Point Arena City Council
July 22, 2025

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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APPLICANT: Adrienne Sutton & John Meyer
OWNERS: Adrienne Sutton & John Meyer
6847 20th Ave NE
Seattle, WA 98115
AGENTS: Amy Wynn, Wynn Coastal Planning & Biology
REQUEST: Coastal Development Permit (CDP 2025-1) to construct: 1) a 2,010 SF Single-Family Residence; 2) a 640 SF Detached
Garage with a 640 SF accessory dwelling unit on the second floor; 3) planting beds and greenhouses for row and tree crops agricultural business; 4) a driveway and septic system, 5) conversion of a test well to production well and installation of a pump house and underground and above ground water storage tanks; and 6) connect to utilities.

LOCATION: In the Coastal Zone, in the City of Point Arena, Mendocino County, at 890 Bluff Top Road (027-041-35).

TOTAL ACREAGE: ±2.060 acres, (APN 027-041-35)
GENERAL PLAN: Agriculture Exclusive (AE)
ZONING: Agriculture Exclusive (AE)

EXISTING LAND
USE(S):

Vacant Parcel

ADJACENT LAND
USE(S):

North: SFR
South: SFR, Vacant, SFR
East: Vacant
West: Pacific Ocean

ENVIRONMENTAL
DETERMINATION:

Exempt from CEQA under section 15303(a) new construction of a single-family residence; and an Accessory Dwelling Unit which is ministerial and exempt under Government Code section 66317 and therefore exempt from CEQA.
1 APPEALS: This project is appealable to the Coastal Commission.

RECOMMENDED ACTION
Receive staff report, hold a public hearing and adopt the following City Council Resolution:

RESOLUTION OF THE POINT ARENA CITY COUNCIL APPROVING COASTAL DEVELOPMENT PERMIT (2025-1) TO CONSTRUCT A SINGLE-FAMILY RESIDENCE AND ASSOCIATED IMPROVEMENTS LOCATED AT 890 BLUFF TOP ROAD (APN 027-041-35), SUBJECT TO THE FINDINGS AND ALL STANDARD AND SPECIAL CONDITIONS.
1 Please note that all highlighted text in this document have been changed/added to the previous staff report.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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AGENCY COMMENTS
Summary of Referral Agency Comments:

Coastal Commission No comments
California Dept. of Fish and
Wildlife
Comments received and incorporated into project
as Special Conditions.

US Dept. of Fish and Wildlife Determined that the project would result in “no take” of PAMB (Point Arena Mountain Beaver).

Comments received 4-8-2025
Manchester Band of Pomo No comment.

County Department of
Environmental Health
The City will need to sign the Septic Permit for
this project upon approval of the CDP. Comments
Received 4/6/2025

BACKGROUND
The parcel is currently vacant. The parcel is zoned Agricultural Exclusive (AE) and is non-conforming in size for the zoning district: the minimum parcel size is 20 acres and the parcel is slightly more than 2 acres. Additionally, the parcel is exceptionally long and thin (see parcel #1 below). The area includes four similar long and thin parcels, and the development of this parcel will set a precedent for development of the other three parcels.

See Figure 1.

Figure 1: Long Thin Parcels on Bluff Top Road which are zoned Agriculture Exclusive STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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Per information provided by the applicant this irregular parcel is a legal nonconforming parcel which was created in 1979 through a judgement by the superior court in response to a boundary line conflict between various neighbors. See Page 1 of Attachment 6. This does not explain the existence of other similar non-conforming parcels on the bluff top.

However, given that even the existing access road for the entire neighborhood consists of a recorded access agreement rather than a separate parcel, it seems likely that these non-conforming parcels were not created as roadways.

In 2022, the City Council approved CDP 1-2022 to develop three test wells and record an irrevocable offer to dedicate two trail alignments through the property (Attachment 7).

GENERAL PLAN CONSISTENCY
The table below analyzes the project’s consistency with relevant policies of the City’s General Plan.

Land Use Policies Project Conformance to
Policy
Land Use Policy 11. Continuing agricultural uses of
lands which have the soils, acreage and water
capability to sustain such operations are encouraged
but not required. The maximum amount of prime
agricultural land (see glossary for definition) shall be maintained in agricultural production; conflicts shall
be minimized between agricultural and urban uses;
and lands suitable for agricultural use shall not be
converted to non-agricultural uses unless continued
or renewed agricultural use is not feasible. All actions undertaken by the City governing use and conversion
of agricultural lands shall be governed by Sections
30241, 30241.5, 30242, and 30243 of the
California Coastal Act.

The proposed project is on land
zoned Agricultural Exclusive.

However, the parcel is currently
not used for agricultural. It is
vacant. The applicant has
proposed limited agricultural
use along with a residence and
an accessory dwelling unit.

See Special Condition 1.

Land Use Policy 14: Public views, viewsheds, view
corridors, buildings of architectural and historical
merit, existing topographic features, and existing
important clusters of trees, shall be preserved and
maintained.

The proposed project maintains
existing trees and the project
plans include additional
landscaping.

Land Use Policy 27. Public access points to the
coast and (linear) foot paths shall be incorporated into development plans.

The applicant has already
recorded an irrevocable offer to
dedicate a trail access, which
has been reviewed and
accepted by the Coastal
Commission.

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July 22, 2025
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Land Use Policy 28. The scenic resources and
attributes of lands adjacent to the waterfront shall be considered and protected as resources of public
importance.

Land Use Policy 29. Permitted development shall be
sighted and designed to protect scenic views
associated with Public Trust lands and resources.

The proposed project complies
with this policy. The proposed
house would be located on the
eastern end of the parcel to
avoid impacts to scenic views
from public trust lands.

Land Use Policy 31. …avoid removing trees, if
feasible. At least two trees shall be planted for every one removed to accommodate development
facilitated by the General Plan. The planting of trees
shall be performed in a manner that protects public
views to and along the ocean and scenic coastal
areas, consistent with the visual resources policies of the LCP. Visually attractive native trees species, such as bishop pine and sargent cypress, shall be the
preferred species used, as they require less water,
herbicides, pesticides, and are valuable wildlife
resources.

The proposed project includes
removal of three trees. The site
plan includes the planting of
nine new trees on the north side
of the parcel adjacent to the
house to screen the house from
view. The trees types are not
specified on the site plan, and
therefore staff recommends
Special Condition 4.

See Special Condition 4.

Land Use Policy 35. New developments shall be
encouraged to use native plant species that are more
drought resistant for landscaping. New commercial
development shall be required to use native species
for all landscaping.

The application does not include
a landscaping plan and
assumably the agricultural
component of this project will be
non-native plants.

See Special Condition 4.

Open Space Policy 1. Environmentally-sensitive
habitat areas shall be protected against any
significant disruption of habitat values, and only uses dependent on such resources shall be allowed within
such areas.

The proposed project include
ESHA and all development is
proposed for areas outside of
the 100 foot buffer. Additionally,
a number of special conditions
are proposed to protect ESHA
as outlined in the staff report
below. See Special Conditions
10 through 14.

Open Space Policy 22. The City shall analyze
proposed property developments on the crest of hills
and bluffs, and in canyons, in relation to views
potentially lost, in order to preserve important view
corridors and viewsheds, scenic roadways, gateways
to the city, and the integrity and merits of existing land forms.

The proposed project is located
on top of a bluff. However, no
views from a public right of way
would be impacted by the
proposed development.

Open Space Policy 29. The City of Point Arena shall
require a 25-foot-wide easement along all trails
designated on the Opportunities and Constraints Map
The City’s Opportunities and
Constraints Map includes two
STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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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.
trail alignments through the
applicant’s property. However,
the applicant has recorded an
irrevocable offer to dedicate two
25’ easements through the
property as illustrated in
Attachment 3 and these OTDs
do not follow the trail alignment
location illustrated in the
Opportunities and Constraints
map, making future matching of
trail alignments a challenge,
Which City Council may choose
to address with an additional
condition.

Open Space Policy 38. New development shall
protect and preserve archaeological and
paleontological resources from destruction, and shall
avoid and minimize impacts to such resources.

An archaeological study was
completed for the project and no
resources were identified on
site.

LAND USE AND ZONING
Zoning / General Plan: Zoning
The parcel is zoned on the City’s Coastal Plan Land Use and Zoning Map as Agriculture Exclusive (AE). Per Sec. 4.05 of the General Plan, the AE zone is defined as follows:
“Agriculture Exclusive or AE Zone: The agriculture exclusive zone applies to properties designated on the Zoning Map where it is necessary to protect for agricultural uses. This designation applies to areas in which agriculture shall be the predominant use and in which the only other uses allowed are those which support the maintenance of agricultural lands in permanent agricultural production.”
The zoning code regulates and reiterates this same language for the development in the Agriculture Exclusive Zone (18.20.050) as follows:
“The agriculture exclusive zone applies to properties designated on the zoning map where it is necessary to protect for agricultural uses. This designation applies to areas in which agriculture shall be the predominant use and in which the only other uses allowed are those which STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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support the maintenance of agricultural lands in permanent agricultural production.”
The applicant submitted an application which includes agricultural uses which total 2,637 SF and residential uses which total 4,339 (see table below).

As proposed, agriculture is not the predominant use of this parcel, instead residential use is the predominant use. While the code does allow a single-family home as a principally permitted use it limits that use to “an incidental use “in support of farming, as follows:
“A single-family dwelling incidental to the agricultural use of the land, for the residence of the farmer or for the employees engaged in agriculture use of land.” This creates a problem for the permitting process as follows:
• The project as proposed does not comply with the City’s General Plan designation or zoning code because the residential use is not incidental to the agricultural use as the Ag use occupies a smaller portion of the site than the residential use. • The parcel is likely too small to accommodate a commercially viable agricultural use.
• The adjoining developed parcels are all developed with single family homes and do not appear to have any associated agricultural uses, which makes all of these properties non-conforming.
• It is not permissible, per state law, to allow a variance for a land use definition, so the City cannot approve a variance for this parcel to allow a primary residence that is not incidental to the primary required use of agriculture.

Meyer & Sutton Proposed Project
Residential Uses SF
Residence: 1,664
ADU 640
Garage 640
Decks 865
Concrete 530
Total 4,339
Agricultural Uses
Planting Beds & Green Houses 1,920
Pump House 48
Water Storage Tank 29
Total 1,997
STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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• It is clear from the land use definition that establishment of vacation rental is not a permissible use on this property.

Therefore, the City Council can adopt the Special Conditions below to remedy this inconsistency. City Council, in consultation with the applicant, should select between Special Conditions 1a and 1b.

Special Condition 1a: The applicant’s site plan for the building permit application shall illustrate agricultural uses of at least 4,400 SF, which shall be established prior to the final of the building permit.

Special Condition 1b: The applicant’s site plan for the building permit application shall be revised to remove the 865 SF of decks and illustrate agricultural uses of at least 3,535 SF, which shall be established prior to the final of the building permit.

Special Condition 2: The applicant shall record a deed restriction that prohibits the use of the Single-Family Residential Unit and the ADU as vacation rentals.

The deed restriction shall include the following language: “The Single-Family Residential unit and the Accessory Dwelling Unit may only be rented for periods of more than 30 days. Short term rentals are prohibited.” A copy of the recorded deed restriction shall be submitted to the City of Point Arena Planning Department prior to the issuance of the building permit.

USE PERMIT for ADU
While the City’s zoning ordinance requires a Use Permit for an ADU, State Law prohibits the City from requiring a Use Permit for an ADU. Therefore, a Use Permit may not be required for this project.

DEVELOPMENT STANDARDS
The project is consistent with the various applicable development standards of the HC zoning district as follows:

Requirement Conformance
Setbacks: front 30 feet; rear 20
feet; side 10 feet.

The proposed project complies with setback
limitations.

Accessory Structure Setbacks
10 feet from any on-site
building.

The garage is 10 feet from the single-family home.

Height: 35 feet The project conforms with a building height of 25 feet for the ADU over the garage and 20.5 feet for the
single-family home.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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Maximum lot depth: three times
lot width;
This is an existing non-conforming lot. While the
parcel is 50.5 feet wide by an estimated 1,431 feet
long the City cannot prohibit use of this parcel for a
single-family home if it complies with the remainder of City regulations (see analysis below).

Minimum lot area:
20 acres
Preexisting non-conforming lot of 2.06 acres
Zoning code (section § 18.25.180) requires that a legally created non-conforming parcel be allowed to be developed with permissible uses within the specified zoning district as follows:
“If a lot was delineated on a recorded subdivision map, or was lawfully established as a separate lot on the effective date of the ordinance codified in this title, and such lot does not conform to the minimum lot area of the zone in which it is located, it shall be considered a legal building site for uses permitted in the pertinent zone, even if the owner of said lot has at any time owned land contiguous to said lot, provided all other requirements of this title and other applicable city ordinances and standards can be satisfied.”
Fencing. No fencing is proposed for the project.

Parking Standards. The project is consistent with zoning code parking requirements.

Per Sec. 18.25.280 the project is required to provide two parking spaces for the primary unit and one parking space for the ADU. There are two parking spaces in the garage and a paved area adjacent to the garage that can serve as a third parking space for the ADU.

Site Access. The applicant proposes to access the site from the neighbor’s property through the development of a shared driveway on the neighbor’s property. However, the project’s agent did not account for the need to obtain a CDP to establish a driveway on the neighbor’s property, as establishment of the driveway constitutes development under the Coastal Acct. Additionally, for this project to proceed an easement must be recorded to legally establish access over the neighbor’s private property. Therefore, the agent submitted a CDP application for the shared driveway, which has been presented to City Council for concurrent consideration. To ensure that the requested easement is recorded prior to construction of the project, staff recommends the special condition below:

Special Condition 3: The applicant shall submit a copy of the recorded easement over parcel 027-041-33 to benefit parcel 027-041-35, prior to approval of the certificate of occupancy for the project.

Landscaping and Screening (18.25.280). The Project application did not include a detailed landscaping plan, and new trees are proposed for the project. Special Condition 4 has been added to ensure that no new, non-native plants are planted.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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Special Condition 4: The applicant shall plant only locally native plants or trees.

Invasive plant species that tend to supplant native species and natural habitats are prohibited. Landscaping shall be pre-dominantly comprised of native tree, shrub, and annuals including butterfly nectar plants such as native asters and thistle including dune goldenrod (S olidago spathulata), coastal gumweed (Grindelia stricta), Pacific aster (S ymphyotrichum chilense), and brownie thistle (Cirsium quercetorum). These butterfly nectar plants could be planted anywhere on the parcel to increase the number of nectar plants onsite. Additionally, if the Monterey cypress (Hesperocyparis macrocarpa) trees are removed, they may be replaced only with locally, appropriate native tree species.

Site Development and Architectural Review (18.25.150): The proposed project is consistent will all of the Site Development and Architectural Review requirements as follows:
• The project is sited on the easternmost edge of the parcel to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent.
• The project does not include alterations of natural landforms. • Per special condition 4 the project would use native vegetation to the maximum extent practicable and Invasive plant species that tend to supplant native species and natural habitats are prohibited.
• The project will include underground utility service connection. • The scale, bulk, orientation, architectural character of the structure and related improvements are compatible with the rural, uncrowded, rustic, unsophisticated, small, casual, open character of the community.
• At least two trees would be planted for every single tree removed to accommodate the project.
• The length of the on-site driveways would be minimized.

The project does not comply with the following Site Development and Architectural Review requirements and special conditions has been added to achieve compliance. • The project does not include color information for the exterior materials.

Special Condition 5: The applicant shall submit color swatches with the building permit application for approval by the City Planner. Selected colors shall be natural colors.
• Subsequent development on a parcel created through a land division shall conform to all provisions of the approved coastal development permit that authorized the land division, or any amendments thereto.(u)
STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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The City does not have subdivision records for this parcel as it was created through a summary judgment by the superior court of Mendocino County.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
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PROJECT UTILITIES
The proposed site is located out of the service area for City water and sewer services. A well analysis was prepared by Carl Rittiman & Associates which found that Well A produces sufficient water and has a sufficient water recovery process to meet the needs of the proposed development.

Well 'A'. The well tested is a drilled well, cased with 5.0" diameter PVC casing.

The total depth of the well is 200 feet. The pump inlet was set at 190 feet. The test was started at 10:00 A.M., on October 19,2023. The static water level in the well was 37.75' at the start of the test. The water level stabilized in the well near the depth of 60.05', 780 minutes into the test, while pumping at a flow rate of 6.0 gallons per minute. The water level remained stable for the remaining 240 minutes of the test. The recovery of this well was monitored for 420 minutes following pump shut off. In that time, the total drawdown of 22.3' recovered 18.7' for an 83% recovery of the total drawdown. The well tested has been proven to meet the requirements set by the Coastal Commission for a permitted residence on this parcel.

A septic Site Evaluation Report was also prepared by Carl Rittiman & Associates. The septic system was designed for three bedrooms and the project proposal includes a twobedroom primary residence and a one-bedroom ADU. The report concluded that the site can be served by the proposed septic design so long as the septic design receives a waiver from the Department of Environmental Health as the depth of the leach field is recommended for a reduction from 5 feet to 30 inches due to the existence of a highwater table (38 to 48 inches). Therefore, a Special Condition is recommended.

Special Condition 6: The Department of Environmental Health shall approve the septic design prior to issuance of the building permit for the project.

PUBLIC ACCESS
The City’s LCP identifies two public access trail routes through this property (Attachment 2). The applicant has recorded the two easements as a condition of CDP 1-2022 to meet this requirement.

However, the resulting recorded irrevocable offers to dedicate are located on existing vehicular proscriptive easements (private driveways) through the property. The Coastal Act requires Irrevocable Offers to Dedicate (OTDs) for trails be used for trail use only.

Therefore, the existing OTDs do not meet the requirements of the Coastal Act. Please see image below, which shows the OTD and the proposed development overlayed on an aerial of the site from Google Earth.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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Figure 2: Aeral photo illustrated conflict between OTDs and existing driveways The City’s trail map from the City’s Certified LCP illustrates the placement of trial alignments through the proposed parcel. The trail alignments somewhat agree with the western trail alignment (the westernmost and easternmost) illustrated in the map. The middle trial alignment is not addressed in the recorded OTDs to date and the eastern trail alignment is arguably not located on this parcel.

Figure 3: Close up of required public trail alignments.

Additionally, as illustrated in the aerial photo (figure 2), the westernmost road bisects the 50’ and the 100’ buffer for the ESHA which is located on site, which is permissible for a trail but not for a road.

Staff recommends the Special Conditions below to address these concerns.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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Special Condition 7: The applicant shall relocate the existing private driveway that traverses this parcel at the site of the westernmost OTD to a location outside of the 100 EHSA buffer.

Optional Special Condition 8: The applicant shall move the incorrected public access easement from the eastern edge of the parcel to the location specified in the City’s Certified LCP.

Staff has made Special Condition 8 optional, as the requirement that this small parcel dedicate two public access easements seems burdensome and the single loop trail on the site seems adequate.

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.

Geology: The project is located in an area more than 100 feet from a bluff edge.

According to the General Plan’s Natural Hazards Map the project is not located on areas with steep slopes. The project will include grading and construction of new foundations and as such a soils report is required for the project.

Special Condition 9: The applicant shall submit a soils report prepared by a Civil Engineer as part of the building permit application. The engineering and construction shall comply with all requirements of the soils report.

Fire. The proposed project will not result in new fire risks as the project would be located in an open field area and the project design is required to comply with Wildland Interface requirements of the Uniform Building Code.

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. The proposed project is not located within the City’s mapped viewshed, as depicted on the Point Arena Scenic Corridors map. Therefore, a visual analysis of the project is not required.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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NATURAL RESOURCES
Section 18.25.220 provides standards for development to protect natural resources. This section includes regulations that prohibit/regulate 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 Survey Report, authored by Wynn Coastal Planning.

The report identified the following natural communities on site:

The majority of the parcel is vegetated with non-native rattlesnake grass meadow and Monterey cypress trees (Figure 4). The property slopes down westward in the center of the parcel where an assemblage of coyote brush - California blackberry scrub best characterizes the vegetation along the slope. California blackberry brambles dominate the grassland just east of the break in slope in the center of the parcel. Northern coastal bluff scrub was observed along the bluff edge and face.

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July 22, 2025
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Special Status Wildlife Species
Per the Biological Survey Report Consulting the site has reviewed for the presence of Point Arena Mountain beaver, Sonoma tree vole, northwestern pond turtle, Western Bumblebee, Obscure bumblebee Behren's silverspot butterfly, lotis blue butterfly, Foothill yellow-legged frog, California red-legged frog, red-bellied newt were evaluated to have potential to occur within the Study Area.

However during the survey only two types of ESHAs were identified within the study area:
• Plant Community ESHA – One special status plant community was identified on the property -northern coastal bluff scrub.
• Special Status Animal ESHA – The federally endangered Behren’s Silverspot Butterfly (Speyeria zerene behrensii) was observed within the study area during field surveys.

The project was designed to avoid all presumed special status resources by greater than 100ft. The proposed development is not expected to have any significant negative impact on any of the special status natural resources present.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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To promote the continued residence of the special status butterfly, Special Condition 6 is recommended:

Special Condition 10: The property owners shall plant the larval host plant and adult nectar plants for the Behren’s silverspot butterfly to enhance butterfly habitat. The larval host plant, western dog violet, should be planted in the grassland on the western edge of the property to encourage nearby Behren’s silverspot butterfly populations to lay eggs. Butterfly nectar plants such as native asters and thistle including dune goldenrod (Solidago spathulata), coastal gumweed (Grindelia stricta), Pacific aster (Symphyotrichum chilense), and brownie thistle (Cirsium quercetorum), can be planted anywhere on the parcel to increase the number of nectar plants onsite.

The Biological Survey Report recommends a number of measures which are included below as special conditions for the project.

Special Condition 11: to minimize potential impacts to birds the applicant shall comply with the following measures:
a. Avoidance Measure: Seasonal avoidance
No nesting bird surveys are required if activity occurs in the non-breeding season (September to January). If development is to occur during the breeding season (February to August), a pre-construction survey is required within 14 days of the onset of construction to ensure that no nesting birds will be disturbed during development.
b. Avoidance Measure: Nest Avoidance
If active special status bird nests are observed, no vegetation removal or construction activities with the potential for disrupting nesting shall occur within a 100-foot exclusion zone. These exclusion zones may vary depending on species, habitat, and level of disturbance. The exclusion zone shall remain in place around the active nest until all young are no longer dependent upon the nest. A biologist shall monitor the nest site weekly during the breeding season to ensure the buffer is sufficient to protect the nest site from potential disturbance.
c. Avoidance Measure: Construction activities only during daylight hours. Construction should shall occur during daylight hours to limit disturbing construction noise and minimize artificial lights.

Special Condition 12: to minimize potential impacts to bats the applicant shall comply with the following measures:
a. Avoidance Measure: Pre-construction surveys for bats Construction will ideally occur between September 1st and October 31 after the young have matured and prior to the bat hibernation period. If it is necessary to disturb potential bat roost sites between November 1 and STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
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August 31, pre-construction surveys shall be performed by a qualified biologist 14 days prior to the onset of development activities. b. Avoidance Measure: Roost buffer
If active bat roosts are observed, no vegetation removal or construction activities with the potential for disrupting roosting shall occur within a minimum 50-foot exclusion zone. These exclusion zones may vary depending on species, habitat and level of disturbance. The exclusion zone shall remain in place around the active roost until all young are no longer dependent upon the roost.
c. Avoidance measure: Construction activities only during daylight hours Construction should occur during daylight hours to limit disturbing construction noise and minimize artificial lights.

2. Special Condition 13: To minimize potential impacts to bats the applicant shall comply with the following measures:
a. Avoidance Measure: Contractor education
Within two weeks prior to construction activities, project contractors will be trained by a qualified biologist in the identification of the frogs and salamanders that occur along the Mendocino County coast. Workers will be trained to differentiate between special status and common species and instructed on actions and communications required to be conducted in the event that special status amphibians are observed during construction. b. Avoidance Measure: Pre-construction search
During ground disturbing activities, construction crews will begin each day with a visual search around the staging and impact area to detect the presence of amphibians.
c. Avoidance Measure: Careful debris removal
During construction and debris removal, any wood stockpiles shall be moved carefully by hand in order to avoid accidental crushing or other damage to amphibians.
d. Avoidance Measure: No construction during rain event If a rain event occurs during the ground disturbance period, all ground disturbing activities will cease for a period of 48 hours, starting after the rain stops.

Special Condition 14: to minimize potential impacts to Coastal Bluff Scrub the applicant shall not engage in any disturbance within 100 ft of the northern coastal bluff scrub. The applicant shall install symbolic habitat protective fencing outside of the 100-foot buffer, such as wood posts with rope or other open fencing which allows the free movement of animals. Additionally, no construction or materials staging shall occur within 100ft of the northern coastal bluff scrub.

STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
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ARCHAEOLOGICAL RESOURCES
A cultural resources inventory was conducted by ALTA to address the responsibilities of the CEQA, as codified in Public Resource Code sections 5097, 21082 and 21083.2. No cultural resources were identified within the project area as a result of the records search, literature review, Native American communication, or archaeological field survey. The following Special Conditions are provided in accordance with the report.

Special Condition 15. Unanticipated Discovery of Cultural Resources. If previously unidentified cultural resources are encountered during project implementation, avoid altering the materials and their stratigraphic context. A qualified professional archaeologist shall be contacted to evaluate the situation.

Project personnel should not collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies.

Special Condition 16. Encountering Native American Remains. Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains is provided.

Staff Report prepared by:
________________________________ _July 4, 2025_______________ Marie Jones, City Planner Date

ATTACHMENTS

1. Resolution of the Point Arena City Council

2. Location Map

3. Site Plan

4. Project Elevations & Floor Plans

5. Site Photos

6. Documents confirming legal status of non-conforming parcel STAFF REPORT CDP# 2025-01 (Sutton-Meyer)
July 22, 2025
19 | Page

7. Recorded Irrevocable Offer to Dedicate

8. Access & Easements
RESOLUTION NO. 2025-16

RESOLUTION OF THE POINT ARENA CITY COUNCIL APPROVING COASTAL DEVELOPMENT PERMIT (2025-1) TO CONSTRUCT A SINGLE-FAMILY RESIDENCE, AN

ACCESSORY DWELLING UNIT ABOVE A GARAGE AND ASSOCIATED IMPROVEMENTS LOCATED AT 890 BLUFF TOP ROAD (APN 027-041-35), SUBJECT TO THE FINDINGS AND ALL STANDARD AND SPECIAL CONDITIONS.

WHEREAS, Adrienne Sutton & John Meyer (“Applicant”) submitted an application for:

Coastal Development Permit 2025-1 to construct a single-family residence and an accessory dwelling unit1 at 890 Bluff Top Road; and
WHEREAS, 890 Bluff Top Road, Point Arena, California (Assessor Parcel Numbers: 027- 041-35) is in the Agriculture Exclusive (AE) zoning district and no changes to the site’s current zoning designation are proposed under the Project; and
WHEREAS, the Project is subject to the Point Arena General Plan and zoning ordinance; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, staff determined that the proposed project is categorically exempt from CEQA and Title 14, California Code of Regulations, per Section 15303 new construction of a single-family residence; and
WHEREAS, staff has determined that approval of an accessory dwelling unit is ministerial per California Government Code (§§ 66310 through 66342), and CEQA does not apply to ministerial projects under section 15268 of title 14, California Code of Regulations; and
WHEREAS, on July 22, 2025, a public hearing was held by the City Council to receive comments on the project in accordance with the provisions of the Point Arena Zoning Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Point Arena City Council, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Point Arena General Plan; the Point Arena zoning code; the Project applications; all site plans, and all reports and public testimony submitted as part of the City Council meeting of July 22, 2025 and City Council deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of Point Arena does hereby make the following findings and determinations:
1 The highlighted text illustrates language that was changed/added to the previously released resolution.

Section 1. General Findings

1. The Project is also subject to the following general findings and determinations, based on analysis and testimony presented at the July 22, 2025 hearing, incorporated herein:

2. The foregoing recitals are true and correct and made a part of this Resolution;

3. The documents and other material constituting the record for these proceedings are located at the Planning Department;

4. The proposed project is consistent with the purpose and intent of the zoning district, as well as all other provisions of the General Plan, the Zoning Code and the Certified LCP;

5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

6. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the type, density, and intensity of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

Section 2. Findings for approval of a Coastal Development Permit

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

2. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act; and

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

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

5. The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons; and

6. The project, as conditioned, will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions; and

7. The project, as proposed or as conditioned, is the least environmentally damaging alternative;

8. 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; and

9. 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.

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

1. The proposed development has been sited, designed and conditioned to prevent significant impacts to the habitat values, functional capacity, and species diversity of the adjacent riparian habitat area, and

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

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

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

BE IT FURTHER RESOLVED that the Point Arena City Council does hereby approve the Coastal Development Permit (2025-1) to allow:
• The construction of 1) a 2,010 SF Single-Family Residence; 2) a 640 SF Detached Garage with a second floor 640 SF accessory dwelling unit; 3) planting beds and greenhouses for row and tree crops agricultural business of at least 4,400 SF in area; 4) a driveway and septic system, 5) conversion of a test well to production well and installation of a pump house and underground and above ground water storage tanks; and 6) connect to utilities.

This permit is subject to the following standard and special conditions:

SPECIAL CONDITIONS

1. A. The applicant’s site plan for the building permit application shall illustrate agricultural uses of at least 4,400 SF, which shall be established prior to the final of the building permit. OR

1. B. The applicant’s site plan for the building permit application shall be revised to remove the 865 SF of decks and illustrate agricultural uses of at least 3,535 SF, which shall be established prior to the final of the building permit.

2. The applicant shall record a deed restriction that prohibits the use of the Single-Family Residential Unit and the ADU as vacation rentals. The deed restriction shall include the following language: “The Single-Family Residential unit and the Accessory Dwelling Unit may only be rented for periods of more than 30 days. Short term rentals are prohibited.” A copy of the recorded deed restriction shall be submitted to the City of Point Arena Planning Department prior to the issuance of the building permit.

3. The applicant shall submit a copy of the recorded easement over parcel 027-041-33 to benefit parcel 027-041-35, prior to approval of the certificate of occupancy for the project.

4. The applicant shall plant only locally native plants or trees. Invasive plant species that tend to supplant native species and natural habitats are prohibited. Landscaping shall be pre-dominantly comprised of native tree, shrub, and annuals including butterfly nectar plants such as native asters and thistle including dune goldenrod (S olidago spathulata), coastal gumweed (Grindelia stricta), Pacific aster (S ymphyotrichum chilense), and brownie thistle (Cirsium quercetorum). These butterfly nectar plants could be planted anywhere on the parcel to increase the number of nectar plants onsite. Additionally, if the Monterey cypress (Hesperocyparis macrocarpa) trees are removed, they may be replaced only with locally, appropriate native tree species.

5. The applicant shall submit color swatches with the building permit application for approval by the City Planner. Selected colors shall be natural colors.

6. The Department of Environmental Health shall approve the septic design prior to issuance of the building permit for the project.

7. The applicant shall relocate the existing private driveway that traverses this parcel at the site of the westernmost OTD to a location outside of the 100 EHSA buffer.

8. The applicant shall move the incorrected public access easement from the eastern edge of the parcel to the location specified in the City’s Certified LCP.

9. The applicant shall submit a soils report prepared by a Civil Engineer prior to submittal of the building permit application. The project engineer and construction project shall comply with all requirements of the soils report.

10.The property owners shall plant the larval host plant and adult nectar plants for the Behren’s silverspot butterfly to enhance butterfly habitat. The larval host plant, western dog violet, shall be planted in the grassland on the western edge of the property to encourage nearby Behren’s silverspot butterfly populations to lay eggs. Butterfly nectar plants such as native asters and thistle including dune goldenrod (Solidago spathulata), coastal gumweed (Grindelia stricta), Pacific aster (Symphyotrichum chilense), and brownie thistle (Cirsium quercetorum), can be planted anywhere on the parcel to increase the number of nectar plants onsite.

11.To minimize potential impacts to birds the applicant shall comply with the following measures:
a. Avoidance Measure: Seasonal avoidance
No nesting bird surveys are required if activity occurs in the non-breeding season (September to January). If development is to occur during the breeding season (February to August), a pre-construction survey is required within 14 days of the onset of construction to ensure that no nesting birds will be disturbed during development.
b. Avoidance Measure: Nest Avoidance
If active special status bird nests are observed, no vegetation removal or construction activities with the potential for disrupting nesting shall occur within a 100-foot exclusion zone. These exclusion zones may vary depending on species, habitat, and level of disturbance. The exclusion zone shall remain in place around the active nest until all young are no longer dependent upon the nest. A biologist shall monitor the nest site weekly during the breeding season to ensure the buffer is sufficient to protect the nest site from potential disturbance. c. Avoidance Measure: Construction activities only during daylight hours.

Construction shall occur during daylight hours to limit disturbing construction noise and minimize artificial lights.

12.To minimize potential impacts to bats the applicant shall comply with the following measures:
a. Avoidance Measure: Pre-construction surveys for bats Construction will ideally occur between September 1st and October 31 after the young have matured and prior to the bat hibernation period. If it is necessary to disturb potential bat roost sites between November 1 and August 31, preconstruction surveys shall be performed by a qualified biologist 14 days prior to the onset if development activities.
b. Avoidance Measure: Roost buffer
If active bat roosts are observed, no vegetation removal or construction activities with the potential for disrupting roosting shall occur within a minimum 50-foot exclusion zone. These exclusion zones may vary depending on species, habitat and

level of disturbance. The exclusion zone shall remain in place around the active roost until all young are no longer dependent upon the roost. c. Avoidance measure: Construction activities only during daylight hours Construction shall occur during daylight hours to limit disturbing construction noise and minimize artificial lights.

13.To minimize potential impacts to bats the applicant shall comply with the following measures:
a. Avoidance Measure: Contractor education
Within two weeks prior to construction activities, project contractors will be trained by a qualified biologist in the identification of the frogs and salamanders that occur along the Mendocino County coast. Workers will be trained to differentiate between special status and common species and instructed on actions and communications required to be conducted in the event that special status amphibians are observed during construction.
b. Avoidance Measure: Pre-construction search
During ground disturbing activities, construction crews will begin each day with a visual search around the staging and impact area to detect the presence of amphibians.
c. Avoidance Measure: Careful debris removal
During construction and debris removal, any wood stockpiles shall be moved carefully by hand in order to avoid accidental crushing or other damage to amphibians.
d. Avoidance Measure: No construction during rain event If a rain event occurs during the ground disturbance period, all ground disturbing activities will cease for a period of 48 hours, starting after the rain stops.

14.To minimize potential impacts to Coastal Bluff Scrub the applicant shall not engage in any disturbance within 100 ft of the northern coastal bluff scrub. The applicant shall install symbolic habitat protective fencing outside of the 100-foot buffer, such as wood posts with rope or other open fencing which allows the free movement of animals. Additionally, no construction or materials staging shall occur within 100ft of the northern coastal bluff scrub.

15.Unanticipated Discovery of Cultural Resources. If previously unidentified cultural resources are encountered during project implementation, avoid altering the materials and their stratigraphic context. A qualified professional archaeologist shall be contacted to evaluate the situation. Project personnel shall not collect cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or abode foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies.

16.Encountering Native American Remains. Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the County Coroner and a qualified archaeologist must be notified immediately so that an evaluation can be performed. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains is provided.

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 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.

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

The above and foregoing Resolution 2025-16 was introduced by __________ seconded by __________, and passed and adopted at a regular meeting of the Point Arena City Council held on the 22nd day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

Anna Dobbins, Mayor
ATTEST:

Paul Andersen, City Clerk

PORT RD

PORT ROAD

WINDY HOLLOW ROAD

LAKE STREET

EUREKA HILL ROAD

PINE REEF STREET

RIVERSIDE DRIVE

HATHAWAY CROSSING

CREEKSIDE SPUR

CURLEY LANE

MILL STREET

IV ERSON AVE
S. MA NI ST

SCOTT PL
Point Arena Creek
Hathaway Creek
tu101
tu101
P a c i f i c O c e a n
° 0.1 0.05 0 0.1
Miles
City of Point Arena
Parcels
Highway
Streams
Roads
City of Point Arena Source: This map was created by the Mendocino County Department of Information Services GIS Program, April 2013.

Note: This map is not a survey product.

Location(Map.""Annotate"project"location"on"this"map.

Lands of Meyer & Sutton a Portion of the S.E. 1/4 of Section 11, Township 12 North, Range 17 West, Mount Diablo Meridian Mendocino County, CA General Notes General Plan Designation: AE Zoning District: AE Proposed Land Use: SFR, Garage w/ SDU, AG Appealable to Coastal Commission: Yes Entitlement Permit Type: CDP Yard Setbacks: 30' front, 20' rear & 10' sides Corridor Preservation Setback: n/a Height Limit: 35' Environmental Constraints: Yes Potential Geologic Hazards: No (more than 125' from Bluff Edge) Landscaping: No Water Source: Existing Well Tree Removal: None CDP Lot Coverage Tabulation Gross Site Area: Gross Site Area: 2.06 ac (89,733 sf) Maximum allowable lot coverage: 15% (13,460 sf) LEGEND: NORTHERN COASTAL BLUFF SCRUB BEHREN'S SILVERSPOT BUTTERFLY (E) DRIVEWAY (P) DRIVEWAY (P) BUILDING (P) DECKING (P) CONCRETE TREES 50' BUFFER 100' BUFFER YARD SETBACK APPROXIMATE TOP OF BLUFF (E) WELL 50' B 100' B x' Y Lot Coverage: (P) Footprint Residence: 1,664 sf (P) Footprint Garage w/ SDU: 640 sf (P) Footprint - Decks: 865 sf (P) Footprint - Concrete: 530 sf (P) Footprint - Green Houses: 640 sf (P) Footprint - Pump House: 48 sf (P) Footprint - Water Storage Tank: 29 sf Proposed Total Building Footprint: 4,416 sf Total Lot Coverage (Footprint): 4,416 sf (4.92%) (E) Driveway: 1,310 sf (P) Driveway & Parking: 1,753 sf Total Driveway & Parking: 3,063 sf Sensitive Resources: Legend Type Distance from Development NORTHERN COASTAL BLUFF SCRUB  “ BEHREN'S SILVERSPOT BUTTERFLY 

“ TOB 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 20' Y
30' Y

79.83' 1274.50' 1314.93' 0' 50' 100' 150'
TOB
100' 50'
50'
50'
100'
100'
100' 100'
50' S
50' S
S S S (P) LEACHFIELD (P) EXTENT OF TOPSOIL (P) 100% SEPTIC REPLACEMENT AREA (E) NEIGHBORING WELL & WATER TANK (E) DRIVEWAY (P) 25' PATHWAY EASEMENT (P) 25' PATHWAY EASEMENT (P) SFR (P) GARAGE W/ SDU (P) PLANTING BED (TYP.) 32' x 20' (P) GREEN HOUSES (TYP.) 16' x 10' 16' 10' (P) GREEN HOUSE FLOOR PLAN N.T.S.

S S S
S S
S S
S S S S S S S S S S S S S S S S (P) 1200 GALLON CONCRETE PUMP CHAMBER (P) 1200 GALLON CONCRETE SEPTIC TANK (P) FORCE LINE (P) PUMP HOUSE FLOOR PLAN N.T.S. 8' 6' (P) PUMP HOUSE ELEVATIONS N.T.S. (P) APPROXIMATE LOCATION OF ROADWAY & UTILITY EASEMENT LOCATION TO BE DETERMINE IN THE FIELD BY A LICENSED LAND SURVEYOR 15' MAX. (P) PUMP HOUSE (P) ABOVE GROUND WATER STORAGE TANK (P) UNDER GROUND WATER STORAGE TANK SITE PLAN 1 : 50 1 840 Bluff Top Road

MEYER & SUTTON
Point Arena, CA 95468 SHEET
1 REVISION BY DATE APN:
027-041-35-00
DRAWN BY: TH
SCALE: AS SHOWN
APPROVED BY: AW OF 2 SHEETS
DATE: 2/13/2025
Design review, not meant for construction.

Site Plan not a result of Professional Land
Surveyor data, verify data in field. (P) GREEN HOUSE ELEVATION N.T.S. 15' MAX. HEIGHT
10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 30' Y 30' Y 79.83'
1274.50'
1314.93'
50' S
50' S 50' S
50' S S S S S S (P) LEACHFIELD
(P) EXTENT OF TOPSOIL
(P) 100% SEPTIC

REPLACEMENT AREA
(E) NEIGHBORING

WELL & WATER TANK
(E) DRIVEWAY
(P) 25' PATHWAY

EASEMENT
(P) SFR
(P) GARAGE W/ SDU
(P) PLANTING BED (TYP.)
32' x 20'
(P) GREEN HOUSES (TYP.)
16' x 10'

S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S (P) 1200 GALLON CONCRETE

PUMP CHAMBER
(P) 1200 GALLON CONCRETE

SEPTIC TANK (P) FORCE LINE
(P) APPROXIMATE LOCATION OF

ROADWAY & UTILITY EASEMENT

LOCATION TO BE DETERMINE IN THE

FIELD BY A LICENSED LAND SURVEYOR
(P) PUMP HOUSE
(P) ABOVE GROUND

WATER STORAGE TANK
(P) UNDER GROUND

WATER STORAGE TANK
ENLARGED PROPOSED DEVELOPMENT AREA 1 : 30 1
840 Bluff Top Road

MEYER & SUTTON
Point Arena, CA 95468
SHEET2
REVISION BY DATE APN:
027-041-35-00
DRAWN BY: TH
SCALE: AS SHOWN
APPROVED BY: AW
OF 2 SHEETS
DATE: 2/13/2025
Design review, not meant for construction.

Site Plan not a result of Professional Land
Surveyor data, verify data in field.

GREENHOUSE
MARCH 2025 MARCH 2025
MARCH 2025
MARCH 2025
COLOR & MATERIALITY LIGHTING COLOR & MATERIALITY COLOR & MATERIALITY COLOR & MATERIALITY ROOFTOP PV MARCH 2025 Site Photos
Looking west from the building envelope.
looking east from the bluff edge.

Bluff face
Dirt road and sparse understory under Monterey cypress trees.

Meyer-Sutton CDP #1-2025; RFI #1
June 10, 2025

WYNN COASTAL PLANNING & BIOLOGY

COMMENTS/QUESTIONS

1. SUBDIVISION MAP
Please provide a copy of the recorded subdivision map which created the subject parcel.

The Meyer-Sutton parcel was not created by subdivision map, as land divisions do not always require the recordation of such a map. In this case, the subject parcel was created through a judgement by the Superior Court of Mendocino County in Book 1132 Page 137 Mendocino County Official Records, filed February 10, 1978 (Exhibit 1).

We performed our own research and also asked Redwood Empire Title Company to 1) determine how the parcel was created, and 2) if the parcel was created for roadway purposes.

Personal communication from Redwood Empire Title Company Chief Title Officer, Steve Burlesci on May 9, 2025 concluded that:
“…that Judgement [b1132 p137 MCOR] is in fact what created that strip. It looks to me that there was a boundary line dispute as to where the section line really was. Looking at the several surveys I have attached it looks like the owner to the north had [their] fence off line in 2_16_72. They must have had a dispute over that because there are several more surveys recorded showing the line between Sections 11 and 14. In the end the portion in question was given to the owner to the south being Robert S. Scott and Joseph F. DeRosa. I don’t see that there was ever any mention that it was specifically meant to be a road. In my opinion this was just a boundary dispute that was solved by a Judgement Quieting Title in Book 1132, Page 137.”

2. PRELIMINARY TITLE RPEORT
Please provide a title report for the subject parcel which identifies any deed restrictions.

Please find our Preliminary Title Report, dated April 14, 2025, enclosed (Exhibit 2).

The only document recorded against the property is the Offer to Dedicate a Public Access Easement, recorded as document #2024-03004, Mendocino County Official Records, dated April 12, 2024 (Exhibit 3).

Enclosed, please also find the latest deed (Meyer-Sutton) for the property, Document #2019-15913, Mendocino County Official Records, dated December 26, 2019 (Exhibit 4).

3. WRITTEN PERMISSION FROM OWNER RE ACCESS
Please provide written permission from the owner of the neighboring parcel for the proposed easement request.

Through our research in response to your questions below, we discovered that the route of Bluff Top Road differs from what we had previously understood.

Bluff Top Road is described as a non-exclusive easement for roadway and public utility purposes in Grant Deed, book 1241 page 358, Mendocino County Official Records, recorded December 26, 1979 (Exhibit 5), which is referenced in the above Meyer-Sutton Deed (Document #2019-15913).

The Bluff Top Road easement was updated in 2000 to include all of the affected parcels and owners that take direct access to the Road, recorded as document #2000-15365, Mendocino County Official Records, filed September 20, 2000 (Exhibit 6).

Meyer-Sutton CDP #1-2025; RFI #1
June 10, 2025

WYNN COASTAL PLANNING & BIOLOGY
We have illustrated the Bluff Top Road Easement as described in the Legal Description, Exhibit A of #2000-15365, in our Exhibit Map, dated May 10, 2025 (Exhibit 7).

We had previously believed that the Road ran through the property, on the eastern end, northwesterly from the southeastern property corner. As it turns out, Bluff Top Road does not run through the Meyer-Sutton property, but rather runs westerly along the northern property lines of APNs 027-041-34 and -33, terminating at the western end of -33 to give APN 027-041-32 access to Bluff Top Road.

As Bluff Top Road abuts Meyer-Sutton (APN 027-041-35) along its southern border, Meyer-Sutton has direct access to the Road. This is the area that Meyer-Sutton had entered into an agreement with the current owners of APN 027-041-33 (Rand-Poppers) to record an access easement, which was included as a Letter of Intent, dated February 14, 2025, included with our CDP application.

Consequently, Meyer-Sutton no longer needs to pursue the Access Easement with RandPoppers (APN 027-041-33).

4. CDP APPLICATION FOR DRIVEWAY WITH BIOLOGICAL REPORT
Please submit a CDP application and biological report to develop the proposed driveway to the Sutton/Meyer parcel.
.…we need to include the actual development of the driveway for the Sutton/Meyer house in this CDP. It is on a different parcel and I don't have owner's authorization for the easement. Hence the need to fill out an additional CDP application.

We are in the process of preparing a Coastal Development Permit application for the development of the driveway within the Bluff Top Road roadway and public utility easement on APN 027-041-33 (Rand-Poppers), which will be submitted to the City shortly.

The Study Area for the Biological Reports that were prepared for APN 027-041-35 (MeyerSutton) include the area of the proposed driveway on Rand-Poppers. The area to be developed with the driveway is a double row of mature Monterey Cypress trees, with a dirt road and sparse understory, with bare soils, leaf litter, and mosses, as noted in Section

5.2.5 and Figures 13 & 14 of Wynn Coastal Planning & Biology's Biological Scoping, Point Arena Mountain Beaver Survey & Botanical Survey Report, dated March 30, 2022 (included as part of CDP #1-2025). No ESHAs were found within 100' of the proposed driveway, which was included in the Reports’ Study Area.

We assume that the driveway CDP can be processed utilizing the Developer Deposit Agreement that Meyer-Sutton submitted for CDP #1-2025. Please let us know if the City requires a separate DDA to process our upcoming CDP application for the driveway within the Bluff Top Road easement on Rand-Poppers.

5. NEIGHBORING ACCESS
Please provide a new site plan which includes the road access to the existing house on the adjacent parcel in the above CDP application or provide a new site plan with a new easement across the Sutton/Meyer parcel for the neighbor's driveway access.

The issue is that an OTD for a trail cannot be on an existing driveway. The existing driveway to the neighbor's house goes through an ESHA buffer on the applicant's Meyer-Sutton CDP #1-2025; RFI #1
June 10, 2025

WYNN COASTAL PLANNING & BIOLOGY
property. This driveway can either be abandoned or the Trail OTD will need to be revised. The same is true for the Trail OTD on the east side of the parcel. a) OTD for a trail cannot be on an existing driveway.

California Coastal Commission legal and public access staff were deeply involved in the creation of the Offer to Dedicate the two public access easements on the MeyerSutton property. The question of roadway and pedestrian access arose during those discussions, and CCC legal staff determined that the intermittent vehicular use of Bluff Top Road will not interfere with the public access easement.

As noted in the Offer to Dedicate (MCR Document #2024-03004):

Section 1, Description:
“Two (2) pedestrian trail dedications, each approximately 25’ wide. One trail will run laterally along the ocean and the other will function as a continuation of the existing Bluff Top Road.
“The pedestrian trail dedications are proposed on the far east and west sides of the property. Each trail dedication is 25 feet wide. The westerly dedication is approximately 180 feet from the west property line and transects the property in a north-south manner. The easterly dedication begins at the eastern property line and transects the property to the northwest approximately 60 feet from the easterly property line.”
In addition, Section V(b) provides that:
“The terms and conditions of the permit do not authorize any interference with prescriptive rights in the area subject to the easement prior to acceptance of the offer.”
On February 20, 2024, CCC Senior Legal Analyst Celeste Langille submitted a letter noting that the Executive Director of the California Coastal Commission was satisfied that the OTD is legally adequate to accomplish its purpose (Exhibit 8).

Please contact Ms. Langille with any further questions about the OTD at [email protected], 415-904-5200.
b) Existing driveway to neighbor’s house goes through an ESHA buffer on the applicant’s property.
i. The only ESHA on the Meyer-Sutton property is at the far western end of the property, more than 800’ from the double-track on the easterly end of MeyerSutton, which the Heick parcel (APN 027-041-42) uses to access Bluff Top Road. This is illustrated on our Site Plan, dated June 3, 2025 (Exhibit 9), which has been revised to illustrate the proposed driveway within the Bluff Top Road easement on Rand-Poppers.
ii. The existing double-track on the westerly portion of Meyer-Sutton is not a recorded vehicular access easement.
c) [concern about Trail OTD going through ESHA buffer]
I believe that part of your commentary expresses concern about a Trail OTD passing through an ESHA buffer. If I am reading that correctly, then I’d like to convey that both the City imposed the OTD requirement in both location and form – with the oversight of the Coastal Commission access staff – after we submitted our well CDP, which illustrated the ESHAs and their combined buffers.

Meyer-Sutton CDP #1-2025; RFI #1
June 10, 2025

WYNN COASTAL PLANNING & BIOLOGY
Public access trails are permitted to pass through ESHA buffers as well as within ESHA. There is no need to relocate the Trail OTD if the concern is relative to ESHA and ESHA buffers.
d) Site Plan illustrating easement access for northerly neighbor.

As best as we can tell, after extensive easement research, there is only one true ingress/egress easement for APN 027-041-42 (Heick), as documented on the Parcel Map as a part of the Sudden Minor Subdivision, Case 2, Drawer 49, Pages 56 & 57, recorded October 30, 1989 (Exhibit 10). This easement passes through APN 027- 041-46 and connects directly to Port Road.

The proposed project does not interfere in any way with the northerly neighbor’s access to any public right of way, be it the double-track that the northerly neighbor (Heick) uses to pass through Meyer-Sutton to get to Bluff Top Road or Heick’s own direct access to Port Road through APN 027-041-46.

EXHIBIT 1
Mendocino County Superior Court Judgement
MCOR Book 1132 Page 137

EXHIBIT 2
Meyer-Sutton Preliminary Title Report
April 14, 2025
Redwood Empire Title Company of
Mendocino County
405 S. Orchard Avenue, P. O. Box 238
Ukiah, CA 95482
Phone: (707)462-8666  Fax: (707)462-5010
Preliminary Report Page 1 20230727EM
Our No.: 20230727EM
Your No.:

Seller: John Joseph Meyer and Adrienne June
Sutton
Buyer:

When replying Please Contact:

ESCROW OFFICER: Erin Mosedale
[email protected]

UPDATED PRELIMINARY REPORT
Property Address: 840 Bluff Top Road, Point Arena, CA 95468 In response to the above referenced application for a policy of title insurance, Redwood Empire Title Company of Mendocino County hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

Dated as of April 14, 2025 at 07:30 AM.

Steve Burlesci
Chief Title Officer
[email protected]
The form of policy of title insurance contemplated by this report is:

ALTA 2006 Extended Loan Policy
CLTA Standard 1990 Owners Policy
Underwritten by Old Republic National Title Insurance Company Preliminary Report Page 2 20230727EM

SCHEDULE A

1. The estate or interest in the land hereinafter described or referred to covered by this Report is:
a Fee as to Tract One; an Easement as to Tracts Two and Three

2. Title to said estate or interest at the date hereof is vested in:

John Joseph Meyer and Adrienne June Sutton, husband and wife, as community property with right of survivorship

3. The land referred to in this report is situated in the State of California, County of Mendocino and is described as follows:

Tract One:

BEGINNING at a 1" rebar tagged LS3184 set to mark the section corner common to Sections 11, 12, 13 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown and designated upon a Record of Survey Map filed in Case 2, Drawer 16, Page 72, Mendocino County Records; thence along the section line common to Sections 11 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown and designated upon said Record of Survey Map filed in Case 2, Drawer 16, Page 72, Mendocino County Records, a distance of 494 feet to the TRUE POINT OF BEGINNING; thence North 0° 06' 28" East, to a point on a line which bears North 88° 55' 22" West from a 3/4" re-bar tagged LS3889 set to mark the section corner common to Sections 11, 12, 13 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown on a Record of Survey Map filed in Case 2, Drawer 25, Page 54, Mendocino County Records (said point marked by said re-bar being in a fence line); thence North 88° 55' 22" West, to the mean high tide line of the Pacific Ocean; thence Southerly along said mean high tide line to a point which bears North 88° 55' 34" West to the TRUE POINT OF BEGINNING; thence South 88° 55' 34" East, 1470.50 feet more or less, to the TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THE FOLLOWING:

BEGINNING at a 1" rebar tagged LS 3184 set to mark the section corner common to Sections 11, 12, 13 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown and designated upon a Record of Survey Map filed in Case 2, Drawer 16, Page 72, Mendocino County Records; thence along the section line common to Sections 11 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown and designated upon said Record of Survey Map filed in Case 2, Drawer 16, Page 72, Mendocino County Records, a distance of 494 feet to the TRUE POINT OF BEGINNING; thence North 0° 06' 28" East, to a point on a line which bears North 88° 55' 22" West, from a 3/4" re-bar tagged LS3889 set to mark the Section corner common to Sections 11, 12, 13 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown on a Record of Survey Map filed in Case 2, Drawer 25, Page 54, Mendocino County Records (said point marked by said re-bar being in a fence line); thence North 88° 55' 22" West to the intersection of the Northerly projection of the Easterly line of the parcel conveyed by Robert J. Scott, et ux, to John J. Scott, et ux, recorded March 1, 1972, Book 879 Official Records, Page 441; thence South 27° 30' 00" West along said projection to the section line common to Sections 11 and 14, Township 12 North, Range 17 West, Mount Diablo Meridian, as shown on the Record of Survey Map filed in Case 2, Drawer 16, Page 72, Mendocino County Records; thence South 88° 55' 34" East, 196' more or less, to the POINT OF BEGINNING.

APN: 027-041-35
Tract Two:

Preliminary Report Page 3 20230727EM
Non-exclusive easement for roadway and public utility purposes conveyed to Liesel E. Vielhauer, by Grant Deed recorded December 26, 1979 in Book 1241 of Official Records at page 358, Mendocino County Records.

Tract Three:

Non-exclusive easement for roadway and public utilities contained in instrument recorded September 20, 2000 as Document No.: 2000-15635 of Official Records of Mendocino County, California.

Preliminary Report Page 4 20230727EM

SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the said policy form would be as follows:

1. Taxes and assessments, general and special, for the fiscal year 2025- 2026, a lien not yet due or ascertainable.

2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California.

3. Any adverse claim based upon the assertion that some portion of said land is tide or submerged land or has been created by artificial means, or has accreted to such portion so created.

4. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed October 27, 1987 in Map Case 2, Drawer 46, Page 42 Mendocino County Records.

5. Easements, terms and provisions as contained in an instrument, Entitled : Amendment to Bluff Top Road Maintenance Agreement Recorded: May 15, 2023 as 2023-04682 of Official Records

6. Terms and provisions as contained in an instrument,
Entitled : Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions Recorded: April 12, 2024 as 2024-03004 of Official Records

END OF SCHEDULE B
INFORMATIONAL NOTES:

1. Taxes and assessments, general and special, for the fiscal year 2024 - 2025, as follows Assessor’s Parcel No.: 027-041-35
Code No.: 002-000
1st Installment: $1,683.35, Paid
2nd Installment: $1,683.35 Paid

2. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of 24 months prior to the date hereof except as follows: NONE

CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230727EM
CLTA PRELIMINARY REPORT FORM (EXHIBIT A) (01-01-08)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230727EM

3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230727EM
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

Privacy Statement 20230727EM
Privacy Statement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws.

In the course of our business, we may collect Personal Information about you from the following sources:
 From applications or other forms we receive from you or your authorized representative;  From your transactions with, or from the services being performed by us, our affiliates, or others;  From our Internet web sites;
 From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and  From consumer or other reporting agencies.

Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes.

Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement providers. We may also disclose your Personal Information:
 to agents, brokers or representatives to provide you with services you have requested.  to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and  to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest.

In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We may also disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you.

One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information.

Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests.

All requests must be made in writing to the following address: Privacy Compliance Officer Redwood Empire Title Company
P.O. Box 238
Ukiah, CA 95482
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you.

EXHIBIT 3
Meyer-Sutton Offer to Dedicate Public Access Easement
MCOR Document #2024-03004

EXHIBIT 4
Meyer-Sutton Grant Deed
MCOR Document #2019-15913

EXHIBIT 5
Vielhauer Grant Deed
with 30’ Wide Non-Exclusive Easement for Roadway and
Public Utility Purposes Described Therein
MCOR Book 1241 Page 358

EXHIBIT 6
Bluff Top Road Grant of Easement
MCOR Document #2000-15365

EXHIBIT 7
Meyer-Sutton Exhibit Map
PREPARED BY: WYNN COASTAL PLANNING & BIOLOGY 703 N. MAIN STREET FORT BRAGG, CA 95437 DRAWN DATE APPROVED DATE SCALE SHEET PROJECT NO. EXHIBIT MAP LANDS OF MEYER-SUTTON 840 Bluff Top Rd. Point Arena, CA 95468 AP #027-041-35 CDP # TH 5/25 AW 5/25 AS SHOWN 1 OF 1 0' 100' 200' 300' APN: 027-041-36 APN: 027-041-35 1" REBAR L.S. 3184 3/4" REBAR L.S. 3184 1" REBAR L.S. 3184 (POR) 3/4" REBAR L.S. 3184 34" LS 3889 ON 2-46-42 (1987) (NEW 11-12-14-13 SECTION CORNER) APN: 027-041-32 APN: 027-041-33 1" REBAR L.S. 3184 (OLD 11-12-14-13 SECTION CORNER) 1" REBAR L.S. 3184 POINT OF REFERENCE 1" REBAR L.S. 3184 1" REBAR L.S. 3184 POINT OF REFERENCE 34" REBAR LS 3889 APN: 027-041-42APN: 027-041-46 APN: 027-041-45 APN: 027-041-31 25' WIDE ROADWAY & PUBLIC UTILITY EASEMENT TO SERVE PARCEL 1 (APN: 027-041-42) 1787-534 (1989), ILLUSTRATED UPON THE PARCEL MAP FILED ON OCTOBER 30, 1989 IN MAP CASE 2, DRAWER 49, PAGES 56 & 57 PORT ROAD APN: 027-041-34 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 BLUFF TOP ROAD NOTES: PORTIONS OF APNs: 027-041-42, -45, -46 ARE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. TRAVELED WAY OF BLUFF TOP ROAD IS NOT WITHIN THE ACTUAL BLUFF TOP ROAD RECORDED EASEMENT (DOCUMENT #2000-15635). THE RECORDED EASEMENT IS INTENTIONALLY LOCATED ON THE EASTERLY SIDE OF THE RIDGE TO ALLOW FOR GREATER PRIVACY FOR HOME SITE(S). APN: 027-041-35 & -36 WAS CREATED AS A RESULT OF A JUDGEMENT IN 1978, 1132-137. SUDDEN WAS ORDERED TO RELINQUISH THE REAL PROPERTY TO SCOTT & DEROSA. IN 1979 SCOTT & DEROSA GRANTED MUNOZ APNs: 027-041-31 & -36, 1241-310. ALSO IN 1979 SCOTT & DEROSA GRANTED VIELHAUER APN: 027-041-35, 1241-358. ILLUSTRATED UPON THE PARCEL MAP FILED IN FEBRUARY 1987 IN MAP CASE 2, DRAWER 46, PAGES 42. 30' WIDE NON-EXCLUSIVE EASEMENT FOR ROADWAY & PUBLIC UTILITY PURPOSES 2000-15635 & 1241-358 (1979) PREPARED BY: WYNN COASTAL PLANNING & BIOLOGY 703 N. MAIN STREET FORT BRAGG, CA 95437 DRAWN DATE APPROVED DATE SCALE SHEET PROJECT NO. EXHIBIT MAP LANDS OF MEYER-SUTTON 840 Bluff Top Rd. Point Arena, CA 95468 AP #027-041-35 CDP # TH 5/25 AW 5/25 AS SHOWN 1 OF 1 0' 100' 200' 300' APN: 027-041-36 APN: 027-041-35 1" REBAR L.S. 3184 3/4" REBAR L.S. 3184 1" REBAR L.S. 3184 (POR) 3/4" REBAR L.S. 3184 34" LS 3889 ON 2-46-42 (1987) (NEW 11-12-14-13 SECTION CORNER) APN: 027-041-32 APN: 027-041-33 1" REBAR L.S. 3184 (OLD 11-12-14-13 SECTION CORNER) 1" REBAR L.S. 3184 POINT OF REFERENCE 1" REBAR L.S. 3184 1" REBAR L.S. 3184 POINT OF REFERENCE 34" REBAR LS 3889 APN: 027-041-42APN: 027-041-46 APN: 027-041-45 APN: 027-041-31 25' WIDE ROADWAY & PUBLIC UTILITY EASEMENT TO SERVE PARCEL 1 (APN: 027-041-42) 1787-534 (1989), ILLUSTRATED UPON THE PARCEL MAP FILED ON OCTOBER 30, 1989 IN MAP CASE 2, DRAWER 49, PAGES 56 & 57 PORT ROAD APN: 027-041-34 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 BLUFF TOP ROAD NOTES: PORTIONS OF APNs: 027-041-42, -45, -46 ARE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. TRAVELED WAY OF BLUFF TOP ROAD IS NOT WITHIN THE ACTUAL BLUFF TOP ROAD RECORDED EASEMENT (DOCUMENT #2000-15635). THE RECORDED EASEMENT IS INTENTIONALLY LOCATED ON THE EASTERLY SIDE OF THE RIDGE TO ALLOW FOR GREATER PRIVACY FOR HOME SITE(S). APN: 027-041-35 & -36 WAS CREATED AS A RESULT OF A JUDGEMENT IN 1978, 1132-137. SUDDEN WAS ORDERED TO RELINQUISH THE REAL PROPERTY TO SCOTT & DEROSA. IN 1979 SCOTT & DEROSA GRANTED MUNOZ APNs: 027-041-31 & -36, 1241-310. ALSO IN 1979 SCOTT & DEROSA GRANTED VIELHAUER APN: 027-041-35, 1241-358. ILLUSTRATED UPON THE PARCEL MAP FILED IN FEBRUARY 1987 IN MAP CASE 2, DRAWER 46, PAGES 42. 30' WIDE NON-EXCLUSIVE EASEMENT FOR ROADWAY & PUBLIC UTILITY PURPOSES 2000-15635 & 1241-358 (1979) EXHIBIT 8
California Coastal Commission Letter of Satisfaction Regarding Meyer-Sutton OTD
STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION 455 M ARKET S T , SUITE 300 SAN FRANCISCO, CA 94105
VOICE (415) 904- 5200
February 20, 2024

VIA EMAIL

City Planner
City of Point Arena
[email protected]
Re: Offer to Dedicate Public Access Easement for Coastal Development Permit 1-2022 (Meyer-Sutton)
Dear City Planner and Ms. Wynn:

Thank you for your ongoing correspondence regarding the draft Offer to Dedicate Public Access Easement ("Easement") imposed by the City of Point Arena City Council as Condition 3 of the above referenced permit. Based on the revised Easement, and pursuant to Title 14 of the California Code of Regulations section 13574, the Executive Director is satisfied that the Easement document is legally adequate to accomplish its purpose. Therefore, the Commission’s review is complete.

Please send me a copy of the recorded Easement, along with a preliminary report dated after the date of recording which shows that the Easement appears in the chain of title and is free of prior liens and encumbrances.

Please let me know if you have any questions or concerns. Thank you for your assistance with this matter.

Sincerely,
Celeste Langille
Senior Legal Analyst
Cc: Paul Andersen, City Manager
[email protected]
Amy Wynn
Principal Planner
Wynn Coastal Planning & Biology
[email protected]
EXHIBIT 9
Meyer-Sutton Site Plan
Revised June 3, 2025
Lands of Meyer & Sutton a Portion of the S.E. 1/4 of Section 11, Township 12 North, Range 17 West, Mount Diablo Meridian Mendocino County, CA General Notes General Plan Designation: AE Zoning District: AE Proposed Land Use: SFR, Garage w/ SDU, AG Appealable to Coastal Commission: Yes Entitlement Permit Type: CDP Yard Setbacks: 30' front, 20' rear & 10' sides Corridor Preservation Setback: n/a Height Limit: 35' Environmental Constraints: Yes Potential Geologic Hazards: No (more than 125' from Bluff Edge) Landscaping: No Water Source: Existing Well Tree Removal: None CDP Lot Coverage Tabulation Gross Site Area: Gross Site Area: 2.06 ac (89,733 sf) Maximum allowable lot coverage: 15% (13,460 sf) LEGEND: NORTHERN COASTAL BLUFF SCRUB BEHREN'S SILVERSPOT BUTTERFLY (E) UNIMPROVED DRIVEWAY (P) GRAVEL DRIVEWAY (P) BUILDING (P) DECKING (P) CONCRETE TREES 50' BUFFER 100' BUFFER YARD SETBACK APPROXIMATE TOP OF BLUFF (E) WELL UNDER SEPARATE CDP APPLICATION 50' B 100' B x' Y Lot Coverage: (P) Footprint Residence: 1,664 sf (P) Footprint Garage w/ SDU: 640 sf (P) Footprint - Decks: 865 sf (P) Footprint - Concrete: 530 sf (P) Footprint - Green Houses: 640 sf (P) Footprint - Pump House: 48 sf (P) Footprint - Water Storage Tank: 29 sf Proposed Total Building Footprint: 4,416 sf Total Lot Coverage (Footprint): 4,416 sf (4.92%) (P) Driveway & Parking: 2,169 sf Total Driveway & Parking: 2,169 sf Sensitive Resources: Legend Type Distance from Development NORTHERN COASTAL BLUFF SCRUB 586' ± BEHREN'S SILVERSPOT BUTTERFLY 497' ± TOB 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 20' Y
30' Y

79.83' 1274.50' 1314.93' 0' 50' 100' 150'
TOB
100' 50'
50'
50'
100'
100'
100' 100'
50' S
50' S
S S S (P) LEACHFIELD (P) EXTENT OF TOPSOIL (P) 100% SEPTIC REPLACEMENT AREA (E) NEIGHBORING WELL & WATER TANK (E) DRIVEWAY (E) 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 (E) 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 (P) SFR (P) GARAGE W/ SDU(P) PLANTING BED (TYP.) 32' x 20' (P) GREEN HOUSES (TYP.) 16' x 10' 16' 10' (P) GREEN HOUSE FLOOR PLAN N.T.S.

S S S
S S
S S
S S S S S S S S S S S S S S S S (P) 1200 GALLON CONCRETE PUMP CHAMBER (P) 1200 GALLON CONCRETE SEPTIC TANK (P) FORCE LINE (P) PUMP HOUSE FLOOR PLAN N.T.S. 8' 6' (P) PUMP HOUSE ELEVATIONS N.T.S. (E) 30' WIDE NON-EXCLUSIVE EASEMENT FOR ROADWAY & PUBLIC UTILITY PURPOSES 2000-15635 & 1241-358 15' MAX. (P) PUMP HOUSE (P) ABOVE GROUND WATER STORAGE TANK (P) UNDER GROUND WATER STORAGE TANK (P) 10' WIDE DRIVEWAY Grey Font UNDER SEPARATE CDP APPLICATION 40' 40' APN: 027-041-35 SITE PLAN 1 : 50 1 840 Bluff Top Road

MEYER & SUTTON
Point Arena, CA 95468 SHEET
1 REVISION BY DATE APN:
027-041-35-00
DRAWN BY: TH
SCALE: AS SHOWN
APPROVED BY: AW OF 2 SHEETS
DATE: 2/13/2025
Design review, not meant for construction.

Site Plan not a result of Professional Land
Surveyor data, verify data in field. (P) GREEN HOUSE ELEVATION N.T.S. 15' MAX. HEIGHT
Bluff Top Road
Access Easement TH 6/3/25
10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 10' Y 30' Y 30' Y 79.83'
1274.50'
1314.93'
50' S
50' S 50' S
50' S S S S S S (P) LEACHFIELD
(P) EXTENT OF TOPSOIL
(P) 100% SEPTIC

REPLACEMENT AREA
(E) NEIGHBORING

WELL & WATER TANK
(E) DRIVEWAY

EDICATE
(E) 25' WIDE OFFER TO DEDICATE

PUBLIC ACCESS EASEMENT
2024-03004
(P) SFR
(P) GARAGE W/ SDU
(P) PLANTING BED (TYP.)
32' x 20'
(P) GREEN HOUSES (TYP.)
16' x 10'

S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S (P) 1200 GALLON CONCRETE

PUMP CHAMBER
(P) 1200 GALLON CONCRETE

SEPTIC TANK (P) FORCE LINE
(E) 30' WIDE NON-EXCLUSIVE

EASEMENT

FOR ROADWAY & PUBLIC

UTILITY PURPOSES
(P) PUMP HOUSE 2000-15635 & 1241-358
(P) ABOVE GROUND

WATER STORAGE TANK
(P) UNDER GROUND

WATER STORAGE TANK
(P) 10' WIDE DRIVEWAY

UNDER SEPARATE CDP APPLICATION
40' 40'
APN: 027-041-35
LEGEND:Black Font MEYERS-SUTTON PROPOSED DEVELOPMENT ELEMENTS FOR CDP APPLICATION ON APN: 027-041-35 Grey Font POPPERS-RAND PROPOSED DEVELOPMENT ELEMENTS FOR CDP APPLICATION ON APN: 027-041-33 ENLARGED PROPOSED DEVELOPMENT AREA 1 : 30 1
840 Bluff Top Road

MEYER & SUTTON
Point Arena, CA 95468
SHEET2
REVISION BY DATE APN:
027-041-35-00
DRAWN BY: TH
SCALE: AS SHOWN
APPROVED BY: AW
OF 2 SHEETS
DATE: 2/13/2025
Design review, not meant for construction.

Site Plan not a result of Professional Land
Surveyor data, verify data in field.

Bluff Top Road
Access Easement TH 6/3/25
EXHIBIT 10
Sudden Parcel Map
C2 D49 P56 & 57

PREPARED BY: WYNN COASTAL PLANNING & BIOLOGY 703 N. MAIN STREET FORT BRAGG, CA 95437 DRAWN DATE APPROVED DATE SCALE SHEET PROJECT NO. EXHIBIT MAP LANDS OF MEYER-SUTTON 840 Bluff Top Rd. Point Arena, CA 95468 AP #027-041-35 CDP # TH 5/25 AW 5/25 AS SHOWN 1 OF 1 0' 100' 200' 300' APN: 027-041-36 APN: 027-041-35 1" REBAR L.S. 3184 3/4" REBAR L.S. 3184 1" REBAR L.S. 3184 (POR) 3/4" REBAR L.S. 3184 34" LS 3889 ON 2-46-42 (1987) (NEW 11-12-14-13 SECTION CORNER) APN: 027-041-32 APN: 027-041-33 1" REBAR L.S. 3184 (OLD 11-12-14-13 SECTION CORNER) 1" REBAR L.S. 3184 POINT OF REFERENCE 1" REBAR L.S. 3184 1" REBAR L.S. 3184 POINT OF REFERENCE 34" REBAR LS 3889 APN: 027-041-42APN: 027-041-46 APN: 027-041-45 APN: 027-041-31 25' WIDE ROADWAY & PUBLIC UTILITY EASEMENT TO SERVE PARCEL 1 (APN: 027-041-42) 1787-534 (1989), ILLUSTRATED UPON THE PARCEL MAP FILED ON OCTOBER 30, 1989 IN MAP CASE 2, DRAWER 49, PAGES 56 & 57 PORT ROAD APN: 027-041-34 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 BLUFF TOP ROAD NOTES: PORTIONS OF APNs: 027-041-42, -45, -46 ARE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. TRAVELED WAY OF BLUFF TOP ROAD IS NOT WITHIN THE ACTUAL BLUFF TOP ROAD RECORDED EASEMENT (DOCUMENT #2000-15635). THE RECORDED EASEMENT IS INTENTIONALLY LOCATED ON THE EASTERLY SIDE OF THE RIDGE TO ALLOW FOR GREATER PRIVACY FOR HOME SITE(S). APN: 027-041-35 & -36 WAS CREATED AS A RESULT OF A JUDGEMENT IN 1978, 1132-137. SUDDEN WAS ORDERED TO RELINQUISH THE REAL PROPERTY TO SCOTT & DEROSA. IN 1979 SCOTT & DEROSA GRANTED MUNOZ APNs: 027-041-31 & -36, 1241-310. ALSO IN 1979 SCOTT & DEROSA GRANTED VIELHAUER APN: 027-041-35, 1241-358. ILLUSTRATED UPON THE PARCEL MAP FILED IN FEBRUARY 1987 IN MAP CASE 2, DRAWER 46, PAGES 42. 30' WIDE NON-EXCLUSIVE EASEMENT FOR ROADWAY & PUBLIC UTILITY PURPOSES 2000-15635 & 1241-358 (1979) PREPARED BY: WYNN COASTAL PLANNING & BIOLOGY 703 N. MAIN STREET FORT BRAGG, CA 95437 DRAWN DATE APPROVED DATE SCALE SHEET PROJECT NO. EXHIBIT MAP LANDS OF MEYER-SUTTON 840 Bluff Top Rd. Point Arena, CA 95468 AP #027-041-35 CDP # TH 5/25 AW 5/25 AS SHOWN 1 OF 1 0' 100' 200' 300' APN: 027-041-36 APN: 027-041-35 1" REBAR L.S. 3184 3/4" REBAR L.S. 3184 1" REBAR L.S. 3184 (POR) 3/4" REBAR L.S. 3184 34" LS 3889 ON 2-46-42 (1987) (NEW 11-12-14-13 SECTION CORNER) APN: 027-041-32 APN: 027-041-33 1" REBAR L.S. 3184 (OLD 11-12-14-13 SECTION CORNER) 1" REBAR L.S. 3184 POINT OF REFERENCE 1" REBAR L.S. 3184 1" REBAR L.S. 3184 POINT OF REFERENCE 34" REBAR LS 3889 APN: 027-041-42APN: 027-041-46 APN: 027-041-45 APN: 027-041-31 25' WIDE ROADWAY & PUBLIC UTILITY EASEMENT TO SERVE PARCEL 1 (APN: 027-041-42) 1787-534 (1989), ILLUSTRATED UPON THE PARCEL MAP FILED ON OCTOBER 30, 1989 IN MAP CASE 2, DRAWER 49, PAGES 56 & 57 PORT ROAD APN: 027-041-34 25' WIDE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT 2024-03004 BLUFF TOP ROAD NOTES: PORTIONS OF APNs: 027-041-42, -45, -46 ARE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. TRAVELED WAY OF BLUFF TOP ROAD IS NOT WITHIN THE ACTUAL BLUFF TOP ROAD RECORDED EASEMENT (DOCUMENT #2000-15635). THE RECORDED EASEMENT IS INTENTIONALLY LOCATED ON THE EASTERLY SIDE OF THE RIDGE TO ALLOW FOR GREATER PRIVACY FOR HOME SITE(S). APN: 027-041-35 & -36 WAS CREATED AS A RESULT OF A JUDGEMENT IN 1978, 1132-137. SUDDEN WAS ORDERED TO RELINQUISH THE REAL PROPERTY TO SCOTT & DEROSA. IN 1979 SCOTT & DEROSA GRANTED MUNOZ APNs: 027-041-31 & -36, 1241-310. ALSO IN 1979 SCOTT & DEROSA GRANTED VIELHAUER APN: 027-041-35, 1241-358. ILLUSTRATED UPON THE PARCEL MAP FILED IN FEBRUARY 1987 IN MAP CASE 2, DRAWER 46, PAGES 42. 30' WIDE NON-EXCLUSIVE EASEMENT FOR ROADWAY & PUBLIC UTILITY PURPOSES 2000-15635 & 1241-358 (1979) From: Amy Wynn, Wynn Coastal Planning <[email protected]>
Sent: Saturday, July 19, 2025 2:11 PM
To: J Jones Marie <[email protected]>
Cc:

Subject: Meyer-Sutton; CDP 2025-0001, CDP 2025-0002 - comments/Qs Hi Marie,
Thanks for your staff reports.

Here are our comments and thoughts on the Staff Reports, including your potential revision to SC8:

CDP #1-2025 (SFR & AG)
ADDRESS: The Meyer-Sutton address is 840 Bluff Top Road (not 890). I think the incorrect address is stuck in the City’s tracking.

AGENCY COMMENTS: Can you please send me the agency comments? I think CDFW had the only substantive comments.

SC1 (A):

The house and garage are modest; the parcel is narrow with challenging topography in its center. When looking at the easily accessible portion of the property (the upper terrace) where the Ag op and home are located, a large portion is dedicated to Ag.

Our proposed Ag op is 2,560sf. The SFR is only 1,664, which is pretty modest. The ADU above the garage is 640sf, and the Garage is 640sf; also modest. The garage will also serve as storage and a workshop supporting the Ag op. FYI, Meyer-Sutton will build the Garage & ADU first, live in the ADU and then move into the house when that’s built. You include concrete and decks. The concrete is the garage apron. The decks are managed outdoor living space. The max lot coverage is 15%. We propose 4.92%. There’s nothing in the ZO that requires the Ag Op to be physically larger in area than the residential space.

The entire western portion of the property, excepting the OTD, is available for someone to develop as ag in the future if they so desire.

SC1 (B):

We see no nexus for removing the decks; they are managed outdoor living space that does not displace potential ag.

Please delete SC1B.

SC2: A pretty funny typo “dead” restriction. Some people feel do that way about DRs, lol.

SC4 (Native Veg):

1. Horticultural: Can you please make it clear that this SC relates to non-ag plantings? Perhaps edit like this:
o “The applicant shall plant only locally native plants or trees in their horticultural landscaping.” Perhaps also add something like: “this Condition does not apply to the Agricultural operation."

2. Windbreak:
o The Monterey cypresses serve as a very helpful windbreak, especially for the proposed Ag Operation. Since this portion of the property is all non-natives, can we retain this feature by replacing the cypresses in kind? We will need a species that grows fast and functions as a windbreak for the Ag Op.

SC7 (western pathway):

This is an unimproved track that one neighbor drives on about a dozen times a year. Pretty much no one else uses this. There is no gravel. There’s no improvement to relocate.

The only ESHA on the property persists in close proximity to this infrequently-traveled way. I see no relationship between the path and the bluff top ESHA.

The butterfly was probably blown onto the property; there is no habitat for the BSB on this property, therefore, no reason for the BSB to stay.

Please delete SC7.

SC8 (additional OTD):

In either iteration of the SC language, I don’t understand why would we do this.

There is already an OTD on the property in two locations.

When we obtained the Well CDP, the City deliberated about the location of the OTD on the property. At that time, the City Planner and City Council determined that the middle route was excessive, and that public access needs would be satisfied with only the westerly and easterly access locations. The CCC supported this determination. Basically, this has already been adjudicated with full awareness and there is nothing to correct and nothing to add.

We recorded the DR exactly where the City & CCC required us to record it. If the City wants the western portion of the OTD relocated, the City should pay for that expense. It involved a land surveyor, preparing the docs, getting the language and form approved by CCC and the City, and the recording fees. It’s not cheap.

Please delete Optional SC8.

SC10 (dog violet for BSB):

There is no nexus for this SC. Our development is proposed very far away from where the BSB was seen. You may want to encourage the property owners to do some of this, but to make it a requirement has no nexus to the project’s potential impact to BSB.

Please delete SC10.

SC14 (symbolic fencing):

Assuming that we do not move the existing prescriptive access and the recorded OTD, we will need to be careful to not block access along the pathway. I suggest that SC14 be revised to require the symbolic fencing be placed along the westerly boundary of the OTD. “…The applicant shall install symbolic habitat protective fencing outside of the 100-foot buffer, along the westerly boundary of the western Public Access Offer to Dedicate,…." CDP #2-2025 (Driveway):

SITE PLANS:

The site plans for the driveway on Rand-Poppers-Rand shows the driveway in bold and the Meyers-Sutton Ag/SFR development in Grey; attached for easy reference.

I’m traveling today and can check on this intermittently until EOD Monday. I'll be on a plane on Tuesday morning, then driving straight to Point Arena. I can’t recall if wifi on a plane will let me receive email; I have a feeling not. If you need anything on Tuesday while I’m traveling, you can text me at 707-813-8474.

Thanks!
Amy
Amy Wynn, Principal Planner
Wynn Coastal Planning & Biology
703 North Main Street
Fort Bragg, CA 95437
ph: 707-964-2537
fax: 707-964-2622
www.WCPlan.com

MOAT CREEK MANAGING AGENCY
P.O. Box 404 Point Arena, CA 95468 • (707) 884-1300
July 21, 2025
Public Comment regarding:

CASE: CDP# 2025-01
OWNER: Adrienne Sutton & John Meyer
APN: 027-041-35
LOCATION: 890 Bluff Top Road, Point Arena, CA
PUBLIC HEARING DATE: July 22, 2025
Moat Creek Managing Agency has improved and maintained access to south coast Mendocino County for over 30 years. We know the importance of public access easements and also that they can be lost when a fixed easement is defined at the bluff’s edge.

We appreciate the thorough review of public access in this permit application and the responsiveness of the applicants. We write this comment to insure that the western most segment of the trail easement is recorded as a “floating easement” or what the Coastal Commission now calls an “ambulatory easement”. This is an easement that accommodates bluff edge erosion by walking back and maintaining a 25 foot easement from the bluff edge.

As noted in the staff report, this permit may be a model for future permits and the importance of requiring an ambulatory easement is significant.

Thank you,
Patricia Schwindt, Treasurer, MCMA
Leslie Dahlhoff, Secretary, MCMA