Second Reading and Adoption of Ordinance No 243 Updating City of Point Arena Gen — Point Arena City Council, April 23, 2024 (part 1 of 2)

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POINT ARENA CITY COUNCIL

AGENDA ITEM SUMMARY
AGENDA ITEM: VIII A
MEETING DATE: 4/23/2024
TITLE
Amendments to the City of Point Arena Local Coastal Program to Implement State Housing Laws, Streamline Permitting Procedures, Modify Development Standards to Encourage More Housing Development, and Reorganize the Zoning Ordinance

RECOMMENDED ACTIONS

1. Conduct public hearing.

2. By motion, waive the second reading of the text of Ordinance No. 243 (OA #2024-01) and adopt the ordinance, rescinding, Title 18 - Zoning, of the City of Point Arena Municipal Code and adopting a new Title 18, Zoning to implement State housing laws, streamline permitting procedures, modify development standards to encourage housing development, and reorganize the zoning ordinance.

3. By motion, adopt Resolution No. 2024-06 approving amendments to the LCP Land Use Plan (GP #2024-01) and authorizing submittal of an LCP amendment application (LCP #01-24) to the California Coastal Commission.

ANALYSIS
The Council received a full staff report for the March 28, 2024 public hearing on the proposed LCP Amendments to implement State housing laws and the City's Housing Element policies. The staff report included a summary of the amendments, so that is not duplicated in this report.

On April 23, 2024, the City Council will conduct a second public hearing and consider actions to adopt the LCP Amendments and to direct that the amendments be submitted to the California Coastal Commission for certification.

Attachment 1 to this staff report presents the three documents that comprise the LCP Amendment as follows:
▪ Attachment 1 is City Council Resolution No. 2024-06 to adopt the amendments to the City's General Plan/LCP Land Use Plan (GP #2024-01) and to authorize submittal of an LCP amendment application (LCP #1-24) to the California Coastal Commission comprised of amendments to the LCP Land Use Plan (GP #2024-01) and amendments to the LCP Implementation Program (OA #2024-01; i.e., Ordinance No. 243). - 2 -
▪ Exhibit A to the Resolution presents the LCP Land Use Plan amendments. These amendments are necessary to achieve consistency between the proposed Zoning Ordinance amendments and the LCP Land Use Plan.
▪ Exhibit B to the Resolution presents the Zoning Ordinance amendments. These amendments reorganize the zoning ordinance to make it easier to use, implement State housing laws and the City's Housing Element policies and programs, streamline the development review process and permitting procedures, and modify certain development standards to encourage housing development.

Please note that the "redline" versions of Exhibits A and B are available on the City's website at https://pointarena.ca.gov/housing/.

If the LCP Amendments are certified by the Coastal Commission without any modifications, they will take effect immediately upon that action. If, as is usually the case, the Coastal Commission's action includes "suggested modifications," additional action will be required by the City Council to accept those modifications and incorporate them into the Zoning Ordinance and the LCP Land Use Plan. The amendments will not take effect until they are fully certified by the Coastal Commission.

It is noted that the City bifurcated its LCP Amendments in order for the Accessory Dwelling Unit (ADU) amendments to proceed in advance of this second, more complicated, package of amendments. Unfortunately, as a result of City staffing challenges at the end of 2023, the ADU amendments have not yet been submitted to the Coastal Commission. At this time, we recommend that the most efficient way to proceed is to request that the Coastal Commission process the ADU amendments with this LCP Amendment rather than proceeding sequentially. The Resolution has been drafted accordingly.

Attachment 2 to this staff report presents a summary of comments received on the LCP Amendments and responses to those comments.

FISCAL IMPACT
Costs associated with this LCP Amendment are reimbursable by an SB2 grant and a Local Early Action Planning (LEAP) grant from the State Department of Housing & Community Development (HCD).

ATTACHMENTS

1. City Council Resolution No. 2024-06
Exhibit A: General Plan/LCP Land Use Plan Amendments
Exhibit B: Ordinance No. 243, Zoning Ordinance (LCP Implementation Program) Amendments

2. Responses to Comments Received on Public Review Draft LCP Amendments - 1 -
ATTACHMENT 2

POINT ARENA LCP AMENDMENTS FOR HOUSING

RESPONSES TO COMMENTS RECEIVED ON PUBLIC REVIEW DRAFT LCP AMENDMENTS à Commenter #1: March 25, 2024 email from Alan Levine for Coast AcKon Group

1. Is the City of Pt. Arena obligated, under current State Statute, to meet those build out requirements? A legal analysis of this subject needs to be presented and assessed.

Response: California housing law does not require cities to meet their build-out projections.

However, the State has enacted various laws aimed at addressing housing needs and promoting housing development. These include the Regional Housing Needs Allocation (RHNA), and the required Housing Element updates every eight years. This LCP Amendment is intended to help Point Arena implement the policies of its certified Housing Element and comply with its RHNA objectives.

2. These newly proposed zoning standards meet requirements for areas in the State that are transit corridors. Pt. Arena is not a transit corridor.

Response: Commenter may be referring to the parking standards for ADUs which were approved by the City Council on September 26, 2023. The issue of exempting ADUs within one-half mile of a bus stop from the requirement to provide off-street parking was discussed at a number of City Council meetings. Per Government Code Section 65852.2, local jurisdictions are prohibited from requiring parking for ADUs that are "located within half a mile of public transit." The provision does not use the term "transit corridor," nor does it address the frequency of the public transit service. It refers only to the distance of the ADU from the public transit stop.

3. It is a legal requirement under CEQA to consider all possible alternatives to this project.

Findings, supported with a logical thought process, including analysis of alternatives, must be part of the decision-making process.

Response: The City Council has discussed and received public input on all of the proposed zoning changes at 13 public workshops, study sessions, and hearings. The public record includes meeting notices, press releases, staff reports, presentations, and meeting videos.

The Resolution for adoption of the LCP Amendments provides findings supporting the Council's actions.

4. If the City of Pt. Arena wants to support low-cost housing, then Zoning Code should be adjusted to include non-standard building practices (to be approved by the County and consistent with the County Class K ordinance).
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Response: Building standards are governed by building codes, not the Zoning Code. If the City Council wants to adopt Class K standards, it would need to go through a process of drafting the amendments (presumably based on the County's Class K ordinance, see Mendocino County Code Chapter 18.23), adopting them, and modifying the City's contract with the Mendocino County Department of Planning & Building Services to provide for implementation of the alternative building standards.

5. Different classifications in the Zoning Code call for a CDP for Water Tanks. This is not clearly defined. I believe that there is no justification for this language for smaller water tanks (under 2500 gallons). People wanting to install smaller water tanks for fire and rain water catchment need not be subject to a CDP. The Zoning Code needs to differentiate between smaller and larger water tanks that might need a CDP.

Response: The LCP Amendments focus on implementacon of the City's Housing Element policies and programs and amendments necessary to achieve consistency with State Housing laws. The City could put this item on a list of potencal "clean up" amendments for future consideracon.
à Commenter #2: March 25, 2024 email and two March 28, 2024 follow-up emails from Eric Dahlhoff

6. I note that the City “reaffirms its intent to uphold the terms” of the MOU regarding the Phased Development in the Hay Annexation (Sec. 6 LUP).

Response: Comment noted.

7. Many of the changes proposed in this amendment are intended to result in an increase of the maximum “build-out” for Point Arena. What is the new “build-out” figure and the increase compared to the current General Plan/LCP? I have been unable to find documentation for this, and it needs to be included as part of the public review of the amendment.

Response: These LCP Amendments are intended to encourage additional housing development in Point Arena, particularly in zoning districts that can accommodate multifamily housing. Point Arena's "certified buildout" under the existing LCP, including accessory dwelling units, is 1,350 dwelling units - a number that is exponentially (6x) greater than the 225 existing dwelling units counted by the 2020 US Census. According to Census data, between 1990 and 2020, a total of 22 dwelling units were added to Point Arena's housing stock. Based on historical growth rates (i.e., less than one unit per year), a 1,350-unit buildout in Point Arena is beyond any reasonable planning time horizon.

A more useful tool in estimating residential development potential is the City's Housing Element (2019-2027) which identifies a potential for 282 new residential units on vacant parcels throughout the City. The LCP Amendment changes the MR zone to increase the allowable density from 7.5 units per acre to 15 units per acre. Table 2.3 of the Housing Element presents "Residential Development Potential on Vacant Land Suitable for - 3 -
Affordable Housing." It identifies 3.03 acres of vacant MR-zoned land which, at 7.5 units per acre, could accommodate 23 units. A doubling of density would potentially enable development of 46 units, representing a 23-unit increase. Additionally, the Hay Annexation area includes a 3-acre parcel with MR zoning that was not included in Housing Element Table 2.3. This parcel has a potential maximum buildout of 23 units under current zoning.

The proposed increase to 15 units/acre for the MR district would double that maximum buildout potential. In total, the density change for the MR district would allow for a maximum of 46 new units on vacant land within the MR district plus some infill development potential. It should be noted that multiplying parcel size by maximum buildout does not yield realistic buildout assumptions. The Housing Element notes that a "realistic unit capacity" would assume a 40% density reduction over the maximum buildout to account for potential site constraints. The Coastal Commission applied a 20% density reduction in its buildout calculations for the existing LCP.

The changes to the HWC zoning would not increase potential buildout, as the 15 unit/acre buildout (93 units) was included in the existing LCP buildout projections. The LCP Amendment would allow the same density of housing on HWC parcels, but residential uses would not be restricted to no more than 25% of the land area and the rear 40% of the parcels.

8. Density of Multi-Family (MFR) Zoning is proposed to double from 7.5/acre to 15/acre. Since MFR is required to connect to both sewer and water service, adequate water and sewer will need to be shown to exist, as part of the Environmental Review this amendment. I have been unable to find documentation for this, and it needs to be included as part of the Environmental Review of the amendment.

Response: As explained in the response to #7, above, the increase in density in the MR Zone is estimated to result in a potential for 23 additional dwelling units. As explained in the buildout analysis for the existing LCP, the private water system that serves much of the City (Point Arena Water Works) and the City's wastewater system lack the capacity to serve full residential buildout along with buildout of commercial, visitor-serving and other priority uses. The Coastal Commission added policies to the 2006 LCP that require new development to demonstrate the adequacy of services prior to approval of coastal development permits. Those policies will remain in effect.

9. Changes to the Highway Commercial (HWC) Zoning appear to significantly increase the possible residential density. Like MFR above, adequate sewer and water capacity need to be documented.

Response: As noted in the response to #7, above, the amendments to the HWC zone would not increase the residential density as the 15/unit per acre density is unchanged.

10. If water and sewer are determined to be inadequate to support the proposed “build-out” then a mechanism to trigger a building moratorium should be included. - 4 -
Response: Under the current LCP, water and sewer are inadequate to support the 1,350 dwelling unit buildout projections. When the City's current LCP was approved, the Coastal Commission added policy language requiring that appropriate and adequate water and sewer services as well as adequate roadway capacity must be demonstrated prior to approval of development in the UR and MR districts. In the C and HWC districts, this same language was added, plus policy language was added to require denial of applications for new residential development that would "displace present or future priority uses, inconsistent with Coastal Act sections 30222, 30223, and 30255." These provisions are not changed by the new LCP Amendment.

11. Regarding GenPlan/LUP Chapter III, Land Use and Development Element, Section 8. I found that Sec. 8.4. SPECIAL AREAS (F) Special Planned Development has been removed, but this is not noted in either the Public Review Redlined/Strikeout document or the version available from the Meeting Agenda.

Response: A subsequent email from Mr. Dahlhoff explained that this comment was in error, as a Section 8.4(F) was not included in the certified version of the LCP.

12. I also found that Sec. 8.5 SPECIAL NOTE has been removed and is also not noted. Please correct and/or explain.

Response: LUP Chapter III, Land Use and Development Element, Section 8.5, is not modified or deleted by the LCP Amendment. However, the commenter's confusion is understandable as Section 8.5 was not restated in the LUP amendment. This error is corrected by revising the heading for the amendments to Chapter III, Section 8 to specify the subsections which are amended, as follows:

Section 2. Chapter III, Land Use and Development Element, Section 8 "Land-Use Categories and Descriptions", Subsections 8.1 through 8.4, is are amended as follows:
à Commenter #3: March 22, 2024 email from Amber LeaviV, California Coastal Commission Note: It is recommended that the revisions to the amended Zoning Code, as referenced below, be included with the City's LCP Amendment submittal to the Coastal Commission as requested "friendly modifications." The revisions provide clarification.

13. Re: Seccon 18.15.035(1)(f): It's a little unclear from this language if only one of these types of residences is allowed or one of each is allowed. Recommend clarifying and ensuring consistency with agriculture protection policies.

Response: The provision refers to allowable uses within a single-family dwelling. Clarifying language will be requested as a "friendly modification" in the City's LCP Amendment submittal.
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14. Re: Section 18.25.060(2)(b): Add "as outlined in this section" or something to make clear that LCP provisions regarding coastal resources and public access continue to apply (and aren't superseded by DBL provisions).

Response: Clarifying language noting that density bonus provisions shall not supersede coastal resource protection and public access policies will be requested as a "friendly modification" in the City's LCP Amendment submittal.

15. Recommend ensuring that this ordinance includes or incorporates the requirements of Gov.

Code section 65915(c)(3) regarding replacement units.

Response: Additional language to reference Government Code requirements for replacement units will be requested as a "friendly modification" in the City's LCP Amendment submittal.

16. Re: Section 18.25.060(3), paragraph 2: Consider adding local coastal plan to this list.

Response: Suggested revision will be requested as a "friendly modification" in the City's LCP Amendment submittal.

17. Re: Section 18.25.060(8)(a)(ii): Should this be "zoning" instead of "development", or does the City not have mixed use zoning where these provisions could apply? Response: We believe that use of the word "development" in this provision provides more clarity for implementation.

18. Re: Section 18.25.060(8)(c)(ii): Recommend adding: inconsistent with the coastal resource protection policies, and where applicable, the public access requirements of the Point Arena certified LCP. This way, an incentive that does not impact coastal resources or public access could be allowed even if inconsistent with the development standards of the LCP.

Response: Suggested revision will be requested as a "friendly modification" in the City's LCP Amendment submittal.

19. Re: Section 18.25.060(8)(d)(i): Recommend adding: inconsistent with the coastal resource protection policies, and where applicable, the public access requirements of the Point Arena certified LCP. This way, a waiver that does not impact coastal resources or public access could be allowed even if inconsistent with the development standards of the LCP.

Response: Suggested revision will be requested as a "friendly modification" in the City's LCP Amendment submittal.

20. Re: Section 18.25.060(10)(b): Recommend confirming that this language is consistent with [Gov't Code] Section 65915(t).

Response: Clarifying language will be requested as a "friendly modification" in the City's LCP Amendment submittal.

21. Re: Section 18.25.065(3)(b)(iv)(B): Does this apply to CDPs as well? Consider specifying if it does not.
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Response: The provision does not apply to CDPs, CDP exemptions and Categorical Exclusions. Clarifying language will be requested as a "friendly modification" in the City's LCP Amendment submittal.

22. Re: Section 18.25.070(3)(d): This seems to be missing a number in the highlighted phrase.

Response: A correction to insert "one" will be requested as a "friendly modification" in the City's LCP Amendment submittal.

23. Re: Section 18.25.070(3)(i): Specifying "commercial" agricultural production here would incorporate the definition of commercial ag.

Response: Insertion of "commercial" in this provision will be requested as a "friendly modification" in the City's LCP Amendment submittal.

24. Re: Section 18.35.115(4)(a): Recommend considering whether this section requires any changes for consistency with the DBL section that allows DBL projects even if inconsistent with some LCP requirements as long as they are consistent with the coastal resource and public access requirements.

Response: Clarifying language will be requested as a "friendly modification" in the City's LCP Amendment submittal.

Re: April 23, 2024 Public Hearing:

Ordinance 243 Updating General Plan/Zoning ( LUP/LCP Amendments) April 19, 2024
Dear City Council,
For the first hearing on these LCP changes I focused on questions of build-out and infrastructure requirements. I have one further comment, regarding the overlying policy of the proposed LUP/LCP changes, which I will paraphrase as “Residential at all cost”.

I submitted this opinion at the beginning of the planning process and I’ll repeat it here at the end. (So that in 20 years I can say “I told you so”.) For Highway Commercial zoning, the current LCP limits the placement of residential units to the rear 40% of a lot and a maximum of 25% of lot area. This policy was put there to safeguard the limited amount of HWC for appropriate uses, and at the same time to give incentives to higher density (lower cost) housing.

I believe that removing those residential limitations is short sighted. This will likely lead to using up the last vacant HWC in town for lower density, higher cost, residential.

It’s well known that residential development does not generate as much tax as it costs to maintain. The City needs commercial development to pay the bills. We need something like a large store, similar to Manchester or Gualala. Converting all the HWC in town to residential is a bad policy goal and will only cause problems in the future.

Thank you for the opportunity to comment.

Eric Dahlhoff
PO Box 543
Point Arena, CA 95468
707-882-3127
Email: [email protected]
1 [email protected]
From: [email protected]
Sent: Sunday, April 21, 2024 12:22 PM
To: Eric Dahlhoff; [email protected], City Council <[email protected]; City Manager; Linda Ruffing
Subject: Reply to the City of Pt. Arena and to be added to the Comment File : More Comments on Amendments to the General Plan Regarding Housing
Attachments: Comments to LUP_LCP Ammendment 2024_04_23.pdf Reply to the City of Pt. Arena and to be added to the Comment File :

More Comments on Amendments to the General Plan Regarding Housing Mr. Dahlhoff is correct in his comments.

With this proposed Zoning and LCP change the City is diminishing the availability of HWY commercial and the availability of low cost housing and live/work potential - that was part of the original purpose and plan to solve housing and commercial issues.

The City, with the proposed changes as they stand now, must make findings supported by a deliberative process - with language consisting of logical reasoning displaying the thought process supporting the City's final conclusions - supported by evidence and analysis. Also included, as stated previously, the City must consider all feasible alternatives with analysis of same and findings (supported by the same CEQA mandated framework as noted above - evidence and conclusory process). Court decisions supporting the above statement indicate that such supporting deliberative process must take place - in depth. Thus, it is clear that that the City must consider and make adjustments that are consistent with Mr. Dahlhoff's arguments and Coast Action Groups previous comments to the file.

Thus, without more consideration, deliberation, and adjustment, and work on Findings of Fact, these Zoning changes and LCP Amendment are not is a sufficient state to be considered for approval. And...a Negative Declaration is not justified. Furthermore: The Common Sense Exemption is not applicable.

In other words. Fix it. It can be done.

Furthermore: It is my understanding that there is, or may be soon, pending legislation offering adjustments to the State housing requirements for smaller cities in rural areas. The City might benefit from looking into this and, thus, not rush into a problem.

Alan Levine for Coast Action Group.
-------- Original Message --------
Subject: More Comments on Amendments to the General Plan Regarding Housing Date: 2024-04-19 10:41 am
From: Eric Dahlhoff <[email protected]>
To: City of Point Arena <[email protected]>, City Council <[email protected]>, City Manager <[email protected]>, Linda Ruffing <[email protected]> Hello again City Council and Staff,
2 Attached are my new comments for the upcoming Public Hearing (4/23/2024) on the GP/LCP Amendments.

Please make sure they get to where they need to.

Thanks and have a fun, fringy weekend,
Eric Dahlhoff
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SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF POINT ARENA RESCINDING IN ITS ENTIRETY,
TITLE 18, ZONING, OF THE CITY OF POINT ARENA
MUNICIPAL CODE AND ADOPTING A NEW TITLE 18, ZONING
(SECTIONS 18.05.010 THROUGH 18.45.145) TO REORGANIZE

THE ZONING ORDINANCE, IMPLEMENT STATE HOUSING

LAWS, STREAMLINE PERMITTING PROCEDURES, AND

MODIFY DEVELOPMENT STANDARDS TO ENCOURAGE

HOUSING DEVELOPMENT
NOTICE IS HEREBY GIVEN that on April 23, 2024, the City Council of the City of Point Arena will consider adoption of Ordinance No. 243. This Ordinance rescinds the City's current zoning ordinance and replaces it with a reorganized ordinance with modifications to development standards and procedures that are intended to help stimulate more housing production in Point Arena, streamline the permitting process for residential development, implement various policies and programs in the City's Housing Element, and make the City's Zoning Code easier to use. The Ordinance:
(1) Reorganizes the Zoning Ordinance which necessitated changing all section numbers and cross-references and
adding three new Chapters.
(2) Carried forward changes relating to Accessory Dwelling Units, as approved by the City Council in Ordinance No. 242, adopted September 26, 2023.
(3) Added language allowing employee housing, including farmworker housing, supportive and transitional housing, group homes in all residential zones and the Residential Agriculture (RA) zone. Added language allowing employee housing, including farmworker housing in the Agricultural Exclusive (AE) zone.
(4) Allowed Supportive Housing Development, Low Barrier Navigation Centers, and SRO housing, group homes, and
employee housing in Core Commercial (C) and Highway
Commercial (HWC) zones.
(5) Added new regulations for density bonuses and affordable housing incentives, emergency shelters and low barrier
navigation centers, employee housing including farmworker housing, group homes, SRO housing, and supportive
housing developments.
(6) Modified the Multifamily Residential (MR) zone to reduce the maximum residential density from one dwelling unit per
5,800 square feet to one unit per 2,900 square feet.
(7) Eliminated requirement that residential uses in Highway Commercial (HWC) zone be restricted to the rear 40% of a parcel and occupy no more than 25% of the land area of the parcel.
(8) Eliminated requirements for Planned Residential
Development (PRD) and Comprehensive Development
Plans. Reorganized provisions for Site Development and
Architectural Review (SDAR); added new provisions for
Planned Development permit (PD) process.
(9) Established a process whereby permit extensions may be granted.
(10) Created new Chapter 18.45 Definitions which includes definitions previously housed in Appendix A, plus new and updated definitions.

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.

A copy of the full text of this ordinance is available at Point Arena City Hall, 451 School Street, Point Arena, California, during regular business hours.

PUBLISHED: April 11, 2024
/s/ Paul Andersen, City Clerk

CITY OF POINT ARENA, OFFICE OF THE CITY CLERK
ORDINANCE NO. 243

PRE-PUBLICATION
PROOF
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Independent Coast Observer
April 12, 2024

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SUBMIT CORRECTIONS
BY 12:00 NOON WEDNESDAY

INDEPENDENT COAST OBSERVER

GUALALA, CALIFORNIA
FAX (707) 884-1710
Phone (707) 884-3501
(8001) April 12, 2024
To: Fax 882-2124
To: Fax 882-2124
Public Notice
NOTICE IS HEREBY GIVEN that the Point Arena City Council will conduct a public hearing at City Hall, 451 School Street, Point Arena, CA, and via Zoom on Tuesday, April 23, 2024, at 6:00 p. m., or as soon thereafter as possible, on the following:

CASE: LCP #1-24; GP #2024-01; OA #2024-01
APPLICANT: City of Point Arena
REQUEST: Consider amendments to Point Arena Local
Coastal Program (LCP) including the Point Arena General Plan/LCP Land Use Plan and the Point Arena Zoning Code/LCP Implementation Program. Recommended actions: (1) Conduct public hearing; (2) Review and adopt resolution approving amendments to the Point Arena General Plan/Local Coastal Plan (GP #2024-01) and authorizing submittal of an LCP Amendment application; and (3) Waive the second reading of the text, and adopt Ordinance No. 243, an ordinance amending the Point Arena Zoning Code (OA #2024-01) to address changes in State housing laws, to implement the City's Housing Element policies, to encourage more housing development within the City of Point Arena, and to reorganize the Zoning Code to make it more userfriendly.

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

PUBLIC HEARING DATE: April 23, 2024
ENVIRONMENTAL DETERMINATION: 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.

The Point Arena City Council is soliciting your input. All interested parties are invited to attend and be heard at this time. If you challenge the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. All documents are available for review in the City Clerk’s Office.

Should you desire to request notification of the City Council’s decision, you may do so in writing by providing a self-addressed stamped envelope to the City Clerk. For further information, contact the City of Point Arena:

Mailing Address: PO Box 67
Point Arena, CA 95468
City Hall Location: 451 School Street
Point Arena, CA 95468
Telephone: 707 882-2122
Website: https://pointarena.ca.gov
City Clerk
Publication Date: April 11, 2024

NOTICE OF PUBLIC HEARING FOR PROPOSED LOCAL

COASTAL PROGRAM (LCP) AMENDMENT UPDATING CITY

OF POINT ARENA GENERAL PLAN POLICIES AND ZONING

CODE REGULATIONS RELATING TO HOUSING &

REORGANIZING ZONING CODE PRE-PUBLICATION
PROOF
Legal ad to be published in
Independent Coast Observer
April 12, 2024

AD WILL RUN AS SHOWN

UNLESS YOU

SUBMIT CORRECTIONS
BY 12:00 NOON WEDNESDAY

INDEPENDENT COAST OBSERVER

GUALALA, CALIFORNIA
FAX (707) 884-1710
Phone (707) 884-3501
(7997) April 12, 2024
To: Fax
To: Fax
Public Notice
RESOLUTION NO. 2024-06

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POINT ARENA ADOPTING AN

AMENDMENT TO THE POINT ARENA GENERAL PLAN/LOCAL COASTAL PROGRAM LAND USE PLAN (GP #2024-01) AND AUTHORIZING SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT (LCP #1-24) APPLICATION TO THE CALIFORNIA COASTAL COMMISSION CONSISTING OF GP #2024-01 AND AN AMENDMENT TO TITLE 18 OF THE POINT ARENA MUNICIPAL CODE, ZONING, AS SET FORTH IN ORDINANCE NO. 243 (OA #2024-01)
WHEREAS, the City of Point Arena (City) desires to amend its certified Local Coastal Program (LCP) to address changes in State housing law, to implement its General Plan Housing Element policies, to streamline the development review process, to modify development standards to encourage housing development, and to reorganize its zoning ordinance to make it easier to use (the "LCP Amendments for Housing"); and
WHEREAS, the City of Point Arena held properly noticed public meetings, including community workshops, City Council study sessions, and public hearings, on June 21, 2022, July 26, 2022, October 18, 2022, December 13, 2022, February 7, 2023, February 13, 2023, May 9, 2023, August 22, 2023, September 26, 2023, October 24, 2023, and December 12, 2023, to review and discuss the LCP Amendments for Housing, which include amendments to the Point Arena General Plan/LCP Land Use Plan and to Point Arena Municipal Code, Title 20, Zoning (the LCP Implementation Program); and
WHEREAS, on August 22, 2023 and September 26, 2023, the City Council held properly noticed public hearings, after which it took actions to withdraw a previously submitted LCP Amendment application (LCP-1-PTA-21-0029-1) that addressed accessory dwelling units (ADUs), to adopt an LCP Amendment for ADUs, and to authorize submittal of an updated LCP Amendment application for ADUs that consisted of amendments to the Point Arena General Plan/LCP Land Use Plan (GP #2023-01) and amendments to Point Arena Municipal Code, Title 20, Zoning (OA #2023-01); and
WHEREAS, in accordance with applicable provisions of the law, on March 26, 2024 and April 23, 2024, the City Council held properly noticed public hearings to review a second set of LCP amendments (LCP #01-24) as part of the LCP Amendments for Housing that addresses changes in State housing law, implements General Plan Housing Element policies, streamlines the development review process, modifies development standards to encourage housing development, and reorganizes the zoning ordinance to make it easier to use; and WHEREAS, at the March 26, 2024 and April 23, 2024 public hearings, the City Council heard and received all relevant testimony and evidence presented orally or in writing regarding the LCP Amendment (LCP #01-24); and

Page 2 of 4 ends

WHEREAS, pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; CEQA) does not apply to activities and approvals by a local government as necessary for the preparation and adoption of a local coastal program pursuant to the California Coastal Act (Public Resources Code Section 30000 et seq.), and as provided by Section 15265 of the CEQA Guidelines (14 Cal. Code Regs, Section 15000 et seq.), the burden of CEQA compliance for local coastal programs is shifted from the City to the California Coastal Commission; and
WHEREAS, following a properly noticed public hearing held on March 26, 2024, the City Council introduced by title only and waived the full reading of the text, an ordinance amending the Point Arena Zoning Code (OA #2024-01) to implement the second part of the LCP Amendment on Housing; and
WHEREAS, following a properly noticed public hearing held on April 23, 2024, the City Council waived the second reading of OA #2024-01 and adopted Ordinance No. 243 amending the Point Arena Zoning Code to implement the LCP Amendments for Housing; and WHEREAS, the City Council has had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the City Council regarding the LCP Amendment (LCP #01-24).

NOW, THEREFORE, LET IT BE RESOLVED that the Point Arena City Council makes the following findings regarding LCP Amendment #01-24 which is comprised of GP #2024-01 and OA #2024-01:

1. The LCP Amendment is consistent with Coastal Act policies, including provisions related to the location of new development within existing developed areas able to accommodate it.

2. The LCP Amendment is consistent with Coastal Act policies promoting the protection, conservation, and enhancement of coastal resources, habitats and scenic qualities.

3. The LCP Amendment would have no effect on public access to the coast.

4. The LCP Amendment would increase the City's residential build-out potential by approximately 46 dwelling units. The LCP Amendment does not change existing LCP policies that require the demonstration of adequate water supply, sewage disposal capacity and traffic capacity prior to approval of new development and that reserve services for priority uses.

5. The LCP Amendment is consistent with and helps to implement the Point Arena General Plan, including the 2019-2027 Housing Element which encourages the development of an adequate supply of housing to meet the diverse needs of City residents and to comply with State housing laws.

6. The LCP Amendment streamlines the City's development review process by eliminating Planned Residential Development and Comprehensive Development Plan requirements, strengthening Site Development and Architectural Review requirements, and establishing a new Planned Development process.

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7. The LCP Amendment fully incorporates the LCP Amendment for ADUs (LCP #01-2023; GP #2023-01; OA #2023-01) as adopted by the City Council on September 26, 2023, with some minor corrections; and

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

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

BE IT FURTHER RESOLVED that the City Council hereby approves, for Coastal Act purposes, the amendments to the Point Arena General Plan/LCP Land Use Plan (GP #2024-01) that are attached to this Resolution as Exhibit A and incorporated herein by reference; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to submit to the California Coastal Commission for certification, the LCP Amendment for Housing (LCP #01-24) which is comprised of the General Plan/LCP Land Use Plan amendments (GP #2024-01) and the Zoning Code/Implementation Plan amendments (OA #2024-01) as adopted by Ordinance No. 243 and presented in Exhibit B to this Resolution and incorporated herein by reference; and
BE IT FURTHER RESOLVED that the City Council requests that the Coastal Commission process this LCP Amendment (LCP #01-24) as one unified LCP Amendment that fully incorporates the LCP Amendment for ADUs (LCP #01-23) which was approved by the City Council on September 26, 2023; and
BE IT FURTHER RESOLVED that LCP Amendment (LCP #01-24) shall take effect automatically upon Coastal Commission certification pursuant to Public Resources Code Section 30512, 30513, and 30519; and
BE IT FURTHER RESOLVED that the City Council designates the Point Arena City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision herein is based. These documents may be found at Point Arena City Hall, 451 School Street, Point Arena, California, 95468.

PASSED AND ADOPTED. The foregoing Resolution No. 2024-06 was passed and adopted at a regular meeting of the Point Arena City Council on the 23rd day of April 2024, by the following roll call vote. Motion by ______, Seconded by ______.

Ayes:

Noes:

Absent:

Abstain:

APPROVED: ATTEST:

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________________ _________________
Barbara Burkey, Mayor Peggy Ducey, Interim City Manager Exhibits:

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

Resolution No. 2024-06
Exhibit A

CITY OF POINT ARENA GENERAL PLAN/LCP LAND USE PLAN AMENDMENT (GP #2024-01)
Section 1. Chapter III, Land Use and Development Element, Section 7 "Overall Citywide Land-Use Policies and Programs"- Policies 8, 9, 12, 18, 20, 21, 25 and 30 - are amended to read as follows:

8. All developments in hazardous areas, and on severely constrained or unstable soils, shall be qualified as to the suitability of the site for the proposed development, pursuant to appropriate geological and soils engineering studies prior to approval to grade or develop any property public or private, and findings regarding the results of geologic and related investigations shall be made as per provisions of the Zoning Ordinance prior to the issuance of any permit.

9. All required qualifying investigations for grading, site preparation and development in hazardous and constrained areas shall be conducted by a licensed engineering geologist or registered civil engineer with expertise in soils or foundation engineering, and mitigation measures identified in these studies shall be required as a condition of all land preparation and development approvals, as per the Zoning Ordinance.

12. Individual mobile homes qualify as permissible single-family dwellings, and are permitted by right in all zones which allow residential uses as a permitted use. Mobile home parks may be permitted in the Highway Commercial (HWC) zone only, and are subject to securing a use permit and to coastal development permit requirements and all applicable policies of the LCP, including, but not limited to visual resource protection policies and water quality policies.

18. An Architectural and Historic Preservation Element, an inventory of which has been prepared for the City by the State of California, shall be prepared and adopted as soon as possible. In the interim the Planning Commission or the Design Assistance Committee shall be responsible for implementing the requirements governing such assets in accordance with the provisions of the Zoning Ordinance.

20. Site and building designs shall comply with the requirements of the LCP, including but not limited to Zoning Ordinance provisions governing signs, landscaping and screening, site preparation and development, and building design, and visual resource protection policies of Chapter X and Chapter VI of the General Plan/LUP, and shall be subject to review and approval by the Design Assistance Committee, as provided in the Zoning Ordinance.

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