STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
1 | P a g e
APPLICANT: Paul Collins, The Record
Suite A
Point Arena, CA 95468
OWNERS: Paul Collins, The Record
265 Main St Suite A
Point Arena, CA 95468
AGENTS: none
REQUEST: Coastal Development Permit and Use Permit to serve alcohol between the hours of 3-10pm and provide amplified musical events 2-3 days a week from the hours of 3-10pm. Coastal Development Permit and Architectural Review to install an awning with plastic roof over the existing deck.
LOCATION: In the Coastal Zone, in the City of Point Arena, Mendocino County, at 265 Main St Suite A.
TOTAL ACREAGE: APNs: 027-111-24-00; 8,107 SF, 0.186 Acres GENERAL PLAN: Commercial Core
ZONING: Commercial Core (C)
EXISTING LAND USE(S): Restaurant serving wine.
ADJACENT LAND
USE(S):
North: Residential.
South: Residential
East: Residential
West: Post Office.
ENVIRONMENTAL
DETERMINATION:
Categorical Exemption, Infill Development, Small Structures.
PROJECT DESCRIPTION: See above under request.
APPEALS: This project is not appealable to the Coastal Commission.
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
2 | P a g e
RECOMMENDED ACTION:
Pursuant to the provisions of Chapter 18.30.080 and Chapter 18.30.090 of the Point Arena Municipal Code, the City Council approves the proposed project including the Coastal Development Permit, Use Permit and Architectural Review and adopts the findings and conditions of approval in the Staff Report.
PROJECT BACKGROUND
The Record currently serves beer and wine, food, and hosts live music once of twice a week. The Record is seeking a license from the Alcohol and Beverage Commission (ABC) to serve alcoholic drinks in addition to beer and wine. Through the licensing process, staff determined that the Record needs a Use Permit to serve alcohol as part of a restaurant or as part of a bar. City staff in the past provided approval to the record to serve beer and wine without realizing that a use permit is also required. Additionally, the Record is seeking a Design Review for the installation of an awning over their existing deck.
LAND USE AND ZONING
Land Use Determination. Section § 18.20.070 Core commercial or C zone includes the following purpose for this zoning district:
“The commercial core zone is intended to be applied to properties so designated on the zoning map which are most suitable for the provision of goods and services for residents and visitors at a scale appropriate to the traditional small-scale downtown area. Development in these areas should promote commercial uses, offices, cultural activities, and urban housing while maintaining the city's unique and historic small-town character. Connection to municipal water and sewer systems shall be required. Appropriate and adequate water and sewer services as well as adequate traffic capacity must be demonstrated prior to approval of development in these areas.” The project complies with this purpose as the project would serve residents and visitors with commercial use and cultural activities. The project utilizes a historic building and is thus compatible with the Point Arean’s small-town character.
Per Section 18.20.070 (1) The proposed components of the project are conditionally permitted uses” as follows:
Use Category Proposed Project
Bars and restaurants with bars.
Theaters, commercial recreation
facilities and social halls.
The record is a restaurant that serves food, wine,
beer and wants to serve alcoholic drinks.
Live music fits most closely with this use type.
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
3 | P a g e
Development Standards
The project is consistent with the various applicable development standards of the C zoning district, as follows:
Development Standards:
Requirement Project Conformance
Setbacks:
front, none
rear, 15 feet
side, none
The proposed arbor would comply
with this requirement
Front setback is 6 feet;
Rear is 63 feet; and both side
setbacks are 0 feet
Yes.
Height 35’ The proposed arbor would be 18’
feet at its connection to the
building.
Yes
Parking 18.25.190
Per section 18.25.190 the existing use is legal non-conforming with regard to parking requirements as this building has not had parking facilities since it was constructed, prior to the adoption of the City’s zoning ordinance in 1981.
The prior restaurant (Fog Eaters) paid a $12,000 parking in-lieu fee to cover the necessary six parking spaces for the restaurant. The payment of the in-lieu fee runs with the land and so the City cannot require the new business to pay a new parking in-lieu fee.
The code requires that even for legal non-conforming parking, if a building or use is expanded than new parking should be established for the expansion. However, the addition of a trellis does not qualify as the expansion of the use, as the deck is pre-existing and the number of patrons would not increase.
Landscaping and Screening 18.25.140
The Project is not proposing to change existing landscaping on the site which comply with landscaping requirements.
18.25.150 Architectural Review
The proposed Project will comply with the requirements of Site Development and Architectural Review except for the following two requirements:
Relevant Requirements Compliance & Mitigation
18.25.150 4 (c) Materials and colors used in
construction shall be selected for compatibility both
with the structural system of the building and with
The proposed colors were not included as
part of the planning permit application;
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
4 | P a g e
the appearance of the building's natural and manmade surroundings. Preset architectural styles (e.g., standard fast food restaurant designs) shall
be avoided.
therefore Special Condition 1 is
recommended.
18.25.150 4h. When reviewing the design of
commercial or residential buildings, the planning
commission shall ensure that 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.
The proposed deck arbor is large and will
partially screen the existing character of
the historic building that currently houses
The Record. However, the use of a
transparent roof will somewhat improve
the massing of this structure. The City
Council can condition the arbor to cover a
smaller portion of the deck if it wants to
reduce this visual impact. One possibility
is to add a special condition that the trellis
will not cover the first 15 feet of the deck
facing highway 1. This is added as an
optional special condition 2.
Special Condition 1: Arbor Colors. The applicant shall match the new arbor’s colors with the colors of the existing structure. A color swatch will be included with the Building Permit application for review by the City Planner prior to approval of the Building Permit.
Option Special Condition 2: The applicant shall revise the design for the trellis to set the start of the trellis at least 15 feet behind the western edge of the deck to make the project more compatible with the design of the historic structure.
Impact on Historic District. The Record is listed as a contributing structure to the Main Street Historic Commercial District, and as such, care should be exercised to ensure that additions to the structure do not negatively impact its historic character. The City does not currently require the opinion of a historic architect to make this finding, therefore the City Council has the final say on this issue. The addition of the roofed trellis will make this structure appeal larger and it is not of the same character as the rest of the building.
Special Condition 2 may reduce this visual impact on the historic character of the building somewhat. However, the City Council could also limit the trellis structure to the back half of the deck leaving the side doors visible from the street.
Use Permit Analysis
The City Council must make the following findings when approving a conditionally permitted project such as the bar/restaurant and the live music venue. The table below includes the specific Use Permit Finding and the corresponding analysis illustrating if the finding can be made or if a special condition is required.
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
5 | P a g e
Use Permit Finding (a) That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community;
The existing restaurant has been serving beer and wine without incident for a number of years. However, the City has received some complaints about noise levels from the existing live music activities. The City’s Noise Ordinance establishes day and nighttime limits for noise. Specifically, Section 9.35.040(1) limits noise to no more than 60 dB (Ldn) anywhere in the City. Additionally, Section 9.35.040 (3) requires that “New development in all zones must not raise the ambient noise levels in any residential zone within the city.
Where residential zoning is adjacent to other zones, the lower residential noise limits will apply.” The Record’s property is adjacent to residential zoning district on the east property line. Residential daytime noise levels are regulated as follows: “50 Leq(1) at the property line of the property within which the noise generated is located, 80 dB (Lmax) at the property line or sensitive receptors.” Furthermore night time noise levels are regulated as follows: Nighttime Limits (8:00 p.m. to 7:00 a.m.) for Residential: 25 Leq(1) at the property line 60 dB (Lmax) at the property line or sensitive receptors.
Additionally, section 9.35.040 (4) requires that: “New developments in commercial and industrial zones shall be designed, sited and screened in such a way as to avoid or suppress noise and the impact of any noise on existing and proposed residential settings; and, noise buffers (walls, trees, landscaping, open spaces, berms, other buildings) between industrial/commercial activities and residential and other noise-sensitive activities shall be required as a condition of development permits.” The addition of the outdoor arbor has the potential to result in more nigh-time noise as people who are drinking have a tendency to talk loudly, and many people drinking together tends to result in significant external noise.
Therefore, the City Council could require the following special condition to remedy the noise issues associated with live music and the addition of the trellis to the outdoor deck.
The adoption of this special condition should result in conformance with the noise ordinance and compliance with Use Permit Finding (a) above.
Special Condition 3: The applicant shall engage in all of the following noise reduction strategies during operations or be subject to a misdemeanor. a. Stop serving on the outdoor deck at 7:00pm and close the outdoor deck to occupancy by 8:00pm.
b. Stop live music performances at 9:30 and ensure that all windows to the east are closed during live music performances.
c. Lower the sound levels so that live music does not generate more than 60 decibels max at the east property line, and 70 decibels max on the north and south property lines.
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
6 | P a g e
Use Permit Finding (b) That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
(i) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures, and
(ii) The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading, and
(iii) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor, and
(vi) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and The proposed project would comply with all of the above findings given previously recommended special conditions around the issue of noise. (c) That such use or feature as proposed will comply with the applicable provisions of this title, will be consistent with the policies and programs of the general plan and will assist in carrying out and be in conformity with the Point Arena coastal program; and
This finding can be made per the analysis of this staff report. (d) That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and This project is exempt from the requirements of CEQA as an urban infill project and as the addition of small structures.
(e) When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater, that:
(i) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii) The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
7 | P a g e
(iii) The development is compatible with the established physical scale of the area, and
(iv) The development does not significantly alter existing natural landforms, and
The development complies with shoreline erosion and geologic setback requirements.
This project is not located between the sea and the first public right of way.
Coastal Development Permit Analysis
This project is not exempt from the requirement to obtain a CDP because it is more than 500 SF and taller than 15 feet in height. Nevertheless, the project will not have any impacts on coastal resources because:
• It will not impact public access or recreational opportunities. • It is not located within an area subject to coastal hazards (bluff erosion, sea level rise, steep slopes).
• Likewise, it will not have any impacts on ESHAs or wetlands, and it is not located in an area that is subject to flooding.
• The project does not include any ground disturbance and so will not have an impact on archaeological resources.
• Finally, it is not located within a view corridor as defined by the City’s General Plan.
Therefore, all the findings to approve the Coastal Development Permit can be made and are included below.
PROJECT FINDINGS AND CONDITIONS
Recommended Action
Pursuant to the provisions of Chapter 18.30.080 and Chapter 18.30.090 of the Point Arena Municipal Code, the City Council approves the proposed project including the Coastal Development Permit, Use Permit and Architectural Review and adopts the findings and conditions of approval in the Staff Report.
Use Permit Findings (18.30.080 (2))
(a) That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and
(b) That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
8 | P a g e
property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
(i) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures, and
(ii) The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading, and
(iii) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor, and
(iv) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and (c) That such use or feature as proposed will comply with the applicable provisions of this title, will be consistent with the policies and programs of the general plan and will assist in carrying out and be in conformity with the Point Arena coastal program; and (d) That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and (e) When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater, that:
(i) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii) The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and
(iii) The development is compatible with the established physical scale of the area, and
(iv) The development does not significantly alter existing natural landforms, and (v) The development complies with shoreline erosion and geologic setback requirements.
Coastal Development Permit Findings (18.30.080 (1))
1. The proposed development as described in the application and accompanying materials, as modified by any conditions of approval, is in conformity with the city of Point Arena’s certified local coastal program and will not adversely affect coastal resources.
2. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment.
3. The proposed use is consistent with the purposes of the zone in which the site is located.
STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
9 | P a g e
4. The proposed development is in conformance with the city of Point Arena’s general plan.
5. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
6. Services, including, but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development.
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, STAFF REPORT Use Permit# 2026-01, Arch Review 2026-1, CDP 5-2026 (The Record) Oct 20, 2026
10 | P a g e
size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.
8. A two-year limitation applies to all coastal development, variance, conditional use, design review, planned residential development, or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void, except where construction and or use of the property in reliance on such permit has been initiated prior to its expiration.
To remain valid, progress toward completion of the project must be continuous.
On or before the date of expiration of a coastal development permit, variance, conditional use permit, design review, planned residential development, or comprehensive development plan, the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. A renewal could be processed under Administrative review by the City, on a cost-recovery basis, for a renewal period of two years.
Special Conditions
1. Arbor Colors. The applicant shall match the new arbor’s colors with the colors of the existing structure. A color swatch will be included with the Building Permit application for review by the City Planner prior to approval of the Building Permit.
2. The applicant shall revise the design for the trellis to set the start of the trellis at least 15 feet behind the western edge of the deck to make the project more compatible with the design of the historic structure.
3. The applicant shall engage in all of the following noise reduction strategies during operations or be subject to a misdemeanor.
a. Stop serving on the outdoor deck at 7:00pm and close the outdoor deck to occupancy by 8:00pm.
b. Stop live music performances at 9:30 and ensure that all windows to the east are closed during live music performances.
c. Lower the sound levels so that live music does not generate more than 60 decibels max at the east property line, and 70 decibels max on the north and south property lines.
Staff Report prepared by:
________________________________ ___Sept 23, 2026_____________ Marie Jones, City Planner Date
ATTACHMENTS
1. The Record Trellis Plan Set
2. Photos of existing Conditions
DECK
TAPROOM
EXISTING ADA RAMP DN EXISTING
PLANTER
1 4"X10" RAFTERS @ 2' O.C.
2 1'-4" 12'-9" 10'-11" 11'-3" 11'-4"
DN
6"X10" BEAM
DOWNSPOUT
DOUBLE 2"X6" LEDGER 16' +/-
12"
2" +/-
6"X6" POST TYPICAL
6"X6" POST TYPICAL
2"X6" KNEE BRACING
3 GUTTER (MATCH EXISTING)
EXPOSED BEAM END
4"X10" RAFTER TAILS
1 RAFTERS ON DOUBLE 2"X6" LEDGER
GUTTER (MATCH EXISTING)
1 ALIGN WITH FRONT AWNING
PROPOSED REDWOOD OR CEDAR TRELLIS
EXISTING WINDSCREEN
2"X4" NAILERS @ 24" O.C.
WALL TO ROOF FLASHING
2"X10" BLOCKING
4"X10" RW OR CEDAR RAFTER
DOUBLE 2X6 LEDGER
1X2 TRIM BOARD
2 1/2"
2X6 BRACING EACH SIDE
@ END POSTS AND 2X6
ALTERNATE SIDES @
CENTER POSTS. SECURE
3 4
" DIA. S.S. THRU BOLTS
& S.S. WASHERS
3 1
2" 6
1 2" 6
1 2"
JOB-MADE CONCRETE PIER
W/ SIMPSON CB-66-HDG POST
BASE W/ (2) 5
8 " DIAM.GALV.
THRU BOLTS
6X6 POST CONTINUOUS
1' 1' 8"
INSET POST INTO EXISTING
RAILING, REPAIR DECK
BANDING AND RAILINGS TO
MATCH EXISTING DESIGN
BLOCK BETWEEN
JOISTS AND POSTS
2'
EXISTING DECKING
2X6 KNEE BRACE REFER TO
DETAIL 3
5×5×5×3/16" S.S. ANGLE
W/ (4) 5/8" DIA.S.S. BOLTS
(USE THRU-BOLTS @ POST &
4" LAGS & BEAM)
STRAP TOP OF BEAM SPLICE
W/ SIMPSON MSTC28-HDG.
SECURE RAFTER TO BEAM
W/ (4) 16D TOE-NAILS OR (1)
A35-HDG CLIP
CLEAR TRANSLUCENT
CORRUGATED ROOFING
SECURED TO NAILERS W/
S.S. GASKET SCREWS FOR
"HIGH WIND LOADING"
2' O.C.
6X10 BEAM
3 KNEE BRACE DETAIL
SCALE: 1" = 1'-00"
1 LEDGER DETAIL
SCALE: 1" = 1'-00"
2 POST DETAIL
SCALE: 1/2" = 1'-00"
4 TRELLIS PLAN
SCALE: 1/4" = 1'-00"
6 TRELLIS FRONT ELEVATION
SCALE: 1/4" = 1'-00"
5 TRELLIS FRONT ELEVATION
SCALE: 1/4" = 1'-00"
THE POINT ARENA RECORD BUILDING
265 MAIN STREET, POINT ARENA, CA
DRAWN BY GEORGE FROST 10/31/25
Att 2: Site Photos