provisions 30241, 30241.5, 30242, and 30243 and LUP Chapter X Section 2.5.
(B) Residential Agriculture-Two Acres--(RA 2)
Applies to properties suitable for limited agriculture and very low-density residential purposes on large lots. This land use designation also allows for buffer areas between exclusive agriculture areas and higher density residential areas. It includes the following permissible uses by right:

Permissible uses by right
Dairying, farming, grazing, keeping of animals, barns, greenhouses, auxiliary buildings associated with and essential to agricultural uses; one dwelling unit, which may be a mobile home or a manufactured home; accessory dwelling units and/or junior accessory dwelling units; one home occupation.

Maximum residential density by right: one dwelling unit for each two-acre parcel.

Minimum lot size: two acres.

By use permit:
bed and breakfast inns; animal hospital and kennel; commercial stable; one second dwelling unit or one live-work space or one “granny” unit, not to exceed 1200 square feet subject to the City’s Second Dwelling Unit Ordinance and State Law and only where there is an existing singlefamily home; residential care facility Septic system and wells are acceptable.
(C) Suburban Residential-One Acre--(SR 1)
Applies to properties suitable for low-density residential development.

Attachment 1 (08/22/23)
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Permissible uses by right:
one dwelling unit, which may include a mobile or manufactured home; accessory dwelling units and/or junior accessory dwelling units; tot lot; one home occupation; truck gardening, smallscale farming and grazing; structures associated with truck gardening, small-scale farming and grazing including outbuildings and sheds not exceeding 1,000 square feet.

Maximum residential density by right: one dwelling unit for each one-acre parcel.

Minimum lot size: one acre, except for a Planned Residential Development (PRD) project, in which case lot and building site sizes may vary and be less provided the overall resulting density does not exceed the allowable density.

By use permit:

Bed and breakfast inns; live-work spaces/studios in-lieu of the one permissible single-family house; churches; schools; libraries; day care centers; one "granny" unit or one second dwelling unit subject to the City's Second Dwelling Unit Ordinance and State Law and only where there is an existing single-family home; shared living facility; rooming and boarding; residential care facility
Development proposals on lots (initial planning areas) of ten (10) acres or more or any 2 or more abutting parcels of less than 10 acres in the same ownership or under the same control which total 10 acres or more shall be processed as Planned Residential Developments (PRD).

Septic system and/or wells may be acceptable in lieu of connection to the city sewer system and to the water system only if in compliance with City ordinance(s) and Mendocino County Environmental Health regulations in effect at time of permit application. (D) Suburban Residential-One-Half Acre--(SR 1/2)
Applies to properties suitable for low-density residential use.

Permissible and Conditional Uses:

Same as SR 1 except that maximum residential density is one dwelling unit for each half-acre (two dwelling units per acre), and minimum lot size is one-half acre except when a Planned Residential Development (PRD) project.

Development proposals on lots (initial planning areas) of ten (10) acres or more shall be processed as a Planned Residential Development (PRD).

Septic systems and/or wells may be acceptable in lieu of connections to the municipal sewer and water systems on parcels greater than one acre in size, and only if in compliance with City ordinances and Mendocino County Environmental Health regulations in effect at the time of permit application. Parcels less than one acre must connect to the municipal sewer system.

8.2. URBAN AREAS AND USES
The central portion of the city is appropriate for relatively dense urban uses. Included is the Downtown area and the surrounding areas of limited multiple-family units and single-family homes. While the single-family areas are largely built up there is a substantial area within the annexed area east of Main Street which is designated for new dwelling units, and large areas of land within and abutting Downtown that are suitable for multiple-family developments.

Attachment 1 (08/22/23)
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Point Arena's destiny is likely to include infilling that can take place on available parcels within the Downtown and within the areas surrounding Downtown, areas that have not yet realized their full potential. This 2001 General Plan provides for development opportunities that have not existed heretofore. They consist of allowing and fostering mixed commercial and residential uses, increasing the land area available for multiple-family housing, and opening up opportunities for expanding retail and commercial service uses within the Downtown and along Highway 1 at the north and south ends of the city.

Within areas designated commercial the predominant uses are to be retail commercial, personal and professional service uses, and tourist-oriented activities. Also permitted are a mixing in with commercial uses of live-work and studio spaces, limited residential units, and offices.

It is an objective of this plan that the Downtown area be served with one or more off-street parking lots in order to meet current demand as well as future demand. New developments within the (C) Core Commercial area shall be required to provide off- street parking, or to contribute funds in lieu thereof, in order that the City may acquire and improve off-street parking lots within and to serve the Downtown area. All required off-street parking in other zones shall be provided on site.
(A) Urban Residential--(UR)
Suitable for single-family residential uses, including manufactured homes, individual mobile homes, and co-housing projects, in protected residential settings where both city-approved water and sewer services are provided or shall be provided.

Permissible uses by right:
single-family residential units, including a manufactured home or mobile home; co-housing projects; accessory dwelling units and/or junior accessory dwelling units; one home occupation.

Maximum residential density by right: one dwelling unit per 8,625 square foot parcel (5.05 DU per acre).

Minimum lot size: 8,625 square feet.

By use permit:
live-work spaces and studios in lieu of a permissible single-family dwelling; churches; schools; libraries; day care facilities; bed and breakfast inns; rooming and boarding; one granny unit or a second dwelling unit where there is an existing single-family home, subject to the City's second unit ordinance and State Law; residential care facility.

Development proposals on lots (initial planning areas) of ten (10) acres or more or any 2 or more abutting parcels of less than 10 acres in the same ownership or under the same control which total 10 acres or more shall be processed as Planned Residential Development (PRD) projects.

Connections to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate roadway capacity must be demonstrated prior to approval of development in these areas.
(B) Multi-Family Residential--(MR)
Reserved and suitable for multi-family medium-density apartment developments, or mixed residential building types, including offices under certain circumstances, with city-approved Attachment 1 (08/22/23)
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water and sewer services and a high-level of residential design and amenities in residential settings.

Permissible uses by right:

All types of living units and residential building types, including shared living and co-housing facilities, and live-work spaces, except mobile homes parks and mobile homes, in any mix, provided the maximum residential density limits are not exceeded; accessory dwelling units and/or junior accessory dwelling units; tot lots and mini parks; home occupations.

Maximum residential density: One dwelling unit for each 5800 square feet of lot area (7.5 dwelling units per acre) which may include live-work spaces or any mix of single-family dwellings, multiple dwellings, town houses, duplexes or apartments, including manufactured housing.

Minimum lot size: 5800 square feet.

By use permit:
churches; schools; libraries; day care centers; inns, bed and breakfast inns and boarding houses; professional offices provided they do not exceed 50% of a project's total building floor area, subject to design standards that ensure a predominantly residential character throughout the development; nursing homes, hospices and convalescent hospitals.

Open Space Requirement:

Fifteen percent of each lot shall be reserved for use as Multi-Family Useable Open Space, in addition to required yards, and private decks and patios associated with a living unit, and in addition to required off-street parking, and in addition to any open space that may be set aside and not useable due to hazardous conditions or excessive slope.

Connections to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate roadway capacity must be demonstrated prior to approval of development in these areas.

8.3. COMMERCIAL AREAS AND USES
(A) Core Commercial--(C)
Applies to urban core types of retail and consumer/professional service uses that are appropriate for the maintenance of the city's Downtown purposes and character and which will further the objective of strengthening Downtown as a viable commercial, business and cultural center. To achieve these objectives Downtown uses may also include a limited number of dwelling units, and shall include adequate off-street parking, including improved commercial or public parking lot with easy access from Main Street. It shall also be a public objective to maintain the unique and historic small-town character of the Downtown by maintaining and preserving the architecture, scale, building heights, and building designs of the area and by ensuring that new designs and renovations conform with an architectural style appropriate for Downtown and to respect the area's historic building resources and designs.

Permissible uses by right:
general retail goods and services; offices; existing dwellings and dwelling units; accessory dwelling units and/or junior accessory dwelling units; public and quasi-public uses, services and facilities: restaurants; delis and food stores; visitor-serving facilities and services including but not limited to hotels, motels, hostels and inns; bed and breakfast inns; medical and dental offices Attachment 1 (08/22/23)
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and clinics; other small businesses if entirely enclosed; public or quasi-public library; churches; public offices and facilities; tot lots and mini parks; dance studios and fitness centers; art galleries; farmers' markets; flea markets
Commercial activities by use permit:
commercial and public parking facilities; restaurants with bars; secondhand stores; brew pubs; small-scale vehicle repair and services; emergency shelter and transitional housing; commercial recreation and social halls; the outdoor display and sale of locally-produced or created arts and crafts; nursing homes and hospices.

Dwelling units by use permit:

Dwelling units of any type and mixture, including live-work spaces, but excluding mobile home parks and mobile homes, provided that (1) the full amount of required off-street parking for each use or activity is provided on site or fees in lieu thereof are paid in accordance with the City's Zoning Ordinance and schedule of fees in effect on the date of the use permit; (2) all yard, landscaping and screening requirements as set forth in the Zoning Ordinance are adhered to. The Planning Commission shall require that a Comprehensive Development Plan be submitted for review and approval before any development consisting of dwelling units and/or multiple uses including live/workspaces is approved.

The Planning Commission may deny applications for new dwelling units within the Core area if a finding is made that such units will not advance the principal purposes of the Downtown or are sited or designed in a fashion that is incompatible with the City's architectural design or historic preservation standards. The Planning Commission shall deny applications for new dwelling units within the Core area for any inconsistency with the provisions of the LCP, including, but not limited to a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.

Connections to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate roadway capacity must be demonstrated prior to approval of development in these areas.
(B) Highway Commercial--(HWC)
Applies to areas requiring maximum exposure along Highway 1 on larger lots, with ease of access and all parking provided on site.

Minimum lot size and frontage: 10,000 square feet and 100 feet.

Permissible uses by right:

All uses permitted by right in the C Commercial Core district plus small truck, vehicle, and boat sales; physical fitness facility; emergency shelters and transitional housing By Use Permit:

Very light goods production and assembly, and very light industrial uses, provided production, assembly, repair work and storage are enclosed and screened and are found not to negatively impact adjoining or nearby properties or become an eyesore to those traveling on Highway 1, nor impact negatively on adjoining commercial or residential properties, nor create any noticeable noise; vehicle storage and repair garages; mortuaries; nursing homes and convalescent hospitals; brew pubs; business parks; used vehicle sales; automobile and other vehicle services; hardware and lumber sales; social halls and commercial recreation, including bowling alleys; warehouses Attachment 1 (08/22/23)
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provided goods are largely stored within buildings and where stored outside are screened and landscaped; animal-care hospitals and clinics; short-term RV parks (RV timeshares are not permissible); comprehensively- planned mobile home parks and associated facilities; the production and sale of locally- manufactured or -created goods or crafts for sale to the passing public; farmers' markets.

Also by use permit, in accordance with a Comprehensive Development Plan:

Multi-family dwellings of any type or mixture, including a mobile home park, provided that (1) said units occupy no more than 25% of the land area of any lot and the units are situated on the rear 40% of said parcel; (2) all required off-street parking is provided on site; (3) all yard, landscaping and screening requirements set forth in the Zoning Ordinance are adhered to; (4) for each residential project at least 15% of the residential project area is reserved for and improved as "multiple-family useable open space"; (5) the project density is no greater than 15 dwelling units per acre, which requires that for each dwelling unit there must be at least 2900 square feet of residential land area; and (6) a Comprehensive Development Plan" for the entire parcel is submitted for review and approval before any development is approved.

Connections to municipal water and sewer systems shall be required.

Appropriate and adequate water and sewer systems as well as adequate roadway capacity shall be demonstrated prior to approval of the permit.

The Planning Commission shall deny applications for new dwelling units within the Highway Commercial area for any inconsistency with the provisions of the LCP, including, but not limited to a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.

8.4. SPECIAL AREAS
(A) Harbor Commercial--(HC)
This area comprises Arena Cove and is suitable and is to be reserved for commercial activities in conjunction with commercial and recreational fishing and other coastal-dependent activities, including visitor-serving uses. It is also an area of exceptional environmental and ecological significance due to the joining of Arena Creek, the wetlands, the Ocean, the coastal bluffs, and the beach. It is also an area of significant economic and fiscal benefit to the city, and of historical and communitywide significance.

Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided in the California Coastal Act, coastal developments shall not be sited in the wetland areas of Arena Cove. Facilities serving the commercial fishing and recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced and shall be protected unless written findings are made that present and foreseeable future demand for the facilities that could be accommodated on the property is already adequately provided for in the area. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry (Sec. 30234 California Coastal Act).

Attachment 1 (08/22/23)
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Permissible and Preferred Uses by right:

Boat launching and public facilities related to coastal dependent activities; boat building and repair; retail sales or rentals of fishing supplies, scuba supplies and surf-related sports supplies; purchasing, selling, and processing of fish and shellfish; coastal-dependent aquaculture facilities; visitor-serving uses already at the cove (24-room inn with manager's residence; 10-room bed and breakfast inn with manager's residence; two-story commercial building containing restaurants and gift shops).

Uses Subject to Securing a Use Permit or Comprehensive Development Plan approval:

Other visitor-serving uses: bed and breakfast inns; restaurants; restaurants with bar; cafes; hotels, motels and inns; campground; campground with short-term R/V use; short-term R/V park for seasonal uses (not to exceed a total of 44 RV spaces overall), with R/V timeshares being impermissible; housing units in each case for the owner or manager; art galleries; non-coastaldependent aquaculture activities; gift and antique shops; City-managed public facilities; expansion of existing visitor-serving uses.

Land Use and Development Guidelines:

Uses are to be located and designed so as not to inhibit access to the ocean and riparian areas.

Uses may include roads, trails, parks, and parking facilities. A bicycle path shall be established on Iversen and Port Road to ensure the safety of pedestrians and bicyclists, provided it is consistent with the wetland and ESHA policies of the LCP and Section 30233 of the Coastal Act.

A small public park/picnic area near the creek, and a dedicated trail along the creek, shall be provided. The safety of pedestrians and bicyclists is to be ensured.

Uses shall be sited to ensure that they neither interfere with existing coastal-dependent uses nor preclude potential coastal-dependent uses in the Cove area. Generally, development in the flats near Arena Cove shall not preclude coastal-dependent uses.

All federal, state and LCP regulations pertaining to wetlands and endangered species (if any) shall be adhered to and permits gained prior to any earth moving or site preparation or development.

Property owners and/or applicants shall prepare and the City shall review for consistency with all applicable provisions of the LCP, and shall approve Comprehensive Development Plans for each parcel or all parcels in one ownership, before a coastal development permit for any new development is approved.

In the near future a Specific Plan shall be prepared by the City and shall serve as the City's policy statement and basis for public programs and the review of private development plans. The above guidelines shall be incorporated into the Specific Plan, and the Plan, upon adoption, shall govern all private and public actions within the HC area. The Specific Plan shall be submitted to the Coastal Commission for certification as an amendment to the LCP.

Connection to municipal water and sewer systems shall be required and the availability of adequate municipal water and sewer systems as well as adequate roadway capacity shall be demonstrated prior to approval of the permit.
(B) Industrial--(I)
This land use exists in order to accommodate non-nuisance industrial activities that are not suitable by virtue of their performance for location in commercial districts or proximate to living Attachment 1 (08/22/23)
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and tourist areas, and can be expected to contribute to Point Arena's economic development and tax revenues. All uses shall be by conditional use permit.

By use permit:

Because environmental quality concerns must be accommodated this plan provides that all uses are subject to obtaining a Conditional Use Permit, and that findings shall be required in each instance, in addition to the other required findings in Section 6.08 of the Zoning Ordinance, that the proposed development will not create any significant negative environmental impacts which cannot be mitigated within the industrial area and upon surrounding areas, such as noxious or offensive emissions including noise, glare, dust, dirt, chemical pollutants; and that all manufacturing, repairing, and fabricating shall be enclosed in buildings; and that all equipment and materials storage areas shall be screened, except from other industrial use areas, by sightobscuring fences, berms, or plant materials to a height of not less than six (6) feet.

Retail, professional service, and office uses should be excluded unless directly associated with an industrial activity.

Septic system and/or wells may be acceptable in lieu of connection to the city sewer system and to the water system only if in compliance with City ordinance(s) and Mendocino County Environmental Health regulations in effect at time of permit application, and the adequacy and availability of water supply and sewage disposal to serve the proposed use shall be substantiated prior to approval of the permit.
(C) Public Facility--(PF)
This designation accommodates such uses as schools, public utilities, public facilities, publiclyowned libraries and publicly-owned parking lots and facilities, public utility service and storage yards, sewer facilities, community centers, and similar uses. All proposed uses and developments shall be subject to securing a use permit.
(D) Park--(P)
All publicly-owned parks, recreation areas, and trails, except tot lots. (E) Open Space--(OS)
Lands owned by and dedicated to a public agency, quasi-public agency, or by deed and in perpetuity to a homeowners’ association or equivalent, or otherwise permanently set aside by an owner and his/her assigns for open space, may be designated OS, in which case usage may be strictly limited. (Dedications or other guarantees may be the subject of Development Agreements and may not necessarily be depicted on the city's Zoning Map.)

8.5. SPECIAL NOTE
Assessor's parcels # 027-081-18 and # 027-101-23 total approximately 16.30 acres. A maximum total of three (3) dwelling units may be permitted within this total acreage, subject to the execution of a mutually-binding Development Agreement (as defined in this General Plan and in California Planning Law) by the City and the property owner, and subject to the provisions of the Planned Residential Development Procedure and to the fifty percent open space requirement and shall require the execution and recording of the Development Agreement. The development of residential units and other developments shall require a coastal development permit and only development consistent with the Certified LCP may be approved.

Attachment 1 (08/22/23)
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The 7.4-acre parcel identified as of July 21, 2005 as APN 027-081-12, shall be subject to a threeacre minimum parcel size for a maximum of 2 lots on APN 027-01-12. Specific building sites shall be identified prior to any future land division. APN 027-081-12 may thereby be considered for future land division only for a maximum of two lots and the subject parcel shall not be recombined with other lands to achieve a redivision of land that increases development intensity that would otherwise result from a simple division of APN 027-081-12 into two lots, utilizing the present parcel boundaries. In this manner, development of one additional single-family residence may be considered under a future land division of the parcel provided all standards protective of visual resources, and any other applicable policy or provision of the certified Local Coastal Program, are satisfied. Such standards may include but are not limited to, limiting total building height to preserve public views of the bluffs and open space corridors north of Port Road, limiting landform alteration and vegetation removal, restricting length and location of access driveway to limit landform alteration, limiting building envelope and total building size, limiting building design, coloration, exterior lighting, or use of reflective glass, and clustering and otherwise limiting the number, location, and size of accessory structures to the area within the identified building site. In addition, approved development on the subject parcel or on such additional parcel as may be derived there from in the future shall only be sited where it will not cause or contribute to significant adverse impacts on coastal resources either individually or cumulatively.

Section 3. Chapter XII, Project Review & Permitting: Requirements & Procedures, Section 1 "Permits," Subsection 5, is amended as follows:

5. Coastal Development Permits. Since all of Point Arena is within the State coastal zone, coastal development permits are required under provisions of the California Coastal Act for all proposed “development” as defined in Section 30106 of the Coastal Act and as listed in the General Plan/LCP glossary and in all circumstances set forth in the Act. The standard of review when considering an application for or appeal of a CDP is the City's "Local Coastal Program (LCP", which is comprised of the General Plan, otherwise known as the Land Use Plan, including the Opportunities and Constraints Maps and not including the Housing Element, the Land Use and Development Map and associated support documents and the Implementation Plan (IP), which includes the Zoning Ordinance, and Zoning Map and Second Dwelling Ordinance. The standard of review for projects located between the first through road and the sea shall be the certified LCP and the public access and recreation policies of the Coastal Act. The City shall attach conditions to ensure compliance with the LCP and shall "make findings" as a precedent to adopting any conditions. Actions taken by the City to amend the LCP are not legally final, nor may development be approved under the proposed amended provisions, until the Commission has certified the LCP or any amendment to it and such certification becomes effective consistent with Section 13544 of Title 14 of the California Code of Regulations. (See Sections 6.02 and

6.03 of the Zoning Ordinance.)
Section 4. Glossary is amended to add, delete or modify the following definitions:

Attachment 1 (08/22/23)
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Accessory Dwelling Unit or "ADU". An attached or detached residential dwelling in compliance with Section 18.25.350, which provides complete independent living facilities for one (1) or more persons, and includes separate permanent provisions for entry, living, sleeping, eating, cooking and sanitation on the same parcel as a proposed or existing single-family or multi-family dwelling.

Density. For housing, density is the number of permanent residential dwelling units per gross amount of land. All densities specified in the General Plan are expressed in maximum number of units per gross acre or square feet. Density can be controlled through zoning in the following ways: minimum lot-size requirements, floor area ration, land use-intensity ratio, setback and yard requirements, minimum house-size requirements, ratios comparing number and types of housing units to land area, limits on units per acre, and other means. Maximum allowable density often serves as the major distinction between residential districts. ADUs and JADUs are not considered to be dwelling units for the purpose of density calculations.

Efficiency Kitchen. A small food preparation area for a JADU that includes: a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU.
"Granny" Unit. A dwelling unit for the sole occupancy of one adult or two adult persons who are age 62 of age or over. The area of floor space, in the case of an attached unit, may not exceed 30% of the existing living area; the area of floor space of a detached "granny unit" may not exceed 1200 square feet. "Granny units" are authorized by and subject to Section 65852.1 of the California Government Code and are subject to coastal development permitting requirements.

Junior Accessory Dwelling Unit or "JADU". A living space not exceeding five hundred (500) square feet in size and contained entirely within an existing or proposed single-family dwelling.

A JADU shall include a separate entrance from the main entry to the single-family dwelling, an efficiency kitchen, and may include separate sanitation facilities or share sanitation facilities with the existing single-family dwelling.

Second Dwelling Unit. A technical term defined in the California Government Code (Section 65252.150 - 65852.2) referring to legal second residential units in residential zones on existing lots that contain an existing single-family dwelling that conforms to all local codes, which second unit may be rented but not sold and must not exceed in floor area 30% of an existing living area if attached, or exceed 1200 square feet of floor area if a detached structure.

ATTACHMENT 2
Note: Red underline indicates new text to be added.

Black strike-through indicates existing text to be deleted. - 1 -
ORDINANCE NO. _____
ORDINANCE AMENDING CHAPTERS 18.20, 18.25, 18.30 AND APPENDIX A OF TITLE 18,

ZONING, OF THE POINT ARENA MUNICIPAL CODE AMENDING DEFINITIONS AND

REQUIREMENTS RELATED TO ACCESSORY DWELLING UNITS
The City Council of the City of Point Arena, ordains as follows:

Section 1. Section 18.20.020 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.020 Suburban residential or SR zone.

The suburban residential zones apply to properties designated on the zoning map that are suitable for the provision of low-density single-family residential development. (1) Suburban Residential—One Acre (SR 1).
(a) Principally Permitted Uses.
(i) Single-family dwellings, including a mobile or manufactured home; (ii) Truck gardening, small-scale farming and grazing;
(iii) Structures associated with truck gardening, small-scale farming and grazing including outbuildings and sheds not exceeding 1,000 square feet; (iv) One home occupation;
(v) Tot lot.;
(vi) One ADU and/or one JADU, in compliance with Section 18.25.350. (b) Conditionally Permitted Uses.
(i) Water storage tanks, reservoirs, and water distribution lines; (ii) Noncommercial livestock stables or corrals;
(iii) Day care centers;
(iv) Satellite TV receiving dish (four feet diameter or larger); (v) Bed and breakfast inns;
(vi) Live-work spaces/studios in lieu of a principally permitted single-family dwelling;
(vii) One granny unit or one second unit, not to exceed 1,200 square feet, subject to the city’s second dwelling unit ordinance and state law only where there is an existing single-family home;
Attachment 2 (08/22/23)
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(viii) Shared-living facility, rooming and boarding, residential care facility; (ixviii) Churches, schools, libraries.
(c) Other Regulations.
(i) Minimum lot area: one acre;
(ii) Minimum lot width: 125 feet;
(iii) Maximum lot depth: three times lot width;
(iv) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (v) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150; (vi) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130; (vii) Water and waste water: septic systems and/or wells may be acceptable in lieu of connections to the municipal sewer system and to the water system and only if in compliance with city ordinances and Mendocino County environmental health regulations in effect at the time of permit application. Appropriate and adequate water supply and septic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(viii) Residential densities: ultimate lot sizes may be no less than one acre, except that lot sizes may vary and/or be less than prescribed herein provided the overall resulting residential densities (dwelling units per acre) do not exceed the allowable densities (dwelling units per acre), and provided the subdivision or development is processed in accordance with and conforms to the provisions of the planned residential development (PRD) chapter of this title;
(ix) Adequate traffic capacity shall be substantiated prior to approval of any CDP. (2) Suburban Residential—One-Half Acre (SR 1/2).
(a) Principally Permitted Uses. All principally allowed uses in the SR 1 zone. (b) Conditionally Permitted Uses. All conditionally allowed uses in the SR 1 zone. (c) Other Regulations.
(i) Minimum lot area: one-half acre;
(ii) Minimum lot width: 125 feet;
(iii) Maximum lot depth: three times lot width;
(iv) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (v) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150; Attachment 2 (08/22/23)
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(vi) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130; (vii) Water and waste water: septic systems and/or wells may be acceptable in lieu of connections to the municipal sewer and water systems, on parcels greater than one acre in size, and only if in compliance with city ordinances and Mendocino County environmental health regulations in effect at the time of permit application. Parcels less than one acre must connect to the municipal sewer system. Appropriate and adequate water supply and septic capacity as well as adequate traffic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(viii) Residential densities: ultimate lot sizes may be no less than one-half acre, except that lot sizes may vary and/or be less than prescribed herein provided the overall resulting residential densities (dwelling units per acre) do not exceed the allowable densities (dwelling units per acre), and provided the subdivision or development is processed in accordance with and conforms to the provisions of the planned residential development (PRD) chapter of this title, when applicable; (ix) Adequate traffic capacity shall be substantiated prior to approval of any CDP. [Ord. 179 § 4.02, 2001.]
Section 2. Section 18.20.030 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.030 Urban residential or UR zone.

The urban residential zone applies to properties designated on the zoning map which are suitable for single-family residential uses, including co-housing projects. These areas shall be served by municipal sewer and water. Securing all appropriate and adequate services is a condition precedent to approval of development in these areas. This land-use designation promotes the infilling of development and provides for concentration of development in the downtown and adjacent areas.
(1) Principally Permitted Uses.
(a) Single-family dwelling, including a mobile or a manufactured home; (b) Rooming and boarding of not more than two persons not employed on the premises; (c) One home occupation;
(d) Keeping of no more than four household pets on each lot.; (e) ADUs and/or JADUs, in compliance with Section 18.25.350. (2) Conditionally Permitted Uses.
(a) Day care facilities;
(b) Live-work spaces in lieu of permissible single-family dwellings; Attachment 2 (08/22/23)
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(c) Satellite TV receiving dish (four feet diameter or larger); (d) Bed and breakfast inns;
(e) Rooming and boarding;
(f) A “granny” unit, not to exceed 1,200 square feet, or a second dwelling unit in lieu of a granny unit, where there exists a single-family dwelling, subject to the second dwelling unit ordinance and state law;
(gf) Residential care facilities;
(hg) Churches, libraries, schools.
(3) Other Regulations.
(a) Minimum lot area: 8,625 square feet;
(b) Minimum lot width: 60 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(f) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more or any two or more abutting parcels of less than 10 acres in the same ownership or under the same control totaling 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130; (g) Sidewalks are required.
[Ord. 179 § 4.03, 2001.]
Section 3. Section 18.20.040 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.040 Multifamily residential or MR zone.

The multifamily residential zone applies to properties designated on the zoning map where it is reasonable to permit multifamily medium-density apartment developments, mixed residential building types, and offices under certain circumstances. Developments in these areas shall be served by municipal water and sewer. Securing all appropriate and adequate water and sewer services is a condition precedent to approval of development in these areas. Adequate traffic capacity must also be demonstrated.
(1) Principally Permitted Uses.
(a) Single-family and multifamily dwellings, including shared living and cohousing facilities, live-work spaces, except mobile homes, mobile home parks, and live-work spaces;
(b) Tot lots;
Attachment 2 (08/22/23)
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(c) Home occupations;
(d) Keeping of not more than two household pets for each dwelling unit.; (e) ADUs and/or JADUs, in compliance with Section 18.25.350. (2) Conditionally Permitted Uses.
(a) Inns, bed and breakfast inns, boarding houses;
(b) Professional offices, provided they do not exceed 50 percent of a project’s total building floor area;
(c) Satellite TV receiving dish (four feet diameter or larger); (d) Churches, libraries, schools;
(e) Day-care center;
(f) Nursing homes, hospices, and convalescent hospitals. (3) Other Regulations.
(a) Minimum lot area: 5,800 square feet;
(b) Minimum lot width: 60 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 10 feet; side, five feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(f) Maximum residential density: one dwelling unit for each 5,800 square feet of land area;
(g) Useable open space: 15 percent of each lot shall be reserved, in addition to required yards and private patios/decks and parking, and in addition to any open space that may be set aside and not useable due to hazardous conditions in slopes, as open space; (h) Special yards for dwelling groups: the distance between separate buildings of a dwelling group shall be not less than 10 feet. The distance between the front of any dwelling unit in the group and any other building shall be not less than 20 feet. The distance between the front of the dwelling unit in the group and any side lot line shall not be less than 12 feet. All of the above distances shall be increased by two feet for each two feet that any building on the lot exceeds two stories;
(i) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130;
(j) Sidewalks are required.
[Ord. 179 § 4.04, 2001.]
Attachment 2 (08/22/23)
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Section 4. Section 18.20.050 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.050 Agriculture exclusive or AE zone.

The agriculture exclusive zone applies to properties designated on the zoning map where it is necessary to protect for agricultural uses. This designation applies to areas in which agriculture shall be the predominant use and in which the only other uses allowed are those which support the maintenance of agricultural lands in permanent agricultural production. (1) Principally Permitted Uses.
(a) Farming, dairying, grazing or breeding of cattle, horses, or sheep, raising, or keeping of poultry, fowl, rabbits, or goats or similar animals; (b) Crop, vine or truck farm, greenhouses constructed on nonpermanent foundations (e.g., perimeter foundations), horticulture;
(c) Farm and ranch buildings including stables, barns, pens, corrals, coops, windmills, silo;
(d) A single-family dwelling incidental to the agricultural use of the land, for the residence of the farmer or for employees engaged in agricultural use of land; (e) One ADU and/or one JADU, in compliance with Section 18.25.350; (ef) Roadside stands used for the sale of agricultural products provided the structures are temporary;
(fg) One home occupation;
(gh) Private wells and septic systems to support agricultural uses, when consistent with applicable health department regulations.
(2) Conditionally Permitted Uses.
(a) Hog farms, turkey farms, frog farms, and fur farms;. (b) Animal feed yards and sales yards;
(c) Riding stables to rent or board horses;
(d) Water storage tanks, reservoirs and distribution lines; (e) One second dwelling unit incidental to the agricultural use of the land, which may be a mobile or manufactured home, for the residence of the owner or lessee or for employees engaged in agricultural use of the land, not to exceed 1,200 square feet in area subject to the second dwelling unit ordinance and state law and only where there is an existing single-family home;
(fe) Scientific research and associated structures;
(gf) Wastewater ponds; spray irrigation;
(hg) Satellite TV receiving dish (four feet diameter or larger); (ih) Emergency services communications facilities of a limited nature.

Attachment 2 (08/22/23)
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(3) Other Regulations.
(a) Minimum lot area: 20 acres;
(b) Maximum lot depth: three times lot width;
(c) Minimum yards: front, 30 feet; rear, 20 feet; side, 10 feet; (d) Maximum building height: 35 feet. Farm outbuildings shall not be less than 20 feet from any dwelling unit. The planning commission may require a lesser height as provided in Section 18.25.150;
(e) Appropriate adequate water supply and septic capacity as well as adequate traffic capacity to support residential use without diminishing water supplies for agricultural uses shall be substantiated prior to approval of the CDP. [Ord. 179 § 4.05, 2001.]
Section 5. Section 18.20.060 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.060 Residential agriculture or RA-2 zone.

The residential agriculture zone applies to properties designated on the zoning map which are suitable for very low-density residential use and limited agricultural activities and contribute to maintaining the city’s rural and small-town character and small-scale agricultural activities. This land use designation also allows for buffer areas between exclusive agriculture areas and higher density residential areas. Septic systems and wells are permitted. (1) Principally Permitted Uses.
(a) Farming, dairying, grazing, breeding of cattle, horses, or sheep, raising or keeping of poultry, fowl, rabbits, or goats or similar animals;
(b) Crop, vine or truck farm, greenhouses constructed on nonpermanent foundations (e.g., perimeter foundations), horticulture;
(c) Accessory structures such as barns, pens, coops, stables, not used for commercial purposes;
(d) Windmills;
(e) Greenhouses and other nursery structures;
(f) One single-family dwelling, which may be a mobile home or a manufactured home; (g) One ADU and/or one JADU, in compliance with Section 18.25.350; (gh) One home occupation.
(2) Conditionally Permitted Uses.
(a) Water storage tanks, reservoirs, and water distribution lines; (b) Animal hospitals, kennels;
(c) Commercial stables;
Attachment 2 (08/22/23)
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(d) Satellite TV receiving dish (four feet diameter or larger); (e) Bed and breakfast activities within the principally-permitted residence; (f) One second dwelling unit or one live-work space or one “granny” unit not to exceed 1,200 square feet, subject to the second unit ordinance and state law and only where there is an existing single-family home;
(gf) Residential care facility.
(3) Other Regulations.
(a) Minimum lot area: two acres;
(b) Minimum lot width: 250 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided for in Section 18.25.150;
(f) Private wells and septic systems that are associated with any principally or conditionally permitted use must be consistent with applicable health department regulations. Appropriate adequate water supply and septic capacity as well as adequate traffic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(g) Adequate traffic capacity shall be substantiated prior to approval of any CDP. [Ord. 179 § 4.06, 2001.]
Section 6. Section 18.20.070 of Chapter 18.20, Regulations for the Principal Zones, is amended as follows:

18.20.070 Core commercial or C zone.

The commercial core zone is intended to be applied to properties so designated on the zoning map which are most suitable for the provision of goods and services for residents and visitors at a scale appropriate to the traditional small-scale downtown area. Development in these areas should promote commercial uses, offices, cultural activities, and urban housing while maintaining the city’s unique and historic small-town character. Connection to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate traffic capacity must be demonstrated prior to approval of development in these areas.
(1) Principally Permitted Uses.
(a) General retail goods and services including cafés and restaurants, delis, food stores, convenience sales, markets, bakeries, pharmacies;
Attachment 2 (08/22/23)
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(b) Personal and professional services including beauty and barber shops, self-service laundries, dry cleaners, tailors, travel agencies, real estate sales, fitness centers, dance studios;
(c) Offices, professional offices, banks, medical offices, and clinics; (d) Hardware, appliance, clothing, furniture, television and electronic stores, florists, video sales and rentals, antique and art galleries and sales, bookstores; (e) Libraries and art galleries;
(f) Public offices including public safety facilities, post office; (g) Visitor-serving facilities such as hotel, motel, inns, and hostel; (h) Churches;
(i) Existing dwellings and living quarters;
(j) ADUs and/or JADUs, in compliance with Section 18.25.350; (jk) Tot lots and mini parks;
(kl) Outdoor farmers’ market; flea market;
(lm) Vehicle service station;
(mn) Other small businesses when entirely enclosed and capable of emitting only minimum noise or pollutants, including, but not limited to, cabinet shops, plumbers, electricians, photographic and blueprint processing, print shops. (2) Conditionally Permitted Uses.
(a) Bars, restaurants with bars;
(b) Second-hand stores;
(c) Commercial and public off-street parking facilities; (d) Brew pubs;
(e) Small-scale vehicle repair and servicing;
(f) Animal clinics and hospitals;
(g) Theaters, commercial recreation facilities, and social halls; (h) Nursing homes and hospices;
(i) Emergency shelters and transitional housing;
(j) Temporary outdoor display and sale of locally-produced or -created arts and crafts; (k) Satellite TV receiving dish.
(3) Conditionally Permitted Dwelling Units. Dwelling units of any type and mixture, including live-work spaces, but excluding ADUs, JADUs, mobile home parks and mobile homes, provided that:

Attachment 2 (08/22/23)
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(a) the full amount of required off-street parking for each use or activity is provided on site or fees in lieu thereof are paid in accordance with the city’s zoning ordinance and schedule of fees in effect on the date of the use permit; (b) all yard, landscaping and screening requirements as set forth in the zoning ordinance are adhered to. The planning commission shall require that a comprehensive development plan be submitted for review and approval for any proposed development consisting of multiple mixed uses including live/work spaces.

The planning commission may deny applications for new dwelling units within the core area if a finding is made that such units will not advance the principal purposes of the downtown or are sighted or designed in a fashion that is incompatible with the city’s architectural design or historic preservation standards. The planning commission shall deny applications for new dwelling units within the core area for any inconsistency with the provisions of the LCP, including, but not limited to, a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.
(4) Other Regulations.
(a) Minimum yards: front, none, except that where frontage is partially in a residential zone, the front yard shall be the same as that required in such residential zone; rear, 15 feet; side, none, except that a side yard abutting a residential zone shall not be less than the front yard of such residential zone;
(b) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150;
(c) Sidewalks are required.
[Ord. 179 § 4.07, 2001.]
(iii) All yard, landscaping and screening requirements as set forth in this title are adhered to,
(iv) For each residential project at least 15 percent of the project area is set aside as permanent useable open space, which space shall be in addition to patios, decks, and yards,
(v) The project residential density is no greater than 15 dwelling units per acre, which requires that for each dwelling unit there must be at least 2,900 square feet of residential land area,
(vi) Connections to municipal water and sewer systems shall be required, and the availability of adequate municipal water and sewer systems shall be determined prior to approval of the permit.

The planning commission shall deny applications for new dwelling units within the highway commercial area for any inconsistency with the provisions of the LCP, including, but not limited to, a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.

Attachment 2 (08/22/23)
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(4) Other Regulations.
(a) Minimum lot area: 10,000 square feet;
(b) Minimum lot width: 100 feet;
(c) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (d) Maximum building height: 45 feet.
[Ord. 179 § 4.08, 2001.]
Section 7. A new Section 18.25.350 is added to Chapter 18.25, General Provisions and Exceptions, as follows:

18.25.350 Accessory Dwelling Units & Junior Accessory Dwelling Units (1) Purpose. This Article provides for the regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as required by Section 65852.2 and Section 65852.22 of the California Government Code, as amended. Section 65852.2 and Section 65852.22 establish specific requirements for the regulation of ADUs and JADUs with the goal of increasing statewide availability of smaller, more affordable housing units. In accordance with Section 65852.2, ADUs and JADUs are not considered new residential units for the purpose of calculating residential density. This Article is intended to protect coastal resources when regulating ADUs and JADUs, while also complying with the standards in Section 65852.2 and Section 65852.22 to the greatest extent feasible.
(2) Applicability. The provisions of this Article apply to all lots that are occupied with a legally established single‐family dwelling unit (or where a single-family dwelling is approved in conjunction with the ADU or JADU) and in zoning districts that allow an existing dwelling or single‐family dwelling as a principally permitted or conditionally permitted use. The provisions also apply in part to mixed‐use properties where multi‐family housing is legally established as required under Government Code Section 65852.2(e).
(3) Reporting. All owners of ADUs and JADUs established in accordance with this Chapter are required to report annually, or upon request by city, on whether each JADU and/or ADU is rented to a tenant qualifying as low-income or moderate income, or if the unit is occupied but not rented, or unoccupied.
(4) Permits Required. ADUs or JADUs may be permitted in any zone that allows residential uses as a permitted or conditional use. ADUs or JADUs may be permitted in accordance with one of the following determinations:
(a) Determined to be exempt from the requirement to obtain a coastal development permit pursuant to Section 18.30.110; or
(b) Determined to be excluded from the requirement to obtain a coastal development permit pursuant to Section 18.30.120; or
(c) Determined to require an administrative coastal development permit pursuant to Section

18.30.110.
(5) General Standards for all ADUs and JADUs.

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(a) An ADU and/or JADU shall only be permitted on a parcel that contains an existing single- or multi-family dwelling, or for which an application for a proposed single- or multi-family dwelling has been approved.
(b) A JADU may only be located within the walls of an existing single-family dwelling. (c) An ADU may be attached to an existing single- or multi-family dwelling or located in a detached, accessory structure.
(d) An existing accessory structure may be converted into an ADU consistent with the provisions of this Article.
(e) ADUs and JADUs may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence except when the primary dwelling and the ADU are built by a qualified non-profit corporation and the ADU will provide low-income housing in accordance with California Government Code Section 65852.26.
(f) ADUs and JADUs are intended to increase the supply of non-transient housing.

Restrictions regarding use of ADUs and/or JADUs as short-term rentals are as follows:
(i) ADUs and JADUs may be rented, but only with a rental agreement with terms greater than 30 days. ADUs and JADUs may not be used for short-term rentals. (ii) Prior to issuance of a building permit for an ADU or JADU, a deed restriction, approved by the city attorney, shall be recorded with the county recorder's office which shall identify the prohibitions on the use of an ADU or JADU for short-term rentals and all other pertinent restrictions. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. (6) Development standards for JADUs established within an existing or proposed residence.
(a) A JADU may only be established when either the single-family residence in which the JADU is created or the JADU will be occupied by the owner of the residence. (b) No more than one JADU may be located on a parcel.
(c) A JADU must be contained entirely within the walls of an existing single-family dwelling, including attached garage, or within the walls of a proposed single-family dwelling. An expansion of not more than 150 square feet may be permitted if necessary to accommodate ingress and egress to the JADU.
(d) The total floor space of a JADU shall not exceed 500 square feet. (e) A JADU may be located within an existing single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal nonconforming structure unless the conversion increases the non-conformity of the structure. (f) A separate entrance to the JADU shall be provided.
(g) A JADU may share a bath with the single-family dwelling or have its own bath.

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(h) A JADU is required to include an efficiency kitchen which shall include a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to the size of the unit.
(i) For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.
(7) Development standards for ADUs.
(a) No more than one ADU may be located on a property except on properties with zoning classifications that allow multi-family uses and which have existing or proposed multifamily dwellings. On such properties, multiple ADUs up to 25 percent of the existing multi-family dwelling units may be allowed within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If the ADUs are detached from the multi-family dwelling, a maximum of two detached ADUs may be permitted. (b) ADUs shall conform to height, setback and other zoning requirements generally applicable to residential construction within the zone in which the ADU is located except that:
(i) an existing, legally-authorized accessory structure which does not meet setback requirements may be converted to an ADU or reconstructed to the same dimensions and converted to an ADU, and
(ii) a setback of four (4) feet from the rear and side property lot lines is the maximum that shall be required for an ADU, unless a greater setback distance is required in order to meet fire and safety requirements, and
(iii) an ADU of up to 800 square feet in floor area and 18 feet in height shall not be precluded if it cannot meet front setback, lot coverage and other zoning requirements.
(c) The floor area of a detached ADU may not exceed 1,200 square feet. (d) The floor area of an attached ADU may not exceed 1,200 square feet or 50 percent of the floor area of the existing or proposed single-family dwelling, whichever is less. However, in no instance shall the floor area of an attached ADU that provides more than one bedroom be restricted to less than 1,000 square feet nor shall the floor area of an attached ADU that provides one bedroom or less be restricted to less than 850 square feet. (8) Parking requirements for ADUs and JADUs.
(a) No parking is required for a JADU or for an ADU that is part of the proposed or existing primary residence or an accessory structure or where the ADU is located within one-half mile walking distance of public transit.
(b) No more than one parking space shall be required for an ADU, regardless of the number of bedrooms.
(c) Tandem parking shall be permitted.

Attachment 2 (08/22/23)
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(d) When a garage, carport or covered parking structure is either converted to an ADU or demolished in conjunction with construction of an ADU, replacement of those off-street parking spaces for the primary unit shall not be required. (9) Coastal Resource Protections for ADUs and JADUs.
(a) ADUs and JADUs may not be located within 100 feet of the boundary of an Environmentally Sensitive Habitat Area (ESHA) unless contained entirely within a legally authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU (well, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) must also be located more than 100 feet from the boundary of an Environmentally Sensitive Habitat Area. An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the development is consistent with the standards established in Chapter 18.25.220, 18.25.230 and 18.25.240.
(b) ADUs and JADUs may not be located within 125 feet of the edge of a coastal bluff unless contained entirely within a legally-authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code.

All new development associated with an ADU or JADU must also be located more than 125 feet from the edge of a coastal bluff. An exception to these requirements may be authorized through the administrative coastal development permit process where the development is consistent with the standards established in Section 18.25.210. (c) ADUs that are visible from a public viewpoint to and/or along the coast shall be of a similar architectural style, building materials and colors as the primary residence on the property.
(d) An ADU that requires excavation of more than 50 cubic yards of material, shall require an administrative coastal development permit process in order to determine consistency with standards established in Sections 18.25.200 and 18.25.340. (e) The following standards are established for the protection of agricultural resources on parcels zoned Agriculture Exclusive ("AE"):
(i) A detached ADU may only be permitted if it is located within 500 feet of the existing or proposed primary dwelling. An ADU established within an accessory structure existing as of the effective date of the ordinance establishing these requirements is exempt from this requirement.
(ii) Development associated with (wells, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) shall not encroach beyond the existing residential development footprint onto lands suitable for agriculture. (iii) An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the applicant can demonstrate that the ADU will not impact the long-term productivity of the agricultural land.

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(f) An ADU may not interfere with any public right of access to and/or along the coast, or public trails.
(g) An ADU may not be permitted in an area mapped as a "natural hazards" area on the LCP Opportunities & Constraints Map unless a report, prepared by a licensed engineer can demonstrate that the proposed development is consistent with the standards established in Sections 18.25.200 and 18.25.210.
(h) An ADU may not be permitted on a property with known archaeological resources unless an administrative coastal development permit is applied for and received and where reasonable mitigation measures shall be employed to protect archaeological resources. (10) Water and Sewer/Septic Availability for ADUs and JADUs (a) No additional studies are required for development of a JADU and/or ADU that is connected to the City of Point Arena wastewater system and the Point Arena Water Works water system.
(b) For properties not connected to the City of Point Arena wastewater system, JADUs that will result in the creation of an additional bedroom and all ADUs, the applicant must submit a percolation test from a licensed on-site wastewater disposal system designer (performed within 5 years, or for a re-certified test, within 10 years) demonstrating that the existing septic system has sufficient capacity to handle the increased demand. If septic system improvements are needed, such improvements shall be subject to all requirements of this Article.
(c) Prior to approval of an ADU that relies on an on-site well, the applicant must submit documentation from a licensed well driller documenting sufficient water production and/or storage to meet the demands of the ADU consistent with the requirements of the Mendocino County Department of Environmental Health. If a new well and/or water storage facility are needed, such improvements shall be subject to all requirements of this Article.
(11) Protection of Historic Resources. Improvements associated with ADUs and JADUs located on historic properties as defined in Section 18.25.060 must be designed to complement the architectural design of the historic structure(s) on the property. Exterior materials and colors shall be selected for compatibility with the natural- and man-made setting.

Section 8. Section 18.30.070 of Chapter 18.30, Procedures and Administration, is amended as follows:

18.30.070 Required hearings.

The planning commission shall consider all applications for variances, conditional use permits, coastal development permits, and design review approval.

At least one public hearing shall be held on each application for a variance, conditional use permit, design review or coastal development permit, thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. Where a development involves applications for a combination of permits, the required hearings may be scheduled concurrently. No hearing shall be required for coastal Attachment 2 (08/22/23)
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development permit applications for second dwelling units proposed in UR, SR, and RA zones ADUs and JADUs or administrative permits for signs.

Hearings will be set for the earliest available meetings, satisfying the requirements of Section 18.30.220 and any other county, state or federal agency minimum noticing requirements.

At the public hearings, the planning commission shall hear any person interested in the proposal.

The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. The hearings may be continued from time to time provided that the notice of the time of the continued public hearing shall be distributed to the persons and in the manner provided for in Section 18.30.220.

An applicant’s request for postponement, shall be granted at the city’s discretion. The city shall, to the extent feasible, notify all persons the city knows to be interested in the public hearing of the postponement. The city shall not grant a request for postponement unless it determines that sufficient time remains under applicable deadlines for its action on the application.

Any request for postponement of a hearing by the applicant shall be in writing or stated on the record in a planning commission or city council meeting and shall include a waiver of any applicable time limits for city action on the application. Where a request for postponement is granted pursuant to this section, the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of Section 18.30.220.

The 180-day time period described in Section 65950 of the Government Code may be extended once for a period not to exceed 90 days with the written consent of the applicant and the city. [Ord. 179 § 6.07, 2001.]
Section 9. Section 18.30.110 of Chapter 18.30, Procedures and Administration, is amended as follows:

18.30.110 Coastal development permits.
(1) Permit—When Required. In conformance with Section 30600 of the California Coastal Act, in addition to any other approval or permit required under this title, and as specifically excluded in subsection (2), a coastal development permit shall be required for any use, building or other development, as defined in California Coastal Act Code Section 30106, except as specifically exempted in Section 18.30.110 or excluded in Section 18.30.120.

Each coastal development permit application shall be submitted with all of the application requirements contained in relevant sections of Chapter 18.30 and all other applicable provisions in the subject development’s zoning district.

Coastal development permits for ADUs and/or JADUs shall not require a public hearing and shall be subject to the streamlined administrative process established in Section 18.30.235. (2) Developments Not Requiring a Permit. The following categories of development shall not require a coastal development permit, but shall not occur where prohibited by this title:
(a) Improvements to existing single-family residences except as noted in subsection (a)(i).

For purposes of this section, the term “improvements to existing single-family residences” includes all fixtures and structures directly attached to the residence and Attachment 2 (08/22/23)
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those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory self-contained residential units.

The exemption shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:
(i) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff;
(ii) Any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas; (iii) The expansion or construction of water wells or septic systems; (iv) On property not included in subsection (2)(a) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the city or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks;
(v) In areas which the city or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system;
(vi) Any improvement to a single-family residence where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or city indicated that any future improvements would require a development permit.
(b) Improvements to any structure other than a single-family residence or a public works facility except as noted in subsection (b)(iii). For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
(i) All fixtures and other structures directly attached to the structure; (ii) Landscaping on the lot;
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(iii) The exemption in subsection (b)(i) shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP:

1. Improvement to any structure if the structure or the improvement is located:
on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; or within 50 feet of the edge of a coastal bluff,

2. Any significant alteration of landforms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, or in an environmentally sensitive habitat area,

3. The expansion or construction of water wells or septic systems,

4. On property not included in subsection (b)(iii)(1) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the LUP, an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to subsection (b) or Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure,

5. In areas which the city or the Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system,

6. Any improvement to a structure where the coastal development permit issued for the original structure by the city or the Coastal Commission indicated that any future improvements would require a development permit,

7. Any improvement to a structure which changes the intensity of use of the structure,

8. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.
(c) Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

Attachment 2 (08/22/23)
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(d) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, except as provided in subsection (e).
(i) The exemption shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:

1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures, b. The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works,
c. The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind, or
d. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams;

2. Any method of routine maintenance dredging that involves:
a. The dredging of 100,000 cubic yards or more within a 12-month period, b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams, or
c. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the city or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use;

3. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
a. The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials, b. The presence, whether temporary or permanent, of mechanized equipment or construction materials;
Attachment 2 (08/22/23)
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4. All repair and maintenance activities governed by these provisions shall be subject to the LCP permit regulations. These provisions shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean;

5. Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, (as measured by 50 percent of the exterior walls), seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit;

6. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, however, that the city may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources;

7. a. The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure.
b. As used in this subdivision:
“Bulk” means total interior cubic volume as measured from the exterior surface of the structure.
“Disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner. “Structure” includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

8. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision.
[Ord. 179 § 6.11, 2001.]
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Section 10. Section 18.30.150 of Chapter 18.30, Procedures and Administration, Article II Permits, is amended as follows:

18.30.150 Sign permits Coastal development permits for signs, ADUs and JADUs— Streamlined administrative process.
(1) Coastal development permit applications for signs which may be found categorically exempt under CEQA guidelines shall be granted under the administrative process set forth in Section 18.30.230 except that local actions on coastal development permit applications for signs that are appealable to the Coastal Commission shall be subject to the hearing process set forth under Section 18.30.220. Coastal development permit applications for signs which are not found to be categorically exempt from CEQA shall also be subject to the hearing process set forth under Section 18.30.220. [Ord. 179 § 6.11, 2001.]
(2) Coastal development permits for ADUs and/or JADUs shall be granted under the administrative process set forth in Section 18.30.235.

Section 11. Section 18.30.190 of Chapter 18.30, Procedures and Administration, Article II Permits, is amended as follows:

18.30.190 Appeals for local actions on coastal development permit applications. (1) Planning Commission Actions Appealable. An action taken by the planning commission on a coastal development permit application may be appealed to the city council within 10 working days of such action.
(2) Administrative Actions on ADUs. An action taken by the city manager or his/her designee on a coastal development permit application for an ADU and/or JADU may not be appealed to the city council. If the ADU and/or JADU is located within the Coastal Commission's appeal jurisdiction, the coastal development permit may be appealed to the Coastal Commission if an appeal is filed with the Coastal Commission within the ten (10) working day appeal period.
(2) (3) Filing Requirements. Coastal development permit appeals to the planning commission or city council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the city clerk within the appeal period provided in Section 18.30.100. There shall be no fee for filing an appeal. The city clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he or she could not attend the hearings or submit written comments. (3) (4) Notice of a Public Hearing. A public hearing shall be conducted on all appeals.

The notice and conduct of hearings by the appellate body shall be governed by the provisions of Sections 18.30.200 through 18.30.220, and shall conform to the manner in which the original notice was given and the original hearings were conducted, if any. (4) (5) Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from Attachment 2 (08/22/23)
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time to time. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the appellate body. (5) (6) Failure of Appellate Body to Act. Failure of the appellate body to act within the time specified shall be deemed concurrence with the previous decision rendered. (6) (7) Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to ensure conformance with this title and the Point Arena general plan. The appellate body shall make a written determination of its decision together with its findings in support of the decision.
(7) (8) Finality of City Action. A local decision on an application for a coastal development permit shall not be deemed complete until: (a) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and (b) when all local rights of appeal have been exhausted as defined in Title 14 CCR 13573.
(8) (9) Final City Action—Notice.
(a) Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven calendar days of the city completing its review and meeting the requirements of subsection (7)(8), the city shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action.

Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission. (b) Failure to Act—Notice.
(i) Notification by Applicant. If the city has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the local government and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. (ii) Notification by City. When the city determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to subsection (8)(9)(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and the application may be appealed to the Coastal Commission pursuant to Title 14 CCR Section 13110 et seq. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)
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(9) (10) City Action—Effective Date. The city’s final decision on an application for an appealable coastal development permit shall become effective after the 10-working day appeal period to the Coastal Commission has expired unless either of the following occur:
(a) An appeal is filed in accordance with Title 14 CCR Section 13111; (b) The notice of final local government action does not meet the requirements of subsection (8) (9).

When either of the circumstances in subsections (9)(10)(a) and (b) occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended. [Ord. 179 § 6.16.5, 2001.]
Section 12. Section 18.30.220 of Chapter 18.30, Procedures and Administration, Article III Applications and Notifications, is amended as follows:

18.30.220 Hearing notification requirements.
(1) For actions initiated by one or more property owners for a variance, conditional use, coastal development permit, or appeal from any of the foregoing, the following notification shall be required:
(a) City Notice of a Public Hearing for Variances, Conditional Use Permits, or Appeals for Local Actions on Items Other Than Coastal Development Permits. The notice shall indicate the date that an application has been filed, the number assigned to the application, and the applicant’s name, a description of the development and its proposed location, and the date, time and place of the hearing, a brief description of the general procedure of local government concerning the conduct of hearing and local actions, the system for local and Coastal Commission appeals, including local fees required. The notice shall be prepared by the city clerk.
(b) City Notice of a Public Hearing of Coastal Development Permit Applications Appealable to the Coastal Commission. Within 10 calendar days of accepting an application for an appealable coastal development permit or at least seven calendar days prior to the first public hearing on the development proposal, the city shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Coastal Commission. The notice shall contain the following information:
(i) A statement that the development is within the coastal zone; (ii) The date of filing of the application and the name of the applicant; (iii) The number assigned to the application;
(iv) A description of the development and its proposed location; Attachment 2 (08/22/23)
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(v) The date, time and place at which the application will be heard by the local governing body or hearing officer;
(vi) A brief description of the general procedure of local government concerning the conduct of hearing and local actions;
(vii) The system for local and Coastal Commission appeals, including any local fees required.
(c) City Notice of a Public Hearing for Coastal Development Permits Not Appealable to the Coastal Commission.
(i) Notice of public hearings for coastal development permits not appealable to the Coastal Commission but that do require a public hearing shall provide at a minimum:
notice of developments shall be given at least 10 calendar days before the hearing in the following manner:

1. If the matter is heard by the planning commission notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction;

2. Notice by first class mail to any person who has filed a written request therefor;

3. Notice by first class mail to property owners within 300 feet;

4. Notice by first class mail to residents within 100 feet of the proposed project;

5. Notice by first class mail to the Coastal Commission;

6. The notice shall contain a statement that the proposed development is within the coastal zone. The city may, instead, elect to provide notice in accordance with subsection (1)(b).
(ii) Notice of developments which are not appealable to the Coastal Commission and which do not require a public hearing (and which are not categorically excluded) shall be provided as follows: within 10 calendar days of accepting an application for a nonappealable coastal development permit or at least seven calendar days prior to the local decision on the application, the city shall provide notice, by first class mail, of pending development approval. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the city, to all property owners or residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information:

1. A statement that the development is within the coastal zone;

2. The date of filing of the application and the name of the applicant;

3. The number assigned to the application;

4. A description of development and its proposed location;

5. The date the application will be acted upon by the city or decision-maker; Attachment 2 (08/22/23)
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6. The general procedure of the city concerning submission of public comments either in writing or orally prior to the decision;

7. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision. (d) City Notice of Pending Administrative Approval of a Coastal Development Permit for an ADU and/or JADU.
(i) At least ten calendar days prior to the local decision on the application, the city shall provide notice, by first class mail, of pending development approval. This notice shall be provided to:

1. All persons who have requested to be on the mailing list for that development project or for coastal decisions within the city;

2. All property owners within 300 feet of the perimeter of the parcel on which the development is proposed;

3. Residents within 100 feet of the proposed project; and

4. The Coastal Commission.
(ii) The notice shall contain the following information:

1. A statement that the development is within the coastal zone;

2. The date of filing of the application and the name of the applicant;

3. The number assigned to the application;

4. A description of development and its proposed location;

5. A statement that the application is not subject to the requirement for a public hearing; and

6. The date the application will be acted upon by the city manager. (d) (e) Local Noticing Requirements by Applicant. The applicant shall furnish to the city clerk one stamped envelope addressed to the owner of each parcel of record within 300 feet of each boundary of the subject property for application. The applicant shall ascertain the names and addresses of the owners from the latest equalized assessment roll of the county assessor, or any other records of the county assessor or tax collector which contain more recent information than the assessment roll.

Between the time the application is accepted for filing and the date when notices must be mailed, the applicant must post two notices, at a conspicuous place, easily read by the public, and as close as possible to the subject property. The city shall furnish the applicant with a standardized form to be used for such posting.

If the applicant fails to so post the notice form, distribute notices, or to sign the declaration of posting and distribution no less than 10 days prior to a hearing, or it is determined that the application is incomplete, the city clerk shall withdraw the application from consideration and shall not mail out the hearing notices.

Attachment 2 (08/22/23)
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(2) Determination of Applicable Notice and Hearing Procedures for Local Action on Coastal Development Permits. The determination of whether a development is categorically excluded from coastal development permitting requirements, nonappealable or appealable to the Coastal Commission for purposes of notice, hearing and appeals procedures shall be made by the city at the time the application for development is submitted. This determination shall be made with reference to the certified local coastal program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the local coastal program.

Where an applicant, interested person, or the city has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, nonappealable or appealable:
(a) The city shall make its determination as to what type of development is being proposed (i.e., categorically excluded, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in city procedures;
(b) If the determination of the city is challenged by the applicant or an interested person, or if the city wishes to have a Coastal Commission determination as to the appropriate designation, the city shall notify the Commission by telephone of the dispute/question and shall request an executive director’s opinion;
(c) The executive director shall, within two working days of the city request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable or appealable;
(d) Where, after the executive director’s investigation, the executive director’s determination is not in accordance with the local government determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area.

The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the city request.
(3) Notice and Hearings for General Plan and Zoning Amendments. For actions associated with amendments to the zoning ordinance, zoning map, or general plan, the planning commission shall review and recommend action on the proposed amendment(s). The planning commission shall hold at least one public hearing before approving a recommendation. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation.

And, if the proposed zoning ordinance amendment affects the permitted uses of real property, or if the proposed general plan amendment affects the permitted uses or intensity of uses of real property, notice shall also be given pursuant to subsection (1) of this section.

After a hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation. The city council may approve, modify or disapprove the recommendation of the Attachment 2 (08/22/23)
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planning commission; provided that any modification of the proposed ordinance or general plan amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification.

Before approval of any LCP amendment, the city council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 of the California Coastal Act.

Any amendment approved by the city shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of Title 14 of the California Code of Regulations.

An amendment to the Coastal Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq., of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to Chapter 6, Article 2, of the California Coastal Act.
(4) California Environmental Quality Act (CEQA). If CEQA requires a public review period, then the proposed CEQA action will be included in the hearing notices for permit applications. If the public review period for the proposed CEQA action is a greater period of time than what is required for the hearing notices as described in subsections (1) and (2) of this section, then the public review period shall conform to the CEQA requirements. [Ord. 179 § 6.19, 2001.] Section 13. A new Section 18.30.235 is added to Chapter 18.30, Procedures and Administration, Article III, Applications and Notifications, as follows:

18.30.235 - Streamlined administrative process for ADUs and/or JADUs.

Upon submission and acceptance of the prescribed application form and fees, an application for a ADU and/or JADU and associated physical development shall be processed as follows:
(1) City planner shall determine if the ADU and/or JADU is consistent with the requirements of Section 18.25.350 and specifically exempted or excluded from requirement to obtain a coastal development permit in accordance with Section 18.30.110 or Section 18.30.120. If proposed development is exempted or excluded, a certificate of exemption or exclusion shall be issued by city planner and applicant can proceed with filing of a building permit application. If the proposed development is not exempted or excluded, a coastal development permit is required. (2) For an ADU and/or JADU that requires a coastal development permit, the city manager or his/her designee shall act on the coastal development permit application without the requirement of a public hearing. A notice of intent to approve a coastal development permit shall be issued in accordance with the standards established in Section 18.30.220. (3) For applications to create an ADU and/or JADU where the proposed work is consistent with the objective standards established in Section 18.25.350, action shall be taken within sixty (60) days of filing of a complete application for a coastal development permit exemption, categorical Attachment 2 (08/22/23)
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exclusion or coastal development permit. The 60-day time period for acting on a complete application for an ADU and/or JADU submitted with a permit application for a proposed singlefamily dwelling shall not commence until after the application for the single-family dwelling has been acted on and all appeal periods have ended.
(4) For applications to create an ADU and/or JADU where the proposed work is not consistent with the objective standards established in Section 18.25.350(9) and an exception is requested consistent with the process and standards cited in Section 18.25.350(9), the timeframes prescribed in subsection (3) above shall not apply. The application shall be administratively approved, conditionally approved or denied by the city manager or his/her designee based on findings and, if necessary, conditions. A public hearing shall not be required. (5) Coastal development permits for ADUs and/or JADUs approved by the city manager or his/her designee are not appealable to the city council. (6) Any coastal development permit approved by the city manager or his/her designee for an ADU and/or JADU located in an area within the appeal jurisdiction of the Coastal Commission shall contain a statement that the permit will not be effective until the appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission.

Section 14. Appendix A, Supplementary Definitions, is amended to add, delete or modify the following definitions:

Accessory Dwelling Unit or "ADU". An attached or detached residential dwelling in compliance with Section 18.25.350, which provides complete independent living facilities for one (1) or more persons, and includes separate permanent provisions for entry, living, sleeping, eating, cooking and sanitation on the same parcel as a proposed or existing single-family or multi-family dwelling.

Density. For housing, density is the number of permanent residential dwelling units per gross amount of land. All densities specified in the General Plan are expressed in maximum number of units per gross acre or square feet. Density can be controlled through zoning in the following ways: minimum lot-size requirements, floor area ration, land use-intensity ratio, setback and yard requirements, minimum house-size requirements, ratios comparing number and types of housing units to land area, limits on units per acre, and other means. Maximum allowable density often serves as the major distinction between residential districts. ADUs and JADUs are not considered to be dwelling units for the purpose of density calculations.

Efficiency Kitchen. A small food preparation area for a JADU that includes: a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU.

Granny Unit. A dwelling unit for the sole occupancy of one adult or two adult persons who are age 62 of age or over. The area of floor space, in the case of an attached unit, may not exceed 30% of the existing living area; the area of floor space of a detached "granny unit" may not exceed 1200 square feet. "Granny units" are authorized by and subject to Section 65852.1 of the California Government Code and are subject to coastal development permitting requirements.

Attachment 2 (08/22/23)
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Junior Accessory Dwelling Unit or "JADU". A living space not exceeding five hundred (500) square feet in size and contained entirely within an existing or proposed single-family dwelling.

A JADU shall include a separate entrance from the main entry to the single-family dwelling, an efficiency kitchen, and may include separate sanitation facilities or share sanitation facilities with the existing single-family dwelling.

Second Dwelling Unit. A technical term defined in the California Government Code (Section 65252.150 - 65852.2) referring to legal second residential units in residential zones on existing lots that contain an existing single-family dwelling that conforms to all local codes, which second unit may be rented but not sold and must not exceed in floor area 30% of an existing living area if attached, or exceed 1200 square feet of floor area if a detached structure.

Section 15. CEQA. This ordinance is statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code section 21080.17 which exempts adoption of an ordinance by a city or county to implement the provisions of Government Codes Sections 65852.1 or 65852.2.

Section 16. This ordinance shall become effective upon certification by the California Coastal Commission.

This ordinance was introduced by the City Council of the City of Point Arena, County of Mendocino, at a regular meeting thereof on the 22nd day of August, 2023 and passed and adopted on the ____ day of ____, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

SO ORDERED ATTEST
____________________ ____________________
Barbara Burkey, Mayor Paul Andersen, City Clerk

ATTACHMENT 3
This DRAFT RESOLUTION is to be adopted concurrently with the Council's final acBon to adopt the zoning ordinance amendment (OA #2023-01) pertaining to Accessory Dwelling Units. - 1 -
RESOLUTION NO. 2023-16

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POINT ARENA

ADOPTING AN AMENDMENT TO THE POINT ARENA GENERAL
PLAN/LOCAL COASTAL PLAN (GP #2023-01) AND AUTHORIZING

SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT (LCP
#1-23) APPLICATION TO THE CALIFORNIA COASTAL COMMISSION

UPDATING THE CITY'S ACCESSORY DWELLING UNIT REGULATIONS AND CONSISTING OF GP #2023-01 AND AN AMENDMENT TO THE
POINT ARENA ZONING CODE (TITLE 18 OF THE POINT ARENA
MUNICIPAL CODE) (OA #2023-01)
WHEREAS, the City of Point Arena (City) desires to amend its certified Local Coastal Program (LCP) to address recent changes in State housing law pertaining to development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and
WHEREAS, on December 15, 2020, following properly noticed public hearings held on April 14, 2020, April 28, 2020, and December 15, 2020, the Point Arena City Council adopted Resolution No. 2020-33 authorizing submittal of a Local Coastal Program Amendment (LCP #1-20) to the California Coastal Commission in order to update the Point Arena General Plan/Local Coastal Plan and the Point Arena Zoning Code (OA/GP #2019-01) policies and regulations pertaining to ADUs and JADUs; and WHEREAS, the City submitted an LCP Amendment application and it was received by the California Coastal Commission on February 26, 2021 (LCP-1-PTA-21- 0029-1); and
WHEREAS, the City subsequently received a grant from the State of California Department of Housing & Community Development to update the City's General Plan/Local Coastal Plan and Zoning Code to address other requirements of State housing law and policies of the City's Housing Element and those updates necessitate revisions to the ADU and JADU regulations presented in LCP-1-PTA-21-0029-1; and WHEREAS, the City wishes to withdraw LCP-1-PTA-21-0029-1 and resubmit an LCP Amendment application consisting of amendments to the Point Arena General Plan/Local Coastal Plan (GP #2023-01) which are attached to this Resolution as Exhibit Aand incorporated herein by reference, and amendments to the Point Arena Zoning Code (OA #2023-01) which are attached to this Resolution as Exhibit B and incorporated herein by reference; and
A,achment 3 (08-22-23)
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WHEREAS, the legislature of the State of California has found that certain classes of projects are exempt from the California Environmental Quality Act, including, pursuant to Public Resources Code Section 21080.17, the adoption of an ordinance to implement the provisions of Gov't. Code Sections 65852.1 or 65852.2 regulating the construction of dwelling units and ADUs; and
WHEREAS, pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; CEQA) does not apply to activities and approvals by a local government as necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal act (Public Resources Code Section 30000 et seq.), and as provided by Section 15265 of the CEQA Guidelines (14 Cal. Code Regs, Section 15000 et seq.), the burden of CEQA compliance for local coastal programs is shifted from the City to the California Coastal Commission; and
WHEREAS, in accordance with applicable provisions of law, the Point Arena City Council held a properly noticed public hearing on August 22, 2023, for the LCP Amendment (LCP #1-23), at which time the City Council heard and received all relevant testimony and evidence presented orally or in writing regarding the LCP Amendment; and WHEREAS, the City of Point Arena held properly noticed public meetings on July 26, 2022, October 18, 2022, December 13, 2022, February 7, 2023, and May 9, 2023, and a properly noticed public hearing was held on August 22, 2023 for the LCP Amendment at which time the City Council introduced by title only and waived full reading of the text, an ordinance amending the Point Arena Zoning Code (OA #2023-01) to update the City's regulations for ADUs; and
WHEREAS, at a properly noticed public meeting on ______, 2023, the City Council waived the second reading of OA #2023-01 and adopted the ordinance amending the Point Arena Zoning Code to update the City's regulations for ADUs; and WHEREAS, the City Council has had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the City Council regarding the LCP Amendment (LCP #1-23).

NOW, THEREFORE, LET IT BE RESOLVED that the Point Arena City Council makes the following findings regarding LCP Amendment LCP #1-23:

1. The City of Point Arena 2019-2027 Housing Element Update encourages the development of an adequate supply of housing to meet the diverse needs of City residents and Program 1-3.1 calls for an update of the City's Accessory Dwelling Unit regulations to comply with State housing laws.

2. The LCP Amendment is consistent with the 2006 Point Arena General Plan, as well as the 2019-2027 Housing Element.

3. The LCP Amendment aligns with the City's intention of encouraging and facilitating the development of an adequate supply of housing for all income groups.

A,achment 3 (08-22-23)
- 3 -

4. The LCP Amendment is intended to be carried out in a manner fully in conformity with the Coastal Act; and

5. The LCP Amendment is not subject to CEQA pursuant to Public Resources Code Section 21087.17; and

6. The LCP Amendment) is not subject to CEQA pursuant to Public Resources Code Section 21080.9, and as provided by Section 15265 of the CEQA Guidelines (14 Cal. Code Regs, Section 15000 et seq.), the burden of CEQA compliance for local coastal programs is shifted from the County to the California Coastal Commission.

BE IT FURTHER RESOLVED that the City Council hereby rescinds Resolution No. 2020-33 and all actions taken on the previous LCP Amendment (LCP #1-20 and OA/GP #2019-01), and withdraws the LCP Amendment application that was submitted to the Coastal Commission on February 26, 2021 (LCP-1-PTA-21-0029-1); and BE IT FURTHER RESOLVED that the City Council hereby approves, for Coastal Act purposes, the amendments to the Point Arena General Plan/Local Coastal Plan (GP #2023-01) attached to this Resolution as Exhibit A; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to submit to the California Coastal Commission for certification, the LCP Amendment for ADUs (LCP #1-23) which is comprised of the General Plan/Local Coastal Plan amendments (GP #2023-01) presented in Exhibit A to this Resolution and incorporated herein by reference, and the Zoning Code/Implementation Plan amendments (OA#2023-01) as presented in Exhibit B to this Resolution and incorporated herein by reference; and
BE IT FURTHER RESOLVED that LCP Amendment (LCP #1-23) shall take effect automatically upon Coastal Commission certification pursuant to Public Resources Code Section 30512, 30513, and 30519; and
BE IT FURTHER RESOLVED that the City Council designates the Point Arena City Clerk as the custodian of the documents and other materials which constitutes the record of proceedings upon which the City Council's decision herein is based. These documents may be found at Point Arena City Hall, 451 School Street, Point Arena, California, 95468.

PASSED AND ADOPTED. The foregoing Resolution No. 2023-16 was passed and adopted at a regular meeting of the Point Arena City Council on the 22nd day of August 2023, by the following roll call vote. Motion by ______, Seconded by ______.

Ayes:

Noes:

Absent:

A,achment 3 (08-22-23)
- 4 -
Abstain:

APPROVED: ATTEST:
________________ _________________
Barbara Burkey, Mayor Paul Andersen, City Clerk
Exhibits:

A. General Plan Amendment GP #2023-01 - Point Arena General Plan/Local Coastal Plan Amendments for ADUs/JADUs
B. Ordinance Amendment OA #2023-01 - Point Arena Zoning Code/Implementation Plan Amendments for ADUs/JADUs

CITY OF POINT ARENA
451 School St. | PO Box 67 | Point Arena, CA 95468
(707) 882-2122 | pointarena.ca.gov

NOTICE OF PUBLIC HEARING FOR PROPOSED LOCAL COASTAL PROGRAM (LCP)

AMENDMENT UPDATING CITY OF POINT ARENA GENERAL PLAN POLICIES AND

ZONING CODE REGULATIONS FOR ACCESSORY DWELLING UNITS
NOTICE IS HEREBY GIVEN that the Point Arena City Council will conduct a public hearing at City Hall, 451 School Street, Point Arena, CA, and via Zoom on Tuesday, August 22, 2023 at 6:00 p.m., or as soon thereafter as possible, on the following:

CASE: LCP #1-23; GP #2023-01; OA #2023-01
APPLICANT: City of Point Arena
REQUEST: Consider proposed amendments to City of Point Arena Local Coastal Program to regulate Accessory Dwelling Units (ADUs) in compliance with recent State legislation codified in Gov. Code Section 65852.2. Recommended actions: (1) Adopt resolution withdrawing LCP Amendment application previously submitted to California Coastal Commission (LCP-1-PTA-21-0029-1), approving amendments to the Point Arena General Plan/Local Coastal Plan (GP #2023-01), and authorizing submittal of updated LCP Amendment application; and (2) Introduce by title only and waive full reading of the text, an ordinance amending the Point Arena Zoning Code (OA #2023-01) to update regulations for ADUs.

LOCATION: Within the City of Point Arena boundaries (all of which is within the Coastal Zone).

PUBLIC HEARING DATE: August 22, 2023
ENVIRONMENTAL DETERMINATION: Statutory Exemption pursuant to Public Resources Code section 21080.17.

The Point Arena City Council is soliciting your input. All interested parties are invited to attend and be heard at this time. 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. 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, CA 95468
City Hall Location: 451 School Street, Point Arena, CA 95468 Telephone: 707 882-2122
Website: https://pointarena.ca.gov
Paul Andersen
City Manager/City Clerk
Date: July 27, 2023