Site. A parcel of land used or intended for one use or a group of uses and having frontage on a public or an approved private street or right-of-way.
Slope. Land gradient described as 100 times the vertical rise divided by the horizontal run. For example, a hill or road which rises in elevation 15 feet in a horizontal length of 100 feet has a slope of 15 percent.
Solar Access. The provision of direct sunlight to an area specified for solar energy collection when the sun’s azimuth is within 45 degrees of true south.
Solar System, Active. A system using a mechanical device, such as a pump or a fan, and energy in addition to solar energy, to transport a conductive medium (air or water) between a solar collector and the interior of a building for the purpose of heating or cooling.
Solar System, Passive. A system that uses direct heat transfer from thermal mass instead of mechanical power to distribute collected heat. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling.
Solid Waste. General category that includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood.
Special Purpose Commercial Coach. A vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is not required to be moved under permit, and shall include a trailer coach.
Specific Plan. A tool for detailed design and implementation of a defined portion of the area covered by a general plan or by a concept plan in the case of a comprehensive development plan.
A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s) or a portion thereof or for designating, in a comprehensive and detailed fashion, the city’s or a developer’s intentions with respect to a property’s use and development. (Authorized and further defined in California Planning, Zoning, and Development Laws, Article 8, Sections 65450 through 65457.) Specific plans shall be part of the city’s certified LCP and are subject to California Coastal Commission certification.
Sphere of Influence. The probable ultimate physical boundaries and service area of the city as determined by the Local Agency Formation Commission (LAFCO) of Mendocino County.
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 151 -
Standards. Usually refers to site design regulations, such as lot area, height limit, frontage, landscaping, and floor area ratio, as distinguished from use restrictions; loosely refers to all requirements in the zoning ordinance and in other city ordinances.
Storm Runoff. Surplus surface water generated by rainfall that does not seep into the earth but flows overland to flowing or stagnant bodies of water.
Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between the floor and the ceiling next above it.
Stream. A stream mapped by USGS on the seven and one-half minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. Channelized streams not having significant habitat value should not be considered streams.
Street. Land owned and designated by the city of Point Arena, Mendocino County or the state of California as a public thoroughfare and which affords the primary means of access to abutting property.
Street Furniture. Those features associated with a street that are intended to enhance that street’s physical character and use by pedestrians, such as benches, trash receptacles, kiosks, lights, newspaper racks, etc.
Street Tree Plan. A plan for city street trees which sets goals for tree canopy densities and solar access, and sets standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance problems.
Streets, Local. Low speed/low volume roadways that provide direct access to abutting land uses; may allow for driveways to individual units, on-street parking, pedestrian access, sidewalks or walkways, and bicycle paths.
Structure. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
Structure, Accessory. A detached building or structure, other than a sign, the use of which is incidental to that of a main building or use; any building or structure which is incidental to the conducting of any agricultural use.
Studio. A workroom, which may include a shop, for use by an artist, photographer or crafts person, which contains no kitchen but may include a lavatory and sinks, and is not intended for use as a dwelling unit, and which, unlike a gallery, is not open to the public.
Subdivision. The splitting into new lots or parcels of a larger piece of property, as defined in and subject to the city’s subdivision regulations and the state Subdivision Map Act.
Substandard Housing. Residential dwellings which, because of their physical condition, do not provide safe and sanitary housing.
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 152 -
Substantial. Considerable in importance, value, degree, or amount.
Supportive Housing. A building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a “target population”, and that is linked to on- or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
18.45.115 - Definitions (T)
Target Population. Means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tentative Map. The initial map setting forth in concept and in detail a proposed land subdivision, which map must comply with the city’s subdivision and zoning regulations, the LCP, and the state Subdivision Map Act. The subdivision of land depicted on the tentative map does not take effect until approval and recordation of the final map.
Tot Lot. See “Minipark.”
Tourism. The business of providing services for persons traveling for pleasure.
Townhouse or Townhome. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common and fire-resistant walls.
Townhouses usually have separate utilities; however, in some condominium situations, common areas are serviced by utilities purchased by a homeowners association on behalf of all townhouse members of the association.
Transitional Housing. A building or buildings configured as rental housing developments occupied by the “target population”, but operated under programs requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
Travel Trailer. A vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur’s license or both, without violating any provision of the California Vehicle Code.
Trees, Heritage. Trees planted by a group of citizens or by the city in commemoration of an event or in memory of a person figuring significantly in the history of the city.
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 153 -
Trees, Landmark. Trees whose size, visual impact, or association with a historically significant structure or event have led the city to designate them as landmarks.
Trees, Street. Trees strategically planted, usually in parkway strips, sidewalks or road medians, to enhance the visual quality of a street.
Trip. A one-way journey that proceeds from an origin to a destination via a single type of vehicular transportation; the smallest unit of movement considered in transportation studies.
Trip Generation. The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the impact of additional development or transportation facilities on an existing, local transportation system.
18.45.120 - Definitions (U)
Undevelopable. Specific areas where topographic, geologic, and/or surficial soil conditions indicate a significant danger to future occupants, or where public policy limits development in order to accomplish a public purpose (i.e., a riparian buffer zone).
Undue. Not proper, or more than necessary.
Unit. The basic term for counting homes. The number of units is the number of homes. A unit may be a single-family house or an apartment in a multi-unit structure.
Urban Design. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture.
Urban Limit Line. That line drawn on a map and officially designated by the city which designates the extent to which urban services will be provided. Any change to the urban limit line is subject to certification by the California Coastal Commission.
Urban Open Space. The absence of buildings or development, usually in well-defined volumes, within an urban environment.
Use. The purpose for which a lot or structure is or may be leased, occupied, maintained, arranged, designed, intended, constructed, erected, moved, altered, and/or enlarged pursuant to the city’s zoning ordinance and general plan land use designation.
Use by Right. Refers to land uses and activities which are designated in the city’s general plan/LCP as acceptable and legally permissible within a particular zoning district or land-use category, subject only to standards of development set forth in the general plan/LCP, said ordinance, and to the provisions of CEQA, the city’s design review requirements, the building code and other pertinent ordinances, and not otherwise conditional. See “Use, Principal Permitted.”
Use, Principal Permitted. The primary use of land or of a main building, which use is intrinsically compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee, or other person who has legal right to use the land has a vested right to conduct such principal permitted use in accordance with the other zoning regulations and policies of the general plan/LUP without securing special Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 154 -
permission (i.e., a use permit) therefor, subject only to design and environmental and coastal resource impact review procedures and a coastal development permit if in the coastal zone.
Useable Common Open Space. Space required as part of a multifamily residential development that is located and designed in such a way that it is useable by humans and is in addition to required yards, patios, and decks.
Utility Corridors. Rights-of-way or easements for utility lines on either publicly- or privatelyowned property. See “Right-of-Way” or “Easement.”
18.45.125 - Definitions (V)
Variance. A permit issued by the city, after making appropriate findings, to construct or carry on an activity not otherwise explicitly permitted under zoning regulations. The legal justification for a variance is that the property owner would otherwise suffer unique hardship under the zoning regulations because his or her particular parcel is different from others to which the regulations apply due to size, shape, topography, or location. As prescribed by California law, variances may not be granted to authorize a use or activity which is not otherwise authorized by the local zoning regulations. A variance shall not be granted if the hardship in question is self-created.
Vendor. Any person who sells, offers for sale, any goods, wares, or merchandise at other than from a fixed place of business; provided, however, these words shall not be construed to apply to commercial travelers selling their goods to merchants or other business establishments licensed by the city, for present or future delivery.
Very Low-Income Household. Households with incomes not exceeding 50 percent of the area median income, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S.
Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Vested Right. The right to proceed with a development project or to continue with a project in progress. A vested right is achieved only when prior to February 1, 1973, a building permit has been obtained and substantial work has been done, and substantial liability has been incurred, all in good faith reliance upon permits obtained, provided the project complies and permits issued comply with all laws applicable at the time permits are issued. Once a land owner has secured a vested right, governmental bodies may not, by virtue of a subsequent change in zoning laws, prohibit construction duly and properly authorized by the permit upon which the developer relied.
Vested rights may be achieved by the filing of vesting tentative maps and development agreements, which are consistent with all of the provisions of the certified LCP.
View Corridor. The line of sight, identified as to height, width, and distance, of an observer looking toward an object of significance to the community (e.g., ridgeline, river, historic building, etc.).
Viewshed. The area within view from a defined observation point.
Volume-to-Capacity Ratio. The ratio of demand flow rate to capacity for a traffic facility.
18.45.130 - Definitions (W)
Warehousing Use. A use engaged in storage, wholesaling, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive.
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 155 -
Watershed. The total area above a given point on a waterway that contributes water to its flow; the entire region drained by a waterway or watercourse which drains into a lake, reservoir or stream.
Waterway. Natural or once-natural flowing (perennially or intermittently) water including rivers, streams, and creeks; includes natural waterways that have been channelized, but does not include manmade channels, ditches, and underground drainage and sewage systems.
Wetland.
(1) Wetland means lands which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetlands are usually lands where the water table is at, near or above the land surface long enough to do either of the following: (a) promote the formation of (hydric) soils that are saturated with water at or near the surface and are deficient of oxygen long enough during the growing season to result in soil properties that reflect dominate wetness characteristics near the soils surface (within 10 inches); or (b) support the growth of hydrophytic plants which grow in water or in wet habitats, and include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. The upland limit of a wetland shall be defined as:
(a) The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;
(b) The boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
(c) In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not. (2) The term “wetland” shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:
(a) The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and
(b) There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.
Workplace Use. Businesses, from office to research and development to light industry to warehousing, located in structures built with open floor plans, so as to leave most interior improvements to the tenants to design to their needs.
18.45.135 - Definitions (X) Reserved.
18.45.140- Definitions (Y)
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 156 -
Yard. An open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building.
Yard, Front. A yard extending the full width of the lot abutting the front lot line.
Yard, Rear. A yard extending the full width of the lot abutting the rear lot line.
Yard, Side. A yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists, and abutting the side lot line.
18.45.145 - Definitions (Z)
Zone. A portion of the territory of the city of Point Arena within which certain uniform regulations and requirements or combination thereof apply under the provisions of this title. See also “Land Use Categories.”
Zoning. The division of the city by legislative regulations into areas, or zones, which specify allowable uses for real property, and size restrictions for buildings within these areas; a set of regulations and standards that carry out policies of the general plan.
Zoning District. A designated section of the city for which prescribed land use requirements and building and development standards are uniform. See also “Land Use Categories.” [Ord. 179, 2001; Ord. 243 § 10.03, 2024.]
Section 11. Environmental Compliance. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; CEQA) does not apply to activities and approvals by a local government as necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal Act (Public Resources Code Section 30000 et seq.), and as provided by Section 15265 of the CEQA Guidelines (14 Cal. Code Regs, Section 15000 et seq.), the burden of CEQA compliance for local coastal programs is shifted from the City to the California Coastal Commission.
Section 12. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 13. Effective Date. This ordinance shall become effective upon certification by the California Coastal Commission.
This ordinance was introduced by the City Council of the City of Point Arena, County of Mendocino, at a regular meeting thereof on the __ day of __, 2024 and passed and adopted on the __ day of __, 2024, by the following roll call vote:
AYES:
Resolution No. 2024-06
Exhibit B
Ordinance No. 243 (04/23/24)
- 157 -
NOES:
ABSENT:
ABSTAINING:
SO ORDERED ATTEST
____________________ ____________________
Barbara Burkey, Mayor Paul Andersen, City Clerk