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;
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.
Chapter 18.35 (10/24/23 Draft)
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; Ord. ___ § 7.06, 2023.]
18.30.120 18.35.125 Categorical exclusion.
(1) Geographical Area. Categorical Exclusion Order No. E-81-3 issued by the Commission on May 6, 1981 is intended to exempt from coastal permit requirements the following defined categories of developments within all zones of the city of Point Arena except as provided in this section.
(2) Categories of Development.
(a) Except in areas seaward of the first public road, construction of accessory structures or buildings of less than 500 square feet in floor area and less than 15 feet in height, changes in landscaping and site excavation or filling more than 100 feet from any perennial stream or mean high tide line which will not change the existing elevation more than two feet at any point.
“Accessory structure or building” means a detached and subordinate building or structure, other than a sign, or the use of which is incidental to that of a main building or use on that lot. On any lot on which is located a dwelling, any building or structure which is incidental to the conducting of any agricultural use. (b) Except in designated riparian corridors or unstable areas identified in the LCP:
(i) Fences up to six feet and freestanding masonry walls up to 36 inches in height; (ii) Standard electroliers not over 35 feet in height above finish grade; (iii) Temporary structures build in conjunction with special events. (c) Any construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure less than any of the following criteria:
(i) Curbs, retaining walls and planter boxes up to 18 inches in height; (ii) A small tool or storage cabinet with not more than 100 square feet of projected roof area. Multiple cabinets shall require approval. Lot line setbacks are to be observed. (d) Except within a geologically unstable area or area within 100 feet of the Hathaway Creek Fault, discussed in Section 18.25.200, or a riparian buffer area described in Chapter 18.35 (10/24/23 Draft)
Section 18.25.220 (the geologic and riparian areas are clearly designated in the city of Point Arena land use plan), any excavation or fill or combination thereof, less than both of the following criteria:
(i) 1000 square feet of surface area including the removal of groundcover. This does not include groundcover removed for agricultural or grading for road and trail maintenance purposes;
(ii) 50 cubic yards of material.
This shall not apply to any excavation or fill:
(i) Within public sewer, water main, storm drain or power line easements, and within public streets;
(ii) Which will encroach upon or alter in any way a drainage channel, tidal area, water course, floodplain or area subject to inundation. This does not include the maintenance of existing ditches.
Groundcover removal for road and maintenance purposes in a riparian corridor or unstable area is not subject to this section.
(3) Conditions.
(a) Any amendment to the certified LCP which affects the land area to which this exclusion applies shall require the approval of the California Coastal Commission pursuant to Commission Regulations and the Coastal Act of 1976 (PRC Section 30514). (b) The city of Point Arena shall maintain a record of any other permits which may be required for categorically excluded development which shall be made available to the Commission or any interested person upon request pursuant to Section 00154 of the Commission LCP Regulations.
(c) This exclusion shall apply to the permit requirements of the Coastal Act of 1976, pursuant to PRC Sections 30610(e) and 30610.5(b), and shall not be construed to exempt any person from the permit requirements of any other federal, state, or local government agency.
(d) This exclusion shall not apply to tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, potential public trust lands as identified by the State Lands Division in the trust claim maps, or wetlands as identified in the power plant siting wetland resource maps.
[Ord. 179 § 6.11, 2001; Ord. ___ § 7.07, 2023.]
18.30.130 Planned residential development (PRD).
Development governed by a the planned residential development process shall require a coastal development permit, and shall conform with all the provisions below. The planned residential development procedure shall be required for any proposed use, new development or project, including, but not limited to, land divisions, proposed on parcels of record of 10 Chapter 18.35 (10/24/23 Draft)
acres or more or on any two or more abutting parcels of less than 10 acres that are in the same ownership or under the same control and which total 10 acres or more, and if the parcel is zoned SR, UR or MR. All uses principally or conditionally permitted in those zones may be included.
(1) For the purpose of this PRD review process, “new development” does not include:
(a) The demolition and reconstruction of any single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure; (b) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent; (c) Repair and maintenance activities of an existing structure that does not result in an addition to, or enlargement or expansion of, the object of the repair or maintenance activities. (2) The purposes of this procedure are:
(a) To encourage and allow flexibility in site design, building layouts and design, and land usage, and in the application of development standards; (b) To ensure that open spaces and natural features are preserved and integrated into new developments; and
(c) To allow careful and comprehensive public review of proposed large-scale projects.
A comprehensive development plan shall be submitted in connection with a coastal development permit application for a PRD, and may be submitted in other circumstances involving less than 10 acres where the proposal is limited to planned residential projects within the SR, UR or MR zones.
A coastal development permit for development governed by the PRD process may be granted in lieu of any required variances, conditional use permits, and design review approvals, and shall be granted prior to or concurrently with any required tentative subdivision map, and/or parcel map, for any or all of the parcel or parcels for which there is a CDP application for a PRD.
Residential Density and Other Standards. Residential densities calculated in number of dwelling units per acre shall be the same as in effect for the underlying zone, although individual lot sizes and yard, setback and building height requirements, may vary from the strict requirements of said zones. Common open space shall make up 50 percent of the subdivision or residential development project. For proposed developments within MR zoning district, the 50 percent open space requirement shall supersede and be required in place of the 15 percent useable open space regulation set forth in Section 18.20.040(3)(g). [Ord. 179 § 6.11, 2001.]
18.30.140 Comprehensive development plans.
(1) Comprehensive development plans shall be prepared to describe and support land use or development proposals in connection with a CDP application for development governed by the PRD process for large lots and projects, as well as under circumstances as may be defined and Chapter 18.35 (10/24/23 Draft)
required in this title, including, but not limited to, conditional residential and mixed uses in C and HWC zones, and may be prepared in other circumstances at the discretion of the property owner.
(2) Comprehensive development plans must include all parcels larger than 10 acres or parcels in common contiguous ownership totaling 10 acres or abutting parcels under the same control totaling 10 acres, so that development for all such parcels can be planned for comprehensively.
Plans are expected to consist of text and maps sufficient to describe the overall concept of the proposal (the concept plan), and in sufficient detail as to also provide the planning commission with complete information about the proposal and its impacts. Comprehensive development plans shall adhere to the provisions of the underlying zoning district to which they attach, except as provided herein.
(3) The purposes of the plan is to supply all of the relevant information required for comprehensive review, and, if appropriate and warranted, to facilitate creative and flexible modifications of standards and requirements of the underlying zones of this title, and to ensure that greater public benefits will be achieved, to encourage the preservation of open space and to protect coastal resources, by preparing and adhering to an overall plan for the use of property in one or joint ownership than would otherwise be the case. (a) General Requirements. Comprehensive development plans shall consist of maps and a text describing in detail all features of the land use or development proposal on a lot or assemblage of commonly-held contiguous lots.
(b) Specific Requirements.
(i) Uses permitted: all uses principally permitted or conditionally permitted in the underlying zone.
(ii) Standards for development shall be those of the underlying zone, provided however that said standards may be modified by the planning commission or city council as they relate to height, required yards, building heights, and minimum ultimate lot sizes. Modifications of said standards shall only be approved upon the planning commission or city council making written findings that such modifications are in the public interest and that greater public benefits will be assured, that coastal resources will be protected and enhanced, and that coastal resources, including, but not limited to, visual resources, will not be adversely impacted. Such benefits include, but are not limited to, improved or innovative site and architectural design; greater public and private open spaces; preservation of natural resources, species, features, and habitats; preservation of view sheds; and preservation of historic features. Terms and limitations contained in the comprehensive development plan’s required components in subsection iii below shall be recorded as conditions, covenants, and restrictions on the land. (iii) Information that must be submitted for all projects subject to the PRD process or otherwise subject to comprehensive development plan requirements, and including information on all parcels totaling 10 acres or more if in common contiguous ownership or abutting parcels under the same control which total 10 acres or more, as applicable:
Chapter 18.35 (10/24/23 Draft)
1. A proposed plot plan for the development, including project boundary designation, perimeter of the ownership, location and dimensions of any existing property lines and easements;
2. Locations of proposed land uses, structures, roads, trails, parking, yards, pathways, open spaces, easements and other public and private facilities as well as building envelopes, maximum heights and other dimensions of all structures, setbacks from property lines and road rights-of-way, and percentage of lot coverage of development;
3. The use of adjoining properties and buildings within 50 feet of the property line;
4. Existing features of and proposed changes in the topography of the site, including the location and extent of any grading or earth moving, drainage channels, or water courses;
5. The locations and capacities of existing utilities;
6. The location of existing structures and of trees in excess of three inches in diameter;
7. The approximate timetable and phasing of proposed site preparation and development activities;
8. Proposed open space plan;
9. Proposed parking, recreational areas, common areas;
10. Other information as applicable, which may include, but not be limited to, economic/market analyses, habitat inventory and plan, archeological analysis, visual quality analysis, public services and facilities plan, utility services plan, land subdivision plan, showing exterior lighting, roof plans, noise abatement measures, view sight lines, location of ESHAs, geologic hazard areas, and other features necessary to evaluate the specific proposal and judge it in reference to this title, other relevant city ordinances, and the general plan;
11. Geologic studies as otherwise provided for in Section 18.25.200;
12. A proposed parcel or subdivision map, if subdivision is proposed;
13. Such mitigation measures as may be specified as a consequence of environmental impact studies;
14. Conceptual landscaping plans;
15. Conceptual engineering plans, including site grading. (iv) The city may also require the following information to be submitted:
1. Architectural elevations and sketches for buildings, signs, and fencing, including material and color specifications;
2. The width and location of surrounding and adjoining streets, roads and trails, and proposed street and trail alignments;
3. A detailed landscaping plan including all details and methods of irrigation and maintenance, and type of plant materials;
4. Detailed engineering plans showing site grading, including finished grades and drainage.
Chapter 18.35 (10/24/23 Draft)
[Ord. 179 § 6.11, 2001.]
18.25.150 18.35.130 Site development and architectural review (SDAR).
The following regulations shall apply in all zones:
(1) Purpose. The small scale of the community and its unique townsite, affording spectacular views of the coastline and ocean horizon, define the character of Point Arena. Maintaining this character is essential to the continued desirability and viability of the city. The planning commission SDAR process is established to review new developments in order to ensure their consistency with the character of the city, and to minimize their impacts on important vistas.
The planning commission will also assess and to ensure compatibility with existing buildings for of architectural or historical significance. A design assistance committee, appointed by the city council may be established to provide design review recommendations to the planning commission.
(2) Applicability. The SDAR process is required for new development which involves relocationRelocation, construction, external remodeling or additions to structures, and alteration of the natural contours of the land shall not be undertaken until approved by the planning commission. Any such work shall require a coastal development permit as prescribed in Chapter 18.30. Approval from the planning commission need not be obtained The SDAR process is intended to be conducted in conjunction with the coastal development permit process. It is not required for remodeling which does not affect the external profile or appearance of an existing structure or for work which is exempt from the coastal development permit process as set forth in Section ____..
(3) Development Siting Visual Resource Protection Criteria. In the SDAR process, theThe planning commission shall be guided by the following criteria for the protection of visual resourceswhen evaluating development, including land form alterations and construction of structures:
(a) New development shall be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent. If there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, breaking up the mass of new structures, designing structures to blend into the natural hillside setting, restricting the building maximum size, reducing maximum height standards, clustering development, minimizing grading, incorporating landscape elements, and where appropriate, berming.
(b) Where there is no feasible alternative that is not visible from scenic highways or public viewing areas, the development area shall be restricted to minimize adverse impacts on views from scenic highways or public viewing areas.
(c) Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of Chapter 18.35 (10/24/23 Draft)
visual impacts shall not substitute for project alternatives including resiting or reducing the height or bulk of structures.
(d) Prominent ridgelines and other intervening ridgelines that are visible from a public road, a beach, public viewing areas, or public hiking trails, shall be protected by setting structures below the ridgeline to avoid intrusions into the skyline where feasible. Where there are no feasible alternative building sites below the ridgeline or where the only alternative building site would result in unavoidable adverse impacts to ESHA, structures shall be limited to one-story (18 feet maximum from existing or finished grade, whichever is lower) in height to minimize visual impacts. (e) In order to protect the natural setting of the hillsides that surround the city, hillside or ridgeline development shall be scrutinized with “view from the valley floor” considerations. Proposed development on the crest of bluffs or canyons shall be specifically analyzed in relation to views from the low-lying areas of the city, important view corridors, and scenic gateways. Development shall not silhouette against the ridgeline without adequate visual buffers, and development on lower slopes shall be visually screened by existing or landscaped vegetation to minimize visual impact. moved from 18.25.150(4)(l)
(f) Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of visual impacts shall not substitute for project alternatives including re-siting or reducing the height or bulk of structures. moved from 18.25.150(4)(m) (g) When reviewing the design of commercial or residential buildings, the planning commission shall ensure that the scale, bulk, orientation, architectural character of the structure and related improvements are compatible with the rural, uncrowded, rustic, unsophisticated, small, casual, open character of the community. In particular, residences of more than 2,000 square feet in floor area and multiple-family dwellings or commercial buildings of more than 4,000 square feet in floor area shall be considered out of scale with the community unless they are designed and situated in such a way that their bulk is not obtrusive. Residential and commercial developments involving multiple dwelling or business units should utilize clusters of smaller structures with sufficient open space between them instead of a consolidated structure. moved from
18.25.150(4)(h)
(h) All new structures shall be sited and designed to minimize impacts to visual resources by:
(i) Ensuring visual compatibility with the character of surrounding areas; (ii) Avoiding large cantilevers or understories;
(iii) Setting back higher elements of the structure toward the center or uphill portion of the building. moved from 18.25.150(4)(p)
Chapter 18.35 (10/24/23 Draft)
(i) Structures visible from the beach or a public trail in an open space area should be made as visually unobtrusive as possible and shall incorporate colors and exterior materials that are compatible with the surrounding landscape. The use of highly reflective materials is prohibited. moved from 18.25.150(4)(l)
(j) Structures in, or adjacent to, open space areas should be constructed of materials that reproduce natural colors and textures as closely as possible. moved from
18.25.150(4)(b)
(k) Materials and colors used in construction shall be selected for compatibility both with the structural system of the building and with the appearance of the building’s natural and man-made surroundings. Preset architectural styles (e.g., standard fast food restaurant designs) shall be avoided. moved from 18.25.150(4)(c) (l) No permanent structures shall be permitted on a bluff face, except for engineered stairways to accessways to provide public beach access. Such structures shall be designed and constructed to not contribute to further erosion of the bluff face and to be visually compatible with the surrounding area to the maximum extent feasible. moved from 18.25.150(4)(w)
(m) Where necessary to ensure the protection of scenic and visual resources in accordance with the policies and standards provided herein, a coastal development permit shall be conditioned to require the recordation of a deed restriction or other legal document which provides that any or all future development beyond that authorized by the CDP, including that which would ordinarily be exempt from a CDP, shall be subject to a new CDP or permit amendment. moved from 18.25.150(4)(y)
(n) If a residence structure is removed, or destroyed by fire or other natural causes, on a lot that is otherwise usable, the owner shall be entitled to construct a residence in the same location with an exterior profile not exceeding that of the previous structure even if such a structure would again significantly obstruct public views of important scenes, provided any other nonconforming conditions are corrected. moved from
18.25.150(4)(j)
(4) Design Grading and Utlities Criteria. The In the SDAR process, the planning commission shall be guided by the following criteria when evaluating development proposed grading and utilities for new development: , including landform alterations and construction of structures:
(a) The alteration of natural landforms caused by cutting, filling and grading shall be minimal. Structures should be designed to fit the site rather than altering the landform to accommodate the structure.
(b) All new development shall be sited and designed to minimize alteration of natural landforms by:
(i) Conforming to the natural topography;
(ii) Preventing substantial grading or reconfiguration of the project site; Chapter 18.35 (10/24/23 Draft)
(iii) Eliminating flat building pads on slopes. Building pads on sloping sites shall utilize split level or stepped-pad designs;
(iv) Requiring that man-made contours mimic the natural contours; (v) Ensuring that graded slopes blend with the existing terrain of the site and surrounding area;
(vi) Minimizing grading permitted outside of the building footprint; (vii) Clustering structures to minimize site disturbance and to minimize development area;
(viii) Minimizing height and length of cut and fill slopes; (ix) Minimizing the height and length of retaining walls; (x) Cut and fill operations may be balanced on-site, where the grading does not substantially alter the existing topography and blends with the surrounding area.
Export of cut material may be required to preserve the natural topography. moved from 18.25.150(4)(n)
(c) The length of on-site roads or driveways shall be minimized, except where a longer road or driveway would allow for an alternative building site location that would be more protective of visual resources or ESHA. Driveway slopes shall be designed to follow the natural topography. Driveways that are visible from a scenic road, a beach, a public viewing area, or public hiking trail shall be a neutral color that blends with the surrounding landforms and vegetation. moved from 18.25.150(4)(o) (d) New development should include underground utility service connections. When above ground facilities are the only alternative, they should follow the least visible route, be well designed, simple and unobtrusive in appearance, have a minimum of bulk, and make use of compatible colors and materials. moved from 18.25.150(4)(f) (5) Landscaping, Fencing and Walls Criteria. The planning commission shall be guided by the following criteria when evaluating landscape plans, fencing and walls associated with new development:
(a) Developments shall be planned to avoid removing trees, if feasible. At least two trees shall be planted for every one removed to accommodate development facilitated by the general plan. Visually attractive native trees species, such as bishop pine and sargent cypress, shall be the preferred species used, as they require less water, herbicides, pesticides, and are valuable to wildlife resources. moved from 18.25.150(4)(k) (db) Plant materials should be used to integrate the man-made and natural environments, to screen or soften the visual impact of new development, and to provide diversity in developed areas. Attractive vegetation common to the area shall be used, and native Chapter 18.35 (10/24/23 Draft)
vegetation shall be used to the maximum extent practicable. Invasive plant species that tend to supplant native species and natural habitats shall be prohibited. Landscaping for MR, C, HW, and I zones shall conform with the provisions of Section 18.25.140. (c) Landscaping permitted on a bluff face or hillside for restoration, revegetation or erosion control purposes shall consist of native, drought tolerant plant species endemic to the area. moved from 18.25.150(4)(x)
(d) Cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated at the completion of grading. Landscape plans shall provide that:
(i) Plantings shall be of native, drought-tolerant plant species, and blend with the existing natural vegetation and natural habitats on the site, to the maximum extent practicable.
(ii) Invasive plant species that tend to supplant native species and natural habitats shall be prohibited.
(iii) Lawn shall not be located on any geologically sensitive area such as coastal blufftop. (iv) Landscaping or revegetation shall provide 90 percent coverage within five years. moved from 18.25.150(4)(v)
(e) Where feasible, long continuous retaining walls shall be broken into sections or shall include undulations to provide visual relief. Where feasible, retaining walls supporting a structure should be incorporated into the foundation system in a stepped or split-level design. Retaining walls visible from scenic highways, trails, parks, and beaches should incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape. moved from 18.25.150(4)(q)
(f) Fences, walls, and landscaping shall not block views of scenic areas from scenic roads, parks, beaches, and other public viewing areas. moved from 18.25.150(4)(r) (g) Public works projects along scenic roads that include hardscape elements such as retaining walls, cut-off walls, abutments, bridges, and culverts shall incorporate veneers, texturing, and colors that blend with the surrounding earth materials or landscape. moved from 18.25.150(4)(s)
(6) Signage Criteria. The planning commission shall be guided by the following criteria when evaluating signage associated with new development:
(a) On-premises signs should be designed as an integral part of the structure and should complement or enhance the appearance of the surrounding area. moved from
18.25.150(4)(e)
(b Off-site advertising signs are not allowed unless erected by a public agency. Such signs should be well designed and be clustered at appropriate locations. Sign clusters should have a single design theme. The construction of new billboards is prohibited. moved from 18.25.150(4)(g)
Chapter 18.35 (10/24/23 Draft)
(5) Review Procedures. The planning commission shall prescribe application forms and information requirements for use by those proposing activities. Applications for new development in scenic areas as defined in LUP Chapter X Policy 3.6, and/or visible from public viewing areas and scenic roads, as defined in LUP Chapter X Policy 3.5 or those located in a scenic corridor as depicted on the city of Point Arena scenic corridors map, shall include a visual analysis that includes:
(a) Grading plan, if any grading is proposed;
(b) Cross sections of the project site showing the proposed grading and structures; (c) Line of sight analysis showing the view of the project site from public viewing areas; (d) Photos of the project site from public viewing areas and/or scenic roads, with story poles placed on the site to indicate the proposed location and maximum height of all structures and stakes placed on the site to indicate the extent of all proposed grading; (e) An analysis of the potential impacts of the proposed development on the identified public views;
(f) Project alternatives designed to avoid and minimize impacts to visual resources; (g) Mitigation measures necessary to minimize or mitigate residual impacts that cannot be avoided through project siting and design alternatives.
If a conditional use permit or other approval is required by the planning commission or the city council, the review of the design shall be subsequent to other permit considerations and may occur at the same meeting, subject to fulfillment of public notification requirements. Otherwise the procedure for submittal and consideration of the application shall be the same as for a use permit as provided in Chapter 18.30.
Where view considerations are involved, the applicant is encouraged to contact property owners within 100 feet and show them the layout and profile of the proposed structure. The commission shall not approve or conditionally approve any application unless it finds that all of the applicable criteria have been considered and the minimum adjustments required to achieve the objectives applicable to the area where the development is located. (6) Standards for Determination. All applications for a coastal development permit shall be subject to an on-site investigation in order to determine whether the proposed project has the potential to cause adverse impacts upon scenic areas as defined in LUP Chapter X Policy 3.6, or from or along scenic roads or public viewing areas as defined in LUP Chapter X Policy 3.5.
Where applicable, proposed structures shall be accurately indicated as to footprint, height and rooflines by story poles with flags. All proposed grading and the proposed location of access roads or driveways, including the centerline top of cut and toe of fill, shall be accurately indicated by stakes. Both poles and stakes shall remain in place for the duration of the approval process. The applicant may also be required to provide other visual aides aids such as photographs with superimposed structures.
These requirements may be waived by the city staff where it is determined through onsite investigation, evaluation of topographic maps or photographic evidence, or by other means Chapter 18.35 (10/24/23 Draft)
that there is no possibility that the proposed development will create or contribute to adverse impacts upon scenic areas.
(7) Required Findings and Analysis. Written findings of fact, analysis and conclusions addressing scenic or visual resources must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon scenic areas from or along scenic roads and public viewing areas. Such findings shall address the specific project impacts relative to the applicable development standards identified in this section and Section 18.25.160. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record.
Findings for approval or conditional approval shall conclude that the project as proposed, or as conditioned, conforms to the certified local coastal program. A coastal development permit for the proposed development shall only be granted if the city’s decision-making body is able to find that:
(a) The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons;
(b) The project, as conditioned, will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions; (c) The project, as proposed or as conditioned, is the least environmentally damaging alternative;
(d) There are no feasible alternatives to development that would avoid or substantially lessen any significant adverse impacts on scenic and visual resources; (e) Development in a specific location on the site may have adverse scenic and visual impacts, but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified LCP.
If found to be necessary to conform to the development standards contained in this chapter or any other applicable policy or standard of the certified LCP the proposed development shall be modified, by special condition, relative to height, size, design, or location on the site and may be required to incorporate landscaping or other methods to avoid or minimize the adverse scenic impacts of the proposed development.
If special conditions of approval are required in order to bring the project into conformance with the certified LCP, the findings shall explain how the special condition(s) alleviate or mitigate the adverse effects which have been identified.
Mitigation shall not be permitted to substitute for implementation of a feasible project alternative that would lessen or avoid impacts to scenic and visual resources. [Ord. 179 § 5.15, 2001; Ord. ___ § 7.08, 2023.]
18.35.135 Planned development permit (PD)
Chapter 18.35 (10/24/23 Draft)
(1) Purpose. The PD permit process is intended to:
(a) Encourage and allow for flexibility in site design, building layouts and design, and land usage, and in the application of development standards; (b) Make it easier for open spaces and natural features to be preserved and integrated into new developments;
(c) Allow careful and comprehensive public review of proposed large-scale projects. (d) The City expects each PD project to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards. (2) Applicability. A PD permit application may be filed and processed only under the following circumstances.
(a) Minimum site area. A PD permit may be requested for a residential, commercial, industrial, or mixed-use development on a site larger than three (3) acres. (b) Scope of approval.
i. PD permit approval may adjust or modify any applicable development standard of the zoning code (e.g., building height, setbacks, parking, street layout, etc.), provided that the approval shall not authorize a land use that is not allowed in the applicable zoning district and provided that the planning commission makes all of the required findings consistent with Section ___.
ii. Residential densities calculated in number of dwelling units per acre shall be the same as in effect for the underlying zone, although individual lot sizes and yard, setback and building height requirements may vary from the strict requirements of said zones.
iii. A PD project proposing increased residential density may only be approved by the city council in compliance with Section ___ (Density Bonuses and Affordable Housing Incentives).
v. A PD permit may be granted in lieu of any required variances, conditional use permits, and site development and architectural review approvals. vi. A coastal development permit shall be required for all PD projects and shall be processed concurrently with a PD permit application.
(3) Application filing and processing. An application shall be filed in compliance with Chapter
18.35, Article V (Applications and Notifications). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection 6(a), below. (4) Project review and hearing.
(a) Application review. Each PD permit application shall be analyzed by the city planner to ensure that the application is consistent with the purpose and intent of this section.
The city planner shall submit a staff report and recommendation to the planning commission for their consideration.
Chapter 18.35 (10/24/23 Draft)
(b) Public hearing. The planning commission shall conduct a public hearing on an application for a PD permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 18.35.170 (Required hearings).
(5) Commission action. Following a public hearing, the planning commission may approve or disapprove a PD permit, and shall record the decision and the findings upon which the decision is based.
(a) Required findings. The planning commission may approve a PD permit only after first finding that:
i. The project is consistent with the general plan and any applicable specific plan, and the proposed uses are allowed within the applicable zoning district. ii. The project authorized by the PD permit will not have an adverse effect on coastal resources.
iii. The project complies with all applicable provisions of the zoning code other than those modified by the PD permit and the approved modifications to the development standards are in the public interest, greater public benefits will be assured, and coastal resources, including but not limited to visual resources, will not be adversely impacts and will be protected and enhanced. Such public benefits include, but are not limited to, improved or innovative site and architectural design; greater public and private open spaces; preservation of natural resources, species, features, and habitats; preservation of view sheds; preservation of historic features, compatibility with adjacent land uses, and successful mitigation of any identified environmental impacts.
iv. The project authorized by the PD permit will be of significantly higher quality, more energy efficient, more conserving of resources, and will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of the zoning code without adjustment. v. The project complies with all applicable provisions of the city’s site development and architectural review requirements as established in section 18.35.130; vi. The site is adequate for the project in terms of size, shape, topography, and circumstances;
vii. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the general plan;
viii. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;
ix. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general Chapter 18.35 (10/24/23 Draft)
welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(b) Conditions of approval. In approving a PD permit, the planning commission may impose any conditions deemed reasonable and necessary to ensure that the PD project will comply with the findings required by subsection 6(a). (6) Time limit and expiration.
(a) A PD permit may specify a development completion period acceptable to the planning commission.
(b) If a time limit is not specified in the permit, the completion period shall not exceed two years.
(c) If project construction has not commenced within the required time limit, the PD permit shall automatically be terminated and deemed void, with no further action required by the City.
18.35.140 Conditional Use Permits.
(1) Purpose. A conditional use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and its surroundings cannot be determined before being proposed on a specific site. (2) Applicability. A conditional use permit is required to authorize proposed land uses identified by Chapter 18.15 as being allowable in the applicable zoning district subject to the approval of a conditional use permit. A project requiring a conditional use permit will also require a coastal development permit in compliance with the Chapter.
(3) Review Procedures. The planning commission shall prescribe application forms and information requirements for conditional use permit applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (4). (24) Conditional Use Permit Findings. A conditional use permit (CUP) may be granted for any use listed as a conditional use in the applicable zone if the facts establish and written findings are adopted showing:
(a) That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and
(b) That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
(i) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures, and
Chapter 18.35 (10/24/23 Draft)
(ii) The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading, and
(iii) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor, and
(iv) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and (c) That such use or feature as proposed will comply with the applicable provisions of this title, will be consistent with the policies and programs of the general plan and will assist in carrying out and be in conformity with the Point Arena coastal program; and (d) That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and
(e) When the subject property 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 line where there is no beach, whichever is the greater, that:
(i) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii) The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and
(iii) The development is compatible with the established physical scale of the area, and (iv) The development does not significantly alter existing natural landforms, and (v) The development complies with shoreline erosion and geologic setback requirements.
[Ord. 179 § 6.08, 2001; Ord. ___ § 7.09, 2023.]
18.35.145 Variances.
(1) Purpose. The variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
(2) Applicability. A variance may be granted to waive or modify any requirement of this Zoning Code except: allowed land uses; residential density; specific prohibitions identified in the Chapter 18.35 (10/24/23 Draft)
Zoning Code, or procedural requirements. A project requiring a variance will also require a coastal development permit.
(3) Review Procedures. The planning commission shall prescribe application forms and information requirements for variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (4), below. (34) Variance Findings. A variance may be granted only upon adoption of written findings showing that all of the following conditions are present:
(a) That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class or district; and
(b) That owing to such exceptional or extraordinary circumstances the literal enforcement of specific provisions of this title would result in the practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property; and
(c) That such variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties; and
(d) That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class or district; and
(e) That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to property or improvements in the vicinity; and (f) That the granting of such variance will be consistent with the general purposes and programs of the Point Arena general plan; and
(g) That the variance will not permit a use other than a use permitted in the applicable zoning district; and
(h) That either the variance will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the variance may have on the environment; and
(i) When the subject property 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 the mean high tide line where there is no beach, whichever is the greater, that:
(i) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii) The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and
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(iii) The development is compatible with the established physical scale of the area, and (iv) The development does not significantly alter existing natural landforms, and (v) The development complies with shoreline erosion and geologic setback requirements.
[Ord. 179 § 6.08, 2001; Ord. ___ § 7.10, 2023.]
18.30.090 18.35.150 Conditions.
In granting a variance, conditional use permit, coastal development permit or design review, the planning commission shall impose conditions as deemed necessary to carry out the intent and purpose of this title. The violation of any specification or condition so imposed shall constitute a violation of this title and may constitute grounds for revocation of permit(s). [Ord. 179 § 6.09, 2001 ; Ord. ___ § 7.11, 2023.]
18.30.150 18.35.155 Sign permits— Coastal development permits for signs, ADUs and JADUsStreamlined 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.
(2) Coastal development permits for ADUs and/or JADUs shall be granted under the administrative process set forth in Section 18.30.235.
[Ord. 179 § 6.11, 2001; Ord. 242 § 10, 2023; Ord. ___ § 7.12, 2023.]
18.30.235 18.35.160 - 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) Chapter 18.35 (10/24/23 Draft)
days of filing of a complete application for a coastal development permit exemption, categorical exclusion or coastal development permit. The 60-day time period for acting on a complete application for an ADU 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. [Ord. ___ § 7.13, 2023]
18.30.070 18.35.165 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 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 Chapter 18.35 (10/24/23 Draft)
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; Ord. ___ § 7.14, 2023.]
18.30.100 18.35.170 Effective dates.
(1) Effective Dates of Local Actions Other Than on Coastal Development Permit Applications.
Planning commission or city council approval of variances and conditional use permits shall become final 10 working days from the date action is taken and findings in support of the action are adopted, unless an appeal to the city council has been taken within that time. Failure of the planning commission to act within the time limits established in the California Government Code Sections 65950 and 65957.1 shall be considered approval of the application on the date the time limitation expires, and the approval shall become final in 10 working days unless appealed to the city council.
(2) Effective Date of Local Action on a Coastal Development Permit Application. The city’s final decision on a coastal development permit application for an appealable development 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 and pursuant to Section 18.30.180; or (b) the notice of final local government action does not meet the requirements of Title 14 CCR Section 13571. When either of the circumstances in subsections (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.
Section 18.30.180.
City council action on an appeal shall become final 10 working days from the date action is taken and findings in support of the action are adopted, unless it is appealed to the Coastal Commission. [Ord. 179 § 6.10, 2001; ; Ord. ___ § 7.15, 2023.]
18.30.160 18.35.175 Time limitations on permits.
A two-year limitation applies to all coastal development permits, variances, conditional use permits, site design and architecture permits review, and planned residential development permits. , or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void expire unless, prior to its expiration, an extension has been granted by the body which served as the acting authority on the initial application(s). A maximum of two 12-month extensions of time may be granted. In order to grant an extension, the acting authority must make a findings that there has been no Chapter 18.35 (10/24/23 Draft)
change of circumstances that could prevent any of the required findings of approval to be made. [Ord. 179 § 6.14, 2001; Ord. ___ § 7.16, 2023.]
18.30.170 18.35.180 Revocation of permits.
(1) Revocation of Permits Other Than Coastal Development Permits. In any case where the terms and conditions of a grant of a variance, conditional use permit or design review are not complied with, the planning commission shall give notice to the holder of such permit of its intention to revoke such permit. Permits may also be revoked if the planning commission determines that the notification requirements in Section 18.30.220 were not satisfied by the applicant. Procedures for the revocation of a permit shall be the same as for the original consideration except that the city clerk shall assume all notification responsibility. (2) Revocation of Coastal Development Permits. Grounds for revocation of a coastal development permit shall be:
(a) Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the city finds that accurate and complete information would have caused the city to require additional or different conditions on a permit or deny an application;
(b) Failure to comply with the notice provisions of Section 18.30.220, where the views of the person(s) not notified were not otherwise made known to the city and could have caused the city to require additional or different conditions on a permit or deny an application.
(c) Initiation of Proceedings. Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant’s intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in subsections (2)(a) and (2)(b) may request revocation of a permit by application to the city clerk specifying, with particularity, the grounds for revocation.
The city clerk shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The city may initiate revocation proceedings on its own motion when the grounds for revocation have been established pursuant to the provisions of subsections (2)(a) and (2)(b). (d) Suspension of Permit. Where the city clerk determines in accord with subsection (2)(c), that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the city planning commission votes to deny the request for revocation. The city clerk shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The city clerk shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the LCP and subject to the penalties set forth in Section 18.35.020. (e) Hearing on Revocation.
(i) At the next regularly scheduled meeting, and after notice to the permittee and any persons the city clerk has reason to know would be interested in the permit or Chapter 18.35 (10/24/23 Draft)
revocation, the city clerk shall report the request for revocation to the commission with a preliminary recommendation on the merits of the request. (ii) The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal. (iii) The planning commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the planning commission wishes the city clerk or the city attorney to perform further investigation. (iv) A permit may be revoked by a majority vote of the members of the planning commission present if it finds that any of the grounds specified in subsections (2)(a) and (2)(b) exist. If the planning commission finds that the request for revocation was not filed with due diligence, it shall deny the request. [Ord. 179 § 6.15, 2001; Ord. ___ § 7.17, 2023.]
Article I Article III. Amendments to Zoning Ordinance and/or Zoning Map
18.30.010 18.35.210 Amendments to zoning ordinance and zoning map.
The Point Arena zoning ordinance and zoning map, as adopted by the Point Arena city council, may be amended pursuant to the requirements of this article and provisions of the Government Code of both the Coastal Act and the state of California. [Ord. 179 § 6.01, 2001; Ord. ___ § 7.18, 2023.]
18.30.020 18.35.215 Initiation of amendments.
An amendment to the text of the zoning ordinance or zoning map may be initiated by motion of the city council on its own initiative, or by the planning commission on its own initiative.
Amendments to the zoning map may be initiated by the owner of the subject property, or authorized agent for the owner, or by the planning commission or city council. [Ord. 179 § 6.02, 2001; Ord. ___ § 7.19, 2023.]
18.30.030 18.35.220 Amendment procedures.
The filing of an application for an amendment to the zoning ordinance or zoning map, the payment of fees, notice of hearing, and procedural requirements shall be as prescribed herein and in Sections 18.30.200 through 18.30.220.
The planning commission shall hold a public hearing on proposed amendments to the zoning ordinance or zoning map. At the public hearing the planning commission shall hear any person interested in the proposed amendment. The hearing may be continued from time to time provided that the notice of the time and place of the continued public hearing is given at the hearing or in the manner provided for in Section 18.30.220. Within 40 days of the conclusion of the hearing, the planning commission shall submit to the city council a written report of recommendations and reasons thereof, including the relationship of proposed zoning amendments to the Point Arena general plan. The planning commission shall not hold a hearing Chapter 18.35 (10/24/23 Draft)
on a proposed amendment to the zoning ordinance less than two weeks after final city council action on a related change in the general plan.
If, after the hearing is closed, the planning commission recommends approval of the proposed amendment, the city council, upon receipt of the report, shall set the matter for public hearing.
The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification proposed by the city council not previously considered by the planning commission during their 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 to report within 40 days after the referral shall be deemed to be commission approval of the proposed modification.
If the planning commission has recommended against the adoption of an amendment, the city council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the city clerk within 10 working days after the planning commission files its recommendation with the city council.
The city council shall reach a decision not later than 40 days after the conclusion of the city council hearing or not later than 40 days after the filing of a report, or the deadline for submitting such a report by the planning commission on a referral from the city council. In adopting or modifying any proposed amendment, the city council shall adopt a resolution certifying that the proposed amendment is intended to be carried out in a manner fully consistent with the Government Code and the California Coastal Act of 1976, including amendments. Failure of the city council to adopt the proposed amendment within the period set forth in this section shall be deemed to be a denial of such a proposed amendment. [Ord. 179 § 6.03, 2001; Ord. ___ § 7.20, 2023.]
18.30.040 18.35.225 Notification requirements for amendments.
In addition to notification required by Section 18.30.220, notice of proposed amendments to the Point Arena zoning ordinance shall be mailed to the California Coastal Commission and other interested public agencies and persons at least 10 working days prior to the date of the first public hearing before the planning commission. The city council shall not take final action on an amendment until at least six weeks after notices have been sent except in the case of an LCP amendment that the executive director of the Commission determines to be de minimus pursuant to Section 30514(d) of the Coastal Act, in which case the city shall not submit the proposed amendment to the executive director until at least 21 days after notices have been sent. [Ord. 179 § 6.04, 2001; Ord. ___ § 7.21, 2023.]
18.30.050 18.35.230 Effective date of amendments and incorporation in local coastal program.
Within five working days of the adoption of the amending ordinance the city clerk shall forward to the executive director of the California Coastal Commission a copy of the amending ordinance together with materials sufficient for a thorough review as well as the city council resolution contained in Section 18.30.030. The executive director shall notify the city in writing if the amendment needs to be certified as part of the Point Arena local coastal program and whether the amendment is considered a major or minor amendment pursuant to the Chapter 18.35 (10/24/23 Draft)
provisions of Section 30514(c) of the Coastal Act. Major or minor amendments, including any amendment that allows changes in uses, shall become part of the Point Arena local coastal program at the time the California Coastal Commission certifies the amendment as adopted by the city. If the Coastal Commission certifies the amendment subject to conditions or changes, the amendment shall not become part of the Point Arena local coastal program until by resolution the city council concurs in any conditions, or by ordinance adopts any changes and such ordinance has become effective.
An amendment to the Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Chapter 6, Article 2, of the California Coastal Act and is effectively certified by the California Coastal Commission pursuant to Section 13551 et seq., of the California Code of Regulations. [Ord. 179 § 6.05, 2001; Ord. ___ § 7.22, 2023.]
Article IV. Appeals
18.30.180 18.35.310 Appeals of local actions other than a coastal development permit.
In the case of any variance, conditional use permit or design review, or denial of a proposed change in the zoning map by the planning commission, and in the case of any order, requirement, decision or other determination made by any city employee, the procedures for appeals shall be as provided herein:
(1) Administrative Actions - Appealable. Any person aggrieved by a determination, interpretation, decision, decree, judgment, or similar action taken by a city employee under the provision of this title may appeal such action to the planning commission within 10 working days of being notified of the decision.
(2) Planning Commission Actions - Appealable. An action, or appellate determination, taken by the planning commission on a variance, conditional use permit or design review shall become final after the 10th working day, unless the action of the planning commission is appealed to the city council within that time.
(3) City Council Actions - Appealable. An action, or appellate determination, taken by the city council on a variance, conditional use permit or design review shall become final upon said action.
(4) Filing Requirements. 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(1).
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.
(5) 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 Chapter 18.35 (10/24/23 Draft)
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. (6) Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the appellate body. (7) 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. (8) Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to serve the objectives of 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. [Ord. 179 § 6.16, 2001; Ord. ___ § 7.24, 2023.]
18.30.190 18.35.315 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. (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. (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. (5) Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of the appellate body.
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(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. (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.
(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.
(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 (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 (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.)
Chapter 18.35 (10/24/23 Draft)
(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 (9).
When either of the circumstances in subsections (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; Ord. ___ § 7.24, 2023.] Article III Article V. Applications and Notifications
18.30.200 18.35.410 Application form.
Applications for variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plans, signs, and amendment to the text of this title or the zoning map shall be submitted to the city clerk’s office upon a prescribed form. Ten copies of maps, drawings and such other information as specified on the application forms shall be provided unless additional copies are specified. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his/her authorized agent, attesting to the truth and correctness of all facts, statements and information presented. If multiple permits are required, the coastal development permit shall become the main or overriding permit and all other permits will become a part of the coastal development permit.
The coastal development permit application form shall require at least the following items:
(1) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the LCP, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the city will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term “significant adverse impact on the environment” shall be defined as in the California Environmental Quality Act and the guidelines adopted pursuant thereto; (2) A description and documentation of the applicant’s legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain; Chapter 18.35 (10/24/23 Draft)
(3) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant’s representative and to bind the applicant in all matters concerning the application; (4) In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one copy of each drawing, map, photograph, or other exhibit approximately eight and one-half inches by 11 inches, or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the city’s mailing lists and for inspection by the public in the city office. A reasonable number of additional copies may, at the discretion of the city, be required;
(5) Any additional information deemed to be required by the city for specific categories of development or for development proposed for specific geographic areas; (6) Additional information as specified in Section 18.20.040 relating to proposed measures for protection of water quality;
(67) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit. [Ord. 179 § 6.17, 2001; Ord. ___ § 7.25, 2023.]
18.25.250 18.35.415 Locating new development Supplemental information for specific uses. (2) Supplemental Application Requirements for Land Divisions, Conditionally Permitted Multifamily Dwellings within Highway Commercial or Core Commercial Areas, and Conditionally Permitted Mobile Home Parks in Highway Commercial Areas.
The following supplemental information shall be submitted with all applications for a coastal development permit for:
(a1) Land divisions, including lot line adjustments, mergers and the issuance of conditional certificates of compliance;
(b2) Multifamily dwellings allowed by use permit in areas designated with the highway commercial or core commercial land use classification; and (c3) Mobile home parks allowed by use permit in areas designated with the highway commercial land use classification:
(ia) Evidence that adequate services exist to serve the proposed development consistent with the requirements of LUP Chapter X, Section 2.6, Policy 2.5, (iib) Evidence that for existing and projected future priority uses, adequate service capacity will be reserved to accommodate existing and projected future coastal dependent industrial (including commercial fishing facilities), visitor serving, and recreational priority uses in HC, HWC, and commercial areas within the city allowed under the land use plan.
[Ord. 179 § 5.25, 2001; Ord. ___ § 7.26, 2023.]
Chapter 18.35 (10/24/23 Draft)
18.25.330 18.35.420 Subdivision application requirements (1) Application Requirements (General).
(a) A tentative map or a tentative parcel map;
(b) Proof of applicant’s interest in the property;
(c) Current title report for the property, less than 30 days old; (d) Filing fee, application form, and indemnification/hold harmless agreement; (e) Completed Redwood Coast fire protection district application form. (2) Map Form.
(a) The tentative map or tentative parcel map shall be clearly and legibly drawn; (b) Minimum sheet size shall be 18 by 26 inches;
(c) Minimum scale shall be one inch = 100 feet, unless otherwise approved by the city engineer.
(3) Map Content. The tentative map or tentative parcel map shall include all information necessary for the planning body to make an informed decision regarding the subdivision. It shall include, at a minimum, the following information:
(a) Date map was prepared, north point and scale;
(b) Name, address and phone of owner, applicant and engineer, surveyor or other person who prepared the map;
(c) A site map indicating the approximate location of the proposed subdivision of land in relation to the surrounding area;
(d) An ownership map showing all land continuous to the land proposed for division in which the applicant or agent or joint venture has held any ownership interest within the past five years;
(e) Assessors’ parcel numbers for all contiguous properties owned by the applicant; (f) All property lines and assessors’ parcel boundaries within the proposed subdivision; (g) An outline of the proposed subdivision to be shown clearly with distinctive symbols and so designated;
(h) Names of owners of all adjacent parcels;
(i) All existing and proposed easements, clearly stating purpose and width and restrictions; (j) The location, names, existing widths, approximate gradients and approximate curve radii of all existing streets through, adjacent to, or abutting the proposed subdivision.
Indicate whether roads are public or private and type and location of street improvements;
Chapter 18.35 (10/24/23 Draft)
(k) The location, names, existing widths, approximate gradients and approximate curve radii of all proposed streets within the proposed subdivision. Indicate whether roads will be public or private and type and location of street improvements; (l) A drainage plan, which indicates the direction of slopes and approximate grade or sufficient contour lines designating the slope of the land. Contour interval shall not exceed two feet unless otherwise authorized by the city engineer; (m) The proposed lot layout, approximate dimension, and approximate area of all lots or parcels. All proposed lots or parcels shall be numbered consecutively; (n) The location and approximate dimension of all parcels to be offered for dedication, clearly stating the purpose of dedication;
(o) The outline of any existing buildings to remain in place and their location in relation to existing and proposed lot lines;
(p) The approximate location of areas subject to inundation or within a 100-year flood plain;
(q) The location, width and direction of flow of all significant water courses or water bodies, existing and proposed. Show with the same degree of accuracy as roads and other improvements;
(r) The approximate location of property line fences, wells, cesspools, sewers, culverts, drainpipes, major excavations, underground structures, overhead structures or other hazards within the land to be divided or 100 feet adjacent. [Ord. 179 § 5.33, 2001; Ord. ___ § 7.27, 2023.]
18.30.210 18.35.425 Application fees.
(1) The city council shall by resolution establish a schedule of fees, charges and expenses for variances, conditional use permits, planned residential development permits, coastal development permits or design review, coastal development permits for signs which may be found categorically exempt under CEQA, and amendments to the text of this title and the zoning map and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the city council.
(2) Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, or other matters for which a fee, charge or payment of expenses is required by this title or the fee schedule resolution adopted pursuant hereto. (3) Any municipal, political or governmental corporation, district body, or public agency is exempted from payment of any fee or charge in connection with an application for any variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plan, appeal or zoning ordinance amendment.
(4) No fee, charge or expense shall be refundable except in any case where the planning commission determines and certifies any such fee or portion thereof has been received in error, Chapter 18.35 (10/24/23 Draft)
in which case the amount received in error may be refunded. [Ord. 179 § 6.18, 2001; Ord. ___ § 7.28, 2023.]
18.30.220 18.35.430 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; (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:
Chapter 18.35 (10/24/23 Draft)
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;
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:
Chapter 18.35 (10/24/23 Draft)
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. (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. (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:
Chapter 18.35 (10/24/23 Draft)
(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 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.
Chapter 18.35 (10/24/23 Draft)
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 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; Ord. ___ § 7.29, 2023.]
18.30.230 18.35.435 Administrative process—Coastal development permits for signs, which may be found categorically exempt under CEQA guidelines.
Upon submission and acceptance of the prescribed application form and fees, an application for a coastal development permit for a sign, which may be found categorically exempt under CEQA guidelines, shall be placed on the planning commission’s agenda for consideration. The planning commission shall hear comments from interested members of the public and will consider approval of the sign permit application, with or without conditions. The hearing requirements set forth in Section 18.30.220 shall not be a requirement unless the local action on the CDP is for a sign that is appealable to the Coastal Commission. If a coastal development permit application for a sign can not be found to be categorically exempt from CEQA guidelines, the hearing requirements set forth in Section 18.30.220 shall be required. Whether the permit application is for a sign that is categorically exempt from CEQA or not, the planning commission shall review the coastal development permit application for conformity with the policies and standards of the general plan and LCP, including, but not limited to, the visual resource protection policies in Chapters X and of the LUP and Sections 18.25.140 and 18.25.150. [Ord. 179 § 6.20, 2001; Ord. ___ § 7.30, 2023.]
18.30.240 18.35.440 Costs of notification to interested persons.
Interested persons who wish to be notified of planning commission and city council hearings shall be sent such notice if they provide the city with a deposit to cover such costs. [Ord. 179 § 6.21, 2001; Ord. ___ § 7.31, 2023.]
Chapter 18.40 (10/24/23)
Chapter 18.35 18.40 ENFORCEMENT
18.35.010 18.40.010 Responsibility for enforcement.
All employees of the city of Point Arena vested with the duty or authority to issue permits, shall conform to the provision of this title and shall issue no permit, certificate or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permits, certificates or licenses issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the city council to enforce the provisions of this title, the general plan, and the local coastal program, pertaining to all development. [Ord. 179 § 7.01, 2001; Ord. ___ § 8.01, 2023.]
18.35.020 18.40.015 Civil penalties.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title, shall be subject to a civil penalty not to exceed $1,000. Such person, firm or corporation, shall be deemed to have committed a separate violation for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm, or corporation and shall be penalized as herein provided. The total amount of civil penalty imposed in any single action brought by the city to enforce the provisions of this title shall not exceed the total costs to the city of such enforcement, including but not limited to the following: attorney’s fees, filing fees, telephone charges, postage, photocopying costs, facsimile transmission costs, and travel expenses.
In addition to all other available remedies, the city may seek to enforce the provisions of the LCP. Any person who performs or undertakes development in violation of the LCP or inconsistent with any coastal development permit previously issued may, in addition to any other penalties, be civilly liable in accordance with the provisions of Public Resources Code Division 20 Section 30820.
Pursuant to Public Resources Code Section 30811, the Coastal Commission may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the provisions of the Coastal Act, and the development is causing continuing resource damage. Pursuant to Public Resources Code Section 30821.6, any person who intentionally or negligently violates a restoration order may be civilly liable for a penalty for each day in which the violation persists. [Ord. 179 § 7.02, 2001; Ord. ___ § 8.02, 2023.]
18.35.030 18.40.020 Public nuisance.
Any earth moving, grading, or any modification of any stream or creek, and any building or structure, including signs and fences, set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title and/or any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance; and the city attorney of said city shall, upon order of the city council, immediately commence action or proceedings for the abatement and take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting Chapter 18.40 (10/24/23)
up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. [Ord. 179 § 7.03, 2001; Ord. ___ § 8.03, 2023.]
18.35.040 18.40.025 Conflict with other regulations and private agreements.
Where conflict occurs between the provisions of this title and the building code or other regulations effective within the city, the more restrictive of any such regulations shall apply. It is not intended that this title shall interfere with or abrogate or annul any easements, covenants, or other agreements now in effect, provided, however, that where this title imposes a greater restriction upon the use of property, buildings or premises than are imposed or required by such agreements, the provisions of this title shall control. [Ord. 179 § 7.04, 2001; Ord. ___ § 8.04, 2023.]
18.35.050 18.40.030 Effect on previously issued permits.
Except as specifically herein provided, it is not intended by this title to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration or enlargement of any buildings, structures, fences or signs, or other improvements, when vested rights have been established. [Ord. 179 § 7.05, 2001; Ord. ___ § 8.05, 2023.]
Chapter 18.45 (10/24/23)
Chapter 18.10 18.45 DEFINITIONS
18.1045.010 General definitions.
Unless the context requires, the definitions set forth or otherwise provided for in this chapter shall be used in the interpretation and construction of this title, words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure,” the word “used” shall include “arranged, designed, constructed, altered, converted, rented, leased, or intended to be used,” and the word “shall” is mandatory and not directory. [Ord. 179 § 2.01, 2001.]
18.10.020.45.015 City council/planning commission.
“City” means the city of Point Arena.
“City council” means the city council of Point Arena.
“Planning commission” means the planning commission of the city of Point Arena or the city council in the absence of a legally constituted planning commission. [Ord. 179 § 2.02, 2001.]
18.10.030 Reference to Appendix A.
The definitions included in Appendix A of this title shall constitute supplementary definitions to be used in the interpretation and construction of this title. [Ord. 179 § 2.03, 2001.] Appendix A SUPPLEMENTARY DEFINITIONS
18.45.020 - Definitions (A)
Acceptable Risk. A hazard that is deemed to be a tolerable exposure to danger given the expected benefits to be obtained. Different levels of acceptable risk may be assigned by the city according to the potential danger and the criticality of the threatened structure. The levels are defined by the city and may range from an acceptable risk “near zero” for nuclear plants and natural gas transmission lines to “moderate” for open spaces, ranches and low-intensity warehouse uses.
Access/Egress. The ability to enter a site from a roadway (access) and exit a site onto a roadway (egress) by motorized vehicle.
Accessible Housing. Units that are accessible and adaptable to the needs of the physically disabled.
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.
Chapter 18.45 (10/24/23)
Accessory Uses. Accessory uses are uses customarily associated with, and appropriate, incidental, and subordinate to the principal use. Accessory uses are typically located on the same lot as the principal use, and do not alter or change the character of the premises.
Acres, Gross. The entire acreage of a site, used for density calculations.
Acres, Net. The portion of a site remaining after public or private rights-of-way and land not developable (see “Developable Land”) are subtracted from the total acreage.
Advertise. To call public attention to a product, business, service, person, institution or location. To make public announcement of, especially to proclaim a product or a business so as to increase sales.
Advertising Area. See “Display Surface.”
Affordable Housing. Capable of being purchased or rented by a household with very low, low, or moderate income, based on a household’s ability to make monthly payments necessary to obtain housing. The state HCD measure of affordable housing is: spending no more than 25 percent of gross income on housing costs.
Affordable Units. All dwelling units made available at prices or rents below market rate.
Affordable units include units affordable to households with very low incomes, low incomes, and moderate incomes.
Aggregate Display Surface. The sum of all display surfaces of all signs located on one parcel.
Aggrieved Person. Any person who, in person or through a representative, appears at a public hearing of the city of Point Arena in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informs the city of Point Arena of the nature of his or her concerns or who for good cause is unable to do either. “Aggrieved person” includes the applicant for a permit.
Agriculture. The tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto but not including slaughter houses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.
Agriculture-Related Business. Feed mills, dairy supplies, poultry processing, creameries, auction yards, veterinarians and other businesses supporting local agriculture.
Allow. Implies refraining from any hindrance. To let do or happen.
Ambient. Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments.
Appropriate. An act, condition, or state which is considered suitable.
Aquaculture. Aquaculture means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit-issuing decisions governed by this division.
Chapter 18.45 (10/24/23)
Architectural Control. Regulations and procedures requiring the exterior design of structures to be suitable, harmonious, and in keeping with the general appearance, historical character, and/or style of surrounding structures or areas.
Architectural Review. The processes used to exercise architectural control. Also referred to as design review.
Assessor’s Parcel. A unit of land for taxation purposes only.
Automobile-Intensive or Automobile-Oriented Use. A use of a retail area which depends on exposure to continuous auto traffic.
Auxiliary Building. A secondary structure clearly subordinate to a main building, such as a tool shed, residential garage, or pump house and not for human occupancy.
18.45.025 - Definitions (B)
B.A.C.T. Best available control technology (per the California Clean Air Act of 1988).
Bed and Breakfast Inn. A residential structure with one family in permanent residence where a maximum of 12 bedrooms without individual cooking facilities are rented for overnight lodging, and where one meal daily is provided. This use type does not include boarding houses, hotel or motels.
Below Market Rate (BMR) Housing Unit. Any housing unit specifically priced to be sold or rented to very low, low, or moderate-income households for an amount less than the fairmarket rent or value of the unit. The U.S. Department of Housing and Urban Development sets standards for determining which households qualify as “very low income,” “low income,” or “moderate income.”
Benefit Assessment District. An area within a public agency’s boundaries which receives a special benefit from the construction of a public facility. A benefit assessment district has no legal life of its own and cannot act by itself. It enables property owners in a specific area to cause the construction of public facilities or to maintain them by contributing their fair share of the construction and/or installation and operating costs.
Biotic Community. A group of living organisms characterized by a distinctive combination of both animal and plant species in a particular habitat.
Blight. A condition of deterioration of a site, structure, or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility.
Bluff. A scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding or excavation of the land mass. The bluff may be simple planar or curved surface or it may be step like in section. For the purposes of this plan, “bluff” is limited to those features having vertical relief of 10 feet or more. “Bluff edge” is the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a step like feature at the top of the bluff face, the landward edge of the topmost riser Chapter 18.45 (10/24/23)
shall be taken to be the bluff edge. Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations.
Boarding House. A dwelling or part thereof where meals or meals and lodging are provided for compensation for three or more persons not transient, but does not include employee housing, group homes, supportive housing or transitional housing.
Buffer Zone. An area of land separating two distinct land uses which acts to soften or mitigate the effects of one land use on the other. All environmentally sensitive habitat areas require a buffer zone around them to protect the sensitive area from significant disruption of habitat values due to future development that may be located near the habitat area.
Building. Any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which common wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building.
Building, Accessory. A subordinate building, the use of which is incidental to that of a main building on the same lot. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed an accessory building.
Building Code. Refers to the Uniform Building Code as adopted by reference by the city of Point Arena and as administered and enforced under contract with the county of Mendocino building department.
Buildout or Build-Out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations.
Business Park. A comprehensively planned collection of offices, businesses, research and development (R & D) activities, and low-intensity/enclosed warehousing, in a park-like setting, not including industrial uses involving manufacturing, production and processing of goods.
18.45.030 - Definitions (C)
California Environmental Quality Act (CEQA). A state law which: (a) defines state environmental goals and the responsibilities of local governments to assist in achieving those goals; and (b) sets forth the requirements for the environmental analysis of proposed public and private projects, including the preparation and/or review of environmental impact reports (EIRs) or the issuance of exemptions and negative declarations.
California Housing Finance Agency (CHFA). A state agency, established by the U.S. Housing and Home Finance Act of 1975, which is authorized to sell revenue bonds and generate funds for the development, rehabilitation, and conservation of very low, low, and moderate-income housing.
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CalTrans. California Department of Transportation.
Campground. A lot on which two or more recreational vehicles or tents are parked or located and used for sleeping or eating purposes on a strictly transient basis.
Canopy. A permanent covering over a walkway or driveway wholly supported on each side by posts or walls or partially supported by posts or a wall and an adjacent building.
Capital Improvements Program. A program which schedules permanent improvements five or six years into the future to fit the city’s projected fiscal capability and to implement the general plan or a specific plan. The program generally is reviewed annually, and the first year of the program is adopted in the city’s annual budget.
CEQA. See “California Environmental Quality Act.”
Clustered Development. Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area.
CNEL. See “Community Noise Equivalent Level.”
Co-Housing. An owner-occupied residential project combining the benefits of private housing with the advantages of communal living whereby each owner has a home, often with a yard, while also co-owning and sharing common spaces and facilities with fellow residents.
Coastal Commission. The California Coastal Commission as established in the California Coastal Act of 1976.
Coastal Development Permit. A permit for any development within the coastal zone that is required pursuant to Section 30600(a) of the California Coastal Act of 1976. (Also known as development permit.)
Coastal Zone. That land and water area of the state of California within the city limits of the city of Point Arena, specified on the maps identified and set forth in Section 17 of the California Coastal Act of 1976.
Coastal-Dependent Development or Use. Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
Coastal-Related Development or Use. Any development or use that is dependent on a coastaldependent development or use.
Commercial Agriculture. The growing of crops for food or fiber, or grazing or raising of livestock with the intent to sell the products for profit. Commercial agriculture does not include crops or agriculture grown for personal consumption or equestrian uses.
Commercial Coach. A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit, and shall include a trailer coach.
Common Open Space. Refers to the required unimproved area (land or water) of a planned residential development (PRD) project, including permanent open space lands, unbuildable land, and land reserved for outdoor recreational purposes. Common open space shall be in Chapter 18.45 (10/24/23)
addition to land required or provided for off-street parking, required side, rear or front yards, private decks and patios.
Common Wall. See “Building.”
Community Care Facility. Elderly housing licensed by the State Health and Welfare Agency, Department of Social Services, typically for residents who are frail and need supervision.
Services normally include three meals daily, housekeeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services such as assistance in grooming and bathing, but no nursing care. Sometimes referred to as residential care or personal care.
Community Development Block Grant (CDBG). A grant program administered by the U.S.
Department of Housing and Urban Development (HUD) and the State Department of Housing and Community Development (HCD). This grant allots money to cities and counties for housing and community development. Jurisdictions set their own program priorities within specified criteria.
Community Noise Equivalent Level (CNEL). A 24-hour energy equivalent level derived from a variety of single-noise events, with weighting factors of 5 and 10 dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) periods, respectively, to allow for the greater sensitivity to noise during these hours.
Community Park. Land with full public access intended to provide recreation opportunities beyond those supplied by neighborhood parks. Community parks are larger in scale than neighborhood parks but smaller than regional parks.
Compatible. Capable of existing together without conflict or ill effects.
Comprehensive Development Plan. A thorough depiction in maps, diagrams and text of a proposal to develop one or more parcels of land as one unit, showing development phases and all proposed activities and uses at a level of detail sufficient to communicate all information that the planning commission may require in order to have a full picture of a development proposal and its likely impacts.
Concept Plan. Text and maps sufficient to describe the overall concept of a development proposal and its likely impacts, including proposed grading, treatment of existing trees, land uses, egress and ingress, traffic circulation, utilities, and residential densities, placement of structures, and associated environmental impacts.
Conditional Use. Use that is not an entitlement or use by right, which may or may not be acceptable to the city, or may be acceptable only if certain conditions are met. At its sole discretion the city may or may not issue a conditional use permit, or may, after making appropriate findings, attach such reasonable conditions as it sees fit and are in the public interest, which conditions are binding on the owner/developer.
Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store.
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A condominium may include, in addition, a separate interest in other portions of such real property.
Conservation. The management of natural resources to prevent waste, destruction, or neglect.
Consistent. Free from variation or contradiction. Policies and programs in the general plan are to be consistent with each other, not contradictory or preferential. State law requires consistency between a general plan and implementation measures such as the zoning ordinance.
Convalescent Home. A structure or part of a structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, in which primary treatment, such as customarily are given in hospitals or sanitariums, is not provided.
18.45.035 - Definitions (D)
Day Care Center. Any type of group child day care program, including nurseries of children of working mothers; nursery schools for children under minimum age for education in public schools; privately-conducted kindergartens when not part of a public or parochial school; programs covering after-school care for school children, etc., all of which must be conducted in accordance with state and local requirements.
dB or Decibel. A unit of sound measurement used to express the relative intensity of a sound.
The decibel measuring scale is logarithmic. Zero (0) dB on the scale is the lowest sound level that a normal ear can detect under very quiet (laboratory) conditions and is referred to as the “threshold of hearing.”
dB(A). Sound pressure level in decibels (dB) as measured on a sound level meter using the “Aweighted” filter network. “A-weighting” de-emphasizes very low and very high frequencies in a manner similar to the response of the human ear. An increase of 10 dB(A) is equivalent to a doubling in perceived sound level. When used by itself, dB(A) denotes either a sound level at a given instant, a maximum level, or a steady-state level.
Dedication. The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, open spaces, or other public uses often are made conditions for city approval of a development.
Dedication, In lieu of. Cash payments which may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot or square foot of land or building area, and referred to as “in lieu fees” or “in lieu contributions.” 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 ratio, 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 Chapter 18.45 (10/24/23)
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.
Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity, or inclusion of affordable housing units, at the same site or at another location. Density bonuses governed by Government Code Section 65915 are defined as a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, county, or city and county. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b) of Government Code Section 65915.
Design Assistance/Design Review. The process of subjecting a development proposal to technical and public scrutiny and review, and to possible modification, in order to ensure that suitable attention is given in site and building design to landscaping and screening, preservation of natural resources, preservation of architectural and significant historic resources, preservation of coastal resources, and to site planning. A design assistance committee is authorized by the zoning ordinance to carry out the city’s design assistance and review functions.
Developable Acres, Net. The portion of a site remaining after removing or deducting public or private road rights-of-way and land not developable, and which can then be built upon. Net acreage includes required yards or setbacks.
Developable Land. Land which is suitable as a location for structures or uses and which can be developed free of development hazards, and without disruption of, or significant impact on, natural resource areas and coastal resources.
Developer. The person, group of persons, corporation, partnership, firm or association proposing to undertake a development as defined in this title.
Development. Development means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations, which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
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As used in this plan, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
Development Agreement. A legal and enforceable instrument binding the city and a developer equally, which may specify conditions, terms, restrictions and regulations pertaining to all aspects of a development. Development agreements are subject to: public hearings; the making of findings as to consistency with the city’s general plan; and recordation with the county recorder. If consistent with the certified LCP, development agreements are authorized by California Planning Law as a means for locking in the specific terms of a city-developer arrangement and for formalizing vested rights in a development plan. A development agreement may require the review and approval of the Coastal Commission prior to it becoming final and fully effective.
Development Fees. A monetary exaction, other than a tax or special assessment, which is charged by the city in connection with a development project, the purpose of which is to defray all or a portion of the costs of public facilities related to the development project, and subject to the provisions of Sections 66000 through 66025 of the California Government Code.
Development Permit. Same as “Coastal Development Permit.” Directional Sign. A sign providing information that is limited to describing the location of a building, facility, group of buildings, event, town, city, or other place.
Discourage. To advise or persuade to refrain from.
Display Surface. The area of the smallest plane figure which can be made to enclose the message, word, symbol, design, picture or visual medium visible on the surface of any sign.
Where a sign includes surfaces facing in different directions, the display surface shall be the largest total area of display surface visible from any one direction. In the case of a volumetric sign, the display surface shall be the largest plane cross-section thereof.
Diversion. The direction of water in a stream away from its natural course (i.e., as in a diversion that removes water from a stream for human use).
Double-Faced Sign. A sign with two faces back-to-back, and not less than 345 degrees between display surfaces.
Duplex. A freestanding building designed for and/or occupied by two families living independently of each other and with individual and separate cooking facilities.
Dwelling, Multifamily. A building or portion thereof, or a complex of two or more buildings, used and/or designed as residence for three or more families living independently of each other, and doing their own cooking in said building(s), including apartment houses, but not including transient accommodations.
Dwelling, Single-Family. A freestanding building designed for and/or occupied exclusively by one family.
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Dwelling, Townhouse. A dwelling unit with a ground-level story located in a building which includes two or more such dwelling units and each dwelling unit, together with the underlying lot, is owned separately from any other dwelling unit and lot.
Dwelling Unit. One room or a suite of two or more rooms in a building designed for, intended for, or used by one family, which family lives, sleeps, and cooks therein and which unit has one kitchen or kitchenette.
18.45.040 - Definitions (E)
Easement. Usually, the right to use property owned by another for specific purposes.
Easements are either for the benefit of land, such as the right to cross A to get to B, or in gross, such as a public utility easement. For example, rear lots without street frontage may be accessed via an easement over the front lots. Utility companies use easements over the private property of individuals to be able to install and maintain utility facilities.
Easement—Conservation. A tool for acquiring open space at a cost less than full-fee purchase, whereby a public agency buys only certain specific rights from the landowner. These may be positive rights (providing the public with the opportunity to hunt, fish, hike, or ride over the land), or they may be restrictive rights (limiting the uses to which the landowner may devote the land in the future).
Easement, Scenic. A tool that allows a public agency to use, at nominal or no cost, private land for scenic enhancement, such as roadside landscaping or vista preservation.
Ecosystem. An interacting system formed by a biotic community and its physical environment.
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.
Element. A chapter or section of the Point Arena general plan which addresses a specific topic and sets forth public policies and programs pertaining to that topic. California Planning Law mandates that each city and county prepare and adopt a general plan containing at least seven specified elements (land use, circulation, open space, conservation, noise, safety, and housing).
Emergency Shelter. A facility that provides immediate and short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See “Homeless” and Transitional Housing.”) Temporary housing with minimal supportive services for persons experiencing homelessness, which is limited to occupancy of 6 months or less and is operated by a government agency or private non-profit organization. Emergency shelters may be in the form of dormitory or congregate housing, or individual shelters provided at no cost to persons without permanent housing.
Operations may be seasonal or year-round and client services may be offered, including but not limited to, counseling, medical evaluation, and job/life skills training in addition to food, showers and sleeping accommodations. Emergency shelters shall include interim housing interventions including but not limited to a navigation center, bridge housing, and respite or recuperative care.
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Encourage. To stimulate or foster a particular condition through direct or indirect action by the private sector or governmental agencies.
Energy Facility. Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
Enhance. To improve existing conditions by increasing the quantity or quality of beneficial uses.
Environment. CEQA defines environment as “the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance.” The general plan defines environment to also include social and economic conditions.
Environmental Analysis. The process mandated by the California Environmental Quality Act (CEQA) to ensure that state environmental policies are implemented and that the impacts of proposed projects in Point Arena are systematically evaluated and subject to public review before said project is approved and permits are issued to alter any site or commence any development public or private.
Environmental Impact Report (EIR). A report that assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action. See “California Environmental Quality Act.” Environmentally Sensitive Area. Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development.
Environmentally sensitive areas include, but are not limited to, areas containing wetlands, riparian vegetation, and the habitat of the Point Arena mountain beaver.
Environmentally Sensitive Habitat Area (ESHA). Area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in the ecosystem and which could be easily disturbed or degraded by human activities and developments.
ESHA Buffer Zone. A native vegetation buffer provided around environmentally sensitive habitat areas to serve as transitional habitat and provide distance and physical barriers to human intrusion. The ESHA buffer is a sufficient size to ensure the biological integrity and preservation of the ESHA it is designed to protect. All buffers are a minimum of 100 feet in width and shall be larger if necessary to protect the resources of the particular habitat area from possible significant degradation caused by the proposed development. No buffer may be less than 100 feet unless it can be demonstrated, based on criteria in Section 18.25.220 and after city consultation with the California Department of Fish and Game, that 100 feet is not necessary to protect the resources of the particular habitat area from significant degradation caused by the proposed development. No buffer area may be less than 50 feet in width.
Erosion. The loosening and transportation of rock and soil debris by wind, rain, or running water; and/or the gradual wearing away of the upper layers of earth.
ESD. The use equivalent to single-family dwelling units.
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Exaction. A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in subdivision and other local land use regulations.
18.45.045 - Definitions (F)
Family. One person; or two or more persons related by blood, marriage or adoption; or a group not in excess of five unrelated persons living together as a single housekeeping unit. One or more persons sharing a dwelling unit, whether or not related by blood, marriage or adoption.
Farmers Home Administration (FmHA). A federal agency providing loans and grants for improvement projects and low-income housing in rural areas.
Farmworker. A person who works full or part-time (twenty-four (24) hours or more per week) in the service of a commercial agricultural operation.
Fast-Food Restaurant. Any retail establishment intended primarily to provide short-order food services for on-site dining and/or take-out, including self-serve restaurants (excluding cafeterias where food is consumed on the premises), drive-in restaurants, and formula restaurants required by contract or other arrangement to offer standardized menus, ingredients, and fastfood preparation.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Feasible, Technically. Capable of being implemented because the industrial, mechanical, or application technology exists.
Fence. A masonry wall, or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of screening, enclosing space or separating activities or parcels of land, but not including retaining walls.
Fill. Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed on any lands, including submerged areas.
Final Map. The official map recording a subdivision or parcel split, which map must conform in all respects to the state Subdivision Map Act and substantially conform with an approved tentative map or parcel map.
Finding(s). The result(s) of an investigation and the basis upon which decisions are made.
Findings are made by government agents and bodies prior to taking action, and are a record of the justifications for such action(s).
Finished Grade. The average of the finished ground level at the center of all walls of a building.
Fiscal Impact Analysis. A projection of the direct public costs and revenue resulting from population or employment change to the local jurisdiction in which the change is taking place; enables local governments to evaluate the fiscal merits of proposed projects.
Flood, 100-Year. The magnitude of a flood expected to occur on the average every 100 years, based on historical data. The 100-year flood has a 1/100, or one percent, chance of occurring in any given year.
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Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to the city (copy available for review at City Hall).
Floodplain. The relatively level land area on either side of the banks of a stream regularly subject to flooding. That part of the floodplain subject to a one percent chance of flooding in any given year is designated as an “area of special flood hazard” by the Federal Insurance Administration.
Floor Area, Gross. The enclosed area of a building measured from an exterior surface to exterior surface, but excluding the following: exterior balconies and galleries covered but not enclosed; patios, atriums, and the like if not covered; common-use areas for all tenants; garages and carports; major mechanical equipment rooms.
18.45.050 - Definitions (G)
General Plan. A compendium of the city’s policies and programs regarding its long-term development, in the form of official maps and accompanying text. The general plan is a legal document required of each local agency by the state of California Government Code Section 65301, is adopted by the city council, and serves as the policy basis for this title.
Geologic Review. The analysis of geologic hazards, including all potential seismic hazards, surface ruptures, liquefaction, landsliding, mudsliding, flooding, tsunamis, and the potential for erosion and sedimentation.
Goal. A general, overall, and ultimate purpose, aim, or end toward which the city will direct effort (see the Point Arena general plan).
Grade. To move earth or native material by mechanical means.
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 percent of the existing living area; the area of floor space of a detached granny unit may not exceed 1,200 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.
Grasslands. Land preserved for pasturing or mowing, in which grasses are the predominate vegetation.
Groundwater. Water under the earth’s surface, often confined to aquifers capable of supplying wells and springs.
Groundwater Recharge. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water-holding areas which provide underground storage.
Group homes. Group homes means housing being used as a supportive living environment shared and used by unrelated persons with disabilities. Group Homes may serve children, the elderly or chronically ill, individuals with developmental disabilities, or adults recovering from or being treated for alcohol or drug addiction. A group home operated by a single operator or service provider (whether licensed or unlicensed) can include residential care facilities, Chapter 18.45 (10/24/23)
supportive housing, transitional housing and other similar communal housing facilities but does not include boardinghouses. A group home that does not require state licensing or does require state licensing but serves six or fewer persons, is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
Growth Management. The use by a community of a variety of techniques in combination to establish the amount, type, and rate of growth desired by the community and to channel that growth into designated areas. Growth management policies can be implemented through growth rates, zoning, capital improvements programs, public facilities ordinances, urban limit lines, and other programs.
Guest House. A structure accessory to a dwelling with sleeping and bathroom facilities that is not continuously occupied for residential purposes, and lacking any kitchen facilities clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling.
Guidelines. General statements of policy direction around which specific details may be later established.
18.45.055 - Definitions (H)
Habitat. The physical location or type of environment in which an organism or biological population lives or occurs.
Handicapped. A person determined to have a physical impairment or mental disorder expected to be of long or indefinite duration. Many such impairments or disorders are of such a nature that a person’s ability to live independently can be facilitated by appropriate housing conditions.
Hazardous Material. An injurious substance, including (among others) pesticides, herbicides, poisons, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, and nuclear fuels.
Height. The vertical distance from the average finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof, whichever is the highest.
Highly Scenic Areas. Includes:
(l) Landscape preservation projects designated by the State Department of Parks and Recreation in the California Coastline Preservation and Recreation Plan; (2) Open areas of particular value in preserving natural landforms and significant vegetation, or in providing attractive transitions between natural and urbanized areas; and (3) Other scenic areas and historical districts designated by cities and counties.
High-Occupancy Structure. Any building the use of which may include public assembly or occupancy at any time by large numbers of people, including but not limited to school, churches, social halls, and theaters.
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Historic Preservation. The preservation of historically-significant structures and neighborhoods in as near authentic form and design as possible.
Home Occupation. A use, which may be a commercial enterprise, customarily conducted within a dwelling or accessory building by the inhabitants of the dwelling and which use is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the character of the dwelling, premises or neighborhood, or cause significant impact or nuisance.
Home Occupation Permit. A permit that the city may issue to a homeowner or renter on a conditional basis to authorize a home occupation, which permit becomes valid upon the paying of a business license fee.
Homeless. Persons and families who lack a fixed, regular, and adequate nighttime residence.
Includes those staying in temporary or emergency shelters or who are accommodated with friends or others with the understanding that shelter is being provided as a last resort.
California Housing Element law, Section 65583(c)(1), requires all cities and counties to address the housing needs of the homeless. See “Emergency Shelter” and “Transitional Housing.” Hospice. A home for people who are ill (especially terminally) or destitute.
Hotel. Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six or more transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house or inn, but shall not include bed and breakfast inns as defined herein.
Household. One or more persons who share a dwelling unit. Not to be confused with “Family.” Household Income. Classifications:
Very Low not exceeding 50 percent of the area (Mendocino County) median income
Other Lower between 50 percent and 80 percent of the area median income Moderate between 80 percent and 120 percent of the area median income Above
Moderate
above 120 percent of the area median income
Housing and Community Development Department of the State of California (HCD). The state agency principally charged with assessing whether, and planning to insure that, communities meet the housing needs of very low, low, and moderate-income households and adopt housing elements as part of their general plans.
Housing and Urban Development, U.S. Department of. A cabinet-level department of the federal government (HUD) which administers housing and community development programs nationwide and may provide local housing assistance.
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Housing Authority, Local (LHA). Local housing agency established in state law, subject to local activation and operation. Originally intended to manage certain federal subsidies, but vested with broad powers to develop and manage other forms of affordable housing. The LHA for Point Arena is the county of Mendocino.
Housing Need. A local share of the regional housing units assumed by the Mendocino County Council of Governments (MCOG) to be “needed.” Housing need is distinguished from housing demand, which is a function of marketing activities. Housing projections represent probable levels of housing construction activity in each jurisdiction of the county.
Housing Unit. The term used by the U.S. Census Bureau. A housing unit must have a separate entrance from other housing units but need not have separate kitchen facilities.
18.45.060 - Definitions (I)
Illuminated Sign. Any sign provided with light either internally or by turning or focusing a light source upon it.
Impact Fees. Fees levied on the developer of a project by the city as compensation for unmitigated impacts the project will produce.
Impervious Surface. Surface through which water cannot penetrate, such as roof, road, sidewalk, and paved parking lot. The amount of impervious surface increases with development and establishes the need for drainage facilities to carry the increased runoff.
Implementation. Actions, procedures, programs, or techniques that carry out policies. “Implementing actions” means the ordinances, regulations, or programs which implement the policies of the certified local coastal program and which have been certified by the Coastal Commission.
Industrial. The manufacture, production, processing or reprocessing, and storage of goods, including quarrying, factories, chemical storage, corporation yards, mining, etc.
Industrial Park. A planned assemblage of buildings designed for and restricted to industrial activities such as: manufacturing, processing and production of goods (to be distinguished from “Business Park”).
Infill. Development of vacant land (usually individual lots or left-over properties) within areas which are already largely developed such as downtown Point Arena.
Infrastructure. The grid of public roads and utilities that is necessary to make urban development, including housing, occur.
Initial Study. A preliminary analysis by the city of a proposed project that is intended to determine whether an environmental impact report (EIR) must be prepared or a negative declaration will be sufficient. The term is more fully defined in CEQA.
Inn. A building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six or fewer transient commercial guests, with no guest kitchens.
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Interagency. Between and among agencies. Indicates cooperative actions between or among two or more discrete city, county, special district and State agencies in regard to a specific program.
Interest, Fee. A share or right in property that entitles a landowner to exercise complete control over disposition and use of land, subject only to government land-use regulations (“fee” is synonymous with “fee simple” or ownership).
Interest, Less-Than-Fee. An interest in land other than outright ownership; includes the purchase of development rights via conservation, open space, or scenic easements. See “Development Rights,” and “Easement, Scenic.”
Intermittent Stream. A stream that normally flows for at least 30 days after the last major rain of the season and is dry a large part of the year.
18.45.065 - Definitions (J)
Joint Powers Authority (JPA). A legal arrangement that enables two or more units of government to share authority in order to plan and carry out a specific program or set of programs that serves both units.
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.
18.45.070 - Definitions (K)
Kennel. Any premises, except those accessory to an agricultural use, where five or more small domestic animals, not sick or injured, are boarded for compensation, or cared for, or trained for hire, or are kept for sale or breeding purposes.
18.45.075 - Definitions (L)
Landmark. Refers to a building or site having historic, architectural, social, or cultural significance and designated for preservation by the local, state, or federal government. Also a significant tree.
Landscaping. Planting, including trees, shrubs, and groundcovers, suitably designed, selected, installed, and maintained so as to permanently enhance a site, the surroundings of a structure, or the sides or medians of a roadway.
Lands Suitable for Agriculture. Lands on which existing or potential agricultural use is feasible, including dry farming, animal grazing, and timber harvesting.
Land Use and Development Map. One of the official maps of the Point Arena general plan, certified by the California Coastal Commission, which aids in the depiction of land-use policies of the general plan. Also known as the land use plan map.
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Land Use Categories. A classification system for the designation of appropriate and legal use of properties. Land-use categories are used on the general plan land use and development map to designate permissible uses, in the city’s zoning ordinance, and on the zoning map.
Land Use and Development Element. A land use and development element is a basic component of the general plan/LUP, it combines text and maps to designate the future use or reuse of land within the city’s planning area. The land-use and development element serves as a guide to the structuring of zoning and subdivision controls and capital improvement programs, and to official decisions regarding the distribution and intensity of development and the location of public facilities, transportation routes, and open spaces.
Land Use Plan. The relevant portion of a local government’s general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. The land use plan for Point Arena is a component of the Point Arena local coastal program (LCP) which was adopted by the Point Arena city council and certified by the state Coastal Commission in 1980, and is scheduled for recertification upon adoption of the 2001 general plan. Subjects required in the land use plan include: coastal access, marine/water resources, sensitive habitats, hazard areas, recreational/commercial boating, public works/agriculture, recreation/visitor-serving facilities, industrial/energy facility development, housing, visual resources, planning/locating new development and diking, dredging and filling. Once certified by the Coastal Commission, the 2001 general plan, not including the housing element, will be the Point Arena land use plan.
Land Use Permit. Same as “Coastal Development Permit.”
Ldn or Day-Night Average Sound Level. The A-weighted average sound level for a given area (measured in decibels (dB)) during a 24-hour period, with a 10 dB weighting applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.
Leq. The energy equivalent level, defined as the average sound level on the basis of sound energy (or sound pressure squared). The Leq is a “dosage” type measure and is the basis for the descriptors used in current standards, such as the 24-hour CNEL used by the state of California.
The steady-state A-weighted sound level containing the same energy as a time-varying signal; an average of the sound levels for a given sample time, typically one to 24 hours. Leq(5) would indicate a five-hour sample time.
Level of Service (LOS). A qualitative measure describing the efficiency of a traffic stream including the way such conditions are perceived by persons traveling in a traffic stream. Levelsof-service measurements describe variables such as speed and travel time, freedom to maneuver, traffic interruptions, traveler comfort and convenience, and safety. It is a scale that measures the operating capacity likely to be encountered on a roadway or at the intersection of roadways, based on a volume-to-capacity ratio, with levels ranging from A to F, with A representing the lowest volume-to-capacity ratio with free flow and excellent comfort for the motorist, passenger, or pedestrian; and F the highest level of service reflecting highly congested traffic conditions where traffic volumes exceed the capacities of streets, sidewalks, etc. See “Volume-to-Capacity Ratio.”
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(1) Level-of-Service A represents free flow. Individual users are virtually unaffected by the presence of others in the traffic stream. The general level of comfort and convenience provided to the motorist or passenger is excellent.
(2) Level-of-Service B is in the range of stable flow, but the presence of other users in the traffic stream begins to be noticeable. There is a slight decline in the freedom to maneuver within the traffic stream. The level of comfort and convenience provided is somewhat less than at LOS A, because the presence of others in the traffic stream begins to affect individual behavior. (3) Level-of-Service C is in the range of stable flow but marks the beginning of the range of flow in which the operation of individual users becomes affected by interactions with others in the traffic stream. Maneuvering within the traffic stream requires vigilance on the part of the user.
The general level of comfort and convenience declines at this level. (4) Level-of-Service D represents high-density but stable flow. Freedom to maneuver is severely restricted, and the driver experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. (5) Level-of-Service E represents operating conditions at or near the capacity level. Freedom to maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a vehicle or pedestrian to “give way” to accommodate such maneuvers. Comfort and convenience levels are extremely poor, and driver frustration is generally high. Operations at this level are usually unstable, because small increases in flow or minor disturbances within the traffic stream will cause breakdowns.
(6) Level-of-Service F is used to define forced or breakdown flow. This condition exists wherever the amount of traffic approaching a point exceeds the amount which can traverse the point. Queues form behind such locations. Operations with the queue are characterized by stop-and-go waves, and they are extremely unstable. Vehicles may progress at reasonable speeds for several hundred feet or more, then be required to stop in a cyclic fashion.
Live-Work Space. A studio, workroom or loft, together with a living space including a kitchen and bath, which space is not necessarily divided into separate rooms and is intended for those whose art or craft is conducted in a joint living and working environment.
Lmax. The maximum A-weighted sound level during a noise event, or sample period.
Lmin. The minimum A-weighted sound level at a given location. This corresponds to the ambient background noise level.
Local Agency Formation Commission (LAFCO). A county commission that reviews and evaluates all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Each county’s LAFCO is empowered by state statutes to approve, disapprove, or conditionally approve these proposals.
Local Coastal Program (LCP). A local government’s: (1) land use plans; (2) zoning ordinances; (3) zoning district maps; and (4) within sensitive coastal resource area, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act, and upon recertification must be adhered to, implemented by the Chapter 18.45 (10/24/23)
city, and monitored by the Coastal Commission. The pre-2006 LCP consisted of the 1981 land use plan and the zoning ordinance. The 2006 certified LCP consists of the general plan/LUP, not including the housing element, the zoning ordinance, and the second dwelling unit ordinance.
Lot. A tract of land lawfully established and officially recorded in the county recorder’s office, which constitutes a unit of land the ownership of which is legally transferable and is considered a unit for purposes of development and density calculations.
Lot Area. The total horizontal area included within lot lines excluding any street rights-of-way.
Lot, Corner. A lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is 130 degrees or less.
Lot Frontage. The line separating a lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot.
Lot, Interior. A lot other than a corner lot.
Lot Lines. The lines bounding a lot as defined herein.
Lot Line, Rear. The boundary of a lot opposite and most nearly parallel to the front lot line.
Lot, Nonconforming. Any lot existing and recorded as a separate parcel in the office of the county assessor at the effective date of the zoning ordinance which does not conform to the area or width requirements of the district in which it is located or does not conform to the subdivision regulations of the city of Point Arena.
Low Barrier Navigation Center. Low barrier navigation center is a type of emergency shelter, and means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Low-Income Household. Households with incomes of 51 to 80 percent of the area median household income. It is determined by a survey of incomes conducted by the city or by Mendocino County, or in the absence of such a survey, based on the latest available findings for the county as provided by the U.S. Department of Housing and Urban Development (HUD).
18.45.080 - Definitions (M)
Manufactured Housing. Houses which are constructed entirely in the factory, and which since 1976 have been regulated by the Federal Manufactured Home Construction and Safety Standards under the administration of the U.S. Department of Housing and Urban Development (HUD).
Market Rate Units. Those dwelling units available at prices or rents at or above the market rate, which are those prices determined by market demand.
May. That which is permissible.
Median Household Income. The middle point at which half of the city’s households earn more and half earn less. In 1991 the median household income for Mendocino County was $30,500 per year.
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Minimize. To reduce or lessen, but not necessarily to eliminate.
Minipark. Small neighborhood park of approximately one acre or less. It may also be referred to as tot lot when reserved for very young children.
Mitigate. To ameliorate, alleviate, or avoid to the extent reasonably feasible. According to CEQA, mitigations include: (1) avoiding an impact by not taking a certain action or parts of an action; (2) minimizing an impact by limiting the degree or magnitude of the action and its implementation; (3) rectifying an impact by repairing, rehabilitating, or restoring the environment affected; (4) reducing or eliminating an impact by preserving and maintaining operations during the life of the action; (5) compensating for an impact by replacing or providing substitute resources or environments.
Mixed Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A single site may include contiguous properties.
Mobile Home. An independent structure equipped with a toilet for sewage disposal that is transportable in one or more sections, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach or factory-built housing.
Mobile Home Park. A lot on which two or more mobile homes are located and used for sleeping, cooking or eating purposes, subject to the city’s special mobile home park regulations (see Section 18.25.300).
Moderate-Income Household. Households with incomes of 81 to 120 percent of the area median income, as determined by a survey of incomes conducted by Mendocino County, or in the absence of such a survey, based on the latest available findings for the county as provided by the U.S. Department of Housing and Urban Development (HUD).
Modular Unit. A factory-fabricated, transportable building or major component designed for use by itself or for incorporation with similar units on-site into a structure for residential, commercial, educational, or industrial use. A modular unit does not have any chassis for future movement. See also “Mobile Home.”
Motel. A building or group of buildings comprising dwelling units for the accommodation of transient guests, which is designed so that parking is on the same building site and is conveniently accessible from the living units without having to pass through any lobby or interior court. This definition includes auto court, tourist court, and motor hotel; but does not include a hotel and does not include accommodations for mobile homes or trailers.
Mountain Beaver Buffer Area. A 500-foot wide area measured from the centerline of Point Arena Creek or the edge of or centerline of (if a creek) any other area which may contain species of the Point Arena mountain beaver and where special consideration may be necessary if signs of the mountain beaver are found within this radius.
Multifamily Dwelling or Area. A building or site legally accommodating more than one family or dwelling units or complexes housing more than one family.
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Multifamily Useable Open Space. Any useable outdoor area of a multifamily residential project in a MR or HWC zone, which area is reserved and designed for common use by the project’s occupants. This space is in addition to space provided for required yards and off-street parking, and for private patios and decks.
Must. That which is mandatory (equivalent to “shall”).
18.45.085 - Definitions (N)
Natural State. The condition existing prior to any development or change in site conditions.
Necessary. Essential or required.
Need. A condition requiring supply or relief. The city may act upon findings of need within or on behalf of the community.
Negative Declaration. A written statement, governed by CEQA, certified by a public agency describing reasons that a proposed project will not have a significant effect on the environment and, therefore, does not require an environmental impact report (EIR).
Neighborhood Park. Publicly-owned land intended to serve the recreation needs of people living or working within a one-half mile radius of the park and also intended to contribute to a distinct neighborhood identity.
New. Any use established, building or structure constructed, development undertaken, or lot created after the effective date of this title or other ordinance.
Noise Attenuation. Reduction of the level of a noise source using a substance, material, or surface, such as earth berms and/or solid concrete walls.
Noise Contour. A line connecting points of equal noise level as measured on the same scale.
Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential developments. New residential developments within the 60 Ldn contour (60 Ldn and greater) must meet noise attenuation standards as required by Title 25 of the California Administrative Code—Noise Insulation Standards.
Nonattainment. The act of not achieving a desired or required level of performance. Frequently used in reference to air quality.
Nonconforming. A structure and/or land use which was lawfully established but which does not now conform with the land use, yard, height, or other requirements and conditions of the zoning ordinance.
Nonconforming Sign. A sign lawfully erected, established and maintained prior to the effective date of the ordinance codified in this title, but which could no longer be allowed due to changing sign code restrictions.
Non-Prime Agricultural Land. Coastal agriculture lands that are not in use for crops or grazing, or that are suitable for agriculture but do not qualify as “prime.” Nursing Home. See “Convalescent Home.”
18.45.090 - Definitions (O)
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Objective. A specific statement of desired future conditions toward which the city will expend effort in the context of striving to achieve a broader goal.
Off-Site Sign. A sign which is located on a parcel other than that occupied by the product, service, business, person, institution, or location advertised (also called an “off-premises sign”).
Off-Street Loading. A site, or portion of a site, devoted to the loading or unloading of vehicles, including loading berths, aisles, access drives, and landscaped areas.
Off-Street Parking. A site, or portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas.
Open Space Lands. Any area of land or water which is essentially unimproved and devoted to an open-space use such as: (1) the preservation of natural resources; (2) managed production of resources; (3) outdoor recreation; (4) public health and safety. (Government Code Section 65560 and Public Resource Code 5076.)
Opportunities and Constraints Maps. Three of the four official maps of the 2001 general plan, which depict sites, areas, conditions and situations which may constrain development, or suggest opportunities, which constraints and opportunities shall be taken into account in the project planning process prior to commencing any development. The opportunities and constraints maps include: (1) the scenic corridors map; (2) the natural hazards map; and (3) the biological resources and trails map.
Outdoor Recreation Use. A privately-owned or publicly-owned or operated use providing facilities for outdoor recreational activities.
Overlay. A land use designation on the land use and development map, or other map, or a zoning designation on a zoning map, which modifies the basic underlying designation and set of standards in some specific manner.
Ownership. Ownership of property (or possession thereof under a contract to purchase or under a lease, the term of which is not less than 10 years) by a person or persons, firm, corporation, or partnership (individually, jointly, in common, or in any other manner) whereby such property is under single or unified control. The term shall include condominium ownership. The term “owner” shall be deemed to mean the person, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person duly authorized by written instrument to act for the owner.
18.45.095 - Definitions (P)
Parcel. A lot, or contiguous group of lots, in single ownership or under single control, usually considered a unit for purposes of development (also see “Lot”).
Parcel Map. A map depicting the establishment of up to four new lots by splitting a recorded lot. Parcel maps are subject to the California Subdivision Map Act and the city’s subdivision regulations, the Coastal Act and the CDP requirements of the certified LCP.
Parking Area, Common. A public or private parking area used jointly by two or more uses.
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Parking Lot, Public. An open area, other than a street or alley, used for the parking or storage of vehicles, and available for public use.
Peak Hour. For any given traffic facility, the daily, 60-minute period during which traffic volume is highest.
Performance Standards. Zoning regulations that admit uses based on a particular set of standards of operation rather than on the basis of a particular type of use. Performance standards may be established to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic generation, and visual impact of a use, and may be used to distinguish which uses, based on their likely standards of performance, are acceptable in a particular setting.
Permitted/Permissible Uses. Same as “Use by Right.”
Person. Any individual, public, or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as to rights or duties.
Personal Services. Services of a personal convenience nature, as opposed to products. Personal services include barber and beauty shops, shoe and luggage repair, fortune tellers, photographers, laundry and cleaning services and pick-up stations, copying, repair and fitting of clothes, accountants, lawyers, massage therapists, and similar services.
Physical Diversity. A quality of a site, city, or region in which are found a variety of architectural styles, natural landscapes, and/or uses.
Planned Community. A large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity and in accordance with a comprehensive development plan; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association.
Planned Commercial Development (PCD). Same as planned residential development (PRD), except pertains to properties designated on the zoning map as commercial.
Planned Residential Development (PRD). A procedure for plan preparation, review and approval of large-scale, comprehensively-planned residential projects. Allows for flexibility of design and layout, and mixed uses, as well as creative approaches to site and building designs.
Functions as an overlay of residential zoning and is a mandatory procedure for the development of parcels 10 acres and larger.
Planning Area. A term referring to the entire area of jurisdiction and concern for the city of Point Arena’s planning purposes. Also refers to the lot or lots included within a planned development.
Policy. A specific statement of principle which implies clear commitment. A duly-adopted directive that all development in the city must satisfy.
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Pollution, Non-Point. Sources of pollution which are difficult to define and which usually cover broad areas of land, such as the carrying of fertilizers from agricultural land by runoff or the carrying of smog from one area to another.
Pollution, Point. A discrete source from which a pollution is generated before it enters receiving waters or the air, such as a sewer outfall or an industrial waste pipe.
Preserve. See “Protect.”
Prime Agricultural Land. Per California Government Code Section 51201(c) and California Public Resources Code Section 30113, the term means any of the following:
(1) All land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classifications;
(2) Land which qualifies for rating 80 through 100 in the Storie Index Rating; (3) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the U.S.D.A.;
(4) Land planted with fruit or nut bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre;
(5) Land which has returned from the production of unprocessed agricultural plant products on an annual gross value of not less than $200.00 per acre for three of the five previous years.
Professional Office Use. A use providing professional or consulting services in the fields of, but not limited to, law, architecture, design, engineering, accounting, and similar professions and activities.
Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific objective. Policies and programs establish the “who,” “how,” and “when” for carrying out the “what” and “where” of goals and objectives.
Project. See “Development.”
Pro Rata. Refers to the proportionate distribution of the cost of infrastructure improvements associated with new development to the users of the infrastructure on the basis of projected use.
Protect. To maintain and preserve beneficial uses in their present condition as nearly as possible. See “Enhance.”
Public Trust Lands. Lands subject to Common Law Public Trust (a sovereign public property right held by the state for the benefit of the people) for commerce, navigation, fisheries, recreation, and other public purposes.
Public Works Project. Any project by a public agency that is included in Section 30114 of the California Coastal Act of 1976 and any energy facility development within the meaning of Section 30107 of the California Coastal Act.
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18.45.100 - Definitions (Q)
Quasi-Public. Connected, in part, to the community as a whole, rather than private.
Rare or Endangered Species. A species of animal, fish, wildlife or plant listed in Sections 670.2 or 670.5, Title 14, California Administrative Code; or Title 50, Code of Federal Regulations, Section 17.11 or Section 17.2, pursuant to the Federal Endangered Species Act designating species as rare, threatened, or endangered.
Recognize. To officially (or by official action) identify or perceive a given situation.
Recreation, Commercial. Recreation facilities open to the general public for a fee, or restricted to members, when operated as a business.
Recreation, Passive. Recreational uses often associated with beach or open space use (e.g., walking, sight-seeing, sunbathing, fishing), which requires little or no alteration of the environment.
Recreational Vehicle or RV. A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
Recreational Vehicle Park. A designated area for the temporary (transient) parking of RVs, which may also include related facilities for RV user use only.
Redevelopment. The legally-authorized process of rehabilitating or rebuilding a deteriorated section of a city using municipal powers and finances to assemble properties, replace infrastructure, or otherwise assist in creating new facilities and stimulating private development.
Regulation. A rule or order prescribed for management of government and the implementation of a city’s police powers.
Residential. Land designated by the city’s general plan and zoning ordinance for buildings consisting only of dwelling units. May be vacant or unimproved. See “Dwelling Unit.” Residential Care Facility. Elderly housing, usually licensed by the State Health and Welfare Agency, Department of Social Services, typically for residents who are frail and need supervision but no nursing care.
Resources, Nonrenewable. Refers to natural resources, such as fossil fuels and natural gas, which, once used, cannot be replaced and used again.
Rest Home (Group Homes for Adults). Residential homes of any capacity that provide services to adults who need or desire care or supervision, and in which medical services are not provided.
Restaurant/Café. An establishment intended for the preparation and consumption of food and beverages, which may or may not include a bar.
Restore. To renew, rebuild, or reconstruct to a former state.
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Restrict. To check, bound or decrease the range, scope, or incidence of a particular condition.
Retrofit. The addition of materials and/or devices to an existing building or system to improve its operation or efficiency.
Right-of-Way. The strip of land over which certain transportation and public use facilities are built, such as roadways, railroads, and utility lines.
Riparian Buffer Zone. That portion of a riparian corridor directly adjacent to a stream or creek which is measured 100 feet from the outside edge of the riparian vegetation. The width of the buffer area shall be a minimum of 100 feet and shall be larger if necessary to protect the habitat from significant degradation caused by proposed development. No buffer may be less than 100 feet, unless an applicant can demonstrate, after consultation and agreement with the California Department of Fish and Game and the city, that 100 feet is not necessary to protect the resources of that particular habitat area from significant disruption caused by the proposed development. The buffer area shall be measured from the outside edge of the environmentally sensitive riparian habitat area and may not be less than 50 feet in width. The purpose of this buffer area is to provide for a sufficient area to protect environmentally sensitive riparian vegetation from significant disruption of habitat values, functional capacity, and species diversity as a result of future development.
Riparian Corridor. A general term for lands running parallel to and along a creek, which lands constitute the ecosystem and potentially sensitive habitat for animal and plant life for said creek or stream. A riparian corridor includes both a riparian habitat area and an adjacent riparian buffer area on either side of the riparian habitat area.
Riparian Vegetation. Vegetation commonly occurring adjacent to stream banks and including such plants as willows, alders, cottonwood, wax myrtle, big leaf maple, California bay-laurel, red elderberry, nettle, snow berry, California blackberry, salmon berry, thimbleberry, wild rose, watercress, western azalea, ferns, wild cucumber, honeysuckle, Baltic rush, cow parsnip, common horsetail, creeping wild-rye, fairy bells, hazelnut, mugwort, pipevine, vine maple, etc.
Risk. The danger or degree of hazard or potential loss.
18.45.110 - Definitions (S)
Satellite TV Receiving Dish. Satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit, the purpose of which is to receive television or radio signals from orbiting satellites.
Second Dwelling Unit. A technical term defined in the California Government Code (Sections 65252.150 through 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 percent of an existing living area if attached, or exceed 1,200 square feet of floor area if a detached structure.
Section 8 Rental Assistance Program. A federal (HUD) rent-subsidy program which is the main source of federal housing assistance for low-income households. The program operates by providing housing assistance payments to owners, developers, and public housing agencies to Chapter 18.45 (10/24/23)
make up the difference between the fair market rent of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30 percent of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. (Administered in Point Arena by the county of Mendocino.)
Senior Housing. Housing designed and typically reserved for senior citizens.
Sensitive Habitat Area. Areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in the ecosystem and which could be easily disturbed or degraded by human activities and developments.
Services, Personal and Professional. Beauty and barber shops; offices for doctors, dentists and others engaged in the human healing arts, provided no overnight care is given; offices for engineers, attorneys, architects, real estate sales, insurance, travel agencies, ambulance services, bail bonds, art and photography studios, and other such services which in the opinion of the planning commission are similar to the above. See also “Personal Services.” Shall. That which is mandatory.
Shared Living. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.
Should. Signifies a directive to be honored if at all possible.
Sign. Any structure, object or other physical contrivance, whether located inside or outside a building, that is visible from any lot line and the primary purpose of which is advertising, endorsement, identification, or information, by means of visual symbols, lettering, illustration, or any other means of directing attention or communicating; including any display surface together with such structures, objects or other physical contrivances as are used in supporting, maintaining, and illuminating the display surfaces.
Sign, Freestanding. A sign which is supported by one or more uprights, poles, or braces in or upon the ground, and which is self-supporting in a fixed location and not attached to a building or structure.
Sign, Off-Site. A sign which is located on a parcel other than that occupied by the product, service business, person, institution or location advertised. Also called an “off-premises sign.” Sign, Temporary. Any sign, including banners, pennants or other advertising display not permanently installed or affixed to a sign structure or building.
Siltation. The accumulating deposition of eroded material; the gradual filling in of streams and other bodies of water with sand, silt, and clay.
Single-Family Dwelling, Attached. A dwelling unit occupied or intended for occupation by only one family that is structurally connected with other dwelling units.
Chapter 18.45 (10/24/23)
Single-Family Dwelling, Detached. A dwelling unit occupied or intended for occupation by only one family that is structurally independent from any other structure.
Single Room Occupancy. Multiple-unit residential building(s) containing housing units that may have kitchen and/or bathroom facilities and are single room dwelling units or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons, for no less than 30 days, and the unit is the occupants’ primary residence. A housing facility that is configured as SRO units that meets the State definitions for transitional housing or supportive housing shall be regulated as transitional housing or supportive housing as applicable.
Site. A parcel of land used or intended for one use or a group of uses and having frontage on a public or an approved private street or right-of-way.
Slope. Land gradient described as 100 times the vertical rise divided by the horizontal run. For example, a hill or road which rises in elevation 15 feet in a horizontal length of 100 feet has a slope of 15 percent.
Solar Access. The provision of direct sunlight to an area specified for solar energy collection when the sun’s azimuth is within 45 degrees of true south.
Solar System, Active. A system using a mechanical device, such as a pump or a fan, and energy in addition to solar energy, to transport a conductive medium (air or water) between a solar collector and the interior of a building for the purpose of heating or cooling.
Solar System, Passive. A system that uses direct heat transfer from thermal mass instead of mechanical power to distribute collected heat. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling.
Solid Waste. General category that includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood.
Special Purpose Commercial Coach. A vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is not required to be moved under permit, and shall include a trailer coach.
Specific Plan. A tool for detailed design and implementation of a defined portion of the area covered by a general plan or by a concept plan in the case of a comprehensive development plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s) or a portion thereof or for designating, in a comprehensive and detailed fashion, the city’s or a developer’s intentions with respect to a property’s use and development. (Authorized and further defined in California Planning, Zoning, and Development Laws, Article 8, Sections 65450 through 65457.) Specific plans shall be part of the city’s certified LCP and are subject to California Coastal Commission certification.
Sphere of Influence. The probable ultimate physical boundaries and service area of the city as determined by the Local Agency Formation Commission (LAFCO) of Mendocino County.
Chapter 18.45 (10/24/23)
Standards. Usually refers to site design regulations, such as lot area, height limit, frontage, landscaping, and floor area ratio, as distinguished from use restrictions; loosely refers to all requirements in the zoning ordinance and in other city ordinances.
Storm Runoff. Surplus surface water generated by rainfall that does not seep into the earth but flows overland to flowing or stagnant bodies of water.
Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between the floor and the ceiling next above it.
Stream. A stream mapped by USGS on the seven and one-half minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. Channelized streams not having significant habitat value should not be considered streams.
Street. Land owned and designated by the city of Point Arena, Mendocino County or the state of California as a public thoroughfare and which affords the primary means of access to abutting property.
Street Furniture. Those features associated with a street that are intended to enhance that street’s physical character and use by pedestrians, such as benches, trash receptacles, kiosks, lights, newspaper racks, etc.
Street Tree Plan. A plan for city street trees which sets goals for tree canopy densities and solar access, and sets standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance problems.
Streets, Local. Low speed/low volume roadways that provide direct access to abutting land uses; may allow for driveways to individual units, on-street parking, pedestrian access, sidewalks or walkways, and bicycle paths.
Structure. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
Structure, Accessory. A detached building or structure, other than a sign, the use of which is incidental to that of a main building or use; any building or structure which is incidental to the conducting of any agricultural use.
Studio. A workroom, which may include a shop, for use by an artist, photographer or crafts person, which contains no kitchen but may include a lavatory and sinks, and is not intended for use as a dwelling unit, and which, unlike a gallery, is not open to the public.
Subdivision. The splitting into new lots or parcels of a larger piece of property, as defined in and subject to the city’s subdivision regulations and the state Subdivision Map Act.
Chapter 18.45 (10/24/23)
Substandard Housing. Residential dwellings which, because of their physical condition, do not provide safe and sanitary housing.
Substantial. Considerable in importance, value, degree, or amount.
Supportive Housing. A building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a “target population”, and that is linked to on- or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
18.45.115 - Definitions (T)
Target Population. Means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tentative Map. The initial map setting forth in concept and in detail a proposed land subdivision, which map must comply with the city’s subdivision and zoning regulations, the LCP, and the state Subdivision Map Act. The subdivision of land depicted on the tentative map does not take effect until approval and recordation of the final map.
Tot Lot. See “Minipark.”
Tourism. The business of providing services for persons traveling for pleasure.
Townhouse or Townhome. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common and fire-resistant walls.
Townhouses usually have separate utilities; however, in some condominium situations, common areas are serviced by utilities purchased by a homeowners association on behalf of all townhouse members of the association.
Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. A building or buildings configured as rental housing developments occupied by the “target population”, but operated under programs requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
Transitional housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same Chapter 18.45 (10/24/23)
regulations and procedures that apply to other residential uses of the same type in the same zone.
Travel Trailer. A vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provision of the California Vehicle Code.
Trees, Heritage. Trees planted by a group of citizens or by the city in commemoration of an event or in memory of a person figuring significantly in the history of the city.
Trees, Landmark. Trees whose size, visual impact, or association with a historically significant structure or event have led the city to designate them as landmarks.
Trees, Street. Trees strategically planted, usually in parkway strips, sidewalks or road medians, to enhance the visual quality of a street.
Trip. A one-way journey that proceeds from an origin to a destination via a single type of vehicular transportation; the smallest unit of movement considered in transportation studies.
Trip Generation. The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the impact of additional development or transportation facilities on an existing, local transportation system.
18.45.120 - Definitions (U)
Undevelopable. Specific areas where topographic, geologic, and/or surficial soil conditions indicate a significant danger to future occupants, or where public policy limits development in order to accomplish a public purpose (i.e., a riparian buffer zone).
Undue. Not proper, or more than necessary.
Unit. The basic term for counting homes. The number of units is the number of homes. A unit may be a single-family house or an apartment in a multi-unit structure.
Urban Design. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture.
Urban Limit Line. That line drawn on a map and officially designated by the city which designates the extent to which urban services will be provided. Any change to the urban limit line is subject to certification by the California Coastal Commission.
Urban Open Space. The absence of buildings or development, usually in well-defined volumes, within an urban environment.
Use. The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered, and/or enlarged pursuant to the city’s zoning ordinance and general plan land use designation.
Use by Right. Refers to land uses and activities which are designated in the city’s general plan/LCP as acceptable and legally permissible within a particular zoning district or land-use Chapter 18.45 (10/24/23)
category, subject only to standards of development set forth in the general plan/LCP, said ordinance, and to the provisions of CEQA, the city’s design review requirements, the building code and other pertinent ordinances, and not otherwise conditional. See “Use, Principal Permitted.”
Use, Principal Permitted. The primary use of land or of a main building, which use is intrinsically compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee, or other person who has legal right to use the land has a vested right to conduct such principal permitted use in accordance with the other zoning regulations and policies of the general plan/LUP without securing special permission (i.e., a use permit) therefor, subject only to design and environmental and coastal resource impact review procedures and a coastal development permit if in the coastal zone.
Useable Common Open Space. Space required as part of a multifamily residential development that is located and designed in such a way that it is useable by humans and is in addition to required yards, patios, and decks.
Utility Corridors. Rights-of-way or easements for utility lines on either publicly- or privatelyowned property. See “Right-of-Way” or “Easement.”
18.45.125 - Definitions (V)
Variance. A permit issued by the city, after making appropriate findings, to construct or carry on an activity not otherwise explicitly permitted under zoning regulations. The legal justification for a variance is that the property owner would otherwise suffer unique hardship under the zoning regulations because his or her particular parcel is different from others to which the regulations apply due to size, shape, topography, or location. As prescribed by California law, variances may not be granted to authorize a use or activity which is not otherwise authorized by the local zoning regulations. A variance shall not be granted if the hardship in question is self-created.
Vendor. Any person who sells, offers for sale, any goods, wares, or merchandise at other than from a fixed place of business; provided, however, these words shall not be construed to apply to commercial travelers selling their goods to merchants or other business establishments licensed by the city, for present or future delivery.
Very Low-Income Household. Households with incomes not exceeding 50 percent of the area median income, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S.
Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Vested Right. The right to proceed with a development project or to continue with a project in progress. A vested right is achieved only when prior to February 1, 1973, a building permit has been obtained and substantial work has been done, and substantial liability has been incurred, all in good faith reliance upon permits obtained, provided the project complies and permits issued comply with all laws applicable at the time permits are issued. Once a land owner has secured a vested right, governmental bodies may not, by virtue of a subsequent change in Chapter 18.45 (10/24/23)
zoning laws, prohibit construction duly and properly authorized by the permit upon which the developer relied. Vested rights may be achieved by the filing of vesting tentative maps and development agreements, which are consistent with all of the provisions of the certified LCP.
View Corridor. The line of sight, identified as to height, width, and distance, of an observer looking toward an object of significance to the community (e.g., ridgeline, river, historic building, etc.).
Viewshed. The area within view from a defined observation point.
Volume-to-Capacity Ratio. The ratio of demand flow rate to capacity for a traffic facility.
18.45.130 - Definitions (W)
Warehousing Use. A use engaged in storage, wholesaling, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.
Watershed. The total area above a given point on a waterway that contributes water to its flow; the entire region drained by a waterway or watercourse which drains into a lake, reservoir or stream.
Waterway. Natural or once-natural flowing (perennially or intermittently) water including rivers, streams, and creeks; includes natural waterways that have been channelized, but does not include manmade channels, ditches, and underground drainage and sewage systems.
Wetland.
(1) Wetland means lands which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetlands are usually lands where the water table is at, near or above the land surface long enough to do either of the following: (a) promote the formation of (hydric) soils that are saturated with water at or near the surface and are deficient of oxygen long enough during the growing season to result in soil properties that reflect dominate wetness characteristics near the soils surface (within 10 inches); or (b) support the growth of hydrophytic plants which grow in water or in wet habitats, and include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. The upland limit of a wetland shall be defined as:
(a) The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;
(b) The boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
(c) In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.
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(2) The term “wetland” shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:
(a) The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and
(b) There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.
Workplace Use. Businesses, from office to research and development to light industry to warehousing, located in structures built with open floor plans, so as to leave most interior improvements to the tenants to design to their needs.
18.45.135 - Definitions (X) Reserved.
18.45.140- Definitions (Y)
Yard. An open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building.
Yard, Front. A yard extending the full width of the lot abutting the front lot line.
Yard, Rear. A yard extending the full width of the lot abutting the rear lot line.
Yard, Side. A yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists, and abutting the side lot line.
18.45.145 - Definitions (Z)
Zone. A portion of the territory of the city of Point Arena within which certain uniform regulations and requirements or combination thereof apply under the provisions of this title.
See also “Land Use Categories.”
Zoning. The division of the city by legislative regulations into areas, or zones, which specify allowable uses for real property, and size restrictions for buildings within these areas; a set of regulations and standards that carry out policies of the general plan.
Zoning District. A designated section of the city for which prescribed land use requirements and building and development standards are uniform. See also “Land Use Categories.” [Ord. 179, 2001.]