Point Arena City Council
October 24, 2023

City Council Study Session
Date: Tuesday, October 24, 2023
Time: 6:00 PM
Place: Point Arena City Hall - 451 School Street
& via Zoom https://zoom.us/s/84888251095
Note: The City Council will address other items on its regular Council meeting agenda prior to the Housing Update study session.

DISCUSSION TOPICS:

1. Review draft "Point Arena Accessory Dwelling Unit (ADU) Toolkit"

2. Review consolidated Zoning Code update

3. Receive briefing on AB 1033 which allows cities to decide whether ADUs can be sold as condominiums

4. Review parking requirements in State ADU law
STUDY SESSION MATERIALS:

Summary Report for Housing Update Study Session (10/24/23) Attachments:

A. Draft Point Arena ADU Toolkit
B. Consolidated Zoning Code update (Chapters 18.05 - 18.45) - 1 -
Summary Report for October 24, 2023 City Council Study Session TOPIC 1: REVIEW DRAFT "POINT ARENA ACCESSORY DWELLING UNIT TOOLKIT" Attachment A presents the draft narrative and structure for the City's "ADU Toolkit." The ADU Toolkit will be available on the City of Point Arena website early next year and will be updated once the Coastal Commission certifies the Local Coastal Program (LCP) amendment for the City's new ADU regulations. At the Study Session, the Housing Update team will review the draft ADU Toolkit, respond to questions and solicit feedback.

TOPIC 2: REVIEW CONSOLIDATED ZONING CODE UPDATE
Attachment B presents a redline version of the entire revised Zoning Code. Over the past year, the City Council has conducted numerous workshops, study sessions and public hearings to discuss revisions to the Zoning Code that are intended to:
§ help stimulate more housing production in Point Arena; § streamline the permitting process for residential development; § implement the State's new requirements for Accessory Dwelling Units; § make the City's regulations consistent with extensive changes to State housing laws that have been enacted in recent years;
§ implement various policies and programs of the City's Housing Element.

In addition, the revised Zoning Code is reorganized to make it more user-friendly and accessible.

The version in Attachment B is consistent with direction that the Council has provided to the Housing Update team. There are a few minor revisions that the Council has not previously reviewed and those will be pointed out at the Study Session. Following the Study Session, the revised Zoning Ordinance will be reformatted into an ordinance for Council adoption and a public hearing will be held in either December or January prior to the Council's formal actions to introduce and adopt the ordinance. In addition, amendments to the City's LCP Land Use Plan policies to ensure its consistency with the Zoning Ordinance changes will be brought forward for Council action.
- 2 -
TOPIC 3: RECEIVE BRIEFING ON AB 1033
Assembly Bill 1033 (AB 1033), allows cities to decide whether property owners can sell ADUs separately, as condominium units, from the primary dwelling on a property. The bill is intended to create more affordable "for-sale" housing opportunities. Governor Newsom signed the bill earlier this month. At the Study Session, the Housing Team will provide an oral briefing on AB 1033, explain how it works, and what the City would need to do in order to implement it within Point Arena.

TOPIC 4: REVIEW PARKING REQUIREMENTS IN STATE ADU LAW
When the Council adopted the City's ADU ordinance last month, a question was raised about the exemptions from off-street parking requirements that are baked into State ADU laws, specifically whether the exemption for ADUs that are located within one-half mile walking distance of public transit would apply in Point Arena.

The concern is that only very limited public transit is available in Point Arena making it an ineffective substitute for car ownership. At present, the Mendocino Transit Authority (MTA) operates two bus routes with stops in Point Arena:
§ Route 95 runs once daily (including weekends) from Point Arena to Gualala and Santa Rosa and back.
§ Route 75 runs once a day on weekdays (Mon-Fri) to and from Point Arena to Ukiah (with a connection at Navarro to Fort Bragg, via Route 60). This route also provides one Point Arena to Gualala route on weekdays that has an earlier pick-up and later drop-off than Route 95.

State ADU legislation includes the following provisions:
65852.2(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.

In addition, Section 65852.2 provides the following clarifying provisions:
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
- 3 -
(j) As used in this section, the following terms mean:
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

As noted above, the definition of "public transit" provided in Government Code Section 65852.2 does not address the frequency of buses and, therefore, the Housing Team has concluded that the exemption in Subsection (d)(1) would apply to ADUs located within one-half mile walking distance of the MTA bus stops in Point Arena (an area encompassing most of the residential areas within the city limits).

If the Council would like, the Housing Team could file a "technical assistance request" through HCD's online portal to determine if there is any opportunity for the City to override this mandated parking exemption, perhaps through the adoption of special findings spelling out the limitations of the local public transit system.

Agachments:

A. Drah ADU Toolkit
B. Redline Zoning Code update

1 Table of Contents
● Point Arena’s ADU Ordinance
● Types of ADUs
● Can I build and ADU on my Property?
● Use Symbium to Conceptualize Your Project
● Can I Afford an ADU?
● Permits, Design & Review
● Pre-Approved Designs
● Process Timeline
● FAQs
_____________________________________
Point Arena’s ADU Ordinance
Point Arena recently updated its Zoning Code to implement State requirements for ADUs and JADUs. The changes will take effect once the update regulations are certified by the California 2 Coastal Commission in early 2024. The new regulations make it much easier for homeowners to build an ADU or JADU and provide for a streamlined permitting process. Once a complete application is submitted to the City, your ADU permit will be acted upon within 60 days.

Here’s are some quick links to the City of Point Arena Zoning Code:

City of Point Arena Zoning Code
Specific requirements for ADUs and JADUs (Section 18.25.050) Streamlined Administrative Process for ADUs (Section 18.35.160) _____________________________________
Overview
An Accessory Dwelling Unit, commonly known as an ADU, has various informal names you might have heard, such as granny unit, in-law unit, or secondary residential unit. Essentially, it's a second home that is located on the same lot as a primary dwelling. ADUs provide independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation. ADUs can play a crucial role in increasing local housing opportunities in Point Arena without the need to develop new land.

In Point Arena there are three broad ADU categories.
1) Attached ADU:
a) Directly attached to the primary home.
b) Its total floor area shouldn't exceed 50% of the primary home's floor area. c) It can be new construction (additions) or conversion of a portion of the existing home or an attached garage (conversions).
3 2) Detached ADU:
a) A stand-alone structure separate from the primary home. b) Its size should not be larger than 1,200 square feet. c) It can be created by new construction or conversion of an existing detached accessory structure like a garage or storage building.
3) Junior Accessory Dwelling Unit (JADU):
a) Limited to 500 square feet in size and contained entirely within the primary home.

Often created by converting a bedroom within the main house into a studio unit with a separate kitchen and entry.
b) Both an ADU and a JADU can coexist on the same lot.
4 _____________________________________
Can I Build an ADU on my Property?
Navigating the decision to add an ADU to your property can be both exciting and a bit daunting.

This section is designed to help you understand the specific requirements and considerations set by the City of Point Arena, so you can determine if your property is a good fit for an ADU project. While the City’s entire ADU ordinance in all its detail can be found at the link above, this list is meant to distill some of the key considerations for constructing an ADU in our town. 1) Types: An ADU can be attached to or detached from the main home. It can even be a part of the main house, like a transformed garage or basement. 2) Renting, not Selling: ADUs are meant for renting out and can't be sold separately from the primary residence.
3) Size Matters: The size of an attached ADU shouldn't exceed 1,200 square feet or 50% of the main home's floor area, whichever is less. For detached ADUs, they shouldn't be larger than 1,200 square feet. Attached ADUs with one bedroom or less may be at least 850 square feet and attached ADUs with more than one bedroom may be at least 1,000 square feet regardless of the main home’s floor area.
4) Placement: ADUs need to respect certain setback rules, but if you're converting an existing structure into an ADU, these rules might be relaxed. 5) Views & Environment: New ADUs should not obstruct public views, particularly of the coast, or public access to the coast or trails. They also need to maintain a safe distance from environmentally sensitive areas.
6) Agricultural Land: Special rules apply if you're considering an ADU on Prime Agricultural Land.
7) Building Codes: ADUs need to meet local building code requirements, though some specifics might differ, like no need for a separate passageway or automated fire sprinklers.
8) Water & Sewer: For new ADUs, you'll need to ensure adequate water and sewer services.
9) Historical Respect: If you're building in a historic structure, be sure your ADU won't negatively impact its character.
10) Parking: While the City encourages all ADUs to provide on-site parking, depending on the location and type of ADU you plan to build, dedicated parking might not be required. 5 _____________________________________
Use Symbium to Conceptualize Your Project
You can use an online program called Symbium to help think through the opportunities and issues of developing an ADU on your property. To use the tool, Follow the step-by-step instruction below.

1. Go to https://symbium.com/

2. Enter your address, you should get a screen that looks similar to the following screenshot.

3. Select “Property Improvements” from the options in the top left, beneath the address.

Next press the button labeled “Accessory Dwelling Units.” 6 4. Now you’ll have the screen below. Click “Sketch and ADU” in the top left to open the ADU builder.

5. With this tool, you can adjust the footprint of your building and even generate a rough construction estimate. You can also think about how such a building could fit on your property, given the lot dimensions and existing structures. 7 6. A few notes as you explore this tool:
a. The city’s pre-approved designs (more on those below) are roughly 25x29 for a 1 bedroom unit and 25x38 for a 2 bedroom unit.
b. There are many factors that can affect the cost per area of an ADU, including permitting, prefabrication, use of pre-approved plans, materials, and more. The Symbium tool can provide a ballpark estimate. For more detail, check out “Can I Afford an ADU?” below.
c. Symbium is an outside company that is not affiliated with the City. As such, it’s maps, cost estimates, and other details may not be accurate in all cases. _____________________________________
Can I Afford an ADU?
Taking the leap to build an Accessory Dwelling Unit (ADU) not only requires understanding the logistics but also evaluating the financial implications. In this section, we'll break down various factors influencing the overall cost of constructing an ADU and explore possible low-interest loans and grants. Let's dive in to see if adding an ADU aligns with your financial landscape.

Building Costs. The cost of an ADU depends on a variety of factors, including the size of the ADU, the design of the ADU, whether the ADU is built on-site or ahead of time in a factory, and the cost of materials and labor. It is recommended that you work with a local architect, general contractor, use a pre-fabricated design, or use the city’s pre-approved designs to help appropriately budget all necessary costs for the specific ADU project on your property.

Construction costs have sky-rocketed in recent years. It is not uncommon for new construction to cost more than $300/square foot. Conversion of existing structures, repurposing a garage, or buying a prefabricated ADU can reduce costs. If utility extensions are needed to serve your ADU, those costs must also be factored into your overall budget.

Permit Costs. The City’s planning application fee for an ADU or JADU is $___. Building permit fees vary based on the size and type of your ADU. If you call the Mendocino County Building Department at (707) 964-5379, they can help provide a ballpark estimate for building permit fees.
8 City of Point Arena ADU Loan & Grant Program. In 2017, California started a new program to help make housing more affordable. They did this by adding a small fee of $75 whenever people record a real estate document. Most of the money from this fee (70%) goes to local cities and counties to help increase affordable housing. Over the next 5 years, Point Arena expects to receive around $400,000 in total from this program.

Point Arena is planning to use this money to support people who want to build ADUs. The City also wants to help qualified homeowners fix up their houses if they are in disrepair. We are currently working out the details of how this program will be administered, but we are committed to making it easier for locals to have a safe and affordable place to live.

State ADU Grant Program. The California Housing Finance Agency (CalHFA) has an Accessory Dwelling Unit Grant program that provides up to $40,000 to homeowners to offset “pre-development” costs for ADUs. These costs include site prep, architectural designs, permits, soil tests, surveys, and other pre-construction costs associated with ADUs. Unfortunately, the initial funding for this grant program was quickly snapped up. The Legislature recently allocated an additional $50 million to CalHFA for ADUs but that funding is not yet available and it is unclear how much will be allotted to the grant program. We will continue to provide updates when the CalHFA ADU Grant program begins accepting new applications. _____________________________________
9 Permits, Design & Review
Before breaking ground on your Accessory Dwelling Unit (ADU), you'll need to traverse the world of permits and design considerations. This section provides a series of checklists to help you understand the basic requirements for ADUs and Junior Accessory Dwelling Units (JADUs) ADU Checklists
General Requirements for all ADUs and JADUs:
o ADUs and JADUs are not intended for separate sale but may be rented. o ADUs and JADUs may not be used as short-term rentals (i.e., transient occupancy for less than 30 days).
o ADUs and JADUs must have adequate water and wastewater/septic availability. o ADUs and JADUs must comply with Building Code requirements. o A JADU can be built along with one ADU on the same lot as a primary dwelling.

Requirements for all ADUs to Protect Coastal Resources:
o ADUs should not obstruct public views from public areas or the coast. o ADUs should not block public access to the coast or public trails. o ADUs should be situated at least 100 feet from environmentally sensitive habitats. o ADUs should be setback at least 125 feet from the coastal bluff. o ADUs on parcels with Agricultural Exclusive zoning should be clustered with the existing primary dwelling.
o ADUs should not be located in mapped “Natural Hazards” zones. o ADUs that are located on designated historic properties should complement the architectural design of historic structures on the property.

Attached ADUs (to an existing primary dwelling):
o The total floor area should not exceed 50% of the existing primary dwelling or 1,200 square feet (whichever is less), however an ADU that provides more than one bedroom may have a floor area of at least 1,000 square feet and an ADU that provides one bedroom or less may have a floor area of at least 850 square feet. o A minimum 4’ setback from property lines is required unless Fire and/or Building Codes require a greater setback.
10 o No setbacks are required for an existing structure (e.g., attached garage) that is converted to an ADU.

Detached ADUs:
o Total floor area should not exceed 1,200 square feet. o A minimum 4’ setback from property lines is required unless Fire and/or Building Codes require a greater setback.
o No setbacks are required for an existing structure (e.g., detached garage, carport, storage shed) that is converted to an ADU.

JADUs (Junior Accessory Dwelling Units):
o Must be contained within an existing single-family residence. o Total floor area should not exceed 500 square feet.
o Must have a separate entrance and an efficiency kitchen, but may share a bathroom with the primary residence.

Parking for ADUs and JADUs:
o No parking is required for a JADU.
o No more than one parking space is required for an ADU. No parking spaces are required for ADUs that are studio units.
o No parking is required if the ADU is within half a mile of a public transit stop. o No replacement parking is required if a garage or carport is converted to an ADU.

Links
- Point Arena Planning & Permitting Page
_____________________________________
Pre-approved Designs
Choosing the design for your Accessory Dwelling Unit (ADU) can be both fun and challenging.

While many prefer to design a unique, site-specific structure, the City of Point Arena also offers pre-approved construction plans for two ADU designs.
11 The two free, pre-approved designs feature a Craftsman style bungalow design with gabled rooflines and a welcoming front porch. Depending on the site's layout, the roof can be oriented either east/west or north/south to optimize solar exposure for a roof-mounted PV array.

These designs offer a streamlined path through the building permitting process. One is for a one-bedroom ADU that is 720 square feet in size. The other is for a two-bedroom, 960 square foot ADU. A rendering of the pre-approved ADU design, along with elevations and floor plans is shown here. The full set of construction plans can be obtained from the City Planning Department. You will need to determine the placement and orientation of the ADU on your site, prepare a site plan and select a qualified professional to prepare California Title 24 Energy Calculations.

Link to designs - Courtesy of the City of Fort Bragg
12 _____________________________________
Process Timeline
Step 1: Research

1. Confirm that you can add an ADU to your property.
a. The City’s zoning map can be found here. An ADU may be established on any residential lot in Point Arena provided it meets the criteria laid out in the checklist above (see “Permits, Design & Review”).
b. The Symbium Build tool may also be useful, although it is not the final word on where you can or cannot build (See “Use Symbium” above).

2. Decide which type of ADU is right for your property. a. Attached, detached, or JADU? Look under “Overview” for details on these categories.
b. Legalize an existing ADU? If you already have an ADU or JADU that you would like to legalize, reach out to the City Planner to start the process.

Step 2: Design

3. Understand the ADU Design Standards.
a. Once you know what type of ADU you are interested in constructing, it’s time to dive deep into the design process. This toolkit contains many of the basics you need to consider in designing an ADU.

4. Design the ADU & Create your plans.
a. It is recommended that you work with a local architect, general contractor, use a pre-fabricated design, or use the city’s pre-approved plans to ensure your design meets all requirements under the ADU ordinance and the City’s building code.

Permitting:

5. Talk to the City Planner to confirm which type of permit review your ADU needs.

6. Submit ADU Application & Permit Forms

7. Pay for Permits & Impact Fees

8. Revise Plans (if needed) & Receive Permit
13 Construction:

9. Break Ground on Your New ADU!
a. You must have your approved construction document before you can start construction. Post your construction document at the construction site. Call or email us to schedule the appropriate inspections during your construction project.

The City will finalize the permit once construction is complete and done in accordance with the plans.
_____________________________________
FAQs
How long does it take to plan, design, and build an ADU? Generally, the amount of time it will take will vary based on several factors, including the design selected, whether your ADU is built on-site or built ahead of time in a factory, and the availability of your architect or builder.

Can ADUs be rental properties?
Yes, your ADU can be rented out!
Does the owner need to live on the property where the ADU is located? Generally, the property owner will only have to live on the property if a JADU is built on it. 14 Can an ADU be sold separately from a primary residence? No, an ADU or JADU may NOT be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

Will building an ADU impact my property taxes?
Your property taxes will increase based on the added value of the ADU. The base value of your property and your existing dwelling will not be reassessed, but the assessment for the ADU will be based on construction costs. As an example, if your property tax rate is 1.2%, for every $100,000 in value that an ADU adds to your property, your annual property tax bill would increase by $1,200 ($100,000 x 1.2%).

Will my ADU/JADU need a separate utility connection?
JADUs do not require separate utility connections because they are created within an existing home. Most ADUs will not require separate water or sewer connections. However, if your ADU will connect to the City wastewater system, the effluent will need to “flow” through your existing connection sewer connection or a separate connection may be needed.

Will my ADU/JADU require a deed restriction?
Yes, all ADUs and JADUs in Point Arena are required to have a restrictive covenant recorded on the deed of the property that explains that the ADU/JADU cannot be sold separately from the primary residence and that they cannot be used for short-term rental purposes.

Can I build a “prefab”, factory-built or “tiny home” ADU? The short answer is yes, the ordinance is designed to be flexible and accommodate different types of structures that fit your needs. That said, all ADUs must fit within the development standards outlined in the ordinance (and explained in this toolkit). It is possible that not all “prefab” units would be compliant with these regulations.

Chapter 18.05 (10/24/23 draft)
page 1
Chapter 18.05 ADOPTION, SHORT TITLE AND PURPOSE

18.05.010 Adoption.

There is hereby adopted a zoning ordinance for the city of Point Arena, state of California, as provided by Title 7 of the Government Code of the state of California. This title constitutes precise regulations for the use of land in conformity with the Point Arena general plan.

The provisions of this title shall apply to all lands and all owners of lands within the incorporated area of the city of Point Arena. [Ord. 179 § 1.01, 2001; Ord. ___ § 1.01, 2023]

18.05.020 18.05.015 Short title.

This title shall be known and cited as the “zoning ordinance of the city of Point Arena.” In any administrative action taken by any public official under the authority set forth in the title the use of the term “zoning ordinance,” unless further modified, shall refer to and mean this title and the zoning map. [Ord. 179 § 1.02, 2001; Ord. ___ § 1.02, 2023]

18.05.030 18.05.020 Purpose.

This title is adopted to promote and protect the public health, safety, morals, comfort, convenience and general welfare, to provide a plan for sound and orderly development, and to ensure social and economic stability within the various zones hereby established. In addition, it is the purpose of this title to implement the policies and programs of the Point Arena general plan and the coastal element thereof. [Ord. 179 § 1.03, 2001; Ord. ___ § 1.03, 2023]

18.05.040 18.05.025 Consistency with Point Arena general plan and coastal element.

The Point Arena zoning ordinance is based upon, and is intended to be consistent with the policies, programs and land use designations of the Point Arena general plan, the coastal element thereof, and the opportunities and constraints map. If the Point Arena general plan is amended and is no longer consistent with the ordinance, then the zoning ordinance shall also be amended so that it is consistent with the amended Point Arena general plan. Amendments to the zoning ordinance adopted by the city council shall be consistent with the policies, programs, and land use designations of the Point Arena general plan. [Ord. 179 § 1.04, 2001; Ord. ___ § 1.04, 2023]

18.05.050 18.05.030 Procedure.

Until such time as there is a duly constituted planning commission, the city council shall act as the planning commission. Any decision made by the city council acting as the planning commission shall be final and there shall be no further administrative remedy under this title. [Ord. 179 § 1.05, 2001; Ord. ___ § 1.05, 2023]

18.25.010 18.05.035 Applicability and consistency.

Property in each and every zone shall be subject to the provisions of this chapter, in addition to the requirements and regulations set forth elsewhere in this title for each of the zones. Uses and activities otherwise permitted or conditionally permitted shall conform to and be consistent with the policies and provisions of the Point Arena general plan, and relocation, construction, external remodeling or additions to structures, and alteration of land forms and Chapter 18.05 (10/24/23 draft)
page 2
grading shall not be undertaken until: (a) findings are made to that effect; and (b) said activities are consistent with and take into account provisions of the opportunities and constraints map of the general plan. [Ord. 179 § 5.01, 2001; Ord. ___ § 1.06, 2023] page 3
Chapter 18.10 (10/24/23 draft)
Chapter 18.15 18.10 ESTABLISHMENT AND DESIGNATION OF ZONES

18.15.010 18.10.010 Principal zones.

The several zones hereby established, and into which the city is divided, are as follows:

ZONE DESIGNATION
Suburban Residential (1 acre) SR 1
Suburban Residential (1/2 acre) SR 1/2
Residential Agriculture RA-2
Urban Residential UR
Multifamily Residential MR
Agriculture Exclusive AE
Core Commercial C
Highway Commercial HWC
Harbor Commercial HC
Industrial I
Public Facility PF
Park P
Open Space OS
Special Planned Development (overlay) SPD
[Ord. 179 § 3.01, 2001; Ord. ___ § 2.01, 2023]

18.15.020 18.10.015 Location and boundaries of zones.

The designation, location and boundaries of the aforesaid zones shall be delineated on the zoning map of the city. Said map and all notations, references, data and other information shown thereon shall be a part of these regulations and subject thereto, and such map shall constitute Section 18.15.030. [Ord. 179 § 3.02, 2001; Ord. ___ § 2.02, 2023]

18.15.030 18.10.020 Zoning map.

This section consists of the zoning map of the city, which map may be amended in whole or in part in accordance with the amendment procedure set forth in Chapter 18.30. The zoning map shall be kept on file in the office of the city clerk and copies shall be made available upon request. [Ord. 179 § 3.03, 2001; Ord. ___ § 2.03, 2023]

18.15.040 18.10.050 Determining uncertain boundaries.

Where uncertainty exists with respect to the boundaries of the various zones, the following rules shall apply:
(1) Streets or Alleys. Where the indicated zoning boundaries are approximately street or alley lines, the center lines of such streets or alleys shall be construed to be the boundaries of such zone.
(2) Lot Lines. Where the zoning boundaries are not shown to be streets or alleys, and where property has been or may hereafter be divided into blocks and lots, the zoning boundaries shall page 4
Chapter 18.10 (10/24/23 draft)
be construed to be lot lines; and where the indicated boundaries are approximately lot lines, said lot lines shall be construed to be the boundaries of said zone, unless said boundaries are otherwise indicated.
(3) Scale on Map—Determination by Commission. Where property is indicated on the zoning map as acreage and not subdivided into lots and blocks, or where the zone boundary lines are not approximately street, alley or lot lines, the zone boundary lines on said zoning map shall be determined by scale contained on such map and where uncertainty exists, the zone boundary line shall be determined by the planning commission. In the event property shown as acreage on the zoning map has been or is subsequently subdivided into lots or blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the zone boundaries were established, or property is resubdivided by a duly recorded subdivision map into a different arrangement of lots and blocks than shown on the zoning map, the planning commission, after notice to the owners of the property affected thereby, may interpret the map and make minor readjustments in the zone boundaries in such a way as to carry out the intent and purpose of these regulations and conform to the street, block and lot layout on the ground. Such interpretation shall be by written decision, and thereafter the zoning map shall be changed to conform thereto.
(4) Vacated Street or Alley. In the event a dedicated street or alley shown on the zoning map is vacated by resolution or ordinance, the property formerly in said street or alley shall be included within the zone of the adjoining property on either side of said vacated street or alley.

In the event said street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former centerline of the vacated street or alley. (5) Land Division. When a land division requires the planning commission/city council to make a minor readjustment in zoning district boundaries, a map of this readjustment shall be sent to the Coastal Commission for a determination as to whether it requires an amendment to the zoning map. If no amendment is required, the readjustment shall become effective immediately. If an amendment is required, the requirements of Sections 18.30.010 through 18.30.050 apply. [Ord. 179 § 3.04, 2001; Ord. ___ § 2.04, 2023]

18.15.050 18.10.030 Applies to all territory.

All incorporated territory of the city shall be classified as specified by the zoning map adopted as a part of these regulations. [Ord. 179 § 3.05, 2001; Ord. ___ § 2.05, 2023]

18.15.060 18.10.035 Establishment of limitations on land use and structures. (1) Use Requirements. No building or part thereof or other structure shall be erected, altered, added to or enlarged; nor shall any land be altered or graded; nor shall any building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than as for purposes and in a fashion that is consistent with the uses hereinafter listed as permitted in the zone in which such buildings, land, or premises are located. (2) Height Requirements. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located except as provided in Chapter 18.25. page 5
Chapter 18.10 (10/24/23 draft)
(3) Area Requirements. No building or part thereof or structure shall be erected nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the zone in which such building or open space is located.
(4) Duplicate Use of Open Space and Yards. No yard or other spaces provided about any buildings for the purpose of complying with provisions of these regulations shall be considered as providing a yard or open space for a building on any other building site unless specifically permitted elsewhere in these regulations. [Ord. 179 § 3.06, 2001; Ord. ___ § 2.06, 2023]

18.15.070 18.10.040 Zoning of annexed properties.

All lands or waters, which shall be annexed to the city of Point Arena, shall be prezoned. The owner of any land, prior to filing a petition for annexation to the city of Point Arena, or in the event a proposed annexation shall be instituted by the city or other property owners, may file an application for prezoning by complying with the provisions, procedures and paying the fees set forth in Chapter 18.30 for amendments to the zoning ordinance. The zoning established by the city shall be submitted to the California Coastal Commission for approval. The zoning approved by the city and the Coastal Commission shall become effective at the same time that the annexation becomes effective. Required fees may be waived by the city council when the annexation is instituted by the city. [Ord. 179 § 3.07, 2001; Ord. ___ § 2.07, 2023] Chapter 18.15 (10/24/23 draft)

Chapter 18.20 18.15 REGULATIONS FOR THE PRINCIPAL ZONES

18.20.010 18.15.010 Conflict of regulations.

In addition to the regulations specified in this chapter for each of the principal zones, the general regulations set forth in Chapter 18.25 throughout this title shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this chapter and the general regulations set forth in Chapter 18.25 throughout this title, the more restrictive regulations shall apply. In doubtful cases, the planning commission shall determine which of the conflicting regulations shall be applicable. [Ord. 179 § 4.01, 2001; Ord. ___ § 3.01, 2023]

18.20.020 18.15.015 Suburban residential or SR zone.

The suburban residential zones apply to properties designated on the zoning map that are suitable for the provision of low-density single-family residential development. (1) Suburban Residential—One Acre (SR 1).
(a) Principally Permitted Uses.
(i) Single-family dwellings, including a mobile or manufactured home, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents;
(ii) Truck gardening, small-scale farming and grazing;
(iii) Structures associated with truck gardening, small-scale farming and grazing including outbuildings and sheds not exceeding 1,000 square feet; (iv) One home occupation;
(v) Tot lot;
(vi) One ADU and/or one JADU, in compliance with Section 18.25.350 18.25.060; (vii) Employee housing, including farmworker housing, consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household meeting the requirements of Section 18.25.130. (b) Conditionally Permitted Uses.
(i) Water storage tanks, reservoirs, and water distribution lines; (ii) Noncommercial livestock stables or corrals;
(iii) Day care centers;
(iv) Satellite TV receiving dish (four feet diameter or larger); (v) Bed and breakfast inns;
(vi) Live-work spaces/studios in lieu of a principally permitted single-family dwelling; Chapter 18.15 (10/24/23 draft)

(vii) One granny unit or one second unit, not to exceed 1,200 square feet, subject to the city’s second dwelling unit ordinance and state law only where there is an existing single-family home;
(viii) Shared-living facility, rooming and boarding, group homes serving seven or more persons and requiring State licensing, including but not limited to residential care facility facilities;
(ixviii) Churches, schools, libraries.
(c) Other Regulations.
(i) Minimum lot area: one acre;
(ii) Minimum lot width: 125 feet;
(iii) Maximum lot depth: three times lot width;
(iv) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (v) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150;
(vi) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130; (vii) Water and waste water: septic systems and/or wells may be acceptable in lieu of connections to the municipal sewer system and to the water system and only if in compliance with city ordinances and Mendocino County environmental health regulations in effect at the time of permit application. Appropriate and adequate water supply and septic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(viii) Residential densities: ultimate lot sizes may be no less than one acre, except that lot sizes may vary and/or be less than prescribed herein provided the overall resulting residential densities (dwelling units per acre) do not exceed the allowable densities (dwelling units per acre), and provided the subdivision or development is processed in accordance with and conforms to the provisions of the planned residential development (PRD) chapter of this title;
(ix) Adequate traffic capacity shall be substantiated prior to approval of any CDP. (2) Suburban Residential—One-Half Acre (SR 1/2).
(a) Principally Permitted Uses. All principally allowed uses in the SR 1 zone. (b) Conditionally Permitted Uses. All conditionally allowed uses in the SR 1 zone. (c) Other Regulations.
(i) Minimum lot area: one-half acre;
(ii) Minimum lot width: 125 feet;
Chapter 18.15 (10/24/23 draft)

(iii) Maximum lot depth: three times lot width;
(iv) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (v) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150;
(vi) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130; (viivi) Water and waste water: septic systems and/or wells may be acceptable in lieu of connections to the municipal sewer and water systems, on parcels greater than one acre in size, and only if in compliance with city ordinances and Mendocino County environmental health regulations in effect at the time of permit application. Parcels less than one acre must connect to the municipal sewer system. Appropriate and adequate water supply and septic capacity as well as adequate traffic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(viiivii) Residential densities: ultimate lot sizes may be no less than one-half acre, except that lot sizes may vary and/or be less than prescribed herein provided the overall resulting residential densities (dwelling units per acre) do not exceed the allowable densities (dwelling units per acre), and provided the subdivision or development is processed in accordance with and conforms to the provisions of the planned residential development (PRD) chapter of this title, when applicable; (ixviii) Adequate traffic capacity shall be substantiated prior to approval of any CDP. [Ord. 179 § 4.02, 2001; Ord. ___ § 1, 2023; Ord. ___ § 3.02, 2023]

18.20.030 18.15.020 Urban residential or UR zone.

The urban residential zone applies to properties designated on the zoning map which are suitable for single-family residential uses, including co-housing projects. These areas shall be served by municipal sewer and water. Securing all appropriate and adequate services is a condition precedent to approval of development in these areas. This land-use designation promotes the infilling of development and provides for concentration of development in the downtown and adjacent areas.
(1) Principally Permitted Uses.
(a) Single-family dwelling, including a mobile or a manufactured home, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents; (b) Rooming and boarding of not more than two persons not employed on the premises; (c) One home occupation;
(d) Keeping of no more than four household pets on each lot. (e) ADUs and/or JADUs, in compliance with Section 18.25.350 18.25.060.

Chapter 18.15 (10/24/23 draft)

(2) Conditionally Permitted Uses.
(a) Day care facilities;
(b) Live-work spaces in lieu of permissible single-family dwellings; (c) Satellite TV receiving dish (four feet diameter or larger); (d) Bed and breakfast inns;
(e) Rooming and boarding;
(f) A “granny” unit, not to exceed 1,200 square feet, or a second dwelling unit in lieu of a granny unit, where there exists a single-family dwelling, subject to the second dwelling unit ordinance and state law;
(f) Group homes serving seven or more persons and requiring State licensing, including but not limited to residential care facilities;
(g) Residential care facilities;
(h) Churches, libraries, schools.
(3) Other Regulations.
(a) Minimum lot area: 8,625 square feet;
(b) Minimum lot width: 60 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(f) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more or any two or more abutting parcels of less than 10 acres in the same ownership or under the same control totaling 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130;
(g) Sidewalks are required.
[Ord. 179 § 4.03, 2001; Ord. ___ § 2, 2023; Ord. ___ § 3.03, 2023]

18.20.040 18.15.025 Multifamily residential or MR zone.

The multifamily residential zone applies to properties designated on the zoning map where it is reasonable to permit multifamily medium-density apartment developments, mixed residential building types, and offices under certain circumstances. Developments in these areas shall be served by municipal water and sewer. Securing all appropriate and adequate water and sewer services is a condition precedent to approval of development in these areas. Adequate traffic capacity must also be demonstrated.
(1) Principally Permitted Uses.

Chapter 18.15 (10/24/23 draft)

(a) Single-family and multifamily dwellings, including shared living and cohousing facilities, live-work spaces, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, supportive housing developments, single room occupancy housing, and group homes that provide licensable services to six (6) or fewer residents; except mobile homes and mobile home parks are not permitted and live-work spaces;
(b) Tot lots;
(c) Home occupations;
(d) Keeping of not more than two household pets for each dwelling unit. (e) ADUs and/or JADUs, in compliance with Section 18.25.350 18.25.060. (2) Conditionally Permitted Uses.
(a) Inns, bed and breakfast inns, boarding houses;
(b) Professional offices, provided they do not exceed 50 percent of a project’s total building floor area;
(c) Satellite TV receiving dish (four feet diameter or larger); (d) Churches, libraries, schools;
(e) Day-care center;
(f) Nursing homes, hospices, and convalescent hospitals. (3) Other Regulations.
(a) Minimum lot area: 5,800 square feet;
(b) Minimum lot width: 60 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 10 feet; side, five feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(f) Maximum residential density: one dwelling unit for each 5,800 2,900 square feet of land area;
(g) Useable Usable open space: 15 percent of each lot shall be reserved, in addition to required yards and private patios/decks and parking, and in addition to any open space that may be set aside and not useable due to hazardous conditions in slopes, as open space;
(h) Special yards for dwelling groups: the distance between separate buildings of a dwelling group shall be not less than 10 feet. The distance between the front of any dwelling unit in the group and any other building shall be not less than 20 feet. The distance between the front of the dwelling unit in the group and any side lot line shall not be less than 12 Chapter 18.15 (10/24/23 draft)

feet. All of the above distances shall be increased by two feet for each two feet that any building on the lot exceeds two stories;
(i) Required planned residential: development proposals on existing lots (initial planning areas) of 10 acres or more shall be processed as planned residential developments (PRD), as provided for in Section 18.30.130;
(j) Sidewalks are required.
[Ord. 179 § 4.04, 2001; Ord. ___ § 3, 2023; Ord. ___ § 3.04, 2023]

18.20.050 18.15.030 Agriculture exclusive or AE zone.

The agriculture exclusive zone applies to properties designated on the zoning map where it is necessary to protect for agricultural uses. This designation applies to areas in which agriculture shall be the predominant use and in which the only other uses allowed are those which support the maintenance of agricultural lands in permanent agricultural production. (1) Principally Permitted Uses.
(a) Farming, dairying, grazing or breeding of cattle, horses, or sheep, raising, or keeping of poultry, fowl, rabbits, or goats or similar animals;
(b) Crop, vine or truck farm, greenhouses constructed on nonpermanent foundations (e.g., perimeter foundations), horticulture;
(c) Farm and ranch buildings including stables, barns, pens, corrals, coops, windmills, silo; (d) A single-family dwelling incidental to the agricultural use of the land, for the residence of the farmer or for employees engaged in agricultural use of land; (e) Employee housing, including farmworker housing, consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household meeting the requirements of Section 18.25.130.
(e) One ADU and/or one JADU, in compliance with Section 18.25.350 18.25.060. (ef) Roadside stands used for the sale of agricultural products provided the structures are temporary;
(fg) One home occupation;
(gh) Private wells and septic systems to support agricultural uses, when consistent with applicable health department regulations.
(2) Conditionally Permitted Uses.
(a) Hog farms, turkey farms, frog farms, and fur farms;. (b) Animal feed yards and sales yards;
(c) Riding stables to rent or board horses;
(d) Water storage tanks, reservoirs and distribution lines; Chapter 18.15 (10/24/23 draft)

(e) One second dwelling unit incidental to the agricultural use of the land, which may be a mobile or manufactured home, for the residence of the owner or lessee or for employees engaged in agricultural use of the land, not to exceed 1,200 square feet in area subject to the second dwelling unit ordinance and state law and only where there is an existing single-family home;
(fe) Scientific research and associated structures;
(gf) Wastewater ponds; spray irrigation;
(hg) Satellite TV receiving dish (four feet diameter or larger); (ih) Emergency services communications facilities of a limited nature. (3) Other Regulations.
(a) Minimum lot area: 20 acres;
(b) Maximum lot depth: three times lot width;
(c) Minimum yards: front, 30 feet; rear, 20 feet; side, 10 feet; (d) Maximum building height: 35 feet. Farm outbuildings shall not be less than 20 feet from any dwelling unit. The planning commission may require a lesser height as provided in Section 18.25.150;
(e) Appropriate adequate water supply and septic capacity as well as adequate traffic capacity to support residential use without diminishing water supplies for agricultural uses shall be substantiated prior to approval of the CDP. [Ord. 179 § 4.05, 2001; Ord. ___ § 4, 2023; Ord. ___ § 3.05, 2023]

18.20.060 18.15.035 Residential agriculture or RA-2 zone.

The residential agriculture zone applies to properties designated on the zoning map which are suitable for very low-density residential use and limited agricultural activities and contribute to maintaining the city’s rural and small-town character and small-scale agricultural activities. This land use designation also allows for buffer areas between exclusive agriculture areas and higher density residential areas. Septic systems and wells are permitted. (1) Principally Permitted Uses.
(a) Farming, dairying, grazing, breeding of cattle, horses, or sheep, raising or keeping of poultry, fowl, rabbits, or goats or similar animals;
(b) Crop, vine or truck farm, greenhouses constructed on nonpermanent foundations (e.g., perimeter foundations), horticulture;
(c) Accessory structures such as barns, pens, coops, stables, not used for commercial purposes;
(d) Windmills;
(e) Greenhouses and other nursery structures;
Chapter 18.15 (10/24/23 draft)

(f) One single-family dwelling,employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents, which may be a mobile home or a manufactured home;
(g) Employee housing, including farmworker housing, consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household meeting the requirements of Section 18.25.130.
(h) One ADU and/or one JADU, in compliance with Section 18.25.350 18.25.060; (gi) One home occupation.
(2) Conditionally Permitted Uses.
(a) Water storage tanks, reservoirs, and water distribution lines; (b) Animal hospitals, kennels;
(c) Commercial stables;
(d) Satellite TV receiving dish (four feet diameter or larger); (e) Bed and breakfast activities within the principally-permitted residence; (f) One second dwelling unit or one live-work space or one “granny” unit not to exceed 1,200 square feet, subject to the second unit ordinance and state law and only where there is an existing single-family home;
(gf) Group homes serving seven (7) or more persons and requiring State licensing, including but not limited to Rresidential care facilitiesy.
(3) Other Regulations.
(a) Minimum lot area: two acres;
(b) Minimum lot width: 250 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (e) Maximum building height: 35 feet, except the planning commission may require a lesser height as provided for in Section 18.25.150;
(f) Private wells and septic systems that are associated with any principally or conditionally permitted use must be consistent with applicable health department regulations.

Appropriate adequate water supply and septic capacity as well as adequate traffic capacity to support the proposed development shall be substantiated prior to approval of any CDP;
(g) Adequate traffic capacity shall be substantiated prior to approval of any CDP. [Ord. 179 § 4.06, 2001; Ord. ___ § 5, 2023; Ord. ___ § 3.06, 2023] Chapter 18.15 (10/24/23 draft)

18.20.070 18.15.040 Core commercial or C zone.

The commercial core zone is intended to be applied to properties so designated on the zoning map which are most suitable for the provision of goods and services for residents and visitors at a scale appropriate to the traditional small-scale downtown area. Development in these areas should promote commercial uses, offices, cultural activities, and urban housing while maintaining the city’s unique and historic small-town character. Connection to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate traffic capacity must be demonstrated prior to approval of development in these areas.
(1) Principally Permitted Uses.
(a) General retail goods and services including cafés and restaurants, delis, food stores, convenience sales, markets, bakeries, pharmacies;
(b) Personal and professional services including beauty and barber shops, self-service laundries, dry cleaners, tailors, travel agencies, real estate sales, fitness centers, dance studios;
(c) Offices, professional offices, banks, medical offices, and clinics; (d) Hardware, appliance, clothing, furniture, television and electronic stores, florists, video sales and rentals, antique and art galleries and sales, bookstores; (e) Libraries and art galleries;
(f) Public offices including public safety facilities, post office; (g) Visitor-serving facilities such as hotel, motel, inns, and hostel; (h) Churches;
(i) Existing dwellings and living quarters;
(j) Supportive Housing Developments and Low Barrier Navigation Centers. (jk) ADUs and/or JADUs, in compliance with Section 18.25.350 18.25.060 (jl) Tot lots and mini parks;
(km) Outdoor farmers’ market; flea market;
(ln) Vehicle service station;
(mo) Other small businesses when entirely enclosed and capable of emitting only minimum noise or pollutants, including, but not limited to, cabinet shops, plumbers, electricians, photographic and blueprint processing, print shops.
(2) Conditionally Permitted Uses.
(a) Bars, restaurants with bars;
(b) Second-hand stores;
(c) Commercial and public off-street parking facilities; Chapter 18.15 (10/24/23 draft)

(d) Brew pubs;
(e) Small-scale vehicle repair and servicing;
(f) Animal clinics and hospitals;
(g) Theaters, commercial recreation facilities, and social halls; (h) Nursing homes and hospices;
(i) Emergency shelters and transitional single room occupancy housing; (j) Group homes; employee housing including farmworker housing; supportive housing that does not meet all of the requirements of a supportive housing development; and transitional housing.
(jk) Temporary outdoor display and sale of locally-produced or -created arts and crafts; (kl) Satellite TV receiving dish.
(3) Conditionally Permitted Dwelling Units. Dwelling units of any type and mixture, including live-work spaces, but excluding ADUs, JADUs, mobile home parks and mobile homes, provided that: (a) the full amount of required off-street parking for each use or activity is provided on site or fees in lieu thereof are paid in accordance with the city’s zoning ordinance and schedule of fees in effect on the date of the use permit; (b) all yard, landscaping and screening requirements as set forth in the zoning ordinance are adhered to. The planning commission shall require that a comprehensive development plan be submitted for review and approval for any proposed development consisting of multiple mixed uses including live/work spaces.

The planning commission may deny applications for new dwelling units within the core area if a finding is made that such units will not advance the principal purposes of the downtown or are sighted or designed in a fashion that is incompatible with the city’s architectural design or historic preservation standards. The planning commission shall deny applications for new dwelling units within the core area for any inconsistency with the provisions of the LCP, including, but not limited to, a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.
(4) Other Regulations.
(a) Minimum yards: front, none, except that where frontage is partially in a residential zone, the front yard shall be the same as that required in such residential zone; rear, 15 feet; side, none, except that a side yard abutting a residential zone shall not be less than the front yard of such residential zone;
(b) Maximum building height, 35 feet, except that the planning commission may require a lesser height as provided in Section 18.25.150;
(c) Sidewalks are required.
[Ord. 179 § 4.07, 2001; Ord. ___ § 6, 2023; Ord. ___ § 3.07, 2023] Chapter 18.15 (10/24/23 draft)

18.20.080 18.15.045 Highway commercial or HWC zone.

The highway commercial zone applies to properties so designated on the zoning map which require and benefit from locations along Highway 1 in order to provide goods and services in association with ease of access and off-street parking. Connections to municipal water and sewer systems shall be required.
(1) Principally Permitted Uses.
(a) All uses principally permitted in the core commercial (C) zone; (b) Small vehicle, truck, and boat sales;
(c) Physical fitness facilities;
(d) Supportive Housing, Emergency shelters and Low Barrier Navigation Centerstransitional housing.
(2) Conditionally Permitted Uses.
(a) Very light goods production and assembly, and very light industrial uses, provided production, assembly, repair work and storage are enclosed and screened and are found not likely to negatively impact adjoining or nearby properties or become an eyesore to those traveling on Highway 1, nor impact negatively on adjoining commercial or residential properties, nor create any noticeable noise; (b) Vehicle storage and repair garages;
(c) Mortuaries;
(d) Nursing homes and convalescent hospitals;
(e) Brew pubs;
(f) Business parks;
(g) Used vehicle sales; automobile and other vehicle services; (h) Hardware and lumber sales;
(i) Social halls and commercial recreation, including bowling alleys; (j) Warehouses provided goods are largely stored within buildings and where stored outside are screened and landscaped;
(k) Animal-care hospitals and clinics;
(l) Short-term RV parks (RV timeshares are not permissible); (m) Comprehensively-planned mobile home parks and associated facilities; (n) Production and sale of locally manufactured or created goods or crafts for sale to the passing public.
(3) Conditionally Permitted Residential Uses. In accordance with a duly-adopted comprehensive development plan, tThe following new residential uses and developments may be permitted, by use permit:

Chapter 18.15 (10/24/23 draft)

(a) Mobile home park in accordance with the mobile home regulations of Section 18.25.300 of this title;
(b) Live-work spaces;
(c) Single room occupancy housing; group homes; employee housing including farmworker housing; supportive housing that does not meet the requirements of a supportive housing development; and transitional housing.
(bd) Multifamily dwellings of any type or mixture, except mobile homes, provided that:
(i) Residential units occupy no more than 25 percent of the land area of any lot and the units are placed on the rear 40 percent of said lot,
(ii) All required off-street parking is provided on site, (iii) All yard, landscaping and screening requirements as set forth in this title are adhered to,
(iiiv) For each residential project at least 15 percent of the project area is set aside as permanent useable usable open space, which space shall be in addition to patios, decks, and yards,
(iv) The project residential density is no greater than 15 dwelling units per acre, which requires that for each dwelling unit there must be at least 2,900 square feet of residential land area,
(vi) Connections to municipal water and sewer systems shall be required, and the availability of adequate municipal water and sewer systems shall be determined prior to approval of the permit.

The planning commission shall deny applications for new dwelling units within the highway commercial area for any inconsistency with the provisions of the LCP, including, but not limited to, a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255. (4) Other Regulations.
(a) Minimum lot area: 10,000 square feet;
(b) Minimum lot width: 100 feet;
(c) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet; (d) Maximum building height: 45 feet.
[Ord. 179 § 4.08, 2001; Ord. ___ § 3.08, 2023]

18.20.090 18.15.050 Harbor commercial or HC zone.

The harbor commercial zone applies to properties at Arena Cove so designated on the zoning map which are most suitable for commercial activities in conjunction with commercial and recreational fishing and other coastal-dependent activities. This land use designation provides Chapter 18.15 (10/24/23 draft)

for visitor-serving uses which will enhance the public’s enjoyment and utilization of the area.

Coastal-dependent activities shall have priority over other developments on or near the shoreline and shall not be sited in wetland areas. Connection to water and sewer systems shall be required.
(1) Principally Permitted Uses.
(a) Boat launching, boat building and boat repairs;
(b) Retail sales or rentals of fishing supplies, scuba supplies and surf-related surf supplies; (c) Purchasing, selling, and processing of fish and shellfish; (d) Coastal-dependent aquaculture facilities;
(e) Existing visitor-serving uses;
(f) Public facilities related to coastal dependent activities. (2) Conditionally Permitted Uses.
(a) Public parking lot;
(b) The following visitor-serving uses:
(i) Bed and breakfast inns,
(ii) Restaurant/café,
(iii) Hotel/motel/inn,
(iv) Campground, and campground with short-term recreational vehicle use, (v) Antique, art, and gift shops; art galleries,
(vi) Short-term recreational vehicle park (44 spaces, maximum), with R/V timeshares impermissible,
(vii) Housing unit for the owner or manager of the use listed in subsection (i), (iii), (iv) or (vi);
(c) Expansion of existing visitor-serving uses;
(d) Noncoastal dependent aquaculture facilities;
(e) City-managed public facilities;
(f) Satellite TV receiving dish.
(3) Other Regulations.
(a) Minimum lot area: 7,500 square feet;
(b) Minimum lot width: 60 feet;
(c) Maximum lot depth: three times lot width;
(d) Minimum yards: front, 20 feet; rear, 15 feet; side, 10 feet, except that the planning commission may modify setback requirements as provided in Section 18.25.150; Chapter 18.15 (10/24/23 draft)

(e) Maximum building height: 25 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(f) The visitor-serving uses conditionally allowed under subsections (2)(b) and (2)(c) shall be cited so as to ensure that they neither interfere with existing coastal-dependent uses nor preclude potential coastal-dependent uses in the harbor area. Generally, development in the flats near Arena Cove would preclude coastal-dependent uses whereas development on the hill slope would not preclude any coastal-dependent uses.

In no case shall more than 25 percent of the flats portion of any parcel, excluding environmentally sensitive habitat areas, be utilized for visitor-serving uses. The flats shall be defined as the area from the toe of the north bank to the toe of the south bank.

The toe shall be defined as where the bottom of the bluff meets the flats. (g) Each and all parcels in one ownership at the date of adoption of this title shall be subject to the requirement that no tree removal, earth moving or grading, and no development, may take place until a comprehensive development plan has been reviewed and approved in accordance with provisions of Section 18.30.140. Also proposed development shall comply with Section 8.4(A) of the land use and development element of the Point Arena general plan.
[Ord. 179 § 4.09, 2001; Ord. ___ § 3.09, 2023]

18.20.100 18.15.055 Industrial or I zone.

The industrial zone applies to properties so designated on the zoning map that are suitable for non-nuisance industrial activities which are not suitable by virtue of their performance for location in commercial districts or proximate to living and tourist areas, and can be expected to contribute to Point Arena’s economic development and tax revenues. All development in the industrial zone shall avoid impacts to the immediate area from noxious or offensive emissions such as noise, glare, dust, odor, chemical pollution, or other pollution. All uses require a conditional use permit.

Retail, professional service, and office uses should be excluded unless directly associated with an industrial activity.
(1) Other Regulations.
(a) Minimum lot area: 10,000 square feet;
(b) Maximum building height: 45 feet, except the planning commission may require a lesser height as provided in Section 18.25.150;
(c) Minimum lot width: 80 feet;
(d) Maximum lot depth: three times lot width;
(e) Minimum setbacks: front, 30 feet; rear, 20 feet; sides, 20 feet; (f) Special regulations: All manufacturing and fabricating areas shall be enclosed in buildings, and all equipment and materials storage areas shall be screened by walls, fences or adequate plantings to a height of not less than six feet; Chapter 18.15 (10/24/23 draft)

(g) Septic systems and wells may be permitted, when consistent with applicable health department regulations and city ordinances and the adequacy and availability of water supply and sewage disposal to serve the proposed use shall be substantiated prior to approval of the permit.
[Ord. 179 § 4.10, 2001; Ord. ___ § 3.10, 2023]

18.20.110 18.15.060 Public facility or PF zone.

The public facility designation applies to properties so designated on the zoning map that are suitable for use for public purposes such as recreational, educational, and cultural activities and for specific public utility purposes, including publicly-owned parking lots and facilities, storage yards, sewer facilities, and community centers, but not including publicly-owned parks, recreation areas, open spaces, and trails. All uses require a conditional use permit. (1) Conditionally permitted uses include, but are not limited to, the following:
(a) Public services and administrative offices such as police and fire stations, post offices, public parking lots, City Hall;
(b) Schools and libraries;
(c) Publicly-owned museums, art galleries;
(d) Public meeting halls and recreation centers;
(e) Public utility structures of a limited nature such as radio, television transmission facilities, pumping stations, sewage treatment plants, corporation and storage yards; (f) Public cemeteries;
(g) Public utility warehouse, gas holders, and substations; (h) Reservoirs;
(i) Telephone, cable television exchanges;
(j) Transformer stations;
(k) Service yards and storage yards;
(l) Satellite TV receiving dish.
(2) Other Regulations.
(a) Minimum lot area, depth, setbacks, and building heights to be determined by the planning commission;
(b) The availability of adequate water supply and sewage disposal capacity to serve proposed development shall be substantiated prior to approval of a coastal development permit.
[Ord. 179 § 4.11, 2001; Ord. ___ § 3.11, 2023]
Chapter 18.15 (10/24/23 draft)

18.20.120 18.15.065 Park or P zone.

The park or P zone applies to properties designated on the zoning map which are suitable for permanent use as parks, playfields, playgrounds, outdoor recreation, and recreational facilities open to the public and owned by a public or quasi-public agency, including trails, but excluding tot lots, and including associated off-street parking areas, structures and buildings. (1) Principally Permitted Uses.
(a) Parks, playfields, playgrounds and associated facilities and activities, trails, and recreational facilities, including picnic areas; public golf course and driving range; beach; (b) Associated vehicle parking;
(c) Associated and compatible recreational structures and buildings. (2) Other Regulations. The availability of adequate water supply and sewage disposal capacity to serve the proposed development shall be demonstrated prior to approval of a coastal development permit. [Ord. 179 § 4.12, 2001; Ord. ___ § 3.12, 2023]

18.20.130 18.15.070 Open space or OS zone.

The open space or OS zone applies to properties which are owned by a public agency or are dedicated to a public agency or quasi-public agency or public utility, or are set aside permanently by deed or by a bona fide home owners’ association or equivalent, or otherwise permanently set aside by an owner as and for open space purposes only. An open space designation subjects the property to such restrictions on the use as may be adopted by the city council at the time of an open space designation but no buildings shall be permitted except for purposes of public safety and maintenance.
(1) Principally Permitted Uses.
(a) Public and private undeveloped areas devoted to active outdoor recreation, passive recreation, pasture, grasslands;
(b) Beaches, trails, viewing areas, and nature study areas, bluffs. (2) Conditionally Permitted Uses.
(a) Camping and picnic areas, benches.
[Ord. 179 § 4.13, 2001; Ord. ___ § 3.13, 2023]
Chapter 18.20 (10/24/23 draft)

Chapter 18.20 GENERAL DEVELOPMENT STANDARDS

18.25.070 18.20.010 Height limitations and modifications.

Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof; but, chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. [Ord. 179 § 5.07, 2001; Ord. ___ § 4.01, 2023.]

18.25.080 18.20.015 Access to public road.

All lots created subsequent to the adoption of these regulations shall have 25 feet of frontage on a public road, or 25 feet of frontage on a public easement at least 25 feet wide from the lot to a public road. Lots existing on the effective date of these regulations not having such access to a road may be used for the purposes provided in these regulations if a use permit is first obtained incorporating such conditions as the planning commission deems necessary to ensure sufficient access to a public road. [Ord. 179 § 5.08, 2001; Ord. ___ § 4.02, 2023.]

18.25.090 18.20.020 Accessory structures.

With the exception of garages, wells, and pumphouses, accessory structures shall be located in the area between side property lines from the rear lot line to the rear of the front yard.

Accessory structures shall not be closer than 10 feet to any on-site building and not closer than 15 feet to any side lot line abutting a street. Accessory structures for non-household animals shall not be located closer than 50 feet to any dwelling.

Accessory buildings in MR, SR, and UR zones shall not exceed 15 feet in height. Accessory structures shall conform to all setbacks in the zoning district in which they are built.

Fences are covered by separate regulations as set forth in Section 18.25.110. [Ord. 179 § 5.09, 2001; Ord. ___ § 4.03, 2023.]

18.25.110 18.20.025 Yards, fences, walls and hedges.

The minimum yard requirements set out in Chapters 18.20 and 18.25 shall be subject to the regulations of this section.
(1) Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into a side yard and four feet into a front, rear, or street side yard. Uncovered porches, decks, balconies, stairways, fire escapes or landings may extend a maximum of eight feet into front, street side, or rear yards and three feet into side yards.
(2) In residential zoning districts, the street side yard on a corner lot shall be 15 feet. (3) Sight-obscuring fences, freestanding walls or hedges more than two and one-half feet in height and located within a required front yard or required side yard adjacent to a street shall not be located closer than 15 feet to the point where the edge of a driveway crosses the Chapter 18.20 (10/24/23 draft)

property line. Fences located within a required front yard, or side yard adjacent to a street, shall not exceed four feet in height.
(4) Fences and freestanding walls located within a required interior side yard or required rear yard shall not exceed eight feet in height.
(5) Fences and freestanding walls located within the buildable portion of a lot shall not exceed 15 feet in height.
(6) For corner lots, within the area lying between the front and street side lot lines and a line connecting points on these lot lines 20 feet from their intersection, sight obscuring fences, walls and vegetation shall not exceed two and one-half feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding 18 inches in cross sectional width, measured at three feet above the established grade of either street, shall be permitted provided that tree branches are removed up to eight feet above the grade of either street.

Heritage trees may be excepted.
(7) Limitations on fence height shall not be deemed to prohibit non-sight-obscuring safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations.
(8) Sight obscuring fences shall not be constructed in public viewsheds as depicted on the opportunities and constraints map. [Ord. 179 § 5.11, 2001 ; Ord. ___ § 4.04, 2023.]

18.25.140 18.20.030 Landscaping and screening.

These regulations are intended to protect individual properties from the negative effects of traffic and to improve the appearance and environmental quality of Point Arena. In order to achieve these objectives, new developments in the MR, C, HWC, HC, and I zones shall be required to submit for approval as part of any coastal development or other permit application landscaping and screening plans that meet the following criteria:
(1) Maintenance. All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening, and trees, shall be in sound functional condition, or, whenever necessary, repaired and replaced. (2) Materials. Where trees are required in a new development they shall be of a species, degree of maturity, and spacing acceptable to the planning commission. Where dense landscaping to a specified height is prescribed, it shall be of a type that will provide a yearround barrier to the prescribed heights and shall be so spaced that vision of objects on the opposite side is effectively eliminated.
(3) Dense landscaping or a solid wall or fence of a minimum height of six feet shall be provided along the rear and side property lines of any nonresidential use which abuts on a residential use; to screen any open area used for the storage of goods, materials, or waste from view from abutting properties and from public right-of-way; to screen any open area used to display goods or materials for sale from abutting properties.

Chapter 18.20 (10/24/23 draft)

(4) Prescribed fences, walls or dense landscaping need not be provided along a lot line if a permanent fence, wall or dense landscaping of at least equivalent height, density and maintenance exists immediately abutting and on the opposite side of said lot line. (5) Perimeter landscaping shall be provided between parking spaces and adjacent street rightof-way whenever five or more parking spaces are required. Such landscaping area shall be at least four feet wide and protected from damage by a curb or header adjacent to the parking area. In addition, whenever five or more parking spaces are required one tree shall be provided, with an additional tree required for every 10 additional required parking spaces. Such trees shall be planted in tree wells at least four feet by four feet, protected by a curb or header.

Whenever five or more parking spaces are required, at least four percent of the parking area, including the above required landscaping, shall be landscaped. (6) Plantings shall blend with the existing natural vegetation and natural habitats on the site. (7) Invasive plant species that tend to supplant native species and natural habitats shall be prohibited. [Ord. 179 § 5.14, 2001; Ord. ___ § 4.05, 2023.]

18.25.260 18.20.035 Control of noise.

New development shall conform to noise control policies set forth in the noise element of the general plan or in any noise ordinance that may be in effect and in conformance therewith, and the planning commission may require that noise studies be prepared as a condition of any permit review and may also require that a developer mitigate for negative noise impacts. [Ord. 179 § 5.26, 2001; Ord. ___ § 4.06, 2023.]

18.25.280 18.20.040 Off-street parking.

These regulations are intended to provide accessible and well-maintained off-street parking facilities so as to reduce traffic congestion and thereby allow the more efficient utilization of the street right-of-way.
(1) General Provisions.
(a) When any main building is constructed, enlarged, or increased in capacity, or when a change in use creates an increase in the amount of off-street parking space required, additional parking spaces shall be required, except as specifically provided in this chapter.
(b) Fractional space requirements shall be counted as a whole space. (c) No portion of any front yard, or any side yard on the street side of a corner lot, shall be used for off-street parking purposes, except in the case of a driveway of a single-family dwelling and in the industrial and highway commercial zones where required front yards may be used to meet off-street parking requirements.
(d) Off-street parking spaces for single-family dwellings shall be located on the same lot as the dwelling served. Off-street parking spaces for all other dwellings, and all nonresidential uses, shall be located on the same lot as, or not more than 150 feet from the building or use served.

Chapter 18.20 (10/24/23 draft)

(e) No repair work or servicing of vehicles shall be conducted in an off-street parking facility, except such minor work as is common to residential use. (f) No off-street parking facility shall be reduced in capacity or in area without sufficient additional capacity being provided.
(g) Off-street parking facilities for one use shall generally not be considered as providing required off-street parking facilities for any other use. However, off-street parking facilities for one commercial use may be considered as providing required off-street parking facilities for another commercial use if the business hours of the two uses are mutually exclusive.
(h) When two or more uses are located in the same building and/or in common developments, or when parking facilities for different buildings or uses are provided collectively, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this section. (i) Sufficient bicycle storage space, as determined by the planning commission, shall be provided in all parking areas of 10 or more spaces.
(j) Where joint parking facilities are provided for two or more commercial uses in a planned commercial development, the minimum requirement may be reduced to 75 percent of the sum of the requirements for the various uses computed separately, when the combined requirements total 20 or more spaces.
(k) Requirements for types of buildings or uses not specifically listed herein shall be determined by the planning commission based upon the requirements for comparable uses listed and on the particular characteristics of the building or use. (2) Parking Space Requirements. Off-street parking spaces shall be provided according to the following schedule:
(a) Residential Uses Parking.

Single-family and two-family dwellings located
in a residential district
Two spaces per dwelling
unit
Multifamily dwellings with two or fewer
bedrooms located in a residential district
One and one-half spaces
per dwelling unit
Multifamily dwellings with three or more
bedrooms located in a residential district
Two spaces per dwelling
unit
Single- or multiple-family dwellings as a
secondary use located in a commercial district
One space per dwelling
unit
(b) Commercial and Public/Quasi-Public Uses.

Chapter 18.20 (10/24/23 draft)

Small establishments in existing and new
buildings. Any use with a floor area less than
600 square feet and located in a building with
not more than one other use of less than 600
square feet
No spaces
Uses in completely new structures or change of use in an existing structure:

Theaters, churches, lodges, clubs, auditoriums,
and other public assembly uses
One space per every six
seats
Bowling alleys and pool halls Four spaces for each lane; two spaces for each
billiard table
Hotels, motels, inns, rooming houses located in
a nonresidential district
One space per every one
and one-half sleeping
units
Hotels, motels, inns, rooming houses located in
a residential district
One space per sleeping
unit, plus one space per
every three employees
Hospitals Two spaces per bed
Extended care facilities One space per two and
one-half beds
Medical offices One space per 200 square
feet of floor area
All professional service/general business offices
(including banks)
One space per 300 square
feet of floor area
Restaurants, bars, retail sales, personal services,
and all other commercial, public and quasipublic uses not listed One space per 400 square
feet of floor area
Commercial (work) space as part of a “livework” space located in a residential district One space per for each live-work unit, in addition
to the required residential
spaces
(c) Industrial Uses. To be determined on a case-by-case basis by the planning commission. (d) Schools.

Chapter 18.20 (10/24/23 draft)

Nursery and elementary schools One space per each
classroom and office, plus
10 spaces for visitor
parking
High schools One for every three
students, plus one for
every two teachers, and
one for each other
employee
(3) Dimensional Requirements. The minimum off-street parking dimensions shall be as prescribed in the following table, except that a parking space required to be located in a garage or carport shall be not less than 20 feet in length and 10 feet in width:

Angle Stall Width Stall Length Aisle Width
One-way Two-way
Parallel 8′6″ 23′ 12′ 20′
30 degree 8′6″ 16′10″ 11′ 20′
45 degree 8′6″ 19′5″ 13′6″ 20′
60 degree 8′6″ 20′8″ 18′6″ 20′
Perpendicular 8′6″ 19′ 25′ 20′

(See Figure 1, Guide to Dimensional Requirements)
Chapter 18.20 (10/24/23 draft)

Figure 1
Chapter 18.20 (10/24/23 draft)

GUIDE TO DIMENSIONAL REQUIREMENTS
Twenty percent of the required spaces in parking areas with five required spaces or more may be devoted to compact car spaces, as follows:

Angle Stall Width Stall Length
Parallel 7′ 20′
45 degree 7′6″ 16′
60 degree 7′6″ 17′
Perpendicular 7′6″ 16′
Such spaces shall be clearly labeled for “compact cars.” (4) Design Requirements. Requirements for off-street parking areas shall include:
(a) Lighting. If the parking area is illuminated, lighting shall be deflected away from residential sites and downward so as to cause no annoying glare. (b) Bumpers. Bumpers, posts, wheel stops, or other acceptable devices shall be provided on all parking spaces located along property lines and set back a minimum of one and onehalf feet from the boundary of the parking lot. All such devices shall be firmly attached to the ground.
(c) Access Drives. Except for single-family dwellings, groups of more than two parking spaces shall be so located and served by an access drive that the use of the spaces and the access drive will require no backing movements or other maneuvering within a street right-of-way. Alleys may be used for maneuvering. (d) Each parking space shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without requiring moving another vehicle.

Entrances from and exits to streets and alleys shall be provided at locations approved by the planning commission.
(de) Parking Surface. The parking area, aisles, and access drives should be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to according to the following standards:
(i) Where the parking facility adjoins a street or a required front yard, or where a parking area is located directly across a street or alley from a residential use, a solid wall or fence, vine covered fence, or compact evergreen hedge no less than four feet in height shall be located on the property line or on the rear line of the required front yard. See Section 18.25.110 for additional information regarding yards, fences, walls and hedges.
(ii) One tree shall be provided for every eight parking spaces, except that parking areas of five or more spaces shall also require at least one tree. Said trees shall be planted in tree wells of at least four-by-four feet in locations approved by the design assistance committee and shall be provided with a means of irrigation and maintained in a living condition. Off-street parking areas for multifamily dwellings Chapter 18.20 (10/24/23 draft)

shall be screened from street view by the means of berming, landscaping, fencing or some combination thereof.
(iii) All planters and tree wells shall be enclosed by a curb not less than six inches in height.
(f) Exception. Within 35 feet of the street corner of any corner lot, the height of any landscaping or screening may be required to be reduced in height or set back from the property line such distance as the planning commission shall deem necessary for public safety.
[Ord. 179 § 5.28, 2001 ; Ord. ___ § 4.07, 2023.]

18.25.290 18.20.045 Signs.
(1) Signs allowed in all zones without a permit.
(a) Noncommercial Signs.
(i) Permanent signs shall not exceed two square feet, including residential name plates, safety or directional signs, and “no trespassing” signs. (ii) Temporary signs shall not exceed 32 square feet, and in no case shall the total of display surface of temporary signs exceed 32 square feet per parcel. Any temporary sign shall be allowed for one 42-day period in a calendar year or a total of 42 separate days in a calendar year. Political campaign signs may be allowed for more than 42 days but must be removed within 10 days after the election. (b) Commercial.
(i) Permanent signs which are not illuminated, including home occupation business signs, shall not exceed three square feet.
(ii) Temporary signs, nonilluminated, and not exceeding a total area of six square feet, and not more than two in number for residential zones, and nonilluminated signs not exceeding 32 square feet and not more than two in number for all other zones; and vendor signs which shall not exceed six square feet and shall be displayed only when the operator is vending. Anything greater than six square feet in area shall require a permit. All commercial, temporary signs shall not exceed 32 square feet, and in no case shall the total of display surface of temporary signs exceed 32 square feet per parcel. Any temporary sign shall be allowed for one 42-day period in a calendar year or a total of 42 separate days in a calendar year (including for sale or lease signs).
(2) Signs Allowed in All Zones With a Permit.
(a) Noncommercial signs which shall not exceed 32 square feet and must be located on the premises not less than 10 feet from any property line. Illumination shall be non-glaring and indirect. Non-commercial signs include signs for schools, churches, clubs and other public organizations.

Chapter 18.20 (10/24/23 draft)

(b) Commercial Signs. Illuminated home occupation signs which shall not exceed three square feet. Illumination shall be non-glaring and indirect. (3) Signs Allowed in the Commercial and Industrial Zones Without a Permit. Non-temporary signs within window display areas, visible from the street, nonilluminated and less than two square feet shall not require a permit; however, the square footage of these signs will be added to the entire aggregate advertising area for the parcel. Temporary signs within window display areas are subject to requirements of subsection (1)(d). All other signs within window display areas may be allowed with permit.
(4) Signs Allowed in the Commercial and Industrial Zones With a Permit. Signs allowed in the commercial and industrial zones with a permit shall be permanently fixed to the ground or building, are subject to design review, and are subject to the following size, quantity, and placement restrictions:
(a) Maximum Aggregate Display Surface. The aggregate display surface for any parcel of land shall be one square foot for each foot of street frontage, provided that any parcel shall be permitted at least 20 square feet of advertising area, but in no case shall the advertising area for any parcel exceed 300 square feet in area. (b) Maximum Number of Signs. The aggregate display surface may be divided into not more than six single- or double-faced signs.
(c) Maximum Sign Size. No sign shall exceed 50 square feet in area, except signs of unusual size or nature (see subsection (5)).
(d) Maximum Height. No sign shall exceed the maximum building height for the zone in which the sign is located, and in no case shall it exceed the maximum height of the structure. Signs attached to buildings shall not project beyond the roof line at any point. (e) Maximum Size and Projection Over Public Right-of-Way. Signs projecting more than eight inches over the public right-of-way shall not exceed 32 square feet in area, shall not project more than five feet, shall not extend closer than 24 inches horizontally from the curb face, shall not be closer than nine feet to the ground, and, if attached to the underside of a projecting canopy extending over a public right-of-way, shall not be more than six square feet in area.
(5) Signs of Unusual Size or Nature. The following signs may be allowed with a permit in all zones. If in conformance with the following criteria, the sign may be allowed to exceed the maximum sign limits and the area of the sign will not be included in the aggregate display surface.
(a) Murals shall be painted or affixed directly on the building, shall cover a minimum area of 50 square feet, shall be pictorial in nature, and should not contain commercial logos. (b) Theater marquees only for theater use shall contain no permanent lettering with the exception of the name of the theater.
(6) Prohibited Signs.

Chapter 18.20 (10/24/23 draft)

(a) Signs that resemble traffic control signs or obstruct the visibility of any traffic sign, or signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited unless required by law. An exception to this section is the allowance of barber poles, clock hands and lighted holiday decorations. (b) Off-site advertising is prohibited except signs erected by public agencies. Existing offsite outdoor advertising billboards shall be phased out and the construction of new billboards is prohibited.
(c) No sign shall restrict necessary sight distances at intersections or driveways. (d) No sign shall be placed in a public right-of-way.
(e) Placement of signs other than traffic or public safety signs, utilities, or other accessory equipment that obstruct views to the ocean, beaches, parks, or other scenic areas, from public viewing areas and scenic roads shall be prohibited. (7) Use of Nonconforming Signs. Signs lawfully existing on the effective date of the ordinance codified in this title which do not conform to the regulations of this title will constitute nonconforming signs.
(a) If the service, business, institution or location to which a nonconforming signs refers ceases for a period of 30 days or more for a year-round business or for a period of six months or more for a seasonal business, the sign shall be removed. Such sign shall be removed within a period of 60 days after the termination of the need for the sign. (b) Any nonconforming sign destroyed by fire, wind, or accident to the extent that cost of repair, using new materials exceeds 50 percent of the current appraised value, as determined by the city building inspector, or its agent, must be removed or brought into conformance with the requirements of this chapter.
(c) Any change made to a nonconforming sign must bring the sign into conformity with this chapter.
(8) Design Requirements.
(a) Materials, colors, size and style used in a sign should be compatible with its location. (b) Signs associated with new building construction should be designed to be an integral part of the structure and should complement or enhance the appearance of the surrounding area.
(c) Light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas and uses. Indirect lighting is preferred over internally lit or neon signs. (d) Signs located in residential zones shall in no way change the predominantly residential character of the area.
(e) All signs shall be safe and well maintained.

Chapter 18.20 (10/24/23 draft)

(f) Freestanding signs, unless otherwise stated, should be placed a minimum of five feet from any property line in order to protect the public and neighbors from the feeling of crowding.
(g) See additional design review requirements as specified in Section 18.25.150(3). [Ord. 179 § 5.29, 2001 ; Ord. ___ § 4.08, 2023.]
Chapter 18.25 (10/24/23 draft)

Chapter 18.25 STANDARDS FOR SPECIFIC LAND USES

18.25.020 18.25.010 Accessory uses.

Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this article, provided that no accessory use shall be conducted on any property in the MR, SR, and UR zones unless and until the main building is erected and occupied, or until a use permit is secured. Use of a recreational vehicle as a temporary residence by visitors for not more than 15 days in any calendar year shall be a use accessory to a dwelling. [Ord. 179 § 5.02, 2001; Ord. ___ § 5.01, 2023.]

18.25.030 18.25.015 Vehicle and other storage.

Abandoned, unlicensed, inoperable or partially dismantled vehicles may be parked within the confines of a legally established vehicle repair business. They may also be stored within any enclosed building. Also, not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight obscuring fence, wall or hedge. Storage of crab pots, boats and recreational vehicles is permitted in required yard areas except in the street corner area identified in Section 18.25.110(6), provided that access to the perimeter of the dwelling is not obstructed, and no such storage is closer than five feet to the front lot line. Building materials, equipment and appliances and similar unsightly items shall not be stored in the required front or street side yard for more than 30 days in any year. [Ord. 179 § 5.03, 2001; Ord. ___ § 5.02, 2023.]

18.25.040 18.25.020 Animals.

In the urban residential and suburban residential zones no more than four household pets such as dogs and cats may be kept as an accessory use to a dwelling, unless a use permit is obtained.

In the multifamily residential zone no more than two household pets per household are allowed unless a use permit is obtained. In addition to any household pets, not more than four small domestic animals, including rabbits and poultry, may be kept in the suburban residential and urban residential zones on a lot of 7,500 square feet in area or less. One additional small domestic animal may be kept for each 2,000 square feet of area by which the lot exceeds 7,500 square feet. No rooster over the age of six months shall be permitted in the urban residential or multifamily residential zones.

In addition, the following domestic animals may be kept as accessory to a dwelling in the suburban residential and residential agriculture zones:
(1) One large domestic bovine, equine, or porcine animal may be kept on a lot of not less than one acre. One additional large animal may be kept for each one-half acre by which the lot exceeds one acre.
(2) Two medium sized domestic animals, including sheep and goats, may be kept on any lot of not less than one acre. One additional medium sized animal may be kept for each 10,000 Chapter 18.25 (10/24/23 draft)

square feet of area by which the lot exceeds one acre. [Ord. 179 § 5.04, 2001; Ord. ___ § 5.03, 2023.]

18.25.050 18.25.025 Assemblages of persons and vehicles.

No circus, carnival, religious revival or similar assemblage of people and automobiles, lasting longer than one day, shall be permitted in any zone unless a use permit is first secured in each case. [Ord. 179 § 5.05, 2001; Ord. ___ § 5.04, 2023.]

18.25.060 18.25.030 Home occupation.

Home occupations, including, but not limited to, sewing, music studios, desktop publishing, art studios, computer programming, professional offices, home and health care product distributors, bookkeeping, rooming and boarding of not more than two persons including tourists, may be permitted as an accessory use to any dwelling, subject to the following conditions and to the provisions of the zone in which the occupation is proposed, and coastal development permits, where the use constitutes “development” as defined in Appendix A, Supplemental Definitions:
(1) No more than two employees other than members of the resident family; (2) Not more than one nonilluminated sign not to exceed three square feet in area and attached to the dwelling;
(3) No outside display of merchandise;
(4) Electrical motors only, and not to exceed a total of three horsepower each; (5) No radio or television interference, amplified music, or noise audible beyond the boundaries of the site;
(6) No significant increase in automobile and truck traffic over normal residential use; (7) The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. All aspect of the home occupation, including storage, shall be conducted entirely within the dwelling unit or enclosed accessory building(s) on the premises; (8) There shall be no changes, resulting from the home occupation, in the outside appearance of the building or premises, or visible evidence of the conduct of such occupation, other than the sign stipulated in subsection (2);
(9) The sale of merchandise not produced on the premises (except mail order businesses) shall be clearly incidental and accessory to the merchandise or service produced by the home occupation, and shall not be advertised in any manner;
(10) No equipment or process used shall create noise, vibration, fumes, dust, odors, smoke, electrical interference, or other impacts in excess of those customarily generated by singlefamily residential uses in the neighborhood; (11) Home occupations shall not include manufacturing, processing or transportation of flammable, combustible, explosive, toxic or other hazardous materials. [Ord. 179 § 5.06, 2001; Ord. ___ § 5.05, 2023.]
Chapter 18.25 (10/24/23 draft)

18.25.120 18.25.035 Swimming pools.

Any artificial pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted as an accessory structure in any zone and shall be subject to the following regulations:
(1) Such pool shall be located on the rear one-half of the lot and in any case at least 50 feet from the front lot line, nor closer than five feet to a side or rear lot line. Filter and heating systems shall not be located within 10 feet of any lot line. (2) Such pool or the property on which it is located shall be completely enclosed by a wall or fence at least four and one-half feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least four feet above ground level in order that full control of access by children may be maintained. (3) All swimming pools proposed near coastal bluffs and within 100 feet of fault zones shall contain double wall construction with drains and leak detection systems. [Ord. 179 § 5.12, 2001; Ord. ___ § 5.06, 2023.]

18.25.300 18.25.040 Mobile home regulations.

The following provisions shall apply to the placement of mobile home units on lots within the city limits:
(1) Mobile homes must conform to applicable residential or commercial zone requirements relative to water and sewer connections.
(2) Mobile homes will not be allowed on lands designated “unstable” or within 100 feet of the Hathaway Creek Fault as shown on Point Arena opportunities and constraints map. (3) Use is intended as a single-family mobile home dwelling. (4) Household pet requirements will be based on applicable residential zone requirements. (5) Home occupations shall be by conditional use permit only. (6) Minimum lot area must be consistent with the lot area requirements of the zoning district. (7) Minimum lot width must be consistent with the lot area requirements of the zoning district.
(8) Maximum depth is three times the lot width.
(9) Minimum yards must be consistent with the lot area requirements of the zoning district. (10) Development must comply with all applicable state standards for mobile homes. (11) Exterior siding must be of nonreflective material, which is or simulates woods, stucco, or masonry and shall be required to extend to the foundation.

Chapter 18.25 (10/24/23 draft)

(12) Roofing shall be of nonreflective material, fiberglass or approved fire-resistant shingles.

The painting of a raw metal roof will not meet this requirement. (13) A minimum 12-inch roof overhang shall be required. (14) All mobile units must provide a minimum living area of 1,000 square feet, excluding garage. (15) A special permit shall be required before a mobile home built prior to June 15, 1976, can be placed on a foundation. [Ord. 179 § 5.30, 2001; Ord. ___ § 5.07, 2023.]

18.25.310 18.25.045 Storage tanks.
(1) The city shall not allow the installation of underground hazardous materials storage tanks. (2) Above ground hazardous materials storage tanks shall comply with current Environmental Protection Agency and State Water Quality Control Board regulations. [Ord. 179 § 5.31, 2001; Ord. ___ § 5.08, 2023.]

18.25.320 18.25.050 On-shore facilities for the support of off-shore oil and gas exploration or development.

When any person proposes to undertake the development within Point Arena of any on-shore facility relating to the exploration or development of off-shore oil or gas resources, a general plan amendment is required. Any such amendment shall not be effective until a majority of the voters in Point Arena, in a general or special election, approve the proposed amendment, unless such amendment is approved by the Coastal Commission pursuant to Section 30515 of the Coastal Act. [Ord. 179 § 5.32, 2001; Ord. ___ § 5.09, 2023.]

18.25.350 18.25.055 Accessory Dwelling Units and Junior Accessory Dwelling Units. (1) Purpose. This Article provides for the regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as required by Section 65852.2 and Section 65852.22 of the California Government Code, as amended. Section 65852.2 and Section 65852.22 establish specific requirements for the regulation of ADUs and JADUs with the goal of increasing statewide availability of smaller, more affordable housing units. In accordance with Section 65852.2, ADUs and JADUs are not considered new residential units for the purpose of calculating residential density. This Article is intended to protect coastal resources when regulating ADUs and JADUs, while also complying with the standards in Section 65852.2 and Section 65852.22 to the greatest extent feasible.
(2) Applicability. The provisions of this Article apply to all lots that are occupied with a legally established single‐family dwelling unit (or where a single-family dwelling is approved in conjunction with the ADU or JADU) and in zoning districts that allow an existing dwelling or single‐family dwelling as a principally permitted or conditionally permitted use. The provisions also apply in part to mixed‐use properties where multi‐family housing is legally established as required under Government Code Section 65852.2(e).
(3) Reporting. All owners of ADUs and JADUs established in accordance with this Chapter are required to report annually, or upon request by city, on whether each JADU and/or ADU is rented to a tenant qualifying as low-income or moderate income, or if the unit is occupied but not rented, or unoccupied.

Chapter 18.25 (10/24/23 draft)

(4) Permits Required. ADUs or JADUs may be permitted in any zone that allows residential uses as a permitted or conditional use. ADUs or JADUs may be permitted in accordance with one of the following determinations:
(a) Determined to be exempt from the requirement to obtain a coastal development permit pursuant to Section 18.30.110; or
(b) Determined to be excluded from the requirement to obtain a coastal development permit pursuant to Section 18.30.120; or
(c) Determined to require an administrative coastal development permit pursuant to Section

18.30.110.
(5) General Standards for all ADUs and JADUs.
(a) An ADU and/or JADU shall only be permitted on a parcel that contains an existing singleor multi-family dwelling, or for which an application for a proposed single- or multifamily dwelling has been approved. (b) A JADU may only be located within the walls of an existing single-family dwelling. (c) An ADU may be attached to an existing single- or multi-family dwelling or located in a detached, accessory structure.
(d) An existing accessory structure may be converted into an ADU consistent with the provisions of this Article.
(e) ADUs and JADUs may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence except when the primary dwelling and the ADU are built by a qualified non-profit corporation and the ADU will provide low-income housing in accordance with California Government Code Section 65852.26.
(f) ADUs and JADUs are intended to increase the supply of non-transient housing.

Restrictions regarding use of ADUs and/or JADUs as short-term rentals are as follows:
(i) ADUs and JADUs may be rented, but only with a rental agreement with terms greater than 30 days. ADUs and JADUs may not be used for short-term rentals. (ii) Prior to issuance of a building permit for an ADU or JADU, a deed restriction, approved by the city attorney, shall be recorded with the county recorder's office which shall identify the prohibitions on the use of an ADU or JADU for short-term rentals and all other pertinent restrictions. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. (6) Development standards for JADUs established within an existing or proposed residence. (a) A JADU may only be established when either the single-family residence in which the JADU is created or the JADU will be occupied by the owner of the residence. (b) No more than one JADU may be located on a parcel.

Chapter 18.25 (10/24/23 draft)

(c) A JADU must be contained entirely within the walls of an existing single-family dwelling, including attached garage, or within the walls of a proposed single-family dwelling. An expansion of not more than 150 square feet may be permitted if necessary to accommodate ingress and egress to the JADU.
(d) The total floor space of a JADU shall not exceed 500 square feet. (e) A JADU may be located within an existing single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal nonconforming structure unless the conversion increases the non-conformity of the structure. (f) A separate entrance to the JADU shall be provided.
(g) A JADU may share a bath with the single-family dwelling or have its own bath. (h) A JADU is required to include an efficiency kitchen which shall include a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to the size of the unit.
(i) For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.
(7) Development standards for ADUs.
(a) No more than one ADU may be located on a property except on properties with zoning classifications that allow multi-family uses and which have existing or proposed multifamily dwellings. On such properties, multiple ADUs up to 25 percent of the existing multi-family dwelling units may be allowed within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If the ADUs are detached from the multi-family dwelling, a maximum of two detached ADUs may be permitted. (b) ADUs shall conform to height, setback and other zoning requirements generally applicable to residential construction within the zone in which the ADU is located except that:
(i) an existing, legally-authorized accessory structure which does not meet setback requirements may be converted to an ADU or reconstructed to the same dimensions and converted to an ADU, and
(ii) a setback of four (4) feet from the rear and side property lot lines is the maximum that shall be required for an ADU, unless a greater setback distance is required in order to meet fire and safety requirements, and
(iii) an ADU of up to 800 square feet in floor area and 18 feet in height shall not be precluded if it cannot meet front setback, lot coverage and other zoning requirements.
(c) The floor area of a detached ADU may not exceed 1,200 square feet.

Chapter 18.25 (10/24/23 draft)

(d) The floor area of an attached ADU may not exceed 1,200 square feet or 50 percent of the floor area of the existing or proposed single-family dwelling, whichever is less. However, in no instance shall the floor area of an attached ADU that provides more than one bedroom be restricted to less than 1,000 square feet nor shall the floor area of an attached ADU that provides one bedroom or less be restricted to less than 850 square feet.
(8) Parking requirements for ADUs and JADUs.
(a) No parking is required for a JADU or for an ADU that is part of the proposed or existing primary residence or an accessory structure or where the ADU is located within one-half mile walking distance of public transit.
(b) No more than one parking space shall be required for an ADU, regardless of the number of bedrooms.
(c) Tandem parking shall be permitted.
(d) When a garage, carport or covered parking structure is either converted to an ADU or demolished in conjunction with construction of an ADU, replacement of those off-street parking spaces for the primary unit shall not be required. (9) Coastal Resource Protections for ADUs and JADUs.
(a) ADUs and JADUs may not be located within 100 feet of the boundary of an Environmentally Sensitive Habitat Area (ESHA) unless contained entirely within a legally authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU (well, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) must also be located more than 100 feet from the boundary of an Environmentally Sensitive Habitat Area. An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the development is consistent with the standards established in Chapter 18.25.220, 18.25.230 and 18.25.240.
(b) ADUs and JADUs may not be located within 125 feet of the edge of a coastal bluff unless contained entirely within a legally-authorized existing or approved residential structure that will not be repaired or improved to the extent that it constitutes a replacement structure under section 13252 of Title 14, California Administrative Code. All new development associated with an ADU or JADU must also be located more than 125 feet from the edge of a coastal bluff. An exception to these requirements may be authorized through the administrative coastal development permit process where the development is consistent with the standards established in Section 18.25.210. (c) ADUs that are visible from a public viewpoint to and/or along the coast shall be of a similar architectural style, building materials and colors as the primary residence on the property.

Chapter 18.25 (10/24/23 draft)

(d) An ADU that requires excavation of more than 50 cubic yards of material, shall require an administrative coastal development permit process in order to determine consistency with standards established in Sections 18.25.200 and 18.25.340. (e) The following standards are established for the protection of agricultural resources on parcels zoned Agriculture Exclusive ("AE"):
(i) A detached ADU may only be permitted if it is located within 500 feet of the existing or proposed primary dwelling. An ADU established within an accessory structure existing as of the effective date of the ordinance establishing these requirements is exempt from this requirement.
(ii) Development associated with (wells, water storage, septic improvements, parking and driveways, vegetation removal for fire safety, etc.) shall not encroach beyond the existing residential development footprint onto lands suitable for agriculture. (iii) An exception to these requirements may be authorized through the administrative coastal development permit process in circumstances where the applicant can demonstrate that the ADU will not impact the long-term productivity of the agricultural land.
(f) An ADU may not interfere with any public right of access to and/or along the coast, or public trails.
(g) An ADU may not be permitted in an area mapped as a "natural hazards" area on the LCP Opportunities & Constraints Map unless a report, prepared by a licensed engineer can demonstrate that the proposed development is consistent with the standards established in Sections 18.25.200 and 18.25.210.
(h) An ADU may not be permitted on a property with known archaeological resources unless an administrative coastal development permit is applied for and received and where reasonable mitigation measures shall be employed to protect archaeological resources. (10) Water and Sewer/Septic Availability for ADUs and JADUs (a) No additional studies are required for development of a JADU and/or ADU that is connected to the City of Point Arena wastewater system and the Point Arena Water Works water system.
(b) For properties not connected to the City of Point Arena wastewater system, JADUs that will result in the creation of an additional bedroom and all ADUs, the applicant must submit a percolation test from a licensed on-site wastewater disposal system designer (performed within 5 years, or for a re-certified test, within 10 years) demonstrating that the existing septic system has sufficient capacity to handle the increased demand. If septic system improvements are needed, such improvements shall be subject to all requirements of this Article.
(c) Prior to approval of an ADU that relies on an on-site well, the applicant must submit documentation from a licensed well driller documenting sufficient water production and/or storage to meet the demands of the ADU consistent with the requirements of the Chapter 18.25 (10/24/23 draft)

Mendocino County Department of Environmental Health. If a new well and/or water storage facility are needed, such improvements shall be subject to all requirements of this Article.
(11) Protection of Historic Resources. Improvements associated with ADUs and JADUs located on historic properties as defined in Section 18.25.060 must be designed to complement the architectural design of the historic structure(s) on the property. Exterior materials and colors shall be selected for compatibility with the natural- and man-made setting. [Ord. 240 § 7, 2023; Ord. ___ § 5.10, 2023.]

18.25.060 Residential Density Bonus
(1) Purpose. Sections 65915 through 65918 of the California Government Code, known as State Density Bonus Law, requires a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. This Article provides for regulations that implement State Density Bonus Law to provide additional opportunities for the provision of affordable housing within the City of Point Arena in a manner consistent with the policies of Point Arena’s Local Coastal Program and is most protective of coastal resources and public access. (2) Definitions.
(a) The definitions contained in State density bonus law, Sections 65915 through 65918 of the California Government Code, definitions shall apply to the terms contained in this Article.
(b) The provisions of State density bonus law, Sections 65915 through 65918 of California Government Code, for density bonus eligibility, bonus percentages, calculation, incentives, and waivers shall apply.
(3) Applicability. A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide very low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed-use project.

The granting of a density bonus, incentive or concession, pursuant to this Article, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

Chapter 18.25 (10/24/23 draft)

(4) Application Requirements. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.
(a) The density bonus report shall include the following minimum information:
i) Requested Density Bonus.

A) Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

B) A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

C) The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

D) A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known.

If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

E) Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or lower-income households in the five-year period preceding the date of submittal of the application.

F) If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.
ii) Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

A) The City's usual development standard and the requested development Chapter 18.25 (10/24/23 draft)

standard or regulatory incentive.

B) Reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

C) Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

D) If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents
iii) Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

A) The City's usual development standard and the requested development standard.

B) Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915. iv) Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
v) Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.
vi) Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.
vii) Commercial Development Bonus. If a commercial development bonus is Chapter 18.25 (10/24/23 draft)

requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 12 of this Article, and reasonable documentation that each of the standards included in Section 12 of this Article has been met.
viii)Fee. Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law.
(6) Density Bonus. All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project. (a) If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development as defined in Appendix A and State Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.
(b) The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.
(c) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
(7) Incentives.
(a) Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. (b) Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives. (8) Local Coastal Program Consistency.
(a) State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal.

Public Resources Code § 30000 et seq.), and further provides that the granting of a Chapter 18.25 (10/24/23 draft)

density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.
(b) Development within the coastal zone that is granted a density bonus, incentive(s), waiver(s), parking reduction(s), or commercial development bonus shall be consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Point Arena Local Coastal Program. (9) Review Procedures.
(a) All requests for density bonuses, incentives, parking reductions, waivers or commercial development bonuses shall be considered and acted upon by the City Council within the timelines prescribed by California Government Code Section 65950 et seq. Approval of such requests shall be based on the following findings, as applicable, and shall be consistent with Section 65589.5 of the California Government Code. i) The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915, subdivision (c)(3).
ii) Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).
iii) The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915. iv) The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p). v) If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met.
vi) If the density bonus or incentive is based all or in part on the inclusion of a childcare facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.
vii) If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met. viii) The development is consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Point Arena Local Coastal Program.

Chapter 18.25 (10/24/23 draft)

(b) If a commercial development bonus is requested for a commercial development, the decision­making body shall make a finding that the development complies with all of the requirements of Section 12(c) of this Article, that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer. If the project is in the coastal zone, the decision-making body shall also find that the commercial development is consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Point Arena Local Coastal Program. (c) The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
i) The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053; or
ii) The proposed incentive would be inconsistent with the Point Arena certified Local Coastal Program, or contrary to state or federal law; or iii) The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. (d) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
i) The proposed waiver would be inconsistent with the Point Arena certified Local Coastal Program, or contrary to state or federal law; or ii) The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
iii) The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

Chapter 18.25 (10/24/23 draft)

(e) If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this Article, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to Section 10 of this Article.
(10) Affordable Housing Agreement and Senior Housing Agreement. (a) Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking reduction or commercial development bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this Article are satisfied. i) The applicant shall enter into an affordable housing agreement meeting the requirements California Government Code Section 65915, subdivision (c)(1) for all of the very low and low-income rental units that qualified the applicant for the award of the density bonus. The affordable housing agreement shall guarantee the affordability of the very low and low-income rental units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. ii) The applicant shall enter into an affordable housing agreement meeting the requirements California Government Code Section 65915, subdivision (c)(2) for the for-sale unit(s) that qualified the applicant for a density bonus, incentive, parking reduction, or waiver.
(b) Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.
(c) The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest. (d) The affordable housing agreement shall include, but not be limited to, the following:
i) The number of density bonus dwelling units granted;
ii) The number and type of affordable dwelling units
iii) The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
iv) The proposed location of the affordable dwelling units; v) The schedule for production of affordable dwelling units; Chapter 18.25 (10/24/23 draft)

vi) The phasing of the affordable units in relation to the market-rate units; vii) Incentives or concessions or waivers provided by the city; viii) Where applicable, tenure and conditions governing the initial sale of the affordable units;
ix) Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units
x) Marketing plan; publication and notification of availability of affordable units; xi) Compliance with federal and state laws;
xii) Prohibition against discrimination;
xiii) Indemnification;
xiv) City's right to inspect units and documents;
xv) Remedies.
(11) Design and Quality.
(a) Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.
(b) The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.
(12) Interpretation.

If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.

18.25.065 Emergency Shelters and Low Barrier Navigation Centers (1) Purpose. This Article provides for the regulation of emergency shelters and low barrier navigation centers in accordance with Section 65583, and Sections 65660 through 65666 of the California Government Code.
(2) Applicability.
(a) Emergency shelters shall be principally permitted in the Highway Commercial (HWC) Zone subject to the General Provisions and Standards identified in section

18.25.070(3)(a) and be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses.

Chapter 18.25 (10/24/23 draft)

(b) Emergency shelters in the Core Commercial (C) zone shall be conditionally permitted and must demonstrate that the proposed emergency shelter will comply with the development standards of the Core Commercial zone; will be located, developed, and operated in compliance with the General Provisions and Standards identified in section

18.25.070(3)(a); and be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses. (c) Low barrier navigation centers shall be principally permitted in Core Commercial (C) Zone and Highway Commercial (HWC) Zone, and subject to the General Provisions and Standards specified in section 18.25.070(3)(b) and be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses. These provisions are intended to implement Sections 65660 – 65668 of the California Government Code.
(3) General Provisions and Standards.
(a) Emergency shelters. In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. i) Physical Characteristics.

A) The facility shall have on-site security for residents, visitors, and employees during all hours when the shelter is in operation.

B) Facilities shall provide exterior lighting for pedestrian pathways and parking lot areas on the property. Lighting shall be stationary, and directed away from adjacent properties and public rights-of -way.

C) Facilities shall provide secure areas for personal property. ii) Limited Terms of Stay. The maximum term of stay at an emergency shelter is six (6) months.
iii) No individual or household shall be denied emergency shelter because of an inability to pay.
iv) Parking. The emergency shelter shall provide on-site parking at a rate of at least one (1) space per employee.
v) Emergency Shelter Management. The agency or organization operating the emergency shelter shall provide on-site management during all hours when the shelter is in operation.

Chapter 18.25 (10/24/23 draft)

(b) Low Barrier Navigation Centers. In addition to the development standards in the underlying zoning district, low barrier navigation centers shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. i) Allowed zones. Low barrier navigation centers shall be allowed as a principally permitted use in Core Commercial (C) and Highway Commercial (HWC) zones provided they meet the requirements of subdivisions (ii) and (iii) of this section, and are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses.
ii) For purposes of this section of Section 18.25.120, the following definitions shall apply:

A) “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

B) “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2. Pets;

3. The storage of possessions; or

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

C) “Low barrier navigation center” means a Housing First, low barrier, serviceenriched 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.
iii) A low barrier navigation center shall meet the following requirements:

A) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B) It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

Chapter 18.25 (10/24/23 draft)

C) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
iv) Application procedures.

A) An application shall be submitted to the Planning Department.

B) The city shall act within sixty days of receipt of a completed application.

18.25.070 Employee Housing, Including Farmworker Housing (1) Purpose. This Article provides for the regulation of employee housing including farmworker housing as required by Section 17021.6 of the California Health and Safety Code, as amended, and to establish standards to ensure that farmworker housing is developed consistent with the Point Arena Local Coastal Plan and the Coastal Act. (2) Applicability.
(a) Employee housing, including farmworker housing, providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b) shall be deemed a single-family dwelling and is allowed in residential zones. Employee housing for six or fewer employees is subject to all municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.
(b) Employee housing, including farmworker housing for seven or more employees is a permitted accessory use in conjunction with an permitted agricultural use in zones where agriculture uses are allowed, i.e., Suburban Residential–One Acre (SR 1), Suburban Residential–One-half Acre (SR 1/2), Agricultural Exclusive (AE), and Residential Agriculture (RA-2) provided that the employee housing is sited and designed to avoid adverse impacts to coastal resources, including conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses, and all of the requirements of section (3) of this Article are met.
(3) Employee Housing for Seven or More Employees: General Provisions and Standards (a) The lot is wholly in a zoning district where commercial agricultural uses are principally permitted, i.e., Suburban Residential–One Acre (SR 1), Suburban Residential–One-half Acre (SR 1/2), Agricultural Exclusive (AE), and Residential Agriculture (RA-2) zones. (b) The employee housing will be sited on a lot where an active bona fide commercial agricultural use is in operation. Prior to the submittal of the permit application for employee housing, the property owner shall provide appropriate evidence to the satisfaction of the City Manager, or their designee, of an active bona fide commercial agricultural operation. An equestrian-related use is not considered evidence of Chapter 18.25 (10/24/23 draft)

commercial agriculture for farmworker housing.
(c) The number of living units or beds is reasonably related to the number of farmworkers required for agricultural operations on the lot on which employee housing is located, however, should not consist of more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household.
(d) The employee housing shall be occupied only by employees, and members of the employee’s household. At least member of the household shall be engaged in agricultural labor on the site on at least a part time basis. Employee housing shall not be otherwise occupied or rented.
(e) The property owner shall obtain all permits and/or approvals from the City of Point Arena, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. Employee housing, including farmworker housing, shall also require a coastal development permit pursuant to the provisions of Article 6 of this Ordinance.
(f) Employee housing shall be sited and designed to meet all of the following:
i) Avoid prime soils and non-prime land suitable for commercial agricultural to the maximum extent feasible; and
ii) Maintain the long-term viability of agricultural resources and operations on the property and adjacent agricultural lands; and
iii) Located as close to existing roads as feasible; and iv) Employee housing shall be clustered with existing development to the maximum extent feasible and minimize grading, landform alteration, and the need for construction of new roads.
(g) In addition to the meeting the siting and design standards of section (3)(f) of this Article, employee housing shall meet the applicable policies and provisions of the LCP, including the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, farmworker housing shall be located not less than seventy-five feet from barns, pens, or other structures that house livestock or poultry, and not less than fifty feet from any other agricultural and non-agricultural use. (h) At least one parking space per unit or one space per three beds, whichever is more, shall be provided.
(i) Farmworker housing shall be removed from the property or converted to another permitted use that is approved through a CDP within 90 days of termination of the property’s use from agricultural production.
(j) Within thirty days after approval from the City of Point Arena for farmworker housing, the applicant shall record in the office of the Mendocino County Clerk-Recorder a covenant running with the land for the benefit of the City of Point Arena, declaring that the farmworker housing will continuously be maintained as such in accordance with the LCP and that:

Chapter 18.25 (10/24/23 draft)

(i) The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder;
(ii) The improvements required by the City of Point Arena related to farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant; and
(iii) The applicant will submit the annual verification form as required by section

18.25.130(k) to the City Manager or their designee.
(k) Farmworker housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the California Code of Regulations, Title 25, Division 1, Chapter 1, Sections 600 through 940, prior to occupancy of the housing units.

A copy of the HCD permit shall be provided to the City Manager, or their designee, within fourteen (14) days of issuance or at the time of building permit application submittal, whichever is earlier.
(l) On an annual basis, the property owner must file a verification form with the City Manager or their designee stating that the commercial agricultural operation is still taking place on the property and that the tenants are employed as farm employees and thereby renew the agricultural certificate for the farm employee housing. Failure to file the verification form will be interpreted as indicating the commercial agriculture has ceased operation and may be the basis for building permit revocation. (i) The verification form shall be submitted annually by May 15th of each year to the City Manager, or their designee, in a form acceptable to the City Manager, that all the dwelling units or sleeping quarters are being rented to and occupied by persons who meet the definition of an farmworker established in Section _____.

18.25.075 Group Homes
(1) Purpose.
(a) This Article provides for the regulation of group homes. A group home operated by a single operator or service provider (whether licensed or unlicensed) can include residential care facilities, supportive housing, transitional housing and other similar communal housing facilities but does not include boardinghouses. (b) A group home that does not require state licensing or does require state licensing but serves six (6) 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. The City shall apply the same general building, fire and other health and safety codes, including occupancy limits, that apply to other residences, subject to State health and safety code provisions specific to certain types of licensed residential facilities, such as those serving persons with limited mobility.

Chapter 18.25 (10/24/23 draft)

(2) Applicability.
(a) A group home providing services to seven (7) or more persons and requiring State license shall be principally permitted in the Multifamily Residential (MR) zone when it complies with the development standards of the MR zone, are located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards.
(b) A group home providing services to seven (7) or more persons and requiring State license may be permitted subject to a conditional use permit in the Suburban Residential–One Acre (SR 1), Suburban Residential–One-half Acre (SR 1/2), Residential Agriculture (RA-2), Urban Residential (UR), Core Commercial (C), and Highway Commercial (HWC) zones.
(i) A group home must demonstrate the proposed group home will comply with the development standards of the zone, will be located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards.
(3) General Provisions and Standards.
(a) The City shall apply the same general building, fire and other health and safety codes, including occupancy limits, that apply to other residences, subject to State health and safety code provisions specific to certain types of licensed residential facilities, such as those serving persons with limited mobility.
(b) Group homes providing services to seven (7) or more persons and requiring State license. In addition to the development standards in the underlying zoning district, group homes shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(i) Facilities shall comply with all the rules, regulations and standards required by the State Department of Social Services.
(ii) Facilities shall comply with applicable California and local Uniform Housing Code and Building Code, and California Fire Code requirements in effect at the time of the building permit application. Facility occupancy shall meet current California Code of Regulations (Title 24) for occupancy, as defined.

Chapter 18.25 (10/24/23 draft)

(iii) Facilities shall provide exterior lighting for pedestrian pathways and parking lot areas on the property. Lighting shall be stationary and directed away from adjacent properties and public rights-of -way.
(iv) Parking. The group home shall provide on-site parking at a rate of at least one (1) space per two and one-half beds.
(v) Additional requirements and restrictions may be imposed as determined necessary by the decision-making authority to ensure facilities meet the findings stated in Article xxx. However, in no case shall these requirements and restrictions be contrary to the City of Point Arena’s duty to support housing for persons with disabilities and provide reasonable accommodation. Nor shall these requirements and restrictions discriminate on the basis of disability or other protected characteristics.

18.25.080 Single Room Occupancy Housing (SRO)
(1) Purpose. This Article provides for the regulation of single room occupancy (SRO) housing facilities except SRO housing facilities meeting the State definitions for transitional housing or supportive housing, then such SRO housing facilities shall be regulated as transitional housing or supportive housing, as applicable, and shall not be subject to this Article.

SRO housing facilities are intended to provide housing opportunities for lower-income one- or two person households who cannot typically afford apartments. SRO housing units are rented out as a permanent residence and/or primary residence to individuals, within a multi-tenant building where tenants may share a kitchen, toilets or bathrooms. Some SRO units may have a small refrigerator, microwave and sink. SROs are a form of affordable housing, in some cases for formerly or otherwise homeless individuals.
(2) Applicability.
(a) SRO housing facilities shall be principally permitted in the Multifamily Residential (MR) zone when they comply with the development standards of the MR zone, are located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses. (b) SRO housing facilities in the Core Commercial (C) and Highway Commercial (HWC) zones shall be conditionally permitted and must demonstrate the proposed SRO housing facility will comply with the development standards of Core Commercial zone, will be located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses.

Chapter 18.25 (10/24/23 draft)

(3) General Provisions and Standards. A Single Room Occupancy (SRO) housing facility shall be located, developed, and operated in compliance with the following standards and requirements, and shall be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards:
(a) Except for a manager’s unit, SRO units shall be provided at rents affordable to individuals and households with lower incomes as defined by the California Department of Housing and Community Development’s State income limits for Mendocino County. (b) No transient occupancy of SRO units shall be allowed. Tenancy of SRO units shall be for 30 or more days. SRO unit tenants shall not have an additional residential address other than the address of the SRO housing facility in which the unit is located. (c) Maximum Occupancy. Each SRO unit shall be designed to accommodate a maximum of 2 persons. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.
(d) Minimum Size. An SRO unit must have at least 150 square feet of floor area for single person occupancy and 220 square feet for two (2) person occupancy. No individual unit may exceed 375 square feet.
(e) Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.
(f) Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
(g) Kitchen. An SRO unit is not required to, but may, contain food preparation facilities. (h) Common Area. Four (4) square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.
(i) Facility Management. The agency, organization, or entity operating the SRO housing facility shall provide full-time on-site management. The facility shall include a manager’s office or a manager’s unit.
(j) Parking. 1 space for every two SRO units, plus 1 space for the management unit or office and 1 space for each employee, if any, on maximum shift. (k) Common laundry facilities for tenant use shall be provided. (i) For a SRO housing facility consisting of 10 or fewer SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer, Chapter 18.25 (10/24/23 draft)

in addition to a laundry sink and folding area.
(ii) For SRO housing facility consisting of greater than 10 SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof. (iii) The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.
(l) Storage for tenants. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

18.25.085 Supportive Housing Developments
(1) Purpose. This Article provides for the regulation of supportive housing developments as required by Sections 65650 through 65656 of the California Government Code, as amended.

Section 65651 prescribes that qualifying supportive housing developments shall be a by right use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses when specific requirements are met, and when consistent with the Point Arena Local Coastal Plan and the Coastal Act. Government Code Sections 65651 through 65656 establish specific requirements for the regulation of supportive housing developments.

This Article is intended to protect coastal resources when regulating supportive housing developments, while also complying with the standards in Sections 65650 through 65656 of the California Government Code to the greatest extent feasible. (2) Applicability. The provisions of this Article apply to all lots in zones that permit multifamily and mixed uses, including nonresidential zones that permit multifamily uses, that is the Multifamily Residential (MR) Zone, Core Commercial (C) Zone, and Highway Commercial (HWC) Zone. Supportive Housing Developments shall comply with objective development standards and policies that apply to other multifamily development within the same zone and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, coastal hazards, and priority land uses. (3) General Provisions. A supportive housing development developed pursuant to Government Code 65650 et seq., consisting of fifty (50) units or less, that meets all of the following requirements and is sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards, is principally permitted in the MR, C, and HWC zones, provided:
(a) Units within the development are subject to a recorded affordability restriction for fifty- Chapter 18.25 (10/24/23 draft)

five (55) years.
(b) Affordability. One hundred percent (100%) of the units, excluding managers’ units, within the development must be restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in Section 50079.5 of the California Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
(c) Supportive Housing Units. At least 25 percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than 12 units, one hundred percent (100%) of those units, excluding managers’ units, must be restricted to residents in supportive housing.
(d) Services Plan. The applicant shall submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project as required by Section 65651, and describing those services, which must include all of the following:
i) The name of the proposed entity or entities that will provide supportive services. ii) The proposed funding source or sources for the provided onsite supportive services. iii) Proposed staffing levels.
(e) Replacement Dwelling Units. The supportive housing development shall replace rental dwelling units in the manner provided in Section 65915 of the California Government Code.
(f) Facilities. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(g) Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services. For a development with more than 21 units, at least three percent (3%) of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. (h) Parking. A supportive housing development that is located within one-half mile walking distance of a public transit stop shall not require parking for units within the supportive housing development that are designated for supportive housing residents. (i) Any other requirements of Government Code section 65650 et seq. regarding supportive housing, as may be amended.

Chapter 18.25 (10/24/23 draft)

(4) Review Procedures.
(a) The City shall approve a supportive housing development that complies with the applicable requirements of this Article, and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards.
(b) The City shall only require the supportive housing development to comply with the objective development standards and policies that apply to other multifamily development within the same zone, and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards.
(c) The City shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Article.

The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.
(d) The City’s review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this Article shall be conducted consistent with the requirements of subdivision (f) of Section 65589.5 of the California Government Code, and shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) Any discretion exercised by the City in determining whether a project qualifies as a use by right pursuant to this Article or discretion otherwise exercised pursuant to this section does not affect that City's determination that a supportive housing development qualifies as a use by right pursuant to this Article.

Chapter 18.30 (10/24/23)

Chapter 18.30 ENVIRONMENTAL AND HISTORIC RESOURCES PROTECTION

18.25.130 18.30.010 Diking, dredging and filling.

The following regulations shall apply to any dredging, diking, damming, channelization, filling or similar activity in any wetland, open coastal waters estuary, or area less than 20 feet above the mean low water or within the 100-year floodplain of any perennial stream in the city:

Before any dam, dike, fill, dredging, diversion, channelization or similar activity is constructed or undertaken within the city, the applicant or lead agency shall provide the city with a project description, wetland delineation, environmental analysis and evaluation of the potential impacts of the project on the character and function of the affected environment, the social and economic character and function of the city and its residents. Wetland delineations shall be conducted according to the definitions of wetland boundaries contained in Section 13577(b) of Title 14 the California Code of Regulation. A preponderance of hydric soils or a preponderance of wetland indicator species will be considered presumptive evidence of wetland conditions.

The delineation report will include at a minimum: (1) a map at a scale of 1″:200′ or larger with polygons delineating all wetland areas, polygons delineating all areas of vegetation with a preponderance of wetland indicator species, and the location of sampling points; and (2) a description of the surface indicators used for delineating the wetland polygons. Paired sample points will be placed inside and outside of vegetation polygons and wetland polygons identified by the consultant doing the delineation.

Such uses shall be subject to a coastal development permit. The permit shall not be granted unless the planning commission determines that the project conforms with the general plan, zoning ordinance, and local coastal program, and will not create undesired impacts on the environment or the community. Additionally, such projects within or adjacent to wetlands, open coastal waters, estuaries, or within the riparian corridor shown on the zoning map and the opportunities and constraints maps, or such projects located adjacent to or within other environmentally sensitive habitat areas shall be subject to the requirements and restrictions contained in Sections 18.25.220 through 18.25.240. The requirements of the California Environmental Quality Act (CEQA) must be met. [Ord. 179 § 5.13, 2001; Ord. ___ § 6.01, 2023.]

18.25.200 18.30.015 Determination of geologic stability.

The following applies to developments in all zones:

A report by a registered geologist or a certified engineering geologist shall be provided at the applicant’s expense as part of an application for earth moving, permanent structure, septic disposal system, driveway, parking area, or other development permitted within the unstable soils as mapped on the “natural hazards” section of the opportunities and constraints map, and can be identified as Santa Lucia soils which occupy slopes of nine percent to 75 percent, properties located on or adjacent to coastal bluffs, and areas within 100 feet of the Hathaway Creek Fault shown on the opportunities and constraints map or within 100 feet of other faults.

Before the development is approved, the approving authority shall determine that the proposed development will minimize risks to life and property and will not create or Chapter 18.30 (10/24/23)

significantly increase erosion and slope instability or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs, and that any potential adverse impacts have been mitigated to the maximum extent feasible.
(1) The report shall be based on an on-site inspection in addition to a review of the general character of the area using a currently acceptable engineering stability analysis method and according to the procedures outlined in Section 18.25.210, where applicable. The report shall take into consideration all potential impacts, including, but not limited to, impacts from construction activities such as grading, drainage (from septic leach fields, on-site water use, increased runoff from impervious surfaces), roadways, and vegetation disturbance. (2) The report shall contain a professional opinion stating the following:
(a) The area covered in the report is sufficient to demonstrate the geotechnical hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the site; (b) The extent of potential damage that might be incurred by the development during all foreseeable normal and unusual conditions, including, but not limited to, ground saturation and shaking caused by the maximum credible earthquake, landslides, and tsunamis;
(c) The effect the project could have on the stability of any bluff, including, but not limited to, the introduction of subsurface effluent discharges from proposed septic systems; (d) How the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability through the economic lifespan of the project (a 100-year economic lifespan shall be used for new single-family residences); (e) A description of the degree of uncertainty of analytical results due to assumptions and unknowns;
(f) Recommended bluff setbacks, if applicable as determined by the procedures outlined in Section 18.25.210. The development must conform to the recommended setbacks. No variance permit may be issued to grant exception to the minimum setback requirement; (g) Recommended mitigation measures and design criteria to avoid or minimize geologic instability, during and after construction of the project; (h) Foundation design requirements;
(i) The need for a shoreline protection structure over the life of the project; (j) Alternatives for protection of the septic system;
(k) The FEMA base flood elevation and other mapped areas (A, B, or V zones); (l) The effect of future sea level rise on the development; (m) Slope stability and bluff erosion rate determination performed as outlined in Section 18.25.210.

Chapter 18.30 (10/24/23)

(3) In general, the zoning ordinance intends that structures shall be built in the most stable areas of a parcel. The entire footprint of a structure, including decks, shall be to the landward side of the setback lines. [Ord. 179 § 5.20, 2001; Ord. ___ § 6.02, 2023.]

18.25.210 18.30.020 Coastal bluff retreat/erosion setback guidelines.

All new development located on a bluff top shall be set back from the bluff edge a sufficient distance to ensure that it will not be endangered by erosion or threatened by slope instability for a projected 100-year economic life of the structure. This requirement shall apply to the principle principal structure and accessory or ancillary structures such as guesthouses, pools, tennis courts, cabanas, and septic systems, etc.

Ancillary structures such as decks, patios and walkways that do not require structural foundations may extend into the setback area but in no case shall be sited closer than 15 feet from the bluff edge. Ancillary structures shall be removed or relocated landward when threatened by erosion. Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. Generally, one of two conditions will exist:
(1) If the bluff exhibits a factor of safety of less than 1.5 for either gross or surficial landsliding, then the location on the bluff top at which a 1.5 factor of safety exists shall be determined.

Development shall be set back a minimum distance equal to the distance from the bluff edge to the 1.5 factor-of-safety-line, plus the distance that the bluff might reasonably be expected to erode over 100 years. These determinations, to be made by a state-licensed certified engineer geologist, registered civil engineer, or geotechnical engineer, shall be based on a site-specific evaluation of the long-term bluff retreat rate at this site and shall include an allowance for possible acceleration of historic bluff retreat rates due to sea level rise. (2) If the bluff exhibits both a gross and surficial factor of safety against landsliding of greater than 1.5, then development shall be set back a minimum distance equal to the distance that the bluff might reasonably be expected to erode over 100 years plus a 10-foot buffer to ensure that foundation elements are not actually undermined at the end of this period. The determination of the distance that the bluff might be expected to erode over 100 years is to be made by a state-licensed certified engineering geologist, registered civil engineer or geotechnical engineer, and shall be based on a site-specific evaluation of the long-term bluff retreat rate at the site and shall include an allowance for possible acceleration of historic bluff retreat rates due to sea level rise.

For the purpose of this section, quantitative slope stability analyses shall be undertaken as follows:
(a) The analyses shall demonstrate a factor of safety greater than or equal to 1.5 for the static condition and greater than or equal to 1.1 for the seismic condition. Seismic analyses may be performed by the pseudostatic method, but in any case shall demonstrate a permanent displacement of less than 50 millimeters. (b) Slope stability analyses shall be undertaken through cross-sections modeling worst case geologic and slope gradient conditions. Analyses shall include postulated failure surfaces Chapter 18.30 (10/24/23)

such that both the overall stability of the slope and the stability of the surficial units is examined.
(c) The effects of earthquakes on slope stability (seismic stability) may be addressed through pseudostatic slope analyses assuming a horizontal seismic coefficient of 0.15g, and should be evaluated in conformance with the guidelines published by the American Society of Civil Engineers, Los Angeles Section (ASCE/SCEC), “Recommended Practices for Implementation of DMS Special Publication 117, Conditions for Analyzing and Mitigating Landslide Hazards in California.”
(d) All slope analyses shall be performed using shear strength parameters (friction angle and cohesion), and unit weights determined from relatively undisturbed samples collected at the site. The choice of shear strength parameters shall be supported by direct shear tests, triaxial shear test, or literature references. (e) All slope stability analyses shall be undertaken with water table or potentiometric surfaces for the highest potential ground water conditions. (f) If anisotropic conditions are assumed for any geologic unit, strike and dip of weakness planes shall be provided, and shear strength parameters for each orientation shall be supported by reference to pertinent direct shear tests, triaxial shear test, or literature. (g) When planes of weakness are oriented normal to the slope or dip into the slope, or when the strength of materials is considered homogenous, circular failure surfaces shall be sought through a search routine to analyze the factor of safety along postulated critical failure surfaces. In general, methods that satisfy both force and moment equilibrium (e.g., Spencer, Morgenstern-Price, and General Limit Equilibrium) are preferred. Methods based on moment equilibrium alone (e.g., Bishop’s Method) also are acceptable. In general, methods that solve only for force equilibrium (e.g., Janbu’s method) are discouraged due to their sensitivity to the ratio of normal to shear forces between slices.
(h) If anisotropic conditions are assumed for units containing critical failure surfaces determined above, and when planes of weakness are inclined at angles ranging from nearly parallel to the slope to dipping out of slope, factors of safety for translational failure surfaces shall also be calculated. The use of a block failure model shall be supported by geologic evidence for anisotropy in rock or soil strength. Shear strength parameters for such weak surfaces shall be supported through direct shear tests, triaxial shear test, or literature references.
(i) The selection of shear strength values is a critical component to the evaluation of slope stability. Reference should be made to American Society of Civil Engineers, Los Angeles Section (ASCE/SCEC), “Recommended Practices for Implementation of DMS Special Publication 117, Conditions for Analyzing and Mitigating Landslide Hazards in California,” when selecting shear strength parameters and the selection should be based on these guidelines.

Chapter 18.30 (10/24/23)

For the purpose of this section, the long-term average bluff retreat rate shall be determined by the examination of historic records, surveys, aerial photographs, published or unpublished studies, or other evidence that unequivocally show the location of the bluff edge, as defined in Chapter 18.10, through time. The long-term bluff retreat rate is an historic average that accounts both for periods of exceptionally high bluff retreat, such as during extreme storm events, and for long periods of relatively little or no bluff retreat. Accordingly, the time span used to calculate a site-specific long-term bluff retreat rate shall be as long as possible, but in no case less than 50 years. Further, the time interval examined shall include the strong El Niño winters of 1982-1983, and 1997-1998.
(3) Measures to remediate or stabilize landslides or unstable slopes that endanger existing structures or threaten public health shall be designed to be the least environmentally damaging alternative, to minimize landform alteration, and to be visually compatible with the surrounding natural environment to the maximum feasible extent. Maximum feasible mitigation measures shall be incorporated into the design and construction of slope stabilization projects to minimize adverse impacts to sensitive resources to the maximum feasible extent. (4) All recommendations of the consulting CEG or GE and/or the city staff shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans must be reviewed and approved for compliance with geologic recommendations by the consulting CEG or GE and the city staff. (5) New development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures that incorporate structural and nonstructural best management practices (BMPs) to control the volume, velocity and pollutant load of stormwater runoff in compliance with all water quality requirements contained in Section 18.25.330.
(6) Final plans approved by the consulting CEG or GE and the city staff shall be in substantial conformance with the plans approved by the final city decision making body relative to construction, grading, sewage disposal and drainage. Any substantial changes in the proposed development approved by the city which may be required by the project consultants or city staff shall require an amendment to the permit or a new coastal development permit. (7) Development on or near the shoreline or bluffs, including the construction of a shoreline protection device, shall include measures to insure that: no stockpiling of dirt or construction materials shall occur on the shoreline; all grading shall be properly covered and sandbags and/or ditches shall be used to prevent runoff and siltation; measures to control erosion shall be implemented at the end of each day’s work; no machinery shall be allowed in the intertidal zone at any time to the extent feasible; and all construction debris shall be removed from the beach.
(8) A special condition shall be attached to all coastal permits for development on ocean-front or blufftop lots, or where demolition and rebuilding is proposed, where geologic or engineering evaluations conclude that the development can be sited and designed not to require a shoreline protection structure as part of the proposed development at any time during the life Chapter 18.30 (10/24/23)

of the development, requiring the property owner to record a deed restriction against the property that states the following:
(a) The landowner understands that the site may be subject to extraordinary geologic and erosion hazard and the landowner assumes the risk from such hazards; (b) The landowner agrees that any adverse impacts to property caused by the permitted project shall be fully the responsibility of the applicant; (c) The landowner shall not propose or construct any bluff or shoreline protective devices to protect the subject residence, guest cottage, garage, septic system, or other development approved in the event that these structures are subject to damage, or other natural hazards in the future and expressly waives any future right to construct such structures that may exist pursuant to Public Resources Code Section 30235; (d) The landowner shall remove the development when bluff retreat reaches the point where the structure is threatened. In the event that portions of the house, garage, foundations, leach field, septic tank, or other improvements associated with the residence fall to the beach before they can be removed from the bluff top, the landowner shall remove all recoverable debris associated with these structures from the beach and ocean and lawfully dispose of the material in an approved disposal site. The landowner shall bear all costs associated with such removal. [Ord. 179 § 5.21, 2001; Ord. ___ § 6.03, 2023.]

18.25.220 18.30.025 Development in or adjacent to environmentally sensitive habitat areas (ESHA).

No new development shall be allowed within or adjacent to riparian corridors along Arena Creek, or other environmentally sensitive habitat areas (ESHA) where mapped (on the opportunities and constraints map: biological resources and trails) or other unmapped ESHAs that meet the ESHA criteria contained in LUP Chapter X Section 2.4 without first obtaining appropriate permits. New development includes, but is not limited to, vegetation removal, grading, filling, soils or refuse dumping, and the alteration of creek banks.

New development adjacent to ESHA shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion. The ESHA buffer zone is defined in Appendix A of this title. The purpose of this buffer area is to provide for a sufficient area to protect environmentally sensitive riparian habitats from significant degradation resulting from future development. Vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation may not be permitted within buffers. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect.

The buffer area shall be a minimum of 100 feet 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 the criteria below 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 Chapter 18.30 (10/24/23)

from possible significant degradation caused by the proposed development. No buffer area may be less than 50 feet in width.

Standards for determining an appropriate width of the buffer area are as follows. (1) Biological Significance of Adjacent Lands. Lands adjacent to a wetland, stream, or riparian habitat area vary in the degree to which they are functionally related to these habitat areas.

Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting).

Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the wetland, stream, or riparian habitat that is adjacent to the proposed development. (2) Sensitivity of Species to Disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with the Department of Fish and Game or others with similar expertise:
(a) Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species;
(b) An assessment of the short-term and long-term adaptability of various species to human disturbance;
(c) An assessment of the impact and activity levels of the proposed development on the resource.
(3) Susceptibility of Parcel to Erosion. The width of the buffer zone shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, and vegetative cover of the parcel and to what degree the development will change the potential for erosion. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development should be provided. (4) Use of Natural Topographic Features to Locate Development. Hills and bluffs adjacent to ESHAs shall be used, where feasible, to buffer habitat areas. Where otherwise permitted, development should be located on the sides of hills away from ESHAs. Similarly, bluff faces should not be developed, but shall be included in the buffer zone. (5) Use of Existing Cultural Features to Locate Buffer Zones. Cultural features (e.g., roads and dikes) shall be used, where feasible, to buffer habitat areas. Where feasible, development shall be located on the side of roads, dikes, irrigation canals, flood control channels, etc., away from the ESHA.

Chapter 18.30 (10/24/23)

(6) Lot Configuration and Location of Existing Development. Where an existing subdivision or other development is largely built-out and the buildings are a uniform distance from a habitat area, at least that same distance shall be required as a buffer zone for any new development permitted. However, if that distance is less than 100 feet, additional mitigation measures (e.g., planting of native vegetation) shall be provided to ensure additional protection. Where development is proposed in an area that is largely undeveloped, the widest and most protective buffer zone feasible shall be required.
(7) Type and Scale of Development Proposed. The type and scale of the proposed development will, to a large degree, determine the size of the buffer zone necessary to protect the ESHA. Such evaluations shall be made on a case-by-case basis depending upon the resources involved, the degree to which adjacent lands are already developed, and the type of development already existing in the area.

The buffer area shall be measured from the nearest outside edge of the ESHA. For a wetland the buffer shall be measured from the upland edge of the wetland. For riparian areas, the buffer shall be measured from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream. For coastal bluff ESHA, the buffer shall be measured from the bluff edge (as defined in Appendix A). For plant community ESHAs, the buffer shall be measured from the outer edge of the plants that comprise the plant community. For Point Arena mountain beaver ESHA, see Section 18.25.240 for development guidelines and buffer policies.

New subdivisions or boundary line adjustments shall not be allowed which will create or provide for new parcels entirely within a buffer area.

Pre-existing buildings and nonconforming uses within riparian buffer zones may continue as legally non-conforming, but no additions that encroach closer to the stream or creek within said corridor buffer zone shall be permitted, with the following exceptions contingent upon the four required findings described below:
(1a) Accessory structures located at the city’s wastewater reclamation facility situated entirely within the developed fenced area subject to a coastal development permit consistent with all other applicable provisions of the certified LCP. (2b) Required Findings.
(ai) The proposed development has been sited and designed to prevent significant impacts to the habitat values, functional capacity, and species diversity of the adjacent riparian habitat area; and
(bii) The proposed development is compatible with the continuance of such habitat areas;
(ciii) Soils and vegetation removal and disturbances shall be minimized; (div) Nonnative vegetation shall not be planted except for the continuance of existing agricultural practices.
[Ord. 179 § 5.22, 2001; Ord. ___ § 6.04, 2023.]
Chapter 18.30 (10/24/23)

18.25.230 18.30.030 Required wetland and environmentally sensitive habitat impact and mitigation review.

Applicants for coastal development permits shall submit with development applications specific information and data to ensure to the planning commission’s satisfaction that impacts to bluffs, wetlands, rivers, streams, and ponds, and riparian areas thereof, and to environmentally sensitive habitat areas, as a result of earth moving, tree removal, or any development, diking, dredging, filling, or excavation are identified and mitigation measures proposed, all in accordance with Section 18.25.270.

New development applications shall include an inventory of the plant and animal species and habitat present on the project site. Potential sensitive species to be included in the survey shall include, but are not limited to: Point Arena mountain beaver, northern closed cone coniferous forest, coast lily, north coast riparian scrub, northern coastal bluff scrub, northern coastal scrub, and coastal terrace prairie, Mendocino paint brush, coastal bluff morning glory, and habitat for Behren’s silverspot butterfly, or plants designated “1B” or “2” by the California Native Plant Society.

If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed biological study shall be required. A detailed biological analysis, prepared by a qualified biologist, of development plans affecting or likely to affect any ESHA shall be submitted to the city for its review and approval, that includes the following:
(1) A study identifying biological resources, both existing on the site and potential or expected resources; and
(2) Photographs of the site; and
(3) A discussion of the physical characteristics of the site, including, but not limited to, topography, soil types, microclimate, and migration corridors; and (4) A wetland delineation in full conformance with Section 18.25.130 if there are indications that wetlands may be present on the site; and
(5) A map depicting the location of biological resources; and (6) An identification of rare, threatened, or endangered species, that are designated or are candidates for listing under state or federal law, an identification of “fully protected” species and/or “species of special concern,” and an identification of any other species for which there is compelling evidence of rarity, for example, plants designated “1B” or “2” by the California Native Plant Society, that are present or expected on the project site; and (7) An analysis of the potential impacts of the proposed development on the identified habitat or species; and
(8) An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition; and Chapter 18.30 (10/24/23)

(9) Project alternatives designed to avoid and minimize impacts to sensitive resources; and (10) Mitigation measures that would minimize or mitigate residual impacts that cannot be avoided through project alternatives; and
(11) An analysis of buffer width based on the buffer width criteria of Section 18.25.220. [Ord. 179 § 5.23, 2001; Ord. ___ § 6.05, 2023.]

18.25.240 18.30.035 Point Arena mountain beaver and the mountain beaver buffer area.

The Point Arena mountain beaver (Aplodontia rufa nigra) was listed as an endangered species on December 12, 1991 (56 Federal Register 64716), under the Endangered Species Act. Section 9 of the Endangered Species Act prohibits the “take” of any federally listed species. As defined in the Act, take means “...to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” “Harm” has been further defined to include habitat destruction when it kills or injures a listed species by interfering with essential behavioral patterns, such as breeding, foraging or resting. Indirect adverse impacts, such as construction of buildings, roads or fences, that interrupt or prohibit the movement patterns of a listed species could be considered “take” under the Act. Take incidental to an otherwise lawful activity may be authorized under Section 7 of the Act if a federal agency is involved with the project.

If a federal agency is not involved with a project, and there is a possibility of a “take” as part of the project, then an “incidental take permit” pursuant to Section 10(a) of the Act would need to be obtained. The Fish and Wildlife Service may issue such a permit upon completion of a satisfactory habitat conservation plan for the listed species that would be affected by the project. If an incidental take permit is not obtained and an unauthorized take does occur, the responsible entity will be liable under the enforcement provisions of the Act.

Threats to the Point Arena mountain beaver that may result in a “take” include, but are not limited to: livestock grazing, road construction and maintenance, public access and recreational use (camping and hiking trails), rodent control, exotic plant expansion, housing developments, storm water run-off and irrigation, predation by feral and pet cats and dogs, withdrawal of crucial water supplies for residential use and agricultural use. The Fish and Wildlife Service believes that the mountain beaver may be particularly sensitive to disturbances in the form of noise and ground vibrations and that actions involving noise-generating activities, within 500 feet of occupied habitat, have the potential to harm the animals, especially during the breeding season of December 15th to June 15th.

To minimize and mitigate disturbance to Point Arena mountain beavers, noise-generating or habitat-modifying projects within the mountain beaver buffer area (MBBA) shall be surveyed.

The MBBA is designated on the Point Arena opportunities and constraints map as a 1,000 foot strip along Arena Creek, 500 feet from the centerline. Surveys shall be done by a qualified biologist and should cover all of the mountain beaver habitat from the perimeter of the project out to a distance of 500 feet. If mountain beaver sign (trails, burrows, digging, etc.) is detected within this radius, additional project mitigation or the development of a habitat conservation plan shall be required. Fences are prohibited within 15 feet of the center line of the creek to Chapter 18.30 (10/24/23)

allow for wildlife migration along the travel corridor, and disturbance of the streambed is prohibited.

The city shall periodically review the opportunities and constraints map and update the map to reflect current information on Point Arena mountain beaver habitat, and the MBBA adjusted accordingly. The map shall include a map note that states that: “The map may be updated as appropriate and may not include all areas that constitute Point Arena mountain beaver habitat.” Revisions to the map depicting Point Arena mountain beaver habitat shall be treated as LCP amendments and shall be subject to the approval of the Coastal Commission.

Any area mapped as MBBA shall not be deprived of protection as ESHA, as required by the policies and provisions of the LCP, on the basis that habitat has been illegally removed, degraded, or species that are rare or especially valuable because of their nature or role in an ecosystem have been eliminated.

Any area not designated as MBBA on the opportunities and constraints map that contains Point Arena mountain beaver habitat, is ESHA and shall be accorded all the protection provided for the MBBA in this section and all the relevant ESHA provisions in the LCP. Coastal scrub/riparian habitats, steep north-facing slopes, and protected gulches are considered viable habitat for PAMB, and all applications on properties containing these vegetation types shall be surveyed by a qualified biologist for PAMB habitat.

Mitigation for noise generating projects within 500 feet of occupied habitat shall include the following restrictions from December 15th through June 15th:
(1) The action and related activities shall be greater than 100 feet from occupied habitat; (2) Noise-generating activities shall be limited to the use of hand tools and light power-tools (e.g., axe, chainsaw, etc.);
(3) No tools shall be used that require an air compressor; (4) No power tools shall be operated while in direct contact with the ground. [Ord. 179 § 5.24, 2001; Ord. ___ § 6.06, 2023.]

18.25.340 18.30.040 Water quality.

All development shall be evaluated for potential adverse impacts to water quality, and the applicant shall incorporate site design, source control, and where required, treatment control best management practices (BMPs) to minimize polluted runoff and water quality impacts resulting from the development.

Site design and source control BMPs are required for all development. In addition, all proposed developments of special concern, as described in subsection (2), require the submittal of a water quality management plan (WQMP) that evaluates whether the development’s site design and source control measures have adequately minimized post-construction impacts to water quality, or whether structural treatment control BMPs are also necessary. (1) Application Requirements for All Developments. The following information shall be submitted with all applications for a coastal development permit:

Chapter 18.30 (10/24/23)

(a) A site plan specifying the distance from the proposed development to the nearest water body;
(b) Proposed methods for controlling erosion and sedimentation during construction:
(i) Controls to be implemented on the amount and timing of grading, (ii) Best management practices (BMPs) to be implemented for staging, storage, and disposal of excavated materials,
(iii) Design specifications for structural BMPs such as sedimentation basins, (iv) Revegetation or landscaping plans for graded or disturbed areas; (c) Proposed methods for controlling polluted runoff during construction:
(i) Methods to eliminate or reduce the discharge of other potential pollutants from construction materials (including paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff,
(ii) Best management practices (BMPs) to be implemented for staging, storage, and disposal of construction chemicals and materials,
(iii) Methods to treat or infiltrate stormwater prior to conveyance off-site during construction,
(iv) Methods to convey runoff from impervious surfaces into permeable areas of the property in a nonerosive manner;
(d) Proposed site design and source control best management practices (BMPs) to minimize post-construction polluted runoff and impacts to water quality:
(i) Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff,
(ii) Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff),
(iii) Potential flow paths where erosion may occur after construction, (iv) Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways),
(v) Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly-connected impervious areas, to increase infiltration of runoff,
(vi) Revegetation plans for disturbed portions of the site, (vii) Methods to address any other onsite and/or offsite impacts, and construction of any necessary improvements.
(2) Application Requirements for Developments of Special Concern. Certain categories of development have a greater potential for adverse coastal water quality impact, due to the development size, type of land use, or proximity to coastal waters. These developments of Chapter 18.30 (10/24/23)

special concern may require treatment control BMPs in addition to the site design and source control BMPs required for all developments.

A development in one or more of the following categories shall be considered a development of special concern:
(a) Housing development of 10 units or more;
(b) Hillside residential development on slopes greater than 20 percent (as indicated on the natural hazards section of the opportunities and constraints map); (c) Industrial development;
(d) Commercial development if such development creates more than 5,000 square feet of impervious surface area or increases the impervious surface area on the property by more than 10 percent;
(e) Retail gasoline outlet or automotive service facility; (f) Restaurant;
(g) Parking lot of 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces;
(h) Redevelopment project that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site; (i) Commercial or industrial outdoor storage area;
(j) Development within 200 feet of the Pacific Ocean, or of a stream or river (including Point Arena Creek and Hathaway Creek), or development that discharges directly to a surface water body (including wetlands, streams, or other coastal waters), if such development creates more than 2,500 square feet of impervious surface area or increases the impervious surface area on the property by more than 10 percent; (k) Development that discharges directly to the Pacific Ocean.

The applicant for a development of special concern shall be required to submit a postconstruction water quality management plan (WQMP) evaluating whether the development’s site design and source control measures would adequately minimize post-construction impacts to water quality, or whether structural treatment control BMPs are also necessary. The WQMP shall specify the treatment control BMPs to be implemented, and shall also include the operation and maintenance plans for these BMPs. The water quality management plan shall be certified by a California-registered civil engineer, and approved by the city.

The following information shall be included in a WQMP:
(a) Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality impacts;
(b) All of the information required in subsection (1) for the site design and source control plan;
(c) Pre-development peak runoff rate and average runoff volume from the site; Chapter 18.30 (10/24/23)

(d) Expected post-development peak runoff rate and average runoff volume from the site, with all proposed nonstructural and structural BMPs in place; (e) Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the parcel, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells; (f) A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flow-based BMPs;
(g) Appropriate structural treatment control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process;
(h) A long-term plan and schedule for the monitoring and maintenance of all structural treatment control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
(3) The selection of appropriate BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development.

Additional guidance on BMPs is available from the state, the U.S. EPA, and from other sources such as the Bay Area Stormwater Management Agencies Association (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection.” Stormwater technologies are continually improving, thus staff and developers should be responsive to any improvements or innovations in control technologies. [Ord. 179 § 5.34, 2001; Ord. ___ § 6.07, 2023.]

18.25.100 18.30.045 Public access to the shoreline.
(1) Definitions.
(a) Development. “Development” means, on land, in or under water, the placement or erection of a solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; change in 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 Chapter 18.30 (10/24/23)

with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water; or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private or 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).

As used in this section structure includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
(b) New Development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, “new development” includes “development” as defined above except for the following:
(i) Structures Destroyed by Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, is sited in the same location on the affected property as the destroyed structure and does not extend the replacement structure seaward on a sandy beach or beach fronting bluff lot. As used in this section, “disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners. (ii) Demolition and Reconstruction. The demolition and reconstruction of a 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, that the reconstructed residence shall be sited in the same location on the affected property as the former structure, that the reconstructed residence does not block or impede public access, that the reconstructed residence does not extend seaward of the demolished residence on a sandy beach or beach fronting bluff lot and that the reconstructed residence does not include or necessitate a shoreline protective device.
(iii) Improvements. 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, which do not block or impede access, which do not result in a seaward encroachment by the structure and which do not include or necessitate a new or enlarged shoreline protective device.
(iv) Repair and Maintenance. Repair or maintenance activity which, pursuant to Public Resources Code Section 30610(d) and California Code of Regulations Section 13252, requires no permit unless the activity will have an adverse impact on lateral public access along the beach.

Chapter 18.30 (10/24/23)

(v) Reconstruction and/or Repair of a Seawall, Revetment, Retaining Wall or other Shoreline Protective Device. The reconstruction or repair of any shoreline protective device; provided that the reconstructed or repaired shoreline protective device does not substantially alter the foundation of the protective device, does not result in the replacement of 20 percent or more of the materials of the existing structure with materials of a different kind, does not extend the protective device seaward of the location of the former structure. As used in this section, “reconstruction or repair” of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to public access or other shoreline resources than those of the existing structure. (c) Sea. “Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.
(2) Types of Public Access and Recreation.
(a) Lateral public access provides public access and use along or parallel to the sea or shoreline;
(b) Bluff top access provides public access and coastal viewing along a coastal bluff top area;
(c) Vertical access provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned shoreline, tidelands or established lateral access;
(d) Trail access provides public access (i.e., hiking and equestrian) along a coastal or mountain recreational path, including to and along canyons, rivers, streams, wetlands, lagoons, freshwater marshes, significant habitat and open space areas or similar resource areas, and which also may link inland trails or recreational facilities to the shoreline;
(e) Recreational access provides public access to coastal recreational resources through means other than those listed above, including, but not limited to, parking facilities, viewing platforms and blufftop parks.
(3) Character of Accessway Use.
(a) Pass and repass refers to the right of the public to walk and run along an accessway.

Because this use limitation can substantially restrict the public’s ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by subsection (7) establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner. This subsection shall not apply to lateral public access requirements or dedications along the shoreline.

Chapter 18.30 (10/24/23)

(b) Passive recreational use refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming, jogging, sunbathing, fishing, surfing, picnicking, but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance.
(c) Active recreational use refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized.
(4) Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in subsections (4)(a) through (4)(d) of this section, except as provided in subsection (5), a 25-foot wide easement for one or more of the types of access identified in subsections (1)(a) through (1)(e) shall be required and shall be supported by findings required by subsection (7); provided that no such condition of approval shall be imposed if the analysis required by subsection (7)(c) establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified. For any project where such mitigation is required, the preferred implementation should be through a recorded grant of easement to the city or to a designated private nonprofit association acceptable to the city who is willing to accept the easement and willing to operate and maintain the public accessway or trail. Where grants of easement are not feasible because neither the city nor private nonprofit association is willing to accept, maintain and operate the accessway, implementation of required access mitigation shall be implemented through a recorded offer to dedicate (OTD) an easement to a public agency or a designated private nonprofit association acceptable to the city. (a) New development along any trail designated in the Point Arena general plan or any area or adopted specific plan or on the zoning map as indicated on the subject property; (b) New development between the nearest public roadway and the sea; (c) New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization; (d) New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.
(5) Exceptions. Subsection (4) shall apply except in the following instances:
(a) Projects excepted from the definition of “new development” in subsection (1); (b) Where findings required by subsections (7)(c) and (8)(a) establish any of the following:
(i) public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources; (ii) adequate access exists nearby; (c) Exceptions identified in subsection (5)(b) shall be supported by written findings required by subsection (7)(c).

Chapter 18.30 (10/24/23)

(6) Standards for Application of Access Conditions.
(a) General Standards.
(i) Existing motorized access shall not be enlarged. There shall be no access for motorized vehicles where such use is not now provided.
(ii) Foot trail portions of the public access easements shall not exceed 12 feet in width. (iii) Existing foot trails should be used except when design or stability problems require a change.
(iv) Buffer zone areas on the unutilized portions of the foot path shall not be opened to the public.
(b) Lateral Public Access. The public access required pursuant to subsection (4) shall conform to the standards and requirements set forth in subsections (6) and (7). (i) Minimum Requirements. (Also to be used for blufftop access or trail access, as applicable.) A condition to require lateral access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses, such as limiting access to pass and repass or restricting hours of use, may be justified by site characteristics including sensitive habitat values or fragile topographic features or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection (7)(b). Lateral access shall be legally described as required in subsection (6)(h). (c) Vertical Public Access.
(i) Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of access: (1) located in specific locations identified in the certified local coastal program for future vertical access; or (2) located in a site for which the city has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and Chapter 18.30 (10/24/23)

recreation policies of the Coastal Act or the applicable provisions of the Point Arena local coastal program.
(ii) A condition to require vertical access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection (7)(b). (iii) Each vertical accessway shall extend from the public road to the shoreline (or bluff edge) and shall be legally described as required in subsection (6)(h). The access easement shall be a minimum of 25 feet wide wherever feasible. If a residential structure is proposed, the accessway should be sited along the border or side property line of the project site or away from existing or proposed development and should not be sited closer than 10 feet to the structure wherever feasible. Exceptions to siting a vertical accessway along a border or side property line or not closer than 10 feet to a structure may be required where topographical, physical or other constraints exist on the site. (d) Blufftop Access.
(i) Minimum Requirements. A condition to require public access to or along a bluff top as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of scenic and visual access from the bluff top to the public tidelands.
(ii) The bluff top access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection (7)(b). (iii) Each bluff top accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland or (greater or lesser) as determined to be necessary for public safety or geologic stability. However, wherever feasible, the accessway should not extend any closer than 10 feet from an occupied residential structure.

Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the 100-year life expectancy of the improvements plus an added geologic stability factor of 1.5. In no case shall the setback be less than 100 feet from the bluff edge which may be reduced to 50 feet if recommended by a certified engineering geologist and the 100-year economic life of the structure with the Chapter 18.30 (10/24/23)

geologic safety factor can be met provided that the setback will result in a minimum distance of 10 feet between the structure and the accessway for the life of the structure.
(iv) The accessway shall be legally described as required in subsection (6)(h), with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner:

Such easement shall be a minimum of 25 feet wide located along the bluff top as measured inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge.
(e) Trail Access—Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) required pursuant to subsection (4) shall provide the public with the permanent right of access and active recreational use: (i) along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access; or (ii) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act, consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection (7)(b). The trail access shall be legally described as required by subsection (6)(h).
(f) Recreational Access—Minimum Requirements. A condition to require public recreational access as a condition of approval of a coastal development permit (or some other authorization to proceed with development) required pursuant to subsection (4) shall provide the public with the permanent right of access and use within a designated recreational access area. Conditions required pursuant to this section shall specify the location and extent of the public access area. The form and content should take the form of requirements in subsections (6)(a) through (6)(e) as applicable. The accessway shall be legally described as required in subsection (6)(h). (g) Protection of Historic Public Use.
(i) Substantial Evidence Determination. Substantial evidence that the area used by the public has been impliedly dedicated shall be determined based on evidence of all of the following:
(A) 1. The public must have used the land for a period of five years or more as if it were public land;
(B) 2. Without asking for or receiving permission from the owner; (C) 3. With the actual or presumed knowledge of the owner; (D) 4. Without significant objection or bona fide attempts by the owner to prevent or halt the use;
Chapter 18.30 (10/24/23)

(E) 5. The use must be substantial, rather than minimal; (F) 6. The applicant must not have demonstrated that the law has prevented the property from being impliedly dedicated.
(ii) Findings. Where an issue as to the existence of public prescriptive rights has been raised during the course of reviewing a coastal development permit application, one of the following findings shall be made:
(A) 1. Substantial evidence does not warrant the conclusion that public prescriptive rights exist;
(B) 2. There is substantial evidence of the existence of public prescriptive rights, but development will not interfere with those rights;
(C) 3. There is substantial evidence of the existence of public prescriptive rights which requires denial of a coastal development permit because of interference with those rights;
(D) 4. There is substantial evidence of the existence of public prescriptive rights, but a condition requiring dedication of public access protects the rights of the public and is equivalent in time, place and manner to any prescriptive rights which may exist;
(E) 5. There is substantial evidence of the existence of public prescriptive rights, but a condition requiring siting development away from the area used by the public protects the rights of the public.
(iii) Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may exist based on substantial evidence of historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections (6)(b) through (6)(f). Gates, guardhouses, barriers or other structures designed to regulate or restrict access shall not be permitted within private street easements where they have the potential to limit, deter, or prevent public access to the shoreline, inland trails, or parklands where there is substantial evidence that prescriptive rights exist. (iv) Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights that may exist. The following language shall be included in any access condition required in a permit:

Chapter 18.30 (10/24/23)

The terms and conditions of this permit do not authorize any interference with prescriptive rights in the areas subject to the easement prior to acceptance of the offer.
(h) Legal Description of an Accessway—Recordation.
(i) An access dedication (offer to dedicate or grant of easement) required pursuant to subsection (4) shall be described, in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows:
(A) 1. for lateral access: along the entire width of the property from the mean high tide line landward to a point fixed at the most seaward extent of development (as applicable): the toe of the bluff, the intersection of sand with toe of revetment, the vertical face of seawall, or other appropriate boundary such as dripline of deck. On beachfront property containing dune ESHA the required easement for lateral public access shall be located along the entire width of the property from the mean high tide line landward to the ambulatory seawardmost limit of dune vegetation;
(B) 2. for blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail;
(C) 3. for vertical access: extending from the road to the mean high tide line (or bluff edge).
(ii) Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission (or local agency authorized pursuant to 14 California Code of Regulations Section 13574(b)), consistent with provisions of subsection (8)(a), irrevocably offering to dedicate (or grant an easement) to a public agency or private association approved by the Coastal Commission (or local agency authorized by the Commission pursuant to 14 California Administrative Code Section 13574(b)) an easement for a specific type of access as described in subsection (2) and a specific character of use as described in subsection (3), as applicable to the particular condition.
(iii) The recorded document shall provide that:
(A) 1. The terms and conditions of the permit do not authorize any interference with prescriptive rights in the area subject to the easement prior to acceptance of the offer; and
(B) 2. Development or obstruction in the accessway prior to acceptance of the offer is prohibited.
(iv) The recorded document shall include legal descriptions and a map drawn to scale of both the applicant’s entire parcel and the easement area. The offer or grant shall be Chapter 18.30 (10/24/23)

recorded free of prior liens and any other encumbrances which the Coastal Commission (or local agency authorized by the Commission pursuant to 14 California Administrative Code Section 13574(b)) determines may affect the interest being conveyed. The grant of easement or offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and the offer shall be irrevocable for a period of 21 years, such period running from the date of recording.
(i) Implementation.
(i) For any project where a public access easement is required, the preferred implementation should be through a recorded grant of easement to the city or to a designated private nonprofit association acceptable to the city who is willing to accept the easement and willing to operate and maintain the public accessway or trail. Where grants of easement are not feasible because neither the city nor private nonprofit association is willing to accept, maintain and operate the accessway, implementation of required access mitigation shall be implemented through a recorded offer to dedicate (OTD) an easement to a public agency or a designated private nonprofit association acceptable to the city.
(ii) For all grants of easement to the city, the city shall open the easement to the public as soon as is feasible, and shall be responsible for operating and maintaining the accessway, or the city shall grant the easement to a private nonprofit association that is willing to accept, maintain and operate the accessway. (iii) In the case of an offer to dedicate or where the city grants an easement to a private nonprofit association, an accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection (6)(g) agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction. New offers to dedicate public beach or trail access easements shall include an interim deed restriction that: (1) states that the terms and conditions of the permit do not authorize any interference with prescriptive rights, in the area subject to the easement prior to acceptance of the offer; and (2) prohibits any development or obstruction in the easement area prior to acceptance of the offer. (iv) Access facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) shall be as wide as necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.
(v) For all grants of an easement or offers to dedicate that are required as conditions of coastal development permits approved by the city, the city has the authority to approve a private association that seeks to accept the offer or the grant of easement. Any government agency may accept an offer to dedicate or grant of an easement if the agency is willing to operate and maintain the easement. The city shall approve any private association that submits a plan that indicates that the Chapter 18.30 (10/24/23)

association will open, operate, and maintain the easement in accordance with terms of the recorded offer to dedicate or grant the easement. For all offers to dedicate or grant of an easement that were required as conditions of coastal development permits approved by the Coastal Commission, the executive director of the Commission retains the authority to approve a government agency or private association that seeks to accept the offer or grant of easement. (vi) The appropriate agency or organization to accept and develop trail dedication offers or grants of easement resulting from city issued CDPs shall be determined through coordination, where applicable, with the National Park Service, the State Department of Parks and Recreation, the State Coastal Conservancy, Mendocino County, and nonprofit land trusts or associations. Public agencies and private associations which may be appropriate to accept offers to dedicate include, but shall not be limited to, the State Coastal Conservancy, the State Department of Parks and Recreation, the State Lands Commission, the county, the city, the Mendocino Land Trust, and other nongovernmental organizations.
(vii) Grants of public access easements or offers to dedicate shall be accepted for the express purpose of opening, operating, and maintaining the accessway for public use. Unless there are unusual circumstances, the accessway shall be opened within five years of acceptance. If the accessway is not opened within this period, and if another public agency or qualified private association expressly requests ownership of the easement in order to open it to the public, the easement holder shall transfer the easement to that entity within six months of the written request. A coastal development permit that includes a grant an easement or offer to dedicate for public access as a term or condition shall require the recorded offer to dedicate to include the requirement that the easement holder shall transfer the easement to another public agency or private association that requests such transfer, if the easement holder has not opened the accessway to the public within five years of accepting the offer.
(viii) Facilities to complement public access to and along the shoreline and trails shall be permitted where feasible and appropriate. This may include parking areas, restrooms, picnic tables, or other improvements. No facilities or amenities, including, but not limited to, those referenced above, shall be required as a prerequisite to the approval of any lateral or vertical accessway or trail OTD or grant of easement or as a precondition to the opening or construction of the accessway or trail. Where there is an existing, but unaccepted and/or unopened public access OTD, easement, or deed restriction for lateral, vertical, bluff or trail access or related support facilities, necessary access improvements shall be permitted to be constructed, opened and operated for the intended public use. (ix) Any accessway which the managing agency or organization determines cannot be maintained or operated in a condition suitable for public use shall be offered to another public agency or qualified private association that agrees to open and maintain the accessway in a condition suitable for public use.

Chapter 18.30 (10/24/23)

(x) All public access mitigation conditions or terms required by a CDP shall include, as a compliance component, a requirement that the permittee submit a detailed and surveyed map, drawn to scale, locating any proposed or required easements or deed restricted areas.
(j) Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. All offers or grants shall be made free of all encumbrances which the approving authority pursuant to subsection (6)(h) determines may affect the interest being conveyed. If any such interest exists which could extinguish the access easement, it must be subordinated through a written and recorded agreement.
(7) Required Findings and Supporting Analysis for Public Access Dedications. (a) Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development). Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection (7)(b) and shall reflect the specific level of detail specified, as applicable.

Findings supporting all such decisions shall include:
(i) A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection (7)(b). The type of affected public access and recreation opportunities shall be clearly described;
(ii) An analysis based on applicable factors identified in subsection (7)(b) of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act;
(iii) A description of the legitimate governmental interest furthered by any access condition required;
(iv) An explanation of how imposition of an access dedication requirement alleviates the access burdens identified and is reasonably related to those burdens in both nature and extent.
(b) Required Project-Specific Findings. In determining any requirement for public access, including the type of access and character of use, the city shall evaluate and document in written findings the factors identified in subsections (b)(i) through (b)(v), to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the dedication will Chapter 18.30 (10/24/23)

alleviate or mitigate the adverse effects which have been identified and is reasonably related to those adverse effects in both nature and extent. As used in this section, “cumulative effect” means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning requirements or regulations.
(i) Project Effects on Demand for Access and Recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project’s effects upon existing public access and recreation opportunities. Analysis of the project’s cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout.

Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project’s cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.
(ii) Shoreline Processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of existing or proposed shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site.

Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development, description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to:
wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project, alone or in combination with other anticipated changes, will have upon the ability of the public to use public tidelands and shoreline recreation areas.
(iii) Historic Public Use. Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc., and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the Chapter 18.30 (10/24/23)

record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including, but not limited to, creation of physical or psychological impediments to public use).
(iv) Physical Obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline. (v) Other Adverse Impacts on Access and Recreation. Description of the development’s physical proximity and relationship to the shoreline and any public recreation area.

Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public’s use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development. (c) Required Findings for Public Access Exceptions. Any determination that one of the exceptions of subsection (5) applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:
(i) The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the public safety concern, or the military facility which is the basis for the exception, as applicable.
(ii) Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that fragile coastal resources, public safety, or military security, as applicable, are protected.
(iii) Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land. (8) Review of Recorded Access Documents.
(a) Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval and drafts of any legal documents proposed to implement the conditions shall be forwarded to the California Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574. All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:

Chapter 18.30 (10/24/23)

(i) The executive director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements:
(A) 1. Upon completion of permit review by the city and prior to the issuance of the permit, the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies,
(B) 2. The executive director of the Commission shall have 15 working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any,
(C) 3. The city may issue the permit upon expiration of the 15 working day period if notification of inadequacy has not been received by the city within that time period,
(D) 4. If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or
(ii) If the city requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the city if the city identifies the city department that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits subject to the following: upon completion of the recordation of the documents the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the executive director of the Commission.
(9) CDP Permitting and Application. In addition to permit and application submittal requirements established elsewhere in this LCP new development pursuant to subsections (1)(a) and (1)(b) shall be subject to the following additional permit and/or application requirements:
(a) In order to maximize public access and recreation opportunities at existing public beaches or parks, limitations on time of use or increases in use fees or parking fees, which effect affect the intensity of use, shall be subject to a coastal development permit.
(b) The city shall not close, abandon, or render unusable by the public any existing accessway which the city owns, operates, maintains, or is otherwise responsible for unless determined to be necessary for public safety without first obtaining a coastal development permit.
(c) Any limitation on existing public access to or along a beach, trail, or bluff located in a sensitive habitat area determined to be necessary for temporary protection of habitat, Chapter 18.30 (10/24/23)

restoration, repair and/or maintenance shall be for the minimum period necessary but shall not exceed the nesting season for shorebird habitat or be greater than 90 days for habitat restoration or 30 days for repair and maintenance, and shall require a coastal development permit. Any limitation for purposes of protecting or restoring habitat shall be subject to review and approval, where required, from the Departments of Fish and Game and U.S. Fish and Wildlife. Access to or along public tidelands or areas subject to an accepted and opened offer to dedicate or grant of easement shall not be fully restricted.
(d) No signs shall be posted on a beachfront or on public beach unless authorized by a coastal development permit. Signs which purport to identify the boundary between state tidelands and private property or which indicate that public access to state tidelands or public lateral or vertical access easement areas is restricted shall not be permitted.
(e) Improvements and/or opening of accessways already in public ownership or that are accepted pursuant to an offer to dedicate required by a coastal development permit shall be permitted regardless of the distance from the nearest available vertical accessway.
(f) No new structures or reconstruction, except for routine repair and maintenance or to replace a structure destroyed by natural disaster in accordance with PRC Section 30610(d) and (g), shall be permitted on a bluff face, except for engineered staircases or accessways to provide public shoreline access where no feasible alternative means of public access exists.
(g) All applications for new development located along the shoreline or fronting a beach shall include the submittal of a review and/or determination in writing from the State Lands Commission that addresses the proposed project relative to its location or proximity to, or impact upon, the boundary between public tidelands and private property. Any application for development on or along the shoreline filed without such determination shall be determined to be incomplete for filing. (h) Coastal development permit application filing requirements shall include the submittal of mapped documentation identifying the location of any existing recorded shoreline or inland trail OTDs, deed restrictions, or easements on the subject parcel(s). [Ord. 179 § 5.10, 2001; Ord. ___ § 6.08, 2023.]

18.25.250 18.30.050 Locating new development. (1) Approval of development proposals shall be given to areas contiguous to existing urbanized areas prior to the approval of projects which require extensions of water, sewer, and road services. This will minimize the loss of agricultural land, reduce the costs of service extensions, and encourage the development within areas of existing development before extending service to outlying areas. With the exception of the Hay annexation area (LCP Amendment #1-89), and properties located at the northern end of the city, the city sewer and the PAWW water system is presently available to the following zones:

Chapter 18.30 (10/24/23)

urban residential, multifamily residential, suburban residential-1/2, suburban residential-1, commercial core, highway commercial, harbor commercial, public facilities, and park. Priority shall be given as follows:
1st priority: Developed lots for which sewer and water connection is available. 2nd priority: Undeveloped lots for which sewer and water connection is available. 3rd priority: Developed lots for which sewer and water lines must be extended. 4th priority: Undeveloped lots for which sewer and water lines must be extended.

Adequate sewer and water capacity shall be reserved for first and second priority lots. A memorandum of understanding associated with the Hay annexation provides for orderly extension of infrastructure, including sewer system, to be extended to Phase 1 of the annexation. No sewer and water service will be extended to the agricultural exclusive zone or areas outside the urban limit line.
[Ord. 179 § 5.25, 2001; Ord. ___ § 6.09, 2023.]

18.25.270 18.30.055 Mitigation measures. Permissible development shall be sited and designed to avoid adverse impacts to ESHA. If there is no feasible alternative that can eliminate all adverse impacts, then the alternative that would result in the fewest or least significant adverse impacts shall be selected. Residual adverse impacts to ESHA shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts onsite or where off-site mitigation is more protective in the context of a natural community conservation plan that is certified by the Coastal Commission as an amendment to the Point Arena LCP. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA.

The planning commission or city council shall, as a condition for a coastal development permit, require that a developer mitigate for impacts to ESHA. The permit shall include conditions that require implementation of all feasible mitigation measures that would significantly reduce adverse impacts of the project.

When mitigation measures are required for impacts to ESHA, such measures including habitat restoration and/or enhancement shall be monitored for a period of no less than five years following completion unless it can be demonstrated that the success criteria have been met for a period of at least two years without any maintenance or remediation activities other than exotic species control. Specific mitigation objectives and performance standards shall be designed to measure the success of the restoration and/or enhancement. Mid-course corrections shall be implemented if necessary. Monitoring reports shall be provided to the city annually and at the conclusion of the five-year monitoring period that document the success or failure of the mitigation.

If performance standards are not met by the end of five years, the monitoring period shall be extended until the standards are met. The restoration will be considered successful after the success criteria have been met for a period of at least two years without any maintenance or remediation activities other than exotic species control.

Chapter 18.30 (10/24/23)

At the city’s discretion, final performance monitoring will be conducted by an independent monitor or civil servant with the appropriate classification, supervised by the city biologist and paid for by the applicant. If success criteria are not met within 10 years, the applicant shall submit an amendment proposing alternative mitigation. The permit shall include conditions that impose these requirements:
(1) Environmentally Sensitive Habitat Impact Mitigation. All permissible development shall include mitigation for unavoidable impacts to ESHA from the removal, conversion, or modification of natural habitat for new development, including required fuel modification and brush clearance, except as provided in subsection (2) for impacts to wetlands. The acreage of habitat impacted shall be determined based on the size of the approved development area, road/driveway area, required fuel modification on the project site, and required brush clearance, if any, on adjacent properties.
(2) Wetlands.
(a) Any new development that includes dike or fill development in wetlands for a use permitted under the Coastal Act and the LCP shall include mitigation for unavoidable impacts to wetland habitat. Wetland impact mitigation shall include, at a minimum, creation or substantial restoration of wetlands of the same type as the affected wetland or similar type. The acreage of wetland habitat mitigation shall be determined based on the approved project and the type of wetland affected.
(b) Prior to issuance of the coastal development permit, the applicant shall identify an area of disturbed or degraded wetland habitat of equivalent type and with acreage sufficient to provide mitigation of the wetland impacts.
(c) Mitigation ratios will often be greater than 2:1. However, in no event will the mitigation ratio be less than 2:1 unless, prior to the development impacts, the wetland creation or restoration proposed as project mitigation is completed and is empirically demonstrated, based upon a report provided by the applicant from a qualified biologist or resource specialist, to meet performance criteria that establish that the created or restored wetlands are functionally equivalent or superior to the impacted wetlands. (d) Prior to issuance of the coastal development permit, the applicant shall submit wetland habitat creation, restoration, management, maintenance and monitoring plans for the proposed wetland mitigation area prepared by a qualified biologist and/or resource specialist. The plans shall provide a 100-foot restored buffer as measured from the upland limit of the wetland area, and at a minimum include ecological assessment of the mitigation site and surrounding ecology; goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; restoration success criteria; measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than five years. The city shall determine that the Chapter 18.30 (10/24/23)

proposed restoration site is of equivalent type and acreage to the impacted wetland habitat.
(e) The area of wetland habitat to be restored shall be restricted from future development and permanently preserved through the recordation of an open space deed restriction that applies to the entire restored area and buffer. The open space deed restriction shall be recorded prior to issuance of the coastal development permit. The habitat restoration shall be carried out prior to or concurrently with construction of the development project. In any case, the wetland restoration or creation project improvements shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. [Ord. 179 § 5.27, 2001; Ord. ___ § 6.10, 2023.]

18.25.160 18.30.060 Architectural and historical significance.

The following regulations shall apply in all zones:
(1) Purpose. The city of Point Arena contains structures of architectural and historical significance. Older structures which give Point Arena much of its character should be preserved to the greatest degree possible. Priority shall be given to preserving those structures of outstanding architectural or historical significance. Demolition of architecturally or historically significant structures shall be minimized. The planning commission shall review all permits for alteration or demolition of these architecturally and/or historically significant structures. (2) Applicability. Relocation, remodeling, additions, and demolition of architecturally or historically significant structures must be approved by the planning commission. Approval need not be obtained for remodeling which does not affect the external appearance of the existing structure. Applicable work shall require a coastal development permit as prescribed in Chapter 18.30.
(3) Historic Districts and Properties. On September 13, 1990, two districts, along with other separately listed properties, were placed on the National Register of Historic Places Program.

Placement on the National Register affords a property the honor of inclusion in the nation’s official list of cultural resources worth of preservation and provides a degree of protection from adverse effects resulting from federally funded or licensed projects. Registration provides a number of incentives for preservation of historic properties, including special building codes to facilitate the restoration of historic structures, and certain tax advantages. There are no restrictions placed upon a private property owner with regard to normal use, maintenance, or sale of a property listed in the National Register.

The following properties are included on the National Register:
(a) Contributors to the Arena Cove Historic District.
695 Arena Cove Captain’s House
785 Arena Cove Wharfmaster’s House
Chapter 18.30 (10/24/23)

Arena Cove Life-saving Station
Boathouse
Arena Cove Corrugated Shed
Arena Cove Coast Guard Garage
Arena Cove Captains Garage
Arena Cove Water Tanks
Arena Cove Flagpole
(b) Contributors to the Main Street Historic Commercial District. 165 Main Street Standard Oil Station (vacant)
170 Main Street Point Arena Garage
183 Main Street IOOF Hall
185 Main Street Feed Barn
190 Main Street Point Arena Hotel Garage
195 Main Street Pedretti Building, Cypress Realty
200 Main Street Bank of P. A., B of A, Westamerica
205 Main Street Garcia Center, Sweet Licks
207 Main Street Arena Press Print Shop
211 Main Street Everything Under the Sun
213 Main Street Cypress Realty (vacant)
214 Main Street Arena Theater
215 Main Street P.A. Post Office, Travel Center
225 Main Street P.A. Mercantile Co., Gillmore’s
235 Main Street Point Arena Market, Arena Pharmacy
240 Main Street Texaco Station, Arena Feed & Seed, Casual Cuts, Laundromat
245 Main Street Ancient Order of Foresters Hall
265 Main Street P.A. Record Building, Bookends
(c) Separate Listings.
40 Iverson Avenue Iverson House
200 Lake Street Point Arena High School
105 Main Street Italian Hotel, Kentucky Forge Works
284 Main Street Annie Palmer House, Community Art
365 Main Street Legrand Morse House, R. Mari
40 Mill Street E.P. Gillmore, J.H. Halliday House
50 Mill Street Sid Groshon, Bill Walsh House
10 Riverside Drive Hoyt/Scott House
40 School Street St. Paul’s Methodist Church & Parsonage 10 Scott Place Billy Ketchum House, Larksong
(4) Review Criteria.
(a) Historical Significance.

Chapter 18.30 (10/24/23)

(i) Is the building particularly representative of a distinct historical period, type, style, region, or way of life?
(ii) Is it an example of a type of building which was once common but is now rare? (iii) Is the building of greater age than most of its kind? (iv) Is the building connected in any way with someone who was famous, important, or a local personality?
(v) Is the building connected with a business or use which was once common but is now rare?
(vi) Is the architect or builder famous or well recognized? (b) Architectural Significance.
(i) Are its construction materials used in an unusual, significant, or effective manner or style?
(ii) Is the overall effect of the design of the structure beautiful, or are its details beautiful or unusual?
(iii) Is the style of the building unusual for its area, for Point Arena, for California, or is it unusual for any place?
(iv) Does the building contain original materials or workmanship which can be valued in themselves?
(v) Is the method of construction employed or the floor plan used one which is unusual, ingenious, or significant?
(vi) Is the structure especially well-preserved or could it be restored to its former condition?
(5) Review Procedures. The planning commission shall review applications for applicable coastal development permits as described in Chapter 18.30. If a use permit or other approval is required by the planning commission or city council, the review by the planning commission may occur at the same meeting subject to the 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. [Ord. 179 § 5.16, 2001; Ord. ___ § 6.11, 2023.] Chapter 18.35 (10/24/23 Draft)

Chapter 18.30 18.35 PROCEDURES AND ADMINISTRATION
Article I. Non-Conforming Uses, Structures and Lots

18.25.170 18.35.010 Nonconforming uses and structures.

The lawful use of lands or structures existing on the effective date of the ordinance codified in this title, although such use or structure does not conform to the regulations applied to such property or structure, may be continued, except as provided herein. Nonconforming off-street parking is covered separately under Section 18.25.190.
(1) Any structure conforming as to use but nonconforming as to lot area, yards, height or other requirements herein at the effective date of the ordinance codified in this title may be altered, repaired or extended provided that such alteration, repair, or extension shall not increase the existing degree of non-conformance.
(2) If any building not conforming to this zoning ordinance is destroyed to the extent that the cost of repair, using new materials, exceeds 60 percent of the current appraised value of the structure, then the building shall become subject to all regulations in the applicable zone. The repair of a partially destroyed building shall commence within one year and an additional six months shall be allowed for the completion of the exterior of any reconstruction. (3) Any change of a nonconforming use shall be to a conforming use, and a nonconforming use which has been discontinued for a period of one year or more shall not be reestablished. A nonconforming use of a part of a lot or a structure shall not be extended throughout the lot or structure.
(4) Any use for which a conditional use permit is required by these regulations shall be considered a nonconforming use until a conditional use permit is obtained. [Ord. 179 § 5.17, 2001; Ord. ___ § 7.01, 2023.]

18.25.180 18.35.015 Nonconforming lots.

If a lot was delineated on a recorded subdivision map, or was lawfully established as a separate lot on the effective date of the ordinance codified in this title, and such lot does not conform to the minimum lot area of the zone in which it is located, it shall be considered a legal building site for uses permitted in the pertinent zone, even if the owner of said lot has at any time owned land contiguous to said lot, provided all other requirements of this title and other applicable city ordinances and standards can be satisfied. [Ord. 179 § 5.18, 2001; Ord. ___ § 7.02, 2023.]

18.25.190 18.35.020 Nonconforming off-street parking.

Off-street parking facilities existing as of June, 1981, incidental to a lawfully established use, but which are nonconforming as to the provisions of Section 18.25.280, shall be considered the required off-street parking for that specific use. Any change in the use, the building, or the parking facilities shall be subject to the following provisions:

Chapter 18.35 (10/24/23 Draft)

(1) An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless the end result is an equivalent number of off-street parking spaces, or the required number of parking spaces, whichever is the lesser, as required by this title. (2) If a building or use is expanded, parking as required by Section 18.25.280 shall be provided for the expanded portion of the use. Any existing parking shall be retained, or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as required by this title. If the number of spaces required for the expansion is greater than the number required herein for the existing building, then any existing parking area shall be brought into conformance with the requirements of this title. (3) If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title. Existing parking shall be retained or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as provided by this title. (4) In-Lieu Parking Regulations.
(a) When it is neither feasible nor desirable to provide some or all of the off-street parking spaces required by Section 18.25.280, an owner of commercially-zoned land shall be permitted, subject to approval of the city planning commission, to make a monetary payment to the city of Point Arena in an amount which is equal to 80 percent of the estimated cost of required off-street parking on a per-parking-stall basis. (b) In addition to the costs associated with land acquisition, the projected costs of providing all of the following services and improvements, based upon required parking stall size and turning radius to serve said parking stall as set forth in Section 18.25.280(3).

Dimensional requirements of the Point Arena zoning ordinance, shall be used in determining the amount of the required monetary payment including:
(i) Engineering, inspection and contingencies;
(ii) Grading/paving;
(iii) Drainage;
(iv) Striping and wheel stops;
(v) Landscaping/screening.
(c) At least once every year the city council may establish, by resolution, the value of offstreet parking facilities in the city on a per-parking-stall basis. Initially, such a fee shall be $2,000 per parking stall. Funds collected by the city from such payments shall be deposited in a special fund and shall be used by the city only for the purpose of acquiring and/or developing future off-street parking facilities. The city may establish payment schedules for collection of fees.
(d) Parking Variance Procedure. The planning commission may, upon application by the landowner, grant a variance from the parking requirement and shall then require the Chapter 18.35 (10/24/23 Draft)

payment of the in-lieu fee for each space as established by resolution. In granting a variance the planning commission shall be guided by the following criteria: upon a showing by the applicant and a finding thereof by the planning commission, a variance may be granted on one or more of the following grounds:
(i) The refusal to allow a variance could make a proper use of the property unfeasible; (ii) It is physically impossible for the property to comply with on-site parking requirements;
(iii) Specific conditions exist which particularly affect the subject property as opposed to other properties in the same zoning designation similarly situated; (iv) Specific conditions exist as to the type of business enterprise or use permitted by the commission and which may affect the need for on-site parking.

The burden shall be upon the applicant to demonstrate to the planning commission the grounds upon which the applicant bases the application for variance. (e) All off-street parking facilities which are provided by the city of Point Arena shall, in addition to benefiting the employees, guests, and/or patrons of the subject property, be made available for use by members of the general public. [Ord. 179 § 5.19, 2001; Ord. ___ § 7.03, 2023.]
Article II. Permits Planning Permit Procedures

18.30.060 18.35.110 Initiation, application, fees, and procedures for permits.

The initiation of a variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plan, the filing of an application, the payment of fees, and notification of hearings shall be as specified in Sections 18.30.200 through 18.30.220. [Ord. 179 § 6.06, 2001; Ord. ___ § 7.04, 2023.]

18.30.110 18.35.115 Coastal development permits
(1) Purpose. The purpose and intent of a coastal development permit is to ensure that all development within the coastal zone of the City of Point Arena is consistent with the provisions of the City of Point Arena Local Coastal Program, the California Coastal Act and the California Code of Regulations Title 14 Division 5.5
(12) Permit—When Required. Applicability. In conformance with Section 30600 of the California Coastal Act, in addition to any other approval or permit required under this title, and as specifically excluded in subsection (2), a coastal development permit shall be required for any use, building or other development, as defined in California Coastal Act Code Section 30106, except as specifically exempted in Section 18.30.110 or excluded in Section 18.30.120. (3) Review Procedures. Each coastal development permit application shall be submitted with all of the application requirements contained in relevant sections of Chapter 18.25 and all other applicable provisions in the subject development’s zoning district.

Chapter 18.35 (10/24/23 Draft)

Coastal development permits for ADUs and/or JADUs shall not require a public hearing and shall be subject to the streamlined administrative process established in Section 18.30.235. (14) Coastal Development Permit Findings. A coastal development permit may only be granted if the following written findings can be made. 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. 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.
(a) The proposed development as described in the application and accompanying materials, as modified by any conditions of approval is in conformity with the city of Point Arena’s certified local coastal program and will not adversely affect coastal resources; and (b) If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code); and (c) Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment; and
(d) The proposed use is consistent with the purposes of the zone in which the site is located; and
(e) The proposed development is in conformance with the city of Point Arena’s general plan; and
(f) The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; (g) Services, including, but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development;
(h) Supplemental findings for projects involving geologic, flood, and fire hazards:
(i) The project, as proposed, will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons, and
(ii) The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood, or fire hazards due to required project modifications, landscaping or other conditions, and
(iii) There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.

Chapter 18.35 (10/24/23 Draft)

[Ord. 179 § 6.11, 2001; Ord. ___ § 7.05, 2023.]

18.30.120 Coastal development permits- Exemptions
(21) Developments Not Requiring a Permit. The following categories of development shall not require a coastal development permit, but shall not occur where prohibited by this title:
(a) Improvements to existing single-family residences except as noted in subsection (a)(i).

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

The exemption shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:
(i) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff;
(ii) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas; (iii) The expansion or construction of water wells or septic systems; (iv) On property not included in subsection (2)(a) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the city or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks;
(v) In areas which the city or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system;
(vi) Any improvement to a single-family residence where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, Chapter 18.35 (10/24/23 Draft)

or city indicated that any future improvements would require a development permit.
(b) Improvements to any structure other than a single-family residence or a public works facility except as noted in subsection (b)(iii). For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
(i) All fixtures and other structures directly attached to the structure; (ii) Landscaping on the lot;
(iii) The exemption in subsection (b)(i) shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP:

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

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

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

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

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

6. Any improvement to a structure where the coastal development permit issued for the original structure by the city or the Coastal Commission indicated that any future improvements would require a development permit, Chapter 18.35 (10/24/23 Draft)

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

8. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion. (c) Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.
(d) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, except as provided in subsection (e).
(i) The exemption shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:

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

2. Any method of routine maintenance dredging that involves:
a. The dredging of 100,000 cubic yards or more within a 12-month period, b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams, or
c. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the city or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use; Chapter 18.35 (10/24/23 Draft)