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COASTAL DEVELOPMENT PERMIT 2024 02 695 Port Road

Point Arena City Council
June 25, 2024

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COASTAL DEVELOPMENT PERMIT 2024 02 695 Port Road
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June 25, 2024
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Point Arena City Council
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STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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APPLICANT: Station 314, LLC
OWNERS: Station 314, LLC
1500 W. Alhambra Road
Alhambra, CA 91801
AGENTS: Station 314, LLC
REQUEST: Coastal Development Permit (CDP 2024-2) and Use Permit (UP 2024-2) to: 1) repair and interior remodel of existing structures; 2) conversion of two structures (one large garage and one house) into lodging; 3) remodel the existing carriage house into a kitchen/bath for adjacent Airstream trailer; 4) install three new sewer lines and one new water line to connect existing structures to City water and sewer; and 5) install new business sign for inn.

LOCATION: In the Coastal Zone, in the City of Point Arena, Mendocino County, at 695 Port Road (027-041-11 and 027-041-47)
See Attachment 1: Location Map.

APPEALABLE AREA: Appealable
TOTAL ACREAGE: ±1.930 (027-041-11) and 2.009 acres (027-041-47) GENERAL PLAN: Harbor Commercial (HC)
ZONING: Harbor Commercial (HC)
EXISTING LAND USE(S): Three single-family dwelling units and various accessory structures.

ADJACENT LAND
USE(S):

North: Bureau of Land Management's (BLM) Point ArenaStornetta Unit South: Boat Dry Dock
East: Bureau of Land Management's (BLM) Point ArenaStornetta Unit West: Hotel, Motel and Residential

ENVIRONMENTAL
DETERMINATION:

Categorically exempt from CEQA—Class 4, Section 15303 (c, d, e): Conversion of Small Structures
PROJECT DESCRIPTION: Coastal Development Permit (CDP 2024-2) and Use Permit (UP 2024-2) to: 1) repair and interior remodel of existing structures; 2) conversion of two structures (one large garage and one house) into lodging; 3) remodel the existing carriage house into a kitchen/bath for adjacent Airstream trailer; 4) install three new sewer lines and one new water line to connect existing structures to City water and STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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sewer; and 5) Install a new business sign for Inn. All sewer and water lines will be installed in areas which have already been disturbed and are part of the overall development footprint.

APPEALS: This project is appealable to the Coastal Commission.

LOCAL COASTAL PROGRAM CONSISTENCY RECOMMENDATION: Staff recommends that the proposed project as conditioned is consistent with the applicable goals and policies of the Local Coastal Program (LCP) as described in further detail in this report.

SUMMARY OF REFERRAL AGENCY COMMENTS:

Coastal Commission
California Dept. of Fish and Wildlife
US Dept. of Fish and Wildlife
Manchester Band of Pomo No comment.

Dept. of Public Works

BACKGROUND
The property owners are requesting a CDP and Use Permit to make upgrades to their property to reestablish an inn. The applicant wants to remodel two buildings and restore the historic Creek House to serve as three visitor-serving accommodations. The historic inn, with outbuildings, parking, landscaping and related infrastructure is situated on the larger parcel. The smaller parcel has the Creek House, a small structure located near the south side of the parcel. The rest of the smaller parcel consists of a large undisturbed, steep and heavily vegetated riparian area.

The Mendocino Land Trust, Inc. (MLT) is pursuing a related CDP to build a public access trail connecting Arena Cove to the Stornetta Unit of the BLM through the larger parcel. The completion of the trail is contingent upon the donation of an easement to MLT by the landowners. These two CDPs are being processed separately at the request of both applicants, however, they do inform each other and should be considered at the same City Council meeting.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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GENERAL PLAN CONSISTENCY
The table below analyzes the projects consistency with relevant policies of the City’s General Plan.

Policy Number Project Conformance to Policy
Coastal Access Policies (E)

1. The City of Point Arena shall require a 25-foot-wide easement along all trails designated on the Opportunities and Constraints Map as a condition of approval to mitigate impacts of development that would require a coastal
development permit where such impacts cannot be
avoided. 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. Offers of dedication shall last for a period of 21 years from the date of recordation of the offer.

The proposed project is consistent
with this policy. The City’s
Opportunities and Constraints Map
does not include a trail alignment
through the applicant property.

However, the Biological and Trails
Map of the General Plan does
include a trail alignment on this
property. The applicant proposes
to provide a 15-foot easement to
the Mendocino Land Trust, which
is also required through Special
Condition 4. The Mendocino Land
Trust, property owner and the
Coastal Commission have agreed
to the 15-foot-wide trail alignment
because it is a voluntary easement
and the easement width is
constrained by an existing building
and the 15-foot easement is
adequate to establish an effective
trail.

9. New developments in the cove area shall be required to provide off-street parking to serve the approved use in order to minimize impacts to public parking available for coastal access and recreation and in order to distribute parking throughout the area; and,
The applicant’s proposed site plan
includes adequate off-street
parking specific to the expansion of
visitor serving accommodations on
the site.

10. The City shall protect, encourage, and, where feasible, provide lower-cost visitor and recreation facilities in the Cove area and other areas in the Town. The City shall
encourage, and give preference to, developments
providing public recreational opportunities, including a public park in Arena Cove.

The proposed project conforms
with this policy as it would increase
visitor serving accommodations.

The carriage house conversion in
combination with the RV space
would provide a lower cost visitor
serving accommodation.

Recreation Policies

1. The City shall reaffirm the policy statement of
establishing the priority of marine/coastal dependent
development in the wharf area, such as commercial and
recreational fishing, boat mooring, storage and launching, The proposed project includes the
dedication of a trail access which is
a coastal dependent use, and the
project will bring more visitors to
STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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and surfing. The cove shall be protected for such uses:
"The City of Point Arena, recognizing the key role that commercial and recreational fishing and boating plays in the local and regional coastal economy, shall continue to encourage the enhancement of coastal dependent
industry at Arena Cove by assigning a high priority status to improvement and/or expansion of existing coastal or
marine dependent uses at Arena Cove as well as
encouraging new uses which directly enhance or
supplement the existing commercial/recreational boating and fishing opportunities at the Cove."
the Cove to enjoy the beach and
fishing.

4. The use of private lands in the Cove suitable for visitorserving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry.

The proposed project complies
with this policy as it provides a
coastal trail easement which is a
type of coastal recreational facility.

6. Priority shall be given to the development of visitorserving and commercial recreational facilities designed to enhance public opportunities for coastal recreation. On land designated for visitor-serving commercial and/or
recreational facilities, priority shall be given to such use over private residential or general commercial
development. New visitor serving uses shall not displace existing low-cost, visitor-serving uses unless an equivalent replacement is provided.

The proposed project complies
with this policy. See above.

The proposed project would not
displace any existing low-cost
visitor-serving uses.

7. Adequate parking should be provided to serve coastal access and recreation uses to the extent feasible. Existing parking areas serving recreational uses shall not be
displaced unless a comparable replacement area is
provided.

The proposed project includes
private parking for the proposed
uses at the site and will not
displace existing parking areas that
serve coastal recreation.

LAND USE AND ZONING
Zoning / General Plan: The parcel is both zoned and designated by the Point Arena General Plan as Harbor Commercial (HC). 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 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.”
STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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The proposed project complies with the designation as it would include visitor-serving accommodations that would be connected to the City’s sewer and water systems. None of the proposed project is sited in wetlands, although the Creek House is located in a riparian buffer, which is analyzed in detail in the Natural Resources section of this report.

USE PERMIT ANALYSIS
Use Permit Analysis: The Harbor Commercial Zone (HC) allows new Bed and Breakfast Inns and Campgrounds with Use Permit approval. The applicant proposes to provide a one-site campground, and to remodel and repair three existing buildings which together would comprise a Bed and Breakfast Inn. The code requires any applicant proposing either of these uses to be subject to the following additional requirements:

Policy Compliance

18.4.09c Visitor-Serving Commercial Uses.
6) The visitor-serving uses conditionally allowed
under Section 4.09 (B) (2) & (3) of this Ordinance
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 coastaldependent uses whereas development on the hill slope would not preclude any coastal-dependent
uses. In no case shall more than 25% of the flats
portion of any parcel, excluding environmentally
sensitive habitat areas, be utilized for visitorserving 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.

The proposed project would be located
entirely on the sloped hillside of the Harbor
area and, as such, it is an appropriate
location for visitor-serving uses per the
code.
7) Each and all parcels in one ownership at
the date of adoption of this Ordinance 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 6.13 of this
Ordinance. Also, proposed development shall
comply with Section 8.4(A) of the Land Use and
Development Element of the Point Arena General
Plan.

The proposed project does not include
grading or new development. The project
may require the removal of one non-native
Monterey Cypress for the installation of the
water line to the Boathouse Cottage.

Special Condition 1 requires that the
applicant replant at least two native trees to
replace this removed tree. Additionally, the
project will require trenching for the water
and sewer lines. Trenching is not prohibited
by this section of the code.

Special Condition 1: The applicant shall plant two locally native trees if the non-native tree is removed to install the proposed water line.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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DEVELOPMENT STANDARDS
The project is consistent with the various applicable development standards of the HC zoning district as follows:

Requirement Conformance
Setbacks: front 20
feet; rear 15 feet;
side 10 feet.

Carriage house – does not comply with side yard setback to the west, as it is less than 15 feet from the property line. However, this is a legal preexisting non-conforming structure.

Boat house – appears to comply with the front yard setback, as it is slightly more than 20 feet from the property line. All other structures comply with all setbacks.

Height: 25 feet Not applicable as all buildings are historic and legal pre-existing.

Minimum lot area:
7,500 SF
Complies, as the lot sizes are ±1.930 (027-041-11) and 2.009 acres (027-041-47).

Minimum lot width:
60 feet.

Complies, as both lots are much wider than 60 feet.

Parking Standards. The project is consistent with parking requirements as described below. Sec. 5.28.B defines parking space requirements by proposed use. The table below includes all relevant off-street parking space requirements and provided spaces for each building. As noted in the table, the project provides more parking than required by the zoning code.

Parking Requirement Required Provided Conforms
Hotels, motels,
inns, rooming
houses
One space
per 1.5
sleeping
units.

Creek House (1 bed), large
garage (2 beds), carriage
house/RV (2 beds) = 5 beds
total, which would require three
parking spaces. (5/1.5 beds =

3.33 parking spaces).
4 spaces Yes
The applicant must provide one ADA space and one EV charging space per the Uniform Building Code. Additionally, the Project site does not include bicycle parking and Sec.

5.28.9 requires bicycle parking. Therefore, Special Condition 2 also requires that the applicant establish bicycle parking, an ADA space and an EV charging space.

Special Condition 2: The applicant shall designate an ADA parking space, an EV charging space and two bicycle parking spaces on the Site Plan for the Building Permit. These facilities shall be constructed prior to the final on the building permit.

Landscaping and Screening (Section 5.14): The Project application did not include a landscaping plan, and no new landscaping is proposed for the project. Site parking is STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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adequately screened with vegetation from the highway. The existing landscaping is adequately maintained in compliance with the zoning code. Special Condition 3 has been added to ensure that no new, non-native plants are planted within the creek buffer area.

Special Condition 3: The applicant shall plant only locally native plants or trees within 100 feet of the creek. All non-native, invasive species shall be targeted for removal from within the 100-foot buffer for a period of five years. Additionally, new landscape areas shall not be added to the site within the 100-foot creek buffer.

Site Development and Architectural Review (Section 5.15): The proposed Project is exempt from the requirements of Site Development and Architectural Review as the project consists of the interior remodeling of existing buildings on the site. Please see Attachment 3 to view exterior photos of the buildings.

PUBLIC ACCESS
The City’s LCP identifies a potential public access trail route through the eastern portion of this property (Attachment 4). However, the proposed alignment is in a mapped Environmentally Sensitive Habitat Area (ESHA), which is not a preferred location.

Additionally, the applicant has volunteered to dedicate a 15-foot-wide easement to the Mendocino Land Trust to establish a hiking trail through the west side of the property from BLM land to Port Road. This alternative alignment does not traverse ESHA. Staff has discussed this alternative alignment with Coastal Commission staff who have concurred with the proposed alignment and the proposed trail width. The proposed Trail Alignment is illustrated in Attachment 5.

Staff recommends Special Condition 4 to ensure that the easement is correctly defined and recorded.

Special Condition 4: The applicant shall submit to the City for approval, and subsequently record with the County Recorder, a 15-foot-wide easement that substantially conforms with the alignment as illustrated in Attachment 5 of the Staff Report. The easement shall be held by the Mendocino Land Trust. The easement shall be recorded prior to the final of any building permit or the approval of the business license to operate the proposed additional lodging facilities.

HAZARDS
Flooding: The property is located outside the 100-Year Flood Zone, according to the FEMA flood map (Flood Insurance Rate Map 060185-1740-G). Flood hazards are not anticipated to be an issue for this project.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Geology: The project is located in an area with steep slopes, according to the General Plan’s Natural Hazards Map. As shown on the map, both the carriage house and the Creek House are located on areas with steep slopes. The project site includes internal improvements to pre-existing buildings. Therefore, the project will not include any grading or construction of new foundations. A geotechnical study was prepared by Brunsing Associates, Inc. for the trail project, which concluded “the main geotechnical considerations affecting the design and construction of the project are weak soils, old fill, surface water runoff, old debris slide, and the potential for strong seismic shaking.” However, this report was specifically prepared for the trail project. As the applicant has not proposed to make any changes or additions to the foundations of the existing buildings, a soils report should be required if during the remodel and repair it is determined that existing foundations need to be replaced in whole or in part. Special Condition 5 has been added to require that work.

Special Condition 5: If, during construction, the applicant determines that an existing foundation should be replaced in whole or in part, a soils engineer shall complete a site visit and prepare a memo to the County Building Department if special measures are required to ensure that the resulting improvements are structurally stable.

Fire. The proposed project will not result in new fire risks as it consists of interior renovations to existing structures. The building permit will require the installation of a fire sprinkler system and water storage tank.

VISUAL RESOURCES
Visual resource policies apply to how development is viewed from public areas, with the intent that any adverse impacts to public views are avoided to the extent feasible.

While the proposed project is located within the City’s mapped viewshed, as depicted on the Point Arena Scenic Corridors map, the project would consist of restoring the exterior of three existing buildings and interior remodeling of the same three buildings.

Additionally, none of the proposed project work would be visible from the public right of way as evidenced by the photos below.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Photo 1: View of property (right) illustrating shrubs and trees which block views to the site.

Photo 2: View to the site (right) with a quick glimpse of the Coast Guard House.

Photo 3: View of the site (left) illustrating the quick glimpse of the garage and Coast Guard House The City Council can determine that the project does not create an adverse impact on scenic areas from scenic roads or public viewing areas.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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NATURAL RESOURCES
Section 18.25.220 provides standards for development to protect natural resources. This section includes policies prohibiting and regulating new development (including vegetation removal) within or adjacent to environmentally sensitive habitat areas (ESHAs), and ESHA buffer zones are required between proposed development and identified ESHA.

The applicant submitted a Biological Scoping Survey Report, authored by Dark Gulch Environmental Consulting. The report concluded that most of the site is developed and landscaped (1.82 acres) or composed of non-native grasslands (3.85 acres). However, there is a large riparian community of 1.35 acres on the site. Furthermore, the report identifies the following ESHA communities:
• Goodding’s willow – red willow riparian woodland and forest. This vegetation community is defined by Salix gooddingii and/or Salix laevigata is dominant or co-dominant in the tree or shrub canopy. The trees are less than 30 meters in height and the canopy is continuous and one or two tiered (Sayer et al. 2009). This community is ranked G4 S3.2 (Sawyer et al. 2009, CDFW 2023). This habitat type is present within the Study Area in an area that is undisturbed due to its steep elevation.
• Coastal bluff morning-glory (Calystegia purpurata ssp. saxicola). CNPS Rank 1B. High Potential (Obeserved). Coastal bluff morning-glory is a perennial forb in the morning-glory family (Convolvulaceae) that blooms from May to September. It typically occurs on bluffs within coastal dune and coastal scrub habitat at elevations ranging from 0 – 105 meters (CDFW 2023, CNPS 2023). Observed associated species include Bishop Pine (Pinus muricata), shore pine (Pinus contorta ssp. contorta), coyote brush (Baccharis pilularis), tree lupine (Lupinus arboreus), poison oak (Toxicodendron diversilobum), Douglas iris (Iris douglasiana), California blackberry (Rubus ursinus), sea lettuce (Dudleya farinosa), bracken fern (Pteridium aquilinum), ice plant (Carpobrotus edulis), seaside wooly sunflower (Eriophyllum staechadifolium), common velvet grass (Holcus lanatus), sweet vernal grass (Anthoxanthum odoratum), and little rattlesnake grass (Briza minor)(CDFW 2023, personal observation 2017, 2018, 2019, 2020, 2021, 2022, 2023). Coastal bluff morning-glory was initially evaluated to have a high potential to occur within the Study Area due to the presence of coastal scrub habitat and several associated species; This species was observed in one location to the west of the Creek House (see figure below).

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Special Status Wildlife Species
Per the Biological Scoping Survey Report, authored by Dark Gulch Environmental Consulting, Point Arena Mountain beaver, Sonoma tree vole, obscure bumble bee, western bumble bee, Townsends big-eared bat, California giant salamander, western pond turtle, North American porcupine, Gualala roach, lotis blue butterfly, northern redlegged frog, California red-legged frog, Behren’s silverspot butterfly and red-bellied newt were evaluated to have potential to occur within the Study Area. However, except for the obscure bumble bee, the other species were determined to not occur within the Study Area.
• Obscure bumble bee (Bombus occidentalis). CDFW Decreasing Population. High Potential. The Obscure bumble bees inhabits open grassy coastal prairies and Coast Range meadows. This species nests underground as well as above ground in abandoned bird nests. Nests are often located underground in abandoned rodent nests or above ground in tufts of grass, old bird nests, rock piles, or cavities in dead trees.

This species feeds on Ceonothus, Cirsium, Clarkia, Keckiella, Lathyrus, Lotus, Lupinus, Rhododendron, Rubus, Trifolium and Vaccinium (Williams et al. 2014). This species was observed on eight occasions during the protocol-level surveys conducted in 2023 concurrent with special-status plant species.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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PROJECT ALTERNATIVES AND REDUCED BUFFER ANALYSIS
Due to the nature of the proposed work (e.g. all work will fall within the footprint of the existing building envelope), no least damaging alternative location analysis was prepared by the biologist for this project. While the Creek House is located within the 100-foot ESHA buffer of the riparian area, all improvements to the cabin will be to the existing structure, with no expansion of the footprint. The new sewer utility connection will be within the already disturbed footprint of the cabin site.

The biological study includes a reduced buffer analysis to determine if proposed work on the Creek House (within the 100-foot riparian and morning glory buffer) is permissible.

The Biological Study concluded that the maintenance and repair work on the Creek House is permissible within the 100-foot buffer, so long as the following Special Conditions are implemented:

Special Condition 6: Targeted removal of invasive/exotic species.

Special Condition 7: Where feasible, utilize the existing landscaped/developed areas for staging and laydown area for all construction materials and planning.

Special Condition 8: Reseed and/or replant with fast-growing native herbaceous species to reinforce areas of loosened soil.

Special Condition 9: Develop a locally native plant landscaping plan and submit to the City of Point Arena prior to construction. The native landscaping plan shall be implemented prior to final on the building permit. The plan should include selected sites for planting native trees, shrubs and herbs that will enhance the coastal terrace prairie, as well as provide visual screening from neighboring properties.

Special Condition 10: Collect seed from the coastal bluff morning glory. Disperse the seeds in locations that are not subject to disturbance and that are at least 50 feet from any developed area (e.g., away from trails, work areas, and areas subject to ground disturbance).

Special Condition 11: Implement standard erosion control best management practices such as straw waddles, silt fencing, etc. to prevent sediment migration.

Where feasible, conduct work during the dry season to reduce sediment migration.

Special Condition 12: Reseed and/or replant with fast-growing, native herbaceous species atop disturbed areas.

Special Condition 13: During construction, materials, including but not limited to lumber, concrete, finish wares, hand tools, power tools, generators, vehicles, heavy equipment, should be laid down in areas such as the existing driveway and STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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in areas designated by high visibility construction fencing and other signage to reduce impacts. Spill prevention devices should be utilized for all toxic liquids including but not limited to gasoline, diesel, motor oil, solvents, paints and herbicides.

Special Condition 14: The bird breeding season typically extends from February to August. Ideally, the clearing of vegetation and the initiation of construction can be done in the non-breeding season between September and January. If these activities cannot be done in the non-breeding season, a qualified biologist shall perform pre-construction breeding bird surveys within 14 days of the onset of construction or clearing of vegetation and consult with California Department of Fish and Wildlife (CDFW). If active breeding bird nests are observed, no ground disturbance activities shall occur within a minimum 100-foot exclusion zone. These exclusion zones shall remain in place around the active nest until all young are no longer dependent upon the nest. A biologist should monitor the nest site weekly during breeding season to ensure the buffer is sufficient to protect against potential disturbances.

Additionally, staff and the CDFW recommend Special Condition 15 to protect ESHA.

Special Condition 15: Applicant shall implement the following measures to protect site ESHA:
a. The applicant shall install highly visible construction fencing around the location of the morning glory to ensure that employees and contractors do not use this area for staging or other construction-related activities. b. The applicant shall install temporary construction fencing creek side of the Creek House to stop further encroachment into the buffer. c. The applicant shall install permanent symbolic fencing (split rail or similar) at least 25 feet from the edge of the morning glory area to keep people out of the area post construction.
d. No future development is permissible within the 100-foot riparian buffer. e. The Creek House footprint shall not be expanded in the future.

With the implementation of these Special Conditions the project is consistent with the City’s natural resource protection policies.

ARCHAEOLOGICAL RESOURCES
A cultural resources inventory was prepared for the project, which explored both historic and prehistoric resources on site.

Historic Resources: The report indicated that the project location is within the Arena Cove Historic District (NPS#90001363), which was listed on the National Register of Historic STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Places (NRHP) in 1990 for its association with the history of maritime commerce at Arena Cove (Napoli and Lortie 1990) (Appendix A). The District contains 13 resources, all which contribute to its period of significance (1875-1933) (see Figure below). The resources include a boathouse, wharf master’s house, a shed, coast guard garage and shed, residence, captain’s house and garage, auxiliary building, water tanks, flagpole, shed and steps.

The applicant has proposed to add a dormer on the west façade and windows on the South and North façade to the large garage (#4 on map above). The new dormer would match the main house. See Attachment 3 to view the proposed new dormer. The Coast Guard garage is listed as a historic resource in the NRHP. However, the City’s zoning ordinance does not provide any criteria for review, nor does it provide limitations on remodeling.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Staff recommends that the remodel be approved subject to Special Condition 16 to require that the new windows and dormers exactly match the style of the existing windows and dormers in the main house, and that any new siding match the existing siding.

Special Condition 16: The new dormer, windows and siding for the Coast Guard garage shall match that of the captain’s house.

Prehistoric Resources: No Native American cultural resources were identified during this investigation or disclosed during tribal outreach and correspondence. The cultural resources investigation supports a finding that no substantial adverse change to a historical resource will occur (CEQA 15064.5 (a)) because of the construction of the project. The report recommends that the lead agency and the Mendocino Land Trust augment the interpretation of history at Arena Cove with the placement of an interpretive sign regarding past and present Native American ancestral use of the general area and the later American maritime commerce activities that continue to this day. This has been added as a Special Condition to the Mendocino Land Trust CDP staff report.

Furthermore, Staff recommends Special Condition 17 and 18 to address any accidental discovery.

Special Condition 17: Unanticipated Discovery of Cultural Resources.

If cultural resources are encountered during construction activities, all onsite work shall cease in the immediate area and within a 50-foot buffer of the discovery location. A qualified archaeologist will be retained to evaluate and assess the significance of the discovery, and develop and implement an avoidance or mitigation plan, as appropriate. For discoveries known or likely to be associated with Native American heritage (precontact sites and select historic period sites), the Manchester Band of Pomo Indians (contact: F. Jaime Cobarrubia, Chairperson, (707) 882-2788 or (707) 882-3417) should also be contacted immediately to evaluate the discovery and, in consultation with the project proponent, the County, and consulting archaeologist, develop a treatment plan in any instance where significant impacts cannot be avoided. Precontact materials which could be encountered include obsidian and chert debitage or formal tools, grinding implements, (e.g., pestles, handstones, bowl mortars, slabs), locally darkened midden, deposits of shell, faunal remains, and human burials. Historic archaeological discoveries may include 19th century building foundations, structural remains, or concentrations of artifacts made of glass, ceramics, metal or other materials found in buried pits, wells or privies.

Special Condition 18: Encountering Native American Remains.

If potential human remains are discovered during the project, the following steps will be taken:
• Stop all work within 100 feet;
STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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• Immediately contact the City of Point Arena and the county coroner; • Secure location, but do not touch or remove remains and associated artifacts;
• Do not remove associated spoils or pick through them; • Record the location and keep notes of all calls and events; and • Treat the find as confidential and do not publicly disclose the location.

Provided these treatment measures are taken during the inadvertent discovery of archaeological resources or human remains, the project will not have a significant impact on cultural resources and is consistent with the City’s cultural resource protection policies.

PROJECT FINDINGS AND CONDITIONS
Recommended Action
Approve CDP 2024-02 and Use Permit 2024-02 subject to the findings, standard conditions, and Special Conditions of approval as supported by the analysis of the staff report.

Coastal Development Permit Findings (18.30.080)

1. The proposed development as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the city of Point Arena’s certified local coastal program and will not adversely affect coastal resources.

2. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment.

3. The proposed use is consistent with the purposes of the zone in which the site is located.

4. The proposed development is in conformance with the city of Point Arena’s general plan.

5. 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.

6. 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.

Required Findings for Development Located within ESHA and ESHA Buffers Sec. 5.22

1. 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.

2. The proposed development is compatible with the continuance of such habitat areas.

3. Soils and vegetation removal and disturbances shall be minimized.

4. Non-native vegetation shall not be planted except for the continuance of existing agricultural practices.

STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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Use Permit Findings

1. That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and

2. That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to:
a) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; and
b) The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading; and
c) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; and
d) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and

3. That such use or feature as proposed will comply with the applicable provisions of this ordinance, will be consistent with the policies and programs of the General Plan, and will assist in carrying out and be in conformity with the Point Arena Coastal Program; and

4. That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives or feasible mitigation measures as provided in the California Environmental Quality Act (CEQA), which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and

5. When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is greater, that:
a) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence; and
b) The development adequately protects public views from any public road or from a recreational area to, and along, the coast; and
c) The development is compatible with the established physical scale of the area; and
d) The development does not significantly alter existing natural landforms; and e) The development complies with shoreline erosion and geologic setback requirements; and

6.That the remainder of the project is composed of permitted uses that are permitted by right in District.

Standard Conditions

1. This action shall become final on the date of approval. No appeal periods apply. The permit shall expire and become null and void at the expiration of two years after the effective STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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date, except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.

To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date.

The City will not provide a notice prior to the expiration date.

2. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 18 of the Point Arena Municipal Code.

3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the City of Point Arena Planning Commission or its successor agency.

4. This permit shall be subject to the securing of all necessary permits for the proposed development from City, State and Federal agencies having jurisdiction.

5. The applicant shall secure all required building permits for the proposed project as required by the Building Inspection Division of the Mendocino County Department of Planning and Building Services.

6. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:
a. The permit was obtained or extended by fraud.
b. One or more of the conditions upon which the permit was granted have been violated. c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance.
d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective or has enjoined or otherwise prohibited the enforcement or operation of one or more such conditions.

7. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.

8. A two-year limitation applies to all coastal development, variance, conditional use, design review, planned residential development, or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void, except where construction and/or use of the property in reliance on such permit has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous. On or before the date of expiration of a coastal development permit, variance, conditional use permit, design review, planned residential development, or comprehensive development plan, the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. A renewal could be processed under Administrative review by the City, on a cost-recovery basis, for a renewal period of two years.

Special Conditions
STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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1. The applicant shall plant two locally native trees if the non-native tree is removed to install the proposed water line.

2. The applicant shall designate an ADA parking space, an EV charging space and two bicycle parking spaces on the site plan for the building permit. These facilities shall be constructed prior to the final on the building permit.

3. The applicant shall plant only locally native plants or trees within 100 feet of the creek. All non-native invasive species shall be targeted for removal from within the 100-foot buffer for a period of five years. Additionally, new landscape areas shall not be added to the site within the 100-foot creek buffer.

4. The applicant shall submit to the City for approval, and subsequently record with the County recorder, a 15-foot-wide easement that substantially conforms with the alignment as illustrated in Attachment 5 of the Staff Report. The easement shall be held by the Mendocino Land Trust. The easement shall be recorded prior to the final of any building permit or the approval of the business license to operate the proposed additional lodging facilities.

5. If, during construction, the applicant determines that an existing foundation should be replaced in whole or in part, a soils engineer shall complete a site visit and prepare a memo to the County Building Department if special measures are required to ensure that the resulting improvements are structurally stable.

6. Targeted removal of invasive/exotic species.

7. Where feasible, utilize the existing landscaped/developed areas for staging and laydown of construction materials and planning.

8. Reseed and/or replant with fast-growing native herbaceous species to reinforce areas of loosened soil.

9. Develop a locally native plant landscaping plan and submit to the City of Point Arena prior to construction. The native landscaping plan shall be implemented prior to the final on the building permit. The plan should include selected sites for planting native trees, shrubs and herbs that will enhance the coastal terrace prairie; as well as provide visual screening from neighboring properties.

10. Collect seed from the coastal bluff morning glory. Disperse the seeds in locations that are not subject to disturbance and that are at least 50 feet from any developed area (e.g., away from trails, work areas, and areas subject to ground disturbance).

11. Implementation of standard erosion control best management practices such as straw waddles, silt fencing, etc. to prevent sediment migration. Where feasible, conduct work during the dry season to reduce sediment migration.

12. Reseed and/or replant with fast-growing, native herbaceous species atop disturbed areas.

13. During construction, materials, including but not limited to lumber, concrete, finish wares, hand tools, power tools, generators, vehicles, heavy equipment, should be laid down in areas such as the existing driveway and in areas designated by high visibility construction fencing and other signage to reduce impacts. Spill prevention devices should be utilized for all toxic liquids, including but not limited to gasoline, diesel, motor oil, solvents, paints and herbicides.

14. The bird breeding season typically extends from February to August. Ideally, the clearing of vegetation and the initiation of construction can be done in the non-breeding season between September and January. If these activities cannot be done in the non-breeding STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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season, a qualified biologist shall perform pre-construction breeding bird surveys within 14 days of the onset of construction or clearing of vegetation and consult with California Department of Fish and Wildlife (CDFW). If active breeding bird nests are observed, no ground disturbance activities shall occur within a minimum 100-foot exclusion zone. These exclusion zones shall remain in place around the active nest until all young are no longer dependent upon the nest. A biologist should monitor the nest site weekly during breeding season to ensure the buffer is sufficient to protect the nest from potential disturbances.

15. Applicant shall implement the following measures to protect site ESHA:
a. The applicant shall install highly visible construction fencing around the location of the morning glory to ensure that employees and contractors do not use this area for staging or other construction-related activities. b. The applicant shall install temporary construction fencing on the creek side of the Creek House to stop further encroachment into the buffer. c. The applicant shall install permanent symbolic fencing (split rail or similar) at least 25 feet from the edge of the morning glory area to keep people out of the area post construction.
d. No future development is permissible within the 100-foot riparian buffer. e. The Creek House footprint shall not be expanded in the future.

16.The new dormer, windows and siding for the Coast Guard garage shall match that of the captain’s house.

17.Unanticipated Discovery of Cultural Resources: If cultural resources are encountered during construction activities, all onsite work shall cease in the immediate area and within a 50-foot buffer of the discovery location. A qualified archaeologist will be retained to evaluate and assess the significance of the discovery, and develop and implement an avoidance or mitigation plan as appropriate. For discoveries known or likely to be associated with Native American heritage (precontact sites and select historic period sites), the Manchester Band of Pomo Indians (Contact: F. Jaime Cobarrubia, Chairperson, (707) 882-2788 or (707) 882-3417) should also be contacted immediately to evaluate the discovery and, in consultation with the project proponent, the County, and consulting archaeologist, develop a treatment plan in any instance where significant impacts cannot be avoided. Precontact materials which could be encountered include obsidian and chert debitage or formal tools, grinding implements, (e.g., pestles, handstones, bowl mortars, slabs), locally darkened midden, deposits of shell, faunal remains, and human burials. Historic archaeological discoveries may include 19th century building foundations, structural remains, or concentrations of artifacts made of glass, ceramics, metal or other materials found in buried pits, wells or privies.

18.Encountering Native American Remains: If potential human remains are discovered during the project, the following steps will be taken:
• Stop all work within 100 feet;
• Immediately contact the City of Point Arena and the county coroner; STAFF REPORT CDP# 2024-02, Use Permit# 2024-02 (Station 314, LLC) June 25, 2024
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• Secure location, but do not touch or remove remains and associated artifacts;
• Do not remove associated spoils or pick through them; • Record the location and keep notes of all calls and events; and • Treat the find as confidential and do not publicly disclose the location.

Staff Report prepared by:
________________________________ ________________
Marie Jones, City Planner Date

ATTACHMENTS

1. Location Map

2. Project Plans

3. Large Garage Elevations

4. Site Photos

5. Proposed Trail Alignment
Proposed airstreem
to east of carriage
house
Existing sign location
New sign location
The new sewer line should run down the driveway
to connect to the existing sewer line and the new branch to the creekhouse
Existing Sewer Line
New Water Service
New Sewer Lines
Carriage House
Creekside Cottage Boat House

SOUTH

Creek House
Large Garage

Carriage House
Maxar, Microsoft
0 25 50 100
Feet
Coast Guard Inn
Station 314, LLC
695 Port Road
Point Arena, CA
APN 027-041-11
Wharf Master's Inn
785 Port Road
Point Arena, CA
APN 027-041-48
Port Road
Point Arena-Stornetta Unit
Bureau of Land Management
Coast Guard Inn Property
15 Foot Public Access Easement
Engineered Stairways
Viewing Platform
Gate
Replace Existing Dilapidated Fence
Proposed Arena Cove Trail
Trailhead Sign
Interlocking Crib Steps
Arena Cove Coastal Trail
Wooden Fence

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