Property in each and every zone shall be subject to the provisions of this chapter, in addition to the requirements and regulations set forth elsewhere in this title for each of the zones. Uses and activities otherwise permitted or conditionally permitted shall conform to and be consistent with the policies and provisions of the Point Arena general plan, and relocation, construction, external remodeling or additions to structures, and alteration of land forms and grading shall not be undertaken until: (a) findings are made to that effect; and (b) said activities are consistent with and take into account provisions of the opportunities and constraints map of the general plan.
(Ord. 179 § 5.01, 2001.)
Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this article, provided that no accessory use shall be conducted on any property in the MR, SR, and UR zones unless and until the main building is erected and occupied, or until a use permit is secured. Use of a recreational vehicle as a temporary residence by visitors for not more than 15 days in any calendar year shall be a use accessory to a dwelling.
(Ord. 179 § 5.02, 2001.)
Abandoned, unlicensed, inoperable or partially dismantled vehicles may be parked within the confines of a legally established vehicle repair business. They may also be stored within any enclosed building. Also, not more than two vehicles intended to be repaired or restored may be parked outdoors if they are located in the rear yard and are screened by a sight obscuring fence, wall or hedge. Storage of crab pots, boats and recreational vehicles is permitted in required yard areas except in the street corner area identified in Section 18.25.110(6), provided that access to the perimeter of the dwelling is not obstructed, and no such storage is closer than five feet to the front lot line. Building materials, equipment and appliances and similar unsightly items shall not be stored in the required front or street side yard for more than 30 days in any year.
(Ord. 179 § 5.03, 2001.)
In the urban residential and suburban residential zones no more than four household pets such as dogs and cats may be kept as an accessory use to a dwelling, unless a use permit is obtained. In the multifamily residential zone no more than two household pets per household are allowed unless a use permit is obtained. In addition to any household pets, not more than four small domestic animals, including rabbits and poultry, may be kept in the suburban residential and urban residential zones on a lot of 7,500 square feet in area or less. One additional small domestic animal may be kept for each 2,000 square feet of area by which the lot exceeds 7,500 square feet. No rooster over the age of six months shall be permitted in the urban residential or multifamily residential zones.
In addition, the following domestic animals may be kept as accessory to a dwelling in the suburban residential and residential agriculture zones:
(1) 
One large domestic bovine, equine, or porcine animal may be kept on a lot of not less than one acre. One additional large animal may be kept for each one-half acre by which the lot exceeds one acre.
(2) 
Two medium sized domestic animals, including sheep and goats, may be kept on any lot of not less than one acre. One additional medium sized animal may be kept for each 10,000 square feet of area by which the lot exceeds one acre.
(Ord. 179 § 5.04, 2001.)
No circus, carnival, religious revival or similar assemblage of people and automobiles, lasting longer than one day, shall be permitted in any zone unless a use permit is first secured in each case.
(Ord. 179 § 5.05, 2001.)
Home occupations, including, but not limited to, sewing, music studios, desktop publishing, art studios, computer programming, professional offices, home and health care product distributors, bookkeeping, rooming and boarding of not more than two persons including tourists, may be permitted as an accessory use to any dwelling, subject to the following conditions and to the provisions of the zone in which the occupation is proposed, and coastal development permits, where the use constitutes "development" as defined in Appendix A, Supplemental Definitions:
(1) 
No more than two employees other than members of the resident family;
(2) 
Not more than one nonilluminated sign not to exceed three square feet in area and attached to the dwelling;
(3) 
No outside display of merchandise;
(4) 
Electrical motors only, and not to exceed a total of three horsepower each;
(5) 
No radio or television interference, amplified music, or noise audible beyond the boundaries of the site;
(6) 
No significant increase in automobile and truck traffic over normal residential use;
(7) 
The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. All aspect of the home occupation, including storage, shall be conducted entirely within the dwelling unit or enclosed accessory building(s) on the premises;
(8) 
There shall be no changes, resulting from the home occupation, in the outside appearance of the building or premises, or visible evidence of the conduct of such occupation, other than the sign stipulated in subsection (2);
(9) 
The sale of merchandise not produced on the premises (except mail order businesses) shall be clearly incidental and accessory to the merchandise or service produced by the home occupation, and shall not be advertised in any manner;
(10) 
No equipment or process used shall create noise, vibration, fumes, dust, odors, smoke, electrical interference, or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood;
(11) 
Home occupations shall not include manufacturing, processing or transportation of flammable, combustible, explosive, toxic or other hazardous materials.
(Ord. 179 § 5.06, 2001.)
Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof; but, chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement.
(Ord. 179 § 5.07, 2001.)
All lots created subsequent to the adoption of these regulations shall have 25 feet of frontage on a public road, or 25 feet of frontage on a public easement at least 25 feet wide from the lot to a public road. Lots existing on the effective date of these regulations not having such access to a road may be used for the purposes provided in these regulations if a use permit is first obtained incorporating such conditions as the planning commission deems necessary to ensure sufficient access to a public road.
(Ord. 179 § 5.08, 2001.)
With the exception of garages, wells, and pumphouses, accessory structures shall be located in the area between side property lines from the rear lot line to the rear of the front yard. Accessory structures shall not be closer than 10 feet to any on-site building and not closer than 15 feet to any side lot line abutting a street. Accessory structures for nonhousehold animals shall not be located closer than 50 feet to any dwelling.
Accessory buildings in MR, SR, and UR zones shall not exceed 15 feet in height. Accessory structures shall conform to all setbacks in the zoning district in which they are built.
Fences are covered by separate regulations as set forth in Section 18.25.110.
(Ord. 179 § 5.09, 2001.)
(1) 
Definitions.
(a) 
Development. "Development" means, on land, in or under water, the placement or erection of a solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; change in density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water; or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private or public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes; kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this section structure includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
(b) 
New Development. For purposes of implementing the public access requirements of Public Resources Code Section 30212 and of this section, "new development" includes "development" as defined above except for the following:
(i) 
Structures Destroyed by Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, is sited in the same location on the affected property as the destroyed structure and does not extend the replacement structure seaward on a sandy beach or beach fronting bluff lot. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners.
(ii) 
Demolition and Reconstruction. The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, that the reconstructed residence shall be sited in the same location on the affected property as the former structure, that the reconstructed residence does not block or impede public access, that the reconstructed residence does not extend seaward of the demolished residence on a sandy beach or beach fronting bluff lot and that the reconstructed residence does not include or necessitate a shoreline protective device.
(iii) 
Improvements. Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, which do not result in a seaward encroachment by the structure and which do not include or necessitate a new or enlarged shoreline protective device.
(iv) 
Repair and Maintenance. Repair or maintenance activity which, pursuant to Public Resources Code Section 30610(d) and California Code of Regulations Section 13252, requires no permit unless the activity will have an adverse impact on lateral public access along the beach.
(v) 
Reconstruction and/or Repair of a Seawall, Revetment, Retaining Wall or other Shoreline Protective Device. The reconstruction or repair of any shoreline protective device; provided that the reconstructed or repaired shoreline protective device does not substantially alter the foundation of the protective device, does not result in the replacement of 20 percent or more of the materials of the existing structure with materials of a different kind, does not extend the protective device seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to public access or other shoreline resources than those of the existing structure.
(c) 
Sea. "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.
(2) 
Types of Public Access and Recreation.
(a) 
Lateral public access provides public access and use along or parallel to the sea or shoreline;
(b) 
Bluff top access provides public access and coastal viewing along a coastal bluff top area;
(c) 
Vertical access provides a public access connection between the first public road, trail, or public use area nearest the sea and the publicly owned shoreline, tidelands or established lateral access;
(d) 
Trail access provides public access (i.e., hiking and equestrian) along a coastal or mountain recreational path, including to and along canyons, rivers, streams, wetlands, lagoons, freshwater marshes, significant habitat and open space areas or similar resource areas, and which also may link inland trails or recreational facilities to the shoreline;
(e) 
Recreational access provides public access to coastal recreational resources through means other than those listed above, including, but not limited to, parking facilities, viewing platforms and blufftop parks.
(3) 
Character of Accessway Use.
(a) 
Pass and repass refers to the right of the public to walk and run along an accessway. Because this use limitation can substantially restrict the public's ability to enjoy adjacent publicly owned tidelands by restricting the potential use of lateral accessways, it will be applied only in connection with vertical access or other types of access where the findings required by subsection (7) establish that the limitation is necessary to protect natural habitat values, topographic features (such as eroding bluffs), or privacy of the landowner. This subsection shall not apply to lateral public access requirements or dedications along the shoreline.
(b) 
Passive recreational use refers to the right of the public to conduct activities normally associated with beach use, such as walking, swimming, jogging, sunbathing, fishing, surfing, picnicking, but not including organized sports, campfires, or vehicular access other than for emergencies or maintenance.
(c) 
Active recreational use refers to the right of the public to conduct the full range of beach-oriented activities, not including horseback riding and use of motorized vehicles unless specifically authorized.
(4) 
Access Required. As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in subsections (4)(a) through (4)(d) of this section, except as provided in subsection (5), a 25-foot wide easement for one or more of the types of access identified in subsections (1)(a) through (1)(e) shall be required and shall be supported by findings required by subsection (7); provided that no such condition of approval shall be imposed if the analysis required by subsection (7)(c) establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources or that the access dedication requirement will not alleviate the access burdens identified. 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.
(a) 
New development along any trail designated in the Point Arena general plan or any area or adopted specific plan or on the zoning map as indicated on the subject property;
(b) 
New development between the nearest public roadway and the sea;
(c) 
New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization;
(d) 
New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.
(5) 
Exceptions. Subsection (4) shall apply except in the following instances:
(a) 
Projects excepted from the definition of "new development" in subsection (1);
(b) 
Where findings required by subsections (7)(c) and (8)(a) establish any of the following: (i) public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources; (ii) adequate access exists nearby;
(c) 
Exceptions identified in subsection (5)(b) shall be supported by written findings required by subsection (7)(c).
(6) 
Standards for Application of Access Conditions.
(a) 
General Standards.
(i) 
Existing motorized access shall not be enlarged. There shall be no access for motorized vehicles where such use is not now provided.
(ii) 
Foot trail portions of the public access easements shall not exceed 12 feet in width.
(iii) 
Existing foot trails should be used except when design or stability problems require a change.
(iv) 
Buffer zone areas on the unutilized portions of the foot path shall not be opened to the public.
(b) 
Lateral Public Access. The public access required pursuant to subsection (4) shall conform to the standards and requirements set forth in subsections (6) and (7).
Minimum Requirements. (Also to be used for blufftop access or trail access, as applicable.) A condition to require lateral access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or blufftop area, as applicable); provided that in some cases controls on the time, place and manner of uses, such as limiting access to pass and repass or restricting hours of use, may be justified by site characteristics including sensitive habitat values or fragile topographic features or by the need to protect the privacy of residential development. Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner. In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in subsection (7)(b). Lateral access shall be legally described as required in subsection (6)(h).
(c) 
Vertical Public Access.
(i) 
Minimum Requirements. A condition to require vertical public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of access: (1) located in specific locations identified in the certified local coastal program for future vertical access; or (2) located in a site for which the city has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the Coastal Act or the applicable provisions of the Point Arena local coastal program.
(ii) 
A condition to require vertical access as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of vertical access and be limited to the public right of passive recreational use unless another character of use is specified as a condition of the development. In determining whether another character of use is appropriate, findings shall be made on the specific factors identified in subsection (7)(b).
(iii) 
Each vertical accessway shall extend from the public road to the shoreline (or bluff edge) and shall be legally described as required in subsection (6)(h). The access easement shall be a minimum of 25 feet wide wherever feasible. If a residential structure is proposed, the accessway should be sited along the border or side property line of the project site or away from existing or proposed development and should not be sited closer than 10 feet to the structure wherever feasible. Exceptions to siting a vertical accessway along a border or side property line or not closer than 10 feet to a structure may be required where topographical, physical or other constraints exist on the site.
(d) 
Blufftop Access.
(i) 
Minimum Requirements. A condition to require public access to or along a bluff top as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to subsection (4) shall provide the public with the permanent right of scenic and visual access from the bluff top to the public tidelands.
(ii) 
The bluff top access shall be limited to passive recreational use and coastal viewing purposes unless another character of use is specified as a condition of development. In determining the appropriate character of use findings shall be made on the specific factors identified in subsection (7)(b).
(iii) 
Each bluff top accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending 25 feet inland or (greater or lesser) as determined to be necessary for public safety or geologic stability. However, wherever feasible, the accessway should not extend any closer than 10 feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a distance derived by multiplying the annual rate of blufftop retreat by the 100-year life expectancy of the improvements plus an added geologic stability factor of 1.5. In no case shall the setback be less than 100 feet from the bluff edge which may be reduced to 50 feet if recommended by a certified engineering geologist and the 100-year economic life of the structure with the geologic safety factor can be met provided that the setback will result in a minimum distance of 10 feet between the structure and the accessway for the life of the structure.
(iv) 
The accessway shall be legally described as required in subsection (6)(h), with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner:
Such easement shall be a minimum of 25 feet wide located along the bluff top as measured inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge.
(e) 
Trail Access—Minimum Requirements. A condition to require public access as a condition of approval of a coastal development permit (or other authorization to proceed with development) required pursuant to subsection (4) shall provide the public with the permanent right of access and active recreational use: (i) along a designated alignment of a coastal recreational path or trail in specific locations identified in the LCP for implementation of trail access; or (ii) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the LCP and Coastal Act, consistent with other provisions of this chapter. In determining if another character of use is appropriate, findings shall be made on the specific factors enumerated in subsection (7)(b). The trail access shall be legally described as required by subsection (6)(h).
(f) 
Recreational Access—Minimum Requirements. A condition to require public recreational access as a condition of approval of a coastal development permit (or some other authorization to proceed with development) required pursuant to subsection (4) shall provide the public with the permanent right of access and use within a designated recreational access area. Conditions required pursuant to this section shall specify the location and extent of the public access area. The form and content should take the form of requirements in subsections (6)(a) through (6)(e) as applicable. The accessway shall be legally described as required in subsection (6)(h).
(g) 
Protection of Historic Public Use.
(i) 
Substantial Evidence Determination. Substantial evidence that the area used by the public has been impliedly dedicated shall be determined based on evidence of all of the following:
1. 
The public must have used the land for a period of five years or more as if it were public land;
2. 
Without asking for or receiving permission from the owner;
3. 
With the actual or presumed knowledge of the owner;
4. 
Without significant objection or bona fide attempts by the owner to prevent or halt the use;
5. 
The use must be substantial, rather than minimal;
6. 
The applicant must not have demonstrated that the law has prevented the property from being impliedly dedicated.
(ii) 
Findings. Where an issue as to the existence of public prescriptive rights has been raised during the course of reviewing a coastal development permit application, one of the following findings shall be made:
1. 
Substantial evidence does not warrant the conclusion that public prescriptive rights exist;
2. 
There is substantial evidence of the existence of public prescriptive rights, but development will not interfere with those rights;
3. 
There is substantial evidence of the existence of public prescriptive rights which requires denial of a coastal development permit because of interference with those rights;
4. 
There is substantial evidence of the existence of public prescriptive rights, but a condition requiring dedication of public access protects the rights of the public and is equivalent in time, place and manner to any prescriptive rights which may exist;
5. 
There is substantial evidence of the existence of public prescriptive rights, but a condition requiring siting development away from the area used by the public protects the rights of the public.
(iii) 
Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may exist based on substantial evidence of historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections (6)(b) through (6)(f). Gates, guardhouses, barriers or other structures designed to regulate or restrict access shall not be permitted within private street easements where they have the potential to limit, deter, or prevent public access to the shoreline, inland trails, or parklands where there is substantial evidence that prescriptive rights exist.
(iv) 
Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights that may exist. The following language shall be included in any access condition required in a permit:
The terms and conditions of this permit do not authorize any interference with prescriptive rights in the areas subject to the easement prior to acceptance of the offer.
(h) 
Legal Description of an Accessway—Recordation.
(i) 
An access dedication (offer to dedicate or grant of easement) required pursuant to subsection (4) shall be described, in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway. As part of the condition of approval, easements shall be described as follows:
1. 
For lateral access: along the entire width of the property from the mean high tide line landward to a point fixed at the most seaward extent of development (as applicable): the toe of the bluff, the intersection of sand with toe of revetment, the vertical face of seawall, or other appropriate boundary such as dripline of deck. On beachfront property containing dune ESHA the required easement for lateral public access shall be located along the entire width of the property from the mean high tide line landward to the ambulatory seawardmost limit of dune vegetation;
2. 
For blufftop access or trail access: extending inland from the bluff edge or along the alignment of a recreational trail;
3. 
For vertical access: extending from the road to the mean high tide line (or bluff edge).
(ii) 
Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the Coastal Commission (or local agency authorized pursuant to 14 California Code of Regulations Section 13574(b)), consistent with provisions of subsection (8)(a), irrevocably offering to dedicate (or grant an easement) to a public agency or private association approved by the Coastal Commission (or local agency authorized by the Commission pursuant to 14 California Administrative Code Section 13574(b)) an easement for a specific type of access as described in subsection (2) and a specific character of use as described in subsection (3), as applicable to the particular condition.
(iii) 
The recorded document shall provide that:
1. 
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; and
2. 
Development or obstruction in the accessway prior to acceptance of the offer is prohibited.
(iv) 
The recorded document shall include legal descriptions and a map drawn to scale of both the applicant's entire parcel and the easement area. The offer or grant shall be recorded free of prior liens and any other encumbrances which the Coastal Commission (or local agency authorized by the Commission pursuant to 14 California Administrative Code Section 13574(b)) determines may affect the interest being conveyed. The grant of easement or offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and the offer shall be irrevocable for a period of 21 years, such period running from the date of recording.
(i) 
Implementation.
(i) 
For any project where a public access easement 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.
(ii) 
For all grants of easement to the city, the city shall open the easement to the public as soon as is feasible, and shall be responsible for operating and maintaining the accessway, or the city shall grant the easement to a private nonprofit association that is willing to accept, maintain and operate the accessway.
(iii) 
In the case of an offer to dedicate or where the city grants an easement to a private nonprofit association, an accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection (6)(g) agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction. New offers to dedicate public beach or trail access easements shall include an interim deed restriction that: (1) states 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; and (2) prohibits any development or obstruction in the easement area prior to acceptance of the offer.
(iv) 
Access facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) shall be as wide as necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.
(v) 
For all grants of an easement or offers to dedicate that are required as conditions of coastal development permits approved by the city, the city has the authority to approve a private association that seeks to accept the offer or the grant of easement. Any government agency may accept an offer to dedicate or grant of an easement if the agency is willing to operate and maintain the easement. The city shall approve any private association that submits a plan that indicates that the association will open, operate, and maintain the easement in accordance with terms of the recorded offer to dedicate or grant the easement. For all offers to dedicate or grant of an easement that were required as conditions of coastal development permits approved by the Coastal Commission, the executive director of the Commission retains the authority to approve a government agency or private association that seeks to accept the offer or grant of easement.
(vi) 
The appropriate agency or organization to accept and develop trail dedication offers or grants of easement resulting from city issued CDPs shall be determined through coordination, where applicable, with the National Park Service, the State Department of Parks and Recreation, the State Coastal Conservancy, Mendocino County, and nonprofit land trusts or associations. Public agencies and private associations which may be appropriate to accept offers to dedicate include, but shall not be limited to, the State Coastal Conservancy, the State Department of Parks and Recreation, the State Lands Commission, the county, the city, the Mendocino Land Trust, and other nongovernmental organizations.
(vii) 
Grants of public access easements or offers to dedicate shall be accepted for the express purpose of opening, operating, and maintaining the accessway for public use. Unless there are unusual circumstances, the accessway shall be opened within five years of acceptance. If the accessway is not opened within this period, and if another public agency or qualified private association expressly requests ownership of the easement in order to open it to the public, the easement holder shall transfer the easement to that entity within six months of the written request. A coastal development permit that includes a grant an easement or offer to dedicate for public access as a term or condition shall require the recorded offer to dedicate to include the requirement that the easement holder shall transfer the easement to another public agency or private association that requests such transfer, if the easement holder has not opened the accessway to the public within five years of accepting the offer.
(viii) 
Facilities to complement public access to and along the shoreline and trails shall be permitted where feasible and appropriate. This may include parking areas, restrooms, picnic tables, or other improvements. No facilities or amenities, including, but not limited to, those referenced above, shall be required as a prerequisite to the approval of any lateral or vertical accessway or trail OTD or grant of easement or as a precondition to the opening or construction of the accessway or trail. Where there is an existing, but unaccepted and/or unopened public access OTD, easement, or deed restriction for lateral, vertical, bluff or trail access or related support facilities, necessary access improvements shall be permitted to be constructed, opened and operated for the intended public use.
(ix) 
Any accessway which the managing agency or organization determines cannot be maintained or operated in a condition suitable for public use shall be offered to another public agency or qualified private association that agrees to open and maintain the accessway in a condition suitable for public use.
(x) 
All public access mitigation conditions or terms required by a CDP shall include, as a compliance component, a requirement that the permittee submit a detailed and surveyed map, drawn to scale, locating any proposed or required easements or deed restricted areas.
(j) 
Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. All offers or grants shall be made free of all encumbrances which the approving authority pursuant to subsection (6)(h) determines may affect the interest being conveyed. If any such interest exists which could extinguish the access easement, it must be subordinated through a written and recorded agreement.
(7) 
Required Findings and Supporting Analysis for Public Access Dedications.
(a) 
Required Overall Findings. Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development). Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval. Such findings shall address the applicable factors identified by subsection (7)(b) and shall reflect the specific level of detail specified, as applicable.
Findings supporting all such decisions shall include:
(i) 
A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection (7)(b). The type of affected public access and recreation opportunities shall be clearly described;
(ii) 
An analysis based on applicable factors identified in subsection (7)(b) of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act;
(iii) 
A description of the legitimate governmental interest furthered by any access condition required;
(iv) 
An explanation of how imposition of an access dedication requirement alleviates the access burdens identified and is reasonably related to those burdens in both nature and extent.
(b) 
Required Project-Specific Findings. In determining any requirement for public access, including the type of access and character of use, the city shall evaluate and document in written findings the factors identified in subsections (b)(i) through (b)(v), to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the dedication will alleviate or mitigate the adverse effects which have been identified and is reasonably related to those adverse effects in both nature and extent. As used in this section, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning requirements or regulations.
(i) 
Project Effects on Demand for Access and Recreation. Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tideland viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.
(ii) 
Shoreline Processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of existing or proposed shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development, description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project, alone or in combination with other anticipated changes, will have upon the ability of the public to use public tidelands and shoreline recreation areas.
(iii) 
Historic Public Use. Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc., and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including, but not limited to, creation of physical or psychological impediments to public use).
(iv) 
Physical Obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline.
(v) 
Other Adverse Impacts on Access and Recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development.
(c) 
Required Findings for Public Access Exceptions. Any determination that one of the exceptions of subsection (5) applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:
(i) 
The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the public safety concern, or the military facility which is the basis for the exception, as applicable.
(ii) 
Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that fragile coastal resources, public safety, or military security, as applicable, are protected.
(iii) 
Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land.
(8) 
Review of Recorded Access Documents.
(a) 
Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval and drafts of any legal documents proposed to implement the conditions shall be forwarded to the California Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574. All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:
(i) 
The executive director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements:
1. 
Upon completion of permit review by the city and prior to the issuance of the permit, the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies,
2. 
The executive director of the Commission shall have 15 working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any,
3. 
The city may issue the permit upon expiration of the 15 working day period if notification of inadequacy has not been received by the city within that time period,
4. 
If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or
(ii) 
If the city requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the city if the city identifies the city department that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits subject to the following: upon completion of the recordation of the documents the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the executive director of the Commission.
(9) 
CDP Permitting and Application. In addition to permit and application submittal requirements established elsewhere in this LCP new development pursuant to subsections (1)(a) and (1)(b) shall be subject to the following additional permit and/or application requirements:
(a) 
In order to maximize public access and recreation opportunities at existing public beaches or parks limitations on time of use or increases in use fees or parking fees, which effect the intensity of use, shall be subject to a coastal development permit.
(b) 
The city shall not close, abandon, or render unusable by the public any existing accessway which the city owns, operates, maintains, or is otherwise responsible for unless determined to be necessary for public safety without first obtaining a coastal development permit.
(c) 
Any limitation on existing public access to or along a beach, trail, or bluff located in a sensitive habitat area determined to be necessary for temporary protection of habitat, restoration, repair and/or maintenance shall be for the minimum period necessary but shall not exceed the nesting season for shorebird habitat or be greater than 90 days for habitat restoration or 30 days for repair and maintenance, and shall require a coastal development permit. Any limitation for purposes of protecting or restoring habitat shall be subject to review and approval, where required, from the Departments of Fish and Game and U.S. Fish and Wildlife. Access to or along public tidelands or areas subject to an accepted and opened offer to dedicate or grant of easement shall not be fully restricted.
(d) 
No signs shall be posted on a beachfront or on public beach unless authorized by a coastal development permit. Signs which purport to identify the boundary between state tidelands and private property or which indicate that public access to state tidelands or public lateral or vertical access easement areas is restricted shall not be permitted.
(e) 
Improvements and/or opening of accessways already in public ownership or that are accepted pursuant to an offer to dedicate required by a coastal development permit shall be permitted regardless of the distance from the nearest available vertical accessway.
(f) 
No new structures or reconstruction, except for routine repair and maintenance or to replace a structure destroyed by natural disaster in accordance with PRC Section 30610(d) and (g), shall be permitted on a bluff face, except for engineered staircases or accessways to provide public shoreline access where no feasible alternative means of public access exists.
(g) 
All applications for new development located along the shoreline or fronting a beach shall include the submittal of a review and/or determination in writing from the State Lands Commission that addresses the proposed project relative to its location or proximity to, or impact upon, the boundary between public tidelands and private property. Any application for development on or along the shoreline filed without such determination shall be determined to be incomplete for filing.
(h) 
Coastal development permit application filing requirements shall include the submittal of mapped documentation identifying the location of any existing recorded shoreline or inland trail OTDs, deed restrictions, or easements on the subject parcel(s).
(Ord. 179 § 5.10, 2001.)
The minimum yard requirements set out in Chapters 18.20 and 18.25 shall be subject to the regulations of this section.
(1) 
Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet into a side yard and four feet into a front, rear, or street side yard. Uncovered porches, decks, balconies, stairways, fire escapes or landings may extend a maximum of eight feet into front, street side, or rear yards and three feet into side yards.
(2) 
In residential zoning districts, the street side yard on a corner lot shall be 15 feet.
(3) 
Sight-obscuring fences, freestanding walls or hedges more than two and one-half feet in height and located within a required front yard or required side yard adjacent to a street shall not be located closer than 15 feet to the point where the edge of a driveway crosses the property line. Fences located within a required front yard, or side yard adjacent to a street, shall not exceed four feet in height.
(4) 
Fences and freestanding walls located within a required interior side yard or required rear yard shall not exceed eight feet in height.
(5) 
Fences and freestanding walls located within the buildable portion of a lot shall not exceed 15 feet in height.
(6) 
For corner lots, within the area lying between the front and street side lot lines and a line connecting points on these lot lines 20 feet from their intersection, sight obscuring fences, walls and vegetation shall not exceed two and one-half feet in height above the established grade of either street. Tree trunks, posts or columns not exceeding 18 inches in cross sectional width, measured at three feet above the established grade of either street, shall be permitted provided that tree branches are removed up to eight feet above the grade of either street. Heritage trees may be excepted.
(7) 
Limitations on fence height shall not be deemed to prohibit nonsight-obscuring safety or security fences of any height necessary for public playgrounds, public utilities, and other public installations.
(8) 
Sight obscuring fences shall not be constructed in public viewsheds as depicted on the opportunities and constraints map.
(Ord. 179 § 5.11, 2001.)
Any artificial pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted as an accessory structure in any zone and shall be subject to the following regulations:
(1) 
Such pool shall be located on the rear one-half of the lot and in any case at least 50 feet from the front lot line, nor closer than five feet to a side or rear lot line. Filter and heating systems shall not be located within 10 feet of any lot line.
(2) 
Such pool or the property on which it is located shall be completely enclosed by a wall or fence at least four and one-half feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least four feet above ground level in order that full control of access by children may be maintained.
(3) 
All swimming pools proposed near coastal bluffs and within 100 feet of fault zones shall contain double wall construction with drains and leak detection systems.
(Ord. 179 § 5.12, 2001.)
The following regulations shall apply to any dredging, diking, damming, channelization, filling or similar activity in any wetland, open coastal waters estuary, or area less than 20 feet above the mean low water or within the 100-year floodplain of any perennial stream in the city:
Before any dam, dike, fill, dredging, diversion, channelization or similar activity is constructed or undertaken within the city, the applicant or lead agency shall provide the city with a project description wetland delineation, environmental analysis and evaluation of the potential impacts of the project on the character and function of the affected environment, the social and economic character and function of the city and its residents. Wetland delineations shall be conducted according to the definitions of wetland boundaries contained in Section 13577(b) of Title 14 the California Code of Regulation. A preponderance of hydric soils or a preponderance of wetland indicator species will be considered presumptive evidence of wetland conditions. The delineation report will include at a minimum: (1) a map at a scale of 1″:200′ or larger with polygons delineating all wetland areas, polygons delineating all areas of vegetation with a preponderance of wetland indicator species, and the location of sampling points; and (2) a description of the surface indicators used for delineating the wetland polygons. Paired sample points will be placed inside and outside of vegetation polygons and wetland polygons identified by the consultant doing the delineation.
Such uses shall be subject to a coastal development permit. The permit shall not be granted unless the planning commission determines that the project conforms with the general plan, zoning ordinance, and local coastal program, and will not create undesired impacts on the environment or the community. Additionally, such projects within or adjacent to wetlands, open coastal waters, estuaries, the riparian corridor shown on the zoning map and the opportunities and constraints maps, or such projects located adjacent to or within other environmentally sensitive habitat areas shall be subject to the requirements and restrictions contained in Sections 18.25.220 through 18.25.240. The requirements of the California Environmental Quality Act (CEQA) must be met.
(Ord. 179 § 5.13, 2001.)
These regulations are intended to protect individual properties from the negative effects of traffic and to improve the appearance and environmental quality of Point Arena. In order to achieve these objectives, new developments in the MR, C, HWC, HC, and I zones shall be required to submit for approval as part of any coastal development or other permit application landscaping and screening plans that meet the following criteria:
(1) 
Maintenance. All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening, and trees, shall be in sound functional condition, or, whenever necessary, repaired and replaced.
(2) 
Materials. Where trees are required in a new development they shall be of a species, degree of maturity, and spacing acceptable to the planning commission. Where dense landscaping to a specified height is prescribed, it shall be of a type that will provide a year-round barrier to the prescribed heights, and shall be so spaced that vision of objects on the opposite side is effectively eliminated.
(3) 
Dense landscaping or a solid wall or fence of a minimum height of six feet shall be provided along the rear and side property lines of any nonresidential use which abuts on a residential use; to screen any open area used for the storage of goods, materials, or waste from view from abutting properties and from public right-of-way; to screen any open area used to display goods or materials for sale from abutting properties.
(4) 
Prescribed fences, walls or dense landscaping need not be provided along a lot line if a permanent fence, wall or dense landscaping of at least equivalent height, density and maintenance exists immediately abutting and on the opposite side of said lot line.
(5) 
Perimeter landscaping shall be provided between parking spaces and adjacent street right-of-way whenever five or more parking spaces are required. Such landscaping area shall be at least four feet wide and protected from damage by a curb or header adjacent to the parking area. In addition, whenever five or more parking spaces are required one tree shall be provided, with an additional tree required for every 10 additional required parking spaces. Such trees shall be planted in tree wells at least four feet by four feet, protected by a curb or header. Whenever five or more parking spaces are required, at least four percent of the parking area, including the above required landscaping, shall be landscaped.
(6) 
Plantings shall blend with the existing natural vegetation and natural habitats on the site.
(7) 
Invasive plant species that tend to supplant native species and natural habitats shall be prohibited.
(Ord. 179 § 5.14, 2001.)
The following regulations shall apply in all zones:
(1) 
Purpose. The small scale of the community and its unique townsite, affording spectacular views of the coastline and ocean horizon, define the character of Point Arena. Maintaining this character is essential to the continued desirability and viability of the city. The planning commission is established to review new developments in order to ensure their consistency with the character of the city and to minimize their impact on important vistas. The planning commission will also assess existing buildings for architectural or historical significance. A design assistance committee, appointed by the city council may be established to provide design review recommendations to the planning commission.
(2) 
Applicability. Relocation, construction, external remodeling or additions to structures, and alteration of the natural contours of the land shall not be undertaken until approved by the planning commission. Any such work shall require a coastal development permit as prescribed in Chapter 18.30. Approval from the planning commission need not be obtained for remodeling which does not affect the external profile or appearance of an existing structure.
(3) 
Development Siting Criteria. The planning commission shall be guided by the following criteria when evaluating development, including land form alterations and construction of structures:
(a) 
New development shall be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent. If there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, breaking up the mass of new structures, designing structures to blend into the natural hillside setting, restricting the building maximum size, reducing maximum height standards, clustering development, minimizing grading, incorporating landscape elements, and where appropriate, berming.
(b) 
Where there is no feasible alternative that is not visible from scenic highways or public viewing areas, the development area shall be restricted to minimize adverse impacts on views from scenic highways or public viewing areas.
(c) 
Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of visual impacts shall not substitute for project alternatives including resiting, or reducing the height or bulk of structures.
(d) 
Prominent ridgelines and other intervening ridgelines that are visible from a public road, a beach, public viewing areas, or public hiking trails, shall be protected by setting structures below the ridgeline to avoid intrusions into the skyline where feasible. Where there are no feasible alternative building sites below the ridgeline or where the only alternative building site would result in unavoidable adverse impacts to ESHA, structures shall be limited to one-story (18 feet maximum from existing or finished grade, whichever is lower) in height to minimize visual impacts.
(4) 
Design Criteria. The planning commission shall be guided by the following criteria when evaluating development, including land form alterations and construction of structures:
(a) 
The alteration of natural land forms caused by cutting, filling and grading shall be minimal. Structures should be designed to fit the site rather than altering the land form to accommodate the structure.
(b) 
Structures in, or adjacent to, open space areas should be constructed of materials that reproduce natural colors and textures as closely as possible.
(c) 
Materials and colors used in construction shall be selected for compatibility both with the structural system of the building and with the appearance of the building's natural and man-made surroundings. Preset architectural styles (e.g., standard fast food restaurant designs) shall be avoided.
(d) 
Plant materials should be used to integrate the man-made and natural environments, to screen or soften the visual impact of new development, and to provide diversity in developed areas. Attractive vegetation common to the area shall be used, and native vegetation shall be used to the maximum extent practicable. Invasive plant species that tend to supplant native species and natural habitats shall be prohibited. Landscaping for MR, C, HW, and I zones shall conform with the provisions of Section 18.25.140.
(e) 
On-premises signs should be designed as an integral part of the structure and should complement or enhance the appearance of the surrounding area.
(f) 
New development should include underground utility service connections. When above ground facilities are the only alternative, they should follow the least visible route, be well designed, simple and unobtrusive in appearance, have a minimum of bulk, and make use of compatible colors and materials.
(g) 
Off-site advertising signs are not allowed unless erected by a public agency. Such signs should be well designed and be clustered at appropriate locations. Sign clusters should have a single design theme. The construction of new billboards is prohibited.
(h) 
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. In particular, residences of more than 2,000 square feet in floor area and multiple-family dwellings or commercial buildings of more than 4,000 square feet in floor area shall be considered out of scale with the community unless they are designed and situated in such a way that their bulk is not obtrusive. Residential and commercial developments involving multiple dwelling or business units should utilize clusters of smaller structures with sufficient open space between them instead of a consolidated structure.
(i) 
Structures visible from the beach or a public trail in an open space area should be made as visually unobtrusive as possible and shall incorporate colors and exterior materials that are compatible with the surrounding landscape. The use of highly reflective materials is prohibited.
(j) 
If a residence structure is removed, or destroyed by fire or other natural causes, on a lot that is otherwise usable, the owner shall be entitled to construct a residence in the same location with an exterior profile not exceeding that of the previous structure even if such a structure would again significantly obstruct public views of important scenes, provided any other nonconforming conditions are corrected.
(k) 
Developments shall be planned to avoid removing trees, if feasible. At least two trees shall be planted for every one removed to accommodate development facilitated by the general plan. 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 to wildlife resources.
(l) 
In order to protect the natural setting of the hillsides that surround the city, hillside or ridgeline development shall be scrutinized with "view from the valley floor" considerations. Proposed development on the crest of bluffs or canyons shall be specifically analyzed in relation to views from the low-lying areas of the city, important view corridors, and scenic gateways. Development shall not silhouette against the ridgeline without adequate visual buffers, and development on lower slopes shall be visually screened by existing or landscaped vegetation to minimize visual impact.
(m) 
Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of visual impacts shall not substitute for project alternatives including resiting, or reducing the height or bulk of structures.
(n) 
All new development shall be sited and designed to minimize alteration of natural landforms by:
(i) 
Conforming to the natural topography;
(ii) 
Preventing substantial grading or reconfiguration of the project site;
(iii) 
Eliminating flat building pads on slopes. Building pads on sloping sites shall utilize split level or stepped-pad designs;
(iv) 
Requiring that man-made contours mimic the natural contours;
(v) 
Ensuring that graded slopes blend with the existing terrain of the site and surrounding area;
(vi) 
Minimizing grading permitted outside of the building footprint;
(vii) 
Clustering structures to minimize site disturbance and to minimize development area;
(viii) 
Minimizing height and length of cut and fill slopes;
(ix) 
Minimizing the height and length of retaining walls;
(x) 
Cut and fill operations may be balanced on-site, where the grading does not substantially alter the existing topography and blends with the surrounding area. Export of cut material may be required to preserve the natural topography.
(o) 
The length of on-site roads or driveways shall be minimized, except where a longer road or driveway would allow for an alternative building site location that would be more protective of visual resources or ESHA. Driveway slopes shall be designed to follow the natural topography. Driveways that are visible from a scenic road, a beach, a public viewing area, or public hiking trail shall be a neutral color that blends with the surrounding landforms and vegetation.
(p) 
All new structures shall be sited and designed to minimize impacts to visual resources by:
(i) 
Ensuring visual compatibility with the character of surrounding areas;
(ii) 
Avoiding large cantilevers or understories;
(iii) 
Setting back higher elements of the structure toward the center or uphill portion of the building.
(q) 
Where feasible, long continuous retaining walls shall be broken into sections or shall include undulations to provide visual relief. Where feasible, retaining walls supporting a structure should be incorporated into the foundation system in a stepped or split level design. Retaining walls visible from scenic highways, trails, parks, and beaches should incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape.
(r) 
Fences, walls, and landscaping shall not block views of scenic areas from scenic roads, parks, beaches, and other public viewing areas.
(s) 
Public works projects along scenic roads that include hardscape elements such as retaining walls, cut-off walls, abutments, bridges, and culverts shall incorporate veneers, texturing, and colors that blend with the surrounding earth materials or landscape.
(t) 
Land divisions, including lot line adjustments, adjustments, shall be designed to minimize impacts to visual resources by:
(i) 
Clustering the building sites to minimize site disturbance and maximize open space;
(ii) 
Prohibiting building sites on ridgelines;
(iii) 
Minimizing the length of access roads and driveways;
(iv) 
Using shared driveways to access development on adjacent lots, where feasible;
(v) 
Reducing the maximum allowable density in steeply sloping and visually sensitive areas;
(vi) 
Minimizing grading and alteration of natural landforms;
(vii) 
Landscaping or revegetating all cut and fill slopes, and other disturbed areas at the completion of grading;
(viii) 
Incorporating interim seeding of graded building pad areas, if any, with native plants unless construction of approved structures commences within 30 days of the completion of grading.
(u) 
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.
(v) 
Cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated at the completion of grading. Landscape plans shall provide that:
(i) 
Plantings shall be of native, drought-tolerant plant species, and blend with the existing natural vegetation and natural habitats on the site, to the maximum extent practicable.
(ii) 
Invasive plant species that tend to supplant native species and natural habitats shall be prohibited.
(iii) 
Lawn shall not be located on any geologically sensitive area such as coastal blufftop.
(iv) 
Landscaping or revegetation shall provide 90 percent coverage within five years.
(w) 
No permanent structures shall be permitted on a bluff face, except for engineered stairways to accessways to provide public beach access. Such structures shall be designed and constructed to not contribute to further erosion of the bluff face and to be visually compatible with the surrounding area to the maximum extent feasible.
(x) 
Landscaping permitted on a bluff face or hillside for restoration, revegetation or erosion control purposes shall consist of native, drought tolerant plant species endemic to the area.
(y) 
Where necessary to insure the protection of scenic and visual resources in accordance with the policies and standards provided herein, a coastal development permit shall be conditioned to require the recordation of a deed restriction or other legal document which provides that any or all future development beyond that authorized by the CDP, including that which would ordinarily be exempt from a CDP, shall be subject to a new CDP or permit amendment.
(5) 
Review Procedures. The planning commission shall prescribe application forms and information requirements for use by those proposing activities. Applications for new development in scenic areas as defined in LUP Chapter X Policy 3.6, and/or visible from public viewing areas and scenic roads, as defined in LUP Chapter X Policy 3.5 or those located in a scenic corridor as depicted on the city of Point Arena scenic corridors map, shall include a visual analysis that includes:
(a) 
Grading plan, if any grading is proposed;
(b) 
Cross sections of the project site showing the proposed grading and structures;
(c) 
Line of sight analysis showing the view of the project site from public viewing areas;
(d) 
Photos of the project site from public viewing areas and/or scenic roads, with story poles placed on the site to indicate the proposed location and maximum height of all structures and stakes placed on the site to indicate the extent of all proposed grading;
(e) 
An analysis of the potential impacts of the proposed development on the identified public views;
(f) 
Project alternatives designed to avoid and minimize impacts to visual resources;
(g) 
Mitigation measures necessary to minimize or mitigate residual impacts that cannot be avoided through project siting and design alternatives.
If a conditional use permit or other approval is required by the planning commission or the city council, the review of the design shall be subsequent to other permit considerations and may occur at the same meeting, subject to fulfillment of public notification requirements. Otherwise the procedure for submittal and consideration of the application shall be the same as for a use permit as provided in Chapter 18.30.
Where view considerations are involved, the applicant is encouraged to contact property owners within 100 feet and show them the layout and profile of the proposed structure. The commission shall not approve or conditionally approve any application unless it finds that all of the applicable criteria have been considered and the minimum adjustments required to achieve the objectives applicable to the area where the development is located.
(6) 
Standards for Determination. All applications for a coastal development permit shall be subject to an on-site investigation in order to determine whether the proposed project has the potential to cause adverse impacts upon scenic areas as defined in LUP Chapter X Policy 3.6, or from or along scenic roads or public viewing areas as defined in LUP Chapter X Policy 3.5.
Where applicable, proposed structures shall be accurately indicated as to footprint, height and rooflines by story poles with flags. All proposed grading and the proposed location of access roads or driveways, including the centerline top of cut and toe of fill, shall be accurately indicated by stakes. Both poles and stakes shall remain in place for the duration of the approval process. The applicant may also be required to provide other visual aides such as photographs with superimposed structures.
These requirements may be waived by the city staff where it is determined through onsite investigation, evaluation of topographic maps or photographic evidence, or by other means that there is no possibility that the proposed development will create or contribute to adverse impacts upon scenic areas.
(7) 
Required Findings and Analysis. Written findings of fact, analysis and conclusions addressing scenic or visual resources must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon scenic areas from or along scenic roads and public viewing areas. Such findings shall address the specific project impacts relative to the applicable development standards identified in this section and Section 18.25.160. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record.
Findings for approval or conditional approval shall conclude that the project as proposed, or as conditioned, conforms to the certified local coastal program. A coastal development permit for the proposed development shall only be granted if the city's decision-making body is able to find that:
(a) 
The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons;
(b) 
The project, as conditioned, will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions;
(c) 
The project, as proposed or as conditioned, is the least environmentally damaging alternative;
(d) 
There are no feasible alternatives to development that would avoid or substantially lessen any significant adverse impacts on scenic and visual resources;
(e) 
Development in a specific location on the site may have adverse scenic and visual impacts, but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified LCP.
If found to be necessary to conform to the development standards contained in this chapter or any other applicable policy or standard of the certified LCP the proposed development shall be modified, by special condition, relative to height, size, design, or location on the site and may be required to incorporate landscaping or other methods to avoid or minimize the adverse scenic impacts of the proposed development.
If special conditions of approval are required in order to bring the project into conformance with the certified LCP, the findings shall explain how the special condition(s) alleviate or mitigate the adverse effects which have been identified.
Mitigation shall not be permitted to substitute for implementation of a feasible project alternative that would lessen or avoid impacts to scenic and visual resources.
(Ord. 179 § 5.15, 2001.)
The following regulations shall apply in all zones:
(1) 
Purpose. The city of Point Arena contains structures of architectural and historical significance. Older structures which give Point Arena much of its character should be preserved to the greatest degree possible. Priority shall be given to preserving those structures of outstanding architectural or historical significance. Demolition of architecturally or historically significant structures shall be minimized. The planning commission shall review all permits for alteration or demolition of these architecturally and/or historically significant structures.
(2) 
Applicability. Relocation, remodeling, additions, and demolition of architecturally or historically significant structures must be approved by the planning commission. Approval need not be obtained for remodeling which does not affect the external appearance of the existing structure. Applicable work shall require a coastal development permit as prescribed in Chapter 18.30.
(3) 
Historic Districts and Properties. On September 13, 1990, two districts, along with other separately listed properties, were placed on the National Register of Historic Places Program. Placement on the National Register affords a property the honor of inclusion in the nation's official list of cultural resources worth of preservation and provides a degree of protection from adverse effects resulting from federally funded or licensed projects. Registration provides a number of incentives for preservation of historic properties, including special building codes to facilitate the restoration of historic structures, and certain tax advantages. There are no restrictions placed upon a private property owner with regard to normal use, maintenance, or sale of a property listed in the National Register.
The following properties are included on the National Register:
(a) 
Contributors to the Arena Cove Historic District.
695 Arena Cove
Captain's House
785 Arena Cove
Wharfmaster's House
Arena Cove
Life-saving Station Boathouse
Arena Cove
Corrugated Shed
Arena Cove
Coast Guard Garage
Arena Cove
Captains Garage
Arena Cove
Water Tanks
Arena Cove
Flagpole
(b) 
Contributors to the Main Street Historic Commercial District.
165 Main Street
Standard Oil Station (vacant)
170 Main Street
Point Arena Garage
183 Main Street
IOOF Hall
185 Main Street
Feed Barn
190 Main Street
Point Arena Hotel Garage
195 Main Street
Pedretti Building, Cypress Realty
200 Main Street
Bank of P. A., B of A, Westamerica
205 Main Street
Garcia Center, Sweet Licks
207 Main Street
Arena Press Print Shop
211 Main Street
Everything Under the Sun
213 Main Street
Cypress Realty (vacant)
214 Main Street
Arena Theater
215 Main Street
P.A. Post Office, Travel Center
225 Main Street
P.A. Mercantile Co., Gillmore's
235 Main Street
Point Arena Market, Arena Pharmacy
240 Main Street
Texaco Station, Arena Feed & Seed, Casual Cuts, Laundromat
245 Main Street
Ancient Order of Foresters Hall
265 Main Street
P.A. Record Building, Bookends
(c) 
Separate Listings.
40 Iverson Avenue
Iverson House
200 Lake Street
Point Arena High School
105 Main Street
Italian Hotel, Kentucky Forge Works
284 Main Street
Annie Palmer House, Community Art
365 Main Street
Legrand Morse House, R. Mari
40 Mill Street
E.P. Gillmore, J.H. Halliday House
50 Mill Street
Sid Groshon, Bill Walsh House
10 Riverside Drive
Hoyt/Scott House
40 School Street
St. Paul's Methodist Church & Parsonage
10 Scott Place
Billy Ketchum House, Larksong
(4) 
Review Criteria.
(a) 
Historical Significance.
(i) 
Is the building particularly representative of a distinct historical period, type, style, region, or way of life?
(ii) 
Is it an example of a type of building which was once common but is now rare?
(iii) 
Is the building of greater age than most of its kind?
(iv) 
Is the building connected in any way with someone who was famous, important, or a local personality?
(v) 
Is the building connected with a business or use which was once common but is now rare?
(vi) 
Is the architect or builder famous or well recognized?
(b) 
Architectural Significance.
(i) 
Are its construction materials used in an unusual, significant, or effective manner or style?
(ii) 
Is the overall effect of the design of the structure beautiful, or are its details beautiful or unusual?
(iii) 
Is the style of the building unusual for its area, for Point Arena, for California, or is it unusual for any place?
(iv) 
Does the building contain original materials or workmanship which can be valued in themselves?
(v) 
Is the method of construction employed or the floor plan used one which is unusual, ingenious, or significant?
(vi) 
Is the structure especially well-preserved or could it be restored to its former condition?
(5) 
Review Procedures. The planning commission shall review applications for applicable coastal development permits as described in Chapter 18.30. If a use permit or other approval is required by the planning commission or city council, the review by the planning commission may occur at the same meeting subject to the fulfillment of public notification requirements. Otherwise the procedure for submittal and consideration of the application shall be the same as for a use permit as provided in Chapter 18.30.
(Ord. 179 § 5.16, 2001.)
The lawful use of lands or structures existing on the effective date of the ordinance codified in this title, although such use or structure does not conform to the regulations applied to such property or structure, may be continued, except as provided herein. Nonconforming off-street parking is covered separately under Section 18.25.190.
(1) 
Any structure conforming as to use but nonconforming as to lot area, yards, height or other requirements herein at the effective date of the ordinance codified in this title may be altered, repaired or extended provided that such alteration, repair, or extension shall not increase the existing degree of nonconformance.
(2) 
If any building not conforming to this zoning ordinance is destroyed to the extent that the cost of repair, using new materials, exceeds 60 percent of the current appraised value of the structure, then the building shall become subject to all regulations in the applicable zone. The repair of a partially destroyed building shall commence within one year and an additional six months shall be allowed for the completion of the exterior of any reconstruction.
(3) 
Any change of a nonconforming use shall be to a conforming use, and a nonconforming use which has been discontinued for a period of one year or more shall not be reestablished. A nonconforming use of a part of a lot or a structure shall not be extended throughout the lot or structure.
(4) 
Any use for which a conditional use permit is required by these regulations shall be considered a nonconforming use until a conditional use permit is obtained.
(Ord. 179 § 5.17, 2001.)
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.
(Ord. 179 § 5.18, 2001.)
Off-street parking facilities existing as of June, 1981, incidental to a lawfully established use, but which are nonconforming as to the provisions of Section 18.25.280, shall be considered the required off-street parking for that specific use. Any change in the use, the building, or the parking facilities shall be subject to the following provisions:
(1) 
An existing parking facility, incidental to a lawfully established use, shall not be reduced in area or redesigned so that the facility is less in conformance with the provisions of this title in any respect, unless the end result is an equivalent number of off-street parking spaces, or the required number of parking spaces, whichever is the lesser, as required by this title.
(2) 
If a building or use is expanded, parking as required by Section 18.25.280 shall be provided for the expanded portion of the use. Any existing parking shall be retained, or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as required by this title. If the number of spaces required for the expansion is greater than the number required herein for the existing building, then any existing parking area shall be brought into conformance with the requirements of this title.
(3) 
If the use of land or a building is changed to a use with a greater parking requirement, parking equal to the difference between the requirement for the existing and the proposed use, as contained herein, shall be provided in accordance with the provisions of this title. Existing parking shall be retained or be replaced by an equivalent number of off-street parking spaces, or the required number of spaces, whichever is the lesser, as provided by this title.
(4) 
In-Lieu Parking Regulations.
(a) 
When it is neither feasible nor desirable to provide some or all of the off-street parking spaces required by Section 18.25.280, an owner of commercially-zoned land shall be permitted, subject to approval of the city planning commission, to make a monetary payment to the city of Point Arena in an amount which is equal to 80 percent of the estimated cost of required off-street parking on a per-parking-stall basis.
(b) 
In addition to the costs associated with land acquisition, the projected costs of providing all of the following services and improvements, based upon required parking stall size and turning radius to serve said parking stall as set forth in Section 18.25.280(3). Dimensional requirements of the Point Arena zoning ordinance, shall be used in determining the amount of the required monetary payment including:
(i) 
Engineering, inspection and contingencies;
(ii) 
Grading/paving;
(iii) 
Drainage;
(iv) 
Striping and wheel stops;
(v) 
Landscaping/screening.
(c) 
At least once every year the city council may establish, by resolution, the value of off-street parking facilities in the city on a per-parking-stall basis. Initially, such a fee shall be $2,000 per parking stall. Funds collected by the city from such payments shall be deposited in a special fund and shall be used by the city only for the purpose of acquiring and/or developing future off-street parking facilities. The city may establish payment schedules for collection of fees.
(d) 
Parking Variance Procedure. The planning commission may, upon application by the landowner, grant a variance from the parking requirement and shall then require the payment of the in-lieu fee for each space as established by resolution. In granting a variance the planning commission shall be guided by the following criteria: upon a showing by the applicant and a finding thereof by the planning commission, a variance may be granted on one or more of the following grounds:
(i) 
The refusal to allow a variance could make a proper use of the property unfeasible;
(ii) 
It is physically impossible for the property to comply with on-site parking requirements;
(iii) 
Specific conditions exist which particularly affect the subject property as opposed to other properties in the same zoning designation similarly situated;
(iv) 
Specific conditions exist as to the type of business enterprise or use permitted by the commission and which may affect the need for on-site parking.
The burden shall be upon the applicant to demonstrate to the planning commission the grounds upon which the applicant bases the application for variance.
(e) 
All off-street parking facilities which are provided by the city of Point Arena shall, in addition to benefiting the employees, guests, and/or patrons of the subject property, be made available for use by members of the general public.
(Ord. 179 § 5.19, 2001.)
The following applies to developments in all zones:
A report by a registered geologist or a certified engineering geologist shall be provided at the applicant's expense as part of an application for earth moving, permanent structure, septic disposal system, driveway, parking area, or other development permitted within the unstable soils as mapped on the "natural hazards" section of the opportunities and constraints map, and can be identified as Santa Lucia soils which occupy slopes of nine percent to 75 percent, properties located on or adjacent to coastal bluffs, and areas within 100 feet of the Hathaway Creek Fault shown on the opportunities and constraints map or within 100 feet of other faults. Before the development is approved, the approving authority shall determine that the proposed development will minimize risks to life and property and will not create or significantly increase erosion and slope instability or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs, and that any potential adverse impacts have been mitigated to the maximum extent feasible.
(1) 
The report shall be based on an on-site inspection in addition to a review of the general character of the area using a currently acceptable engineering stability analysis method and according to the procedures outlined in Section 18.25.210, where applicable. The report shall take into consideration all potential impacts, including, but not limited to, impacts from construction activities such as grading, drainage (from septic leach fields, on-site water use, increased runoff from impervious surfaces), roadways, and vegetation disturbance.
(2) 
The report shall contain a professional opinion stating the following:
(a) 
The area covered in the report is sufficient to demonstrate the geotechnical hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the site;
(b) 
The extent of potential damage that might be incurred by the development during all foreseeable normal and unusual conditions, including, but not limited to, ground saturation and shaking caused by the maximum credible earthquake, landslides, and tsunamis;
(c) 
The effect the project could have on the stability of any bluff, including, but not limited to, the introduction of subsurface effluent discharges from proposed septic systems;
(d) 
How the project can be designed or located so that it will neither be subject to nor contribute to significant geologic instability through the economic lifespan of the project (a 100-year economic lifespan shall be used for new single-family residences);
(e) 
A description of the degree of uncertainty of analytical results due to assumptions and unknowns;
(f) 
Recommended bluff setbacks, if applicable as determined by the procedures outlined in Section 18.25.210. The development must conform to the recommended setbacks. No variance permit may be issued to grant exception to the minimum setback requirement;
(g) 
Recommended mitigation measures and design criteria to avoid or minimize geologic instability, during and after construction of the project;
(h) 
Foundation design requirements;
(i) 
The need for a shoreline protection structure over the life of the project;
(j) 
Alternatives for protection of the septic system;
(k) 
The FEMA base flood elevation and other mapped areas (A, B, or V zones);
(l) 
The effect of future sea level rise on the development;
(m) 
Slope stability and bluff erosion rate determination performed as outlined in Section 18.25.210.
(3) 
In general, the zoning ordinance intends that structures shall be built in the most stable areas of a parcel. The entire footprint of a structure, including decks, shall be to the landward side of the setback lines.
(Ord. 179 § 5.20, 2001.)
All new development located on a bluff top shall be set back from the bluff edge a sufficient distance to ensure that it will not be endangered by erosion or threatened by slope instability for a projected 100-year economic life of the structure. This requirement shall apply to the principle structure and accessory or ancillary structures such as guesthouses, pools, tennis courts, cabanas, and septic systems, etc.
Ancillary structures such as decks, patios and walkways that do not require structural foundations may extend into the setback area but in no case shall be sited closer than 15 feet from the bluff edge. Ancillary structures shall be removed or relocated landward when threatened by erosion. Slope stability analyses and erosion rate estimates shall be performed by a licensed certified engineering geologist and/or geotechnical engineer, or a registered civil engineer with experience in soil engineering. Generally, one of two conditions will exist:
(1) 
If the bluff exhibits a factor of safety of less than 1.5 for either gross or surficial landsliding, then the location on the bluff top at which a 1.5 factor of safety exists shall be determined. Development shall be set back a minimum distance equal to the distance from the bluff edge to the 1.5 factor-of-safetyline, plus the distance that the bluff might reasonably be expected to erode over 100 years. These determinations, to be made by a state-licensed certified engineer geologist, registered civil engineer, or geotechnical engineer, shall be based on a site-specific evaluation of the long-term bluff retreat rate at this site and shall include an allowance for possible acceleration of historic bluff retreat rates due to sea level rise.
(2) 
If the bluff exhibits both a gross and surficial factor of safety against landsliding of greater than 1.5, then development shall be set back a minimum distance equal to the distance that the bluff might reasonably be expected to erode over 100 years plus a 10-foot buffer to ensure that foundation elements are not actually undermined at the end of this period. The determination of the distance that the bluff might be expected to erode over 100 years is to be made by a state-licensed certified engineering geologist, registered civil engineer or geotechnical engineer, and shall be based on a site-specific evaluation of the long-term bluff retreat rate at the site and shall include an allowance for possible acceleration of historic bluff retreat rates due to sea level rise.
For the purpose of this section, quantitative slope stability analyses shall be undertaken as follows:
(a) 
The analyses shall demonstrate a factor of safety greater than or equal to 1.5 for the static condition and greater than or equal to 1.1 for the seismic condition. Seismic analyses may be performed by the pseudostatic method, but in any case shall demonstrate a permanent displacement of less than 50 millimeters.
(b) 
Slope stability analyses shall be undertaken through cross-sections modeling worst case geologic and slope gradient conditions. Analyses shall include postulated failure surfaces such that both the overall stability of the slope and the stability of the surficial units is examined.
(c) 
The effects of earthquakes on slope stability (seismic stability) may be addressed through pseudostatic slope analyses assuming a horizontal seismic coefficient of 0.15g, and should be evaluated in conformance with the guidelines published by the American Society of Civil Engineers, Los Angeles Section (ASCE/SCEC), "Recommended Practices for Implementation of DMS Special Publication 117, Conditions for Analyzing and Mitigating Landslide Hazards in California."
(d) 
All slope analyses shall be performed using shear strength parameters (friction angle and cohesion), and unit weights determined from relatively undisturbed samples collected at the site. The choice of shear strength parameters shall be supported by direct shear tests, triaxial shear test, or literature references.
(e) 
All slope stability analyses shall be undertaken with water table or potentiometric surfaces for the highest potential ground water conditions.
(f) 
If anisotropic conditions are assumed for any geologic unit, strike and dip of weakness planes shall be provided, and shear strength parameters for each orientation shall be supported by reference to pertinent direct shear tests, triaxial shear test, or literature.
(g) 
When planes of weakness are oriented normal to the slope or dip into the slope, or when the strength of materials is considered homogenous, circular failure surfaces shall be sought through a search routine to analyze the factor of safety along postulated critical failure surfaces. In general, methods that satisfy both force and moment equilibrium (e.g., Spencer, Morgenstern-Price, and General Limit Equilibrium) are preferred. Methods based on moment equilibrium alone (e.g., Bishop's Method) also are acceptable. In general, methods that solve only for force equilibrium (e.g., Janbu's method) are discouraged due to their sensitivity to the ratio of normal to shear forces between slices.
(h) 
If anisotropic conditions are assumed for units containing critical failure surfaces determined above, and when planes of weakness are inclined at angles ranging from nearly parallel to the slope to dipping out of slope, factors of safety for translational failure surfaces shall also be calculated. The use of a block failure model shall be supported by geologic evidence for anisotropy in rock or soil strength. Shear strength parameters for such weak surfaces shall be supported through direct shear tests, triaxial shear test, or literature references.
(i) 
The selection of shear strength values is a critical component to the evaluation of slope stability. Reference should be made to American Society of Civil Engineers, Los Angeles Section (ASCE/SCEC), "Recommended Practices for Implementation of DMS Special Publication 117, Conditions for Analyzing and Mitigating Landslide Hazards in California," when selecting shear strength parameters and the selection should be based on these guidelines.
For the purpose of this section, the long-term average bluff retreat rate shall be determined by the examination of historic records, surveys, aerial photographs, published or unpublished studies, or other evidence that unequivocally show the location of the bluff edge, as defined in Chapter 18.10, through time. The long-term bluff retreat rate is an historic average that accounts both for periods of exceptionally high bluff retreat, such as during extreme storm events, and for long periods of relatively little or no bluff retreat. Accordingly, the time span used to calculate a site-specific long-term bluff retreat rate shall be as long as possible, but in no case less than 50 years. Further, the time interval examined shall include the strong El Niño winters of 1982-1983, and 1997-1998.
(3) 
Measures to remediate or stabilize landslides or unstable slopes that endanger existing structures or threaten public health shall be designed to be the least environmentally damaging alternative, to minimize landform alteration, and to be visually compatible with the surrounding natural environment to the maximum feasible extent. Maximum feasible mitigation measures shall be incorporated into the design and construction of slope stabilization projects to minimize adverse impacts to sensitive resources to the maximum feasible extent.
(4) 
All recommendations of the consulting CEG or GE and/or the city staff shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans must be reviewed and approved for compliance with geologic recommendations by the consulting CEG or GE and the city staff.
(5) 
New development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures that incorporate structural and nonstructural best management practices (BMPs) to control the volume, velocity and pollutant load of stormwater runoff in compliance with all water quality requirements contained in Section 18.25.330.
(6) 
Final plans approved by the consulting CEG or GE and the city staff shall be in substantial conformance with the plans approved by the final city decision making body relative to construction, grading, sewage disposal and drainage. Any substantial changes in the proposed development approved by the city which may be required by the project consultants or city staff shall require an amendment to the permit or a new coastal development permit.
(7) 
Development on or near the shoreline or bluffs, including the construction of a shoreline protection device, shall include measures to insure that: no stockpiling of dirt or construction materials shall occur on the shoreline; all grading shall be properly covered and sandbags and/or ditches shall be used to prevent runoff and siltation; measures to control erosion shall be implemented at the end of each day's work; no machinery shall be allowed in the intertidal zone at any time to the extent feasible; and all construction debris shall be removed from the beach.
(8) 
A special condition shall be attached to all coastal permits for development on ocean-front or blufftop lots, or where demolition and rebuilding is proposed, where geologic or engineering evaluations conclude that the development can be sited and designed not to require a shoreline protection structure as part of the proposed development at any time during the life of the development, requiring the property owner to record a deed restriction against the property that states the following:
(a) 
The landowner understands that the site may be subject to extraordinary geologic and erosion hazard and the landowner assumes the risk from such hazards;
(b) 
The landowner agrees that any adverse impacts to property caused by the permitted project shall be fully the responsibility of the applicant;
(c) 
The landowner shall not propose or construct any bluff or shoreline protective devices to protect the subject residence, guest cottage, garage, septic system, or other development approved in the event that these structures are subject to damage, or other natural hazards in the future and expressly waives any future right to construct such structures that may exist pursuant to Public Resources Code Section 30235;
(d) 
The landowner shall remove the development when bluff retreat reaches the point where the structure is threatened. In the event that portions of the house, garage, foundations, leach field, septic tank, or other improvements associated with the residence fall to the beach before they can be removed from the bluff top, the landowner shall remove all recoverable debris associated with these structures from the beach and ocean and lawfully dispose of the material in an approved disposal site. The landowner shall bear all costs associated with such removal.
(Ord. 179 § 5.21, 2001.)
No new development shall be allowed within or adjacent to riparian corridors along Arena Creek, or other environmentally sensitive habitat areas (ESHA) where mapped (on the opportunities and constraints map: biological resources and trails) or other unmapped ESHAs that meet the ESHA criteria contained in LUP Chapter X Section 2.4 without first obtaining appropriate permits. New development includes, but is not limited to, vegetation removal, grading, filling, soils or refuse dumping, and the alteration of creek banks.
New development adjacent to ESHA shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion. The ESHA buffer zone is defined in Appendix A of this title. The purpose of this buffer area is to provide for a sufficient area to protect environmentally sensitive riparian habitats from significant degradation resulting from future development. Vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation may not be permitted within buffers. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect.
The buffer area shall be a minimum of 100 feet and shall be larger if necessary to protect the resources of the particular habitat area from possible significant degradation caused by the proposed development. No buffer may be less than 100 feet unless it can be demonstrated, based on the criteria below and after city consultation with the California Department of Fish and Game, that 100 feet is not necessary to protect the resources of the particular habitat area from possible significant degradation caused by the proposed development. No buffer area may be less than 50 feet in width.
Standards for determining an appropriate width of the buffer area are as follows.
(1) 
Biological Significance of Adjacent Lands. Lands adjacent to a wetland, stream, or riparian habitat area vary in the degree to which they are functionally related to these habitat areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting).
Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the wetland, stream, or riparian habitat that is adjacent to the proposed development.
(2) 
Sensitivity of Species to Disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with the Department of Fish and Game or others with similar expertise:
(a) 
Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species;
(b) 
An assessment of the short-term and long-term adaptability of various species to human disturbance;
(c) 
An assessment of the impact and activity levels of the proposed development on the resource.
(3) 
Susceptibility of Parcel to Erosion. The width of the buffer zone shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, and vegetative cover of the parcel and to what degree the development will change the potential for erosion. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development should be provided.
(4) 
Use of Natural Topographic Features to Locate Development. Hills and bluffs adjacent to ESHAs shall be used, where feasible, to buffer habitat areas. Where otherwise permitted, development should be located on the sides of hills away from ESHAs. Similarly, bluff faces should not be developed, but shall be included in the buffer zone.
(5) 
Use of Existing Cultural Features to Locate Buffer Zones. Cultural features (e.g., roads and dikes) shall be used, where feasible, to buffer habitat areas. Where feasible, development shall be located on the side of roads, dikes, irrigation canals, flood control channels, etc., away from the ESHA.
(6) 
Lot Configuration and Location of Existing Development. Where an existing subdivision or other development is largely built-out and the buildings are a uniform distance from a habitat area, at least that same distance shall be required as a buffer zone for any new development permitted. However, if that distance is less than 100 feet, additional mitigation measures (e.g., planting of native vegetation) shall be provided to ensure additional protection. Where development is proposed in an area that is largely undeveloped, the widest and most protective buffer zone feasible shall be required.
(7) 
Type and Scale of Development Proposed. The type and scale of the proposed development will, to a large degree, determine the size of the buffer zone necessary to protect the ESHA. Such evaluations shall be made on a case-by-case basis depending upon the resources involved, the degree to which adjacent lands are already developed, and the type of development already existing in the area.
The buffer area shall be measured from the nearest outside edge of the ESHA. For a wetland the buffer shall be measured from the upland edge of the wetland. For riparian areas, the buffer shall be measured from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream. For coastal bluff ESHA, the buffer shall be measured from the bluff edge (as defined in Appendix A). For plant community ESHAs, the buffer shall be measured from the outer edge of the plants that comprise the plant community. For Point Arena mountain beaver ESHA, see Section 18.25.240 for development guidelines and buffer policies.
New subdivisions or boundary line adjustments shall not be allowed which will create or provide for new parcels entirely within a buffer area.
Pre-existing buildings and nonconforming uses within riparian buffer zones may continue as legally nonconforming, but no additions that encroach closer to the stream or creek within said corridor buffer zone shall be permitted, with the following exceptions contingent upon the four required findings described below:
(1)
Accessory structures located at the city's waste water reclamation facility situated entirely within the developed fenced area subject to a coastal development permit consistent with all other applicable provisions of the certified LCP.
(2)
Required Findings.
(a)
The proposed development has been sited and designed to prevent significant impacts to the habitat values, functional capacity, and species diversity of the adjacent riparian habitat area; and
(b)
The proposed development is compatible with the continuance of such habitat areas;
(c)
Soils and vegetation removal and disturbances shall be minimized;
(d)
Nonnative vegetation shall not be planted except for the continuance of existing agricultural practices.
(Ord. 179 § 5.22, 2001.)
Applicants for coastal development permits shall submit with development applications specific information and data to ensure to the planning commission's satisfaction that impacts to bluffs, wetlands, rivers, streams, and ponds, and riparian areas thereof, and to environmentally sensitive habitat areas, as a result of earth moving, tree removal, or any development, diking, dredging, filling, or excavation are identified and mitigation measures proposed, all in accordance with Section 18.25.270.
New development applications shall include an inventory of the plant and animal species and habitat present on the project site. Potential sensitive species to be included in the survey shall include, but are not limited to: Point Arena mountain beaver, northern closed cone coniferous forest, coast lily, north coast riparian scrub, northern coastal bluff scrub, northern coastal scrub, and coastal terrace prairie, Mendocino paint brush, coastal bluff morning glory, and habitat for Behren's silverspot butterfly, or plants designated "1B" or "2" by the California Native Plant Society.
If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed biological study shall be required. A detailed biological analysis, prepared by a qualified biologist, of development plans affecting or likely to affect any ESHA shall be submitted to the city for its review and approval, that includes the following:
(1) 
A study identifying biological resources, both existing on the site and potential or expected resources; and
(2) 
Photographs of the site; and
(3) 
A discussion of the physical characteristics of the site, including, but not limited to, topography, soil types, microclimate, and migration corridors; and
(4) 
A wetland delineation in full conformance with Section 18.25.130 if there are indications that wetlands may be present on the site; and
(5) 
A map depicting the location of biological resources; and
(6) 
An identification of rare, threatened, or endangered species, that are designated or are candidates for listing under state or federal law, an identification of "fully protected" species and/or "species of special concern," and an identification of any other species for which there is compelling evidence of rarity, for example, plants designated "1B" or "2" by the California Native Plant Society, that are present or expected on the project site; and
(7) 
An analysis of the potential impacts of the proposed development on the identified habitat or species; and
(8) 
An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition; and
(9) 
Project alternatives designed to avoid and minimize impacts to sensitive resources; and
(10) 
Mitigation measures that would minimize or mitigate residual impacts that cannot be avoided through project alternatives; and
(11) 
An analysis of buffer width based on the buffer width criteria of Section 18.25.220.
(Ord. 179 § 5.23, 2001.)
The Point Arena mountain beaver (Aplodontia rufa nigra) was listed as an endangered species on December 12, 1991 (56 Federal Register 64716), under the Endangered Species Act. Section 9 of the Endangered Species Act prohibits the "take" of any federally listed species. As defined in the Act, take means "...to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." "Harm" has been further defined to include habitat destruction when it kills or injures a listed species by interfering with essential behavioral patterns, such as breeding, foraging or resting. Indirect adverse impacts, such as construction of buildings, roads or fences, that interrupt or prohibit the movement patterns of a listed species could be considered "take" under the Act. Take incidental to an otherwise lawful activity may be authorized under Section 7 of the Act if a federal agency is involved with the project.
If a federal agency is not involved with a project, and there is a possibility of a "take" as part of the project, then an "incidental take permit" pursuant to Section 10(a) of the Act would need to be obtained. The Fish and Wildlife Service may issue such a permit upon completion of a satisfactory habitat conservation plan for the listed species that would be affected by the project. If an incidental take permit is not obtained and an unauthorized take does occur, the responsible entity will be liable under the enforcement provisions of the Act.
Threats to the Point Arena mountain beaver that may result in a "take" include, but are not limited to: livestock grazing, road construction and maintenance, public access and recreational use (camping and hiking trails), rodent control, exotic plant expansion, housing developments, storm water run-off and irrigation, predation by feral and pet cats and dogs, withdrawal of crucial water supplies for residential use and agricultural use. The Fish and Wildlife Service believes that the mountain beaver may be particularly sensitive to disturbances in the form of noise and ground vibrations and that actions involving noise-generating activities, within 500 feet of occupied habitat, have the potential to harm the animals, especially during the breeding season of December 15th to June 15th.
To minimize and mitigate disturbance to Point Arena mountain beavers, noise-generating or habitatmodifying projects within the mountain beaver buffer area (MBBA) shall be surveyed. The MBBA is designated on the Point Arena opportunities and constraints map as a 1,000 foot strip along Arena Creek, 500 feet from the centerline. Surveys shall be done by a qualified biologist and should cover all of the mountain beaver habitat from the perimeter of the project out to a distance of 500 feet. If mountain beaver sign (trails, burrows, digging, etc.) is detected within this radius, additional project mitigation or the development of a habitat conservation plan shall be required. Fences are prohibited within 15 feet of the center line of the creek to allow for wildlife migration along the travel corridor, and disturbance of the streambed is prohibited.
The city shall periodically review the opportunities and constraints map and update the map to reflect current information on Point Arena mountain beaver habitat, and the MBBA adjusted accordingly. The map shall include a map note that states that: "The map may be updated as appropriate and may not include all areas that constitute Point Arena mountain beaver habitat." Revisions to the map depicting Point Arena mountain beaver habitat shall be treated as LCP amendments and shall be subject to the approval of the Coastal Commission.
Any area mapped as MBBA shall not be deprived of protection as ESHA, as required by the policies and provisions of the LCP, on the basis that habitat has been illegally removed, degraded, or species that are rare or especially valuable because of their nature or role in an ecosystem have been eliminated.
Any area not designated as MBBA on the opportunities and constraints map that contains Point Arena mountain beaver habitat, is ESHA and shall be accorded all the protection provided for the MBBA in this section and all the relevant ESHA provisions in the LCP. Coastal scrub/riparian habitats, steep north-facing slopes, and protected gulches are considered viable habitat for PAMB, and all applications on properties containing these vegetation types shall be surveyed by a qualified biologist for PAMB habitat.
Mitigation for noise generating projects within 500 feet of occupied habitat shall include the following restrictions from December 15th through June 15th:
(1) 
The action and related activities shall be greater than 100 feet from occupied habitat;
(2) 
Noise-generating activities shall be limited to the use of hand tools and light power-tools (e.g., axe, chainsaw, etc.);
(3) 
No tools shall be used that require an air compressor;
(4) 
No power tools shall be operated while in direct contact with the ground.
(Ord. 179 § 5.24, 2001.)
(1) 
Approval of development proposals shall be given to areas contiguous to existing urbanized areas prior to the approval of projects which require extensions of water, sewer, and road services. This will minimize the loss of agricultural land, reduce the costs of service extensions, and encourage the development within areas of existing development before extending service to outlying areas. With the exception of the Hay annexation area (LCP Amendment #1-89), and properties located at the northern end of the city, the city sewer and the PAWW water system is presently available to the following zones: urban residential, multifamily residential, suburban residential-1/2, suburban residential-1, commercial core, highway commercial, harbor commercial, public facilities, and park. Priority shall be given as follows:
1st priority: Developed lots for which sewer and water connection is available.
2nd priority: Undeveloped lots for which sewer and water connection is available.
3rd priority: Developed lots for which sewer and water lines must be extended.
4th priority: Undeveloped lots for which sewer and water lines must be extended.
Adequate sewer and water capacity shall be reserved for first and second priority lots. A memorandum of understanding associated with the Hay annexation provides for orderly extension of infrastructure, including sewer system, to be extended to Phase 1 of the annexation. No sewer and water service will be extended to the agricultural exclusive zone or areas outside the urban limit line.
(2) 
Supplemental Application Requirements for Land Divisions, Conditionally Permitted Multifamily Dwellings within Highway Commercial or Core Commercial Areas, and Conditionally Permitted Mobile Home Parks in Highway Commercial Areas.
The following information shall be submitted with all applications for a coastal development permit for:
(a) 
Land divisions, including lot line adjustments, mergers and the issuance of conditional certificates of compliance;
(b) 
Multifamily dwellings allowed by use permit in areas designated with the highway commercial or core commercial land use classification; and
(c) 
Mobile home parks allowed by use permit in areas designated with the highway commercial land use classification:
(i) 
Evidence that adequate services exist to serve the proposed development consistent with the requirements of LUP Chapter X, Section 2.6, Policy 2.5,
(ii) 
Evidence that for existing and projected future priority uses, adequate service capacity will be reserved to accommodate existing and projected future coastal dependent industrial (including commercial fishing facilities), visitor serving, and recreational priority uses in HC, HWC, and commercial areas within the city allowed under the land use plan.
(Ord. 179 § 5.25, 2001.)
New development shall conform to noise control policies set forth in the noise element of the general plan or in any noise ordinance that may be in effect and in conformance therewith, and the planning commission may require that noise studies be prepared as a condition of any permit review, and may also require that a developer mitigate for negative noise impacts.
(Ord. 179 § 5.26, 2001.)
Permissible development shall be sited and designed to avoid adverse impacts to ESHA. If there is no feasible alternative that can eliminate all adverse impacts, then the alternative that would result in the fewest or least significant adverse impacts shall be selected. Residual adverse impacts to ESHA shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts onsite or where off-site mitigation is more protective in the context of a natural community conservation plan that is certified by the Coastal Commission as an amendment to the Point Arena LCP. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA.
The planning commission or city council shall, as a condition for a coastal development permit, require that a developer mitigate for impacts to ESHA. The permit shall include conditions that require implementation of all feasible mitigation measures that would significantly reduce adverse impacts of the project.
When mitigation measures are required for impacts to ESHA, such measures including habitat restoration and/or enhancement shall be monitored for a period of no less than five years following completion unless it can be demonstrated that the success criteria have been met for a period of at least two years without any maintenance or remediation activities other than exotic species control. Specific mitigation objectives and performance standards shall be designed to measure the success of the restoration and/or enhancement. Midcourse corrections shall be implemented if necessary. Monitoring reports shall be provided to the city annually and at the conclusion of the five-year monitoring period that document the success or failure of the mitigation.
If performance standards are not met by the end of five years, the monitoring period shall be extended until the standards are met. The restoration will be considered successful after the success criteria have been met for a period of at least two years without any maintenance or remediation activities other than exotic species control.
At the city's discretion, final performance monitoring will be conducted by an independent monitor or civil servant with the appropriate classification, supervised by the city biologist and paid for by the applicant. If success criteria are not met within 10 years, the applicant shall submit an amendment proposing alternative mitigation. The permit shall include conditions that impose these requirements:
(1) 
Environmentally Sensitive Habitat Impact Mitigation. All permissible development shall include mitigation for unavoidable impacts to ESHA from the removal, conversion, or modification of natural habitat for new development, including required fuel modification and brush clearance, except as provided in subsection (2) for impacts to wetlands. The acreage of habitat impacted shall be determined based on the size of the approved development area, road/driveway area, required fuel modification on the project site, and required brush clearance, if any, on adjacent properties.
(2) 
Wetlands.
(a) 
Any new development that includes dike or fill development in wetlands for a use permitted under the Coastal Act and the LCP shall include mitigation for unavoidable impacts to wetland habitat. Wetland impact mitigation shall include, at a minimum, creation or substantial restoration of wetlands of the same type as the affected wetland or similar type. The acreage of wetland habitat mitigation shall be determined based on the approved project and the type of wetland affected.
(b) 
Prior to issuance of the coastal development permit, the applicant shall identify an area of disturbed or degraded wetland habitat of equivalent type and with acreage sufficient to provide mitigation of the wetland impacts.
(c) 
Mitigation ratios will often be greater than 2:1. However, in no event will the mitigation ratio be less than 2:1 unless, prior to the development impacts, the wetland creation or restoration proposed as project mitigation is completed and is empirically demonstrated, based upon a report provided by the applicant from a qualified biologist or resource specialist, to meet performance criteria that establish that the created or restored wetlands are functionally equivalent or superior to the impacted wetlands.
(d) 
Prior to issuance of the coastal development permit, the applicant shall submit wetland habitat creation, restoration, management, maintenance and monitoring plans for the proposed wetland mitigation area prepared by a qualified biologist and/or resource specialist. The plans shall provide a 100-foot restored buffer as measured from the upland limit of the wetland area, and at a minimum include ecological assessment of the mitigation site and surrounding ecology; goals, objectives and performance standards; procedures and technical specifications for wetland and upland planting; methodology and specifications for removal of exotic species; soil engineering and soil amendment criteria; identification of plant species and density; maintenance measures and schedules; temporary irrigation measures; restoration success criteria; measures to be implemented if success criteria are not met; and long-term adaptive management of the restored areas for a period of not less than five years. The city shall determine that the proposed restoration site is of equivalent type and acreage to the impacted wetland habitat.
(e) 
The area of wetland habitat to be restored shall be restricted from future development and permanently preserved through the recordation of an open space deed restriction that applies to the entire restored area and buffer. The open space deed restriction shall be recorded prior to issuance of the coastal development permit. The habitat restoration shall be carried out prior to or concurrently with construction of the development project. In any case, the wetland restoration or creation project improvements shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit.
(Ord. 179 § 5.27, 2001.)
These regulations are intended to provide accessible and well maintained off-street parking facilities so as to reduce traffic congestion and thereby allow the more efficient utilization of the street right-of-way.
(1) 
General Provisions.
(a) 
When any main building is constructed, enlarged, or increased in capacity, or when a change in use creates an increase in the amount of off-street parking space required, additional parking spaces shall be required, except as specifically provided in this chapter.
(b) 
Fractional space requirements shall be counted as a whole space.
(c) 
No portion of any front yard, or any side yard on the street side of a corner lot, shall be used for off-street parking purposes, except in the case of a driveway of a single-family dwelling and in the industrial and highway commercial zones where required front yards may be used to meet offstreet parking requirements.
(d) 
Off-street parking spaces for single-family dwellings shall be located on the same lot as the dwelling served. Off-street parking spaces for all other dwellings, and all nonresidential uses, shall be located on the same lot as, or not more than 150 feet from the building or use served.
(e) 
No repair work or servicing of vehicles shall be conducted in an off-street parking facility, except such minor work as is common to residential use.
(f) 
No off-street parking facility shall be reduced in capacity or in area without sufficient additional capacity being provided.
(g) 
Off-street parking facilities for one use shall generally not be considered as providing required off-street parking facilities for any other use. However, off-street parking facilities for one commercial use may be considered as providing required off-street parking facilities for another commercial use if the business hours of the two uses are mutually exclusive.
(h) 
When two or more uses are located in the same building and/or in common developments, or when parking facilities for different buildings or uses are provided collectively, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this section.
(i) 
Sufficient bicycle storage space, as determined by the planning commission, shall be provided in all parking areas of 10 or more spaces.
(j) 
Where joint parking facilities are provided for two or more commercial uses in a planned commercial development, the minimum requirement may be reduced to 75 percent of the sum of the requirements for the various uses computed separately, when the combined requirements total 20 or more spaces.
(k) 
Requirements for types of buildings or uses not specifically listed herein shall be determined by the planning commission based upon the requirements for comparable uses listed and on the particular characteristics of the building or use.
(2) 
Parking Space Requirements. Off-street parking spaces shall be provided according to the following schedule:
(a) 
Residential Uses Parking.
Single-family and two-family dwellings located in a residential district
Two spaces per dwelling unit
Multifamily dwellings with two or fewer bedrooms located in a residential district
One and one-half spaces per dwelling unit
Multifamily dwellings with three or more bedrooms located in a residential district
Two spaces per dwelling unit
Single- or multiple-family dwellings as a secondary use located in a commercial district
One space per dwelling unit
(b) 
Commercial and Public/Quasi-Public Uses.
Small establishments in existing and new buildings. Any use with a floor area less than 600 square feet and located in a building with not more than one other use of less than 600 square feet
No spaces
Uses in completely new structures or change of use in an existing structure:
Theaters, churches, lodges, clubs, auditoriums, and other public assembly uses
One space per every six seats
Bowling alleys and pool halls
Four spaces for each lane; two spaces for each billiard table
Hotels, motels, inns, rooming houses located in a nonresidential district
One space per every one and one-half sleeping units
Hotels, motels, inns, rooming houses located in a residential district
One space per sleeping unit, plus one space per every three employees
Hospitals
Two spaces per bed
Extended care facilities
One space per two and one- half beds
Medical offices
One space per 200 square feet of floor area
All professional service/general business offices (including banks)
One space per 300 square feet of floor area
Restaurants, bars, retail sales, personal services, and all other commercial, public and quasi-public uses not listed
One space per 400 square feet of floor area
Commercial (work) space as part of a "live-work" space located in a residential district
One space per for each live-work unit, in addition to the required residential spaces
(c) 
Industrial Uses. To be determined on a case-by-case basis by the planning commission.
(d) 
Schools.
Nursery and elementary schools
One space per each classroom and office, plus 10 spaces for visitor parking
High schools
One for every three students, plus one for every two teachers, and one for each other employee
(3) 
Dimensional Requirements. The minimum off-street parking dimensions shall be as prescribed in the following table, except that a parking space required to be located in a garage or carport shall be not less than 20 feet in length and 10 feet in width:
Angle
Stall Width
Stall Length
Aisle Width
One-way
Two-way
Parallel
8′6″
23′
12′
20′
30 degree 8′6″
16′10″
11′
20′
 
45 degree 8′6″
19′5″
13′6″
20′
 
60 degree 8′6″
20′8″
18′6″
20′
 
Perpendicular 8′6″
19′
25′
20′
 
(See Figure 1, Guide to Dimensional Requirements)
-Image-1.tif
Figure 1 GUIDE TO DIMENSIONAL REQUIREMENTS
Twenty percent of the required spaces in parking areas with five required spaces or more may be devoted to compact car spaces, as follows:
Angle
Stall Width
Stall Length
Parallel
7′
20′
45 degree
7′6″
16′
60 degree
7′6″
17′
Perpendicular
7′6″
16′
Such spaces shall be clearly labeled for "compact cars."
(4) 
Design Requirements. Requirements for off-street parking areas shall include:
(a) 
Lighting. If the parking area is illuminated, lighting shall be deflected away from residential sites and downward so as to cause no annoying glare.
(b) 
Bumpers. Bumpers, posts, wheel stops, or other acceptable devices shall be provided on all parking spaces located along property lines, and set back a minimum of one and one-half feet from the boundary of the parking lot. All such devices shall be firmly attached to the ground.
(c) 
Access Drives. Except for single-family dwellings, groups of more than two parking spaces shall be so located and served by an access drive that the use of the spaces and the access drive will require no backing movements or other maneuvering within a street right-of-way. Alleys may be used for maneuvering.
Each parking space shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without requiring moving another vehicle. Entrances from and exits to streets and alleys shall be provided at locations approved by the planning commission.
(d) 
Parking Surface. The parking area, aisles, and access drives should be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets, or alleys.
(e) 
Landscaping and Screening. A screening device not less than six feet in height and constructed of dense landscaping or of a fence, wall, grill, or other material, shall be required along all interior property lines for all off-street parking spaces abutting a residential use. Perimeter landscaping shall also be provided between parking spaces and adjoining public sidewalks. Moreover, all offstreet parking areas having five or more spaces shall be provided with screening and landscaping according to the following standards:
(i) 
Where the parking facility adjoins a street or a required front yard, or where a parking area is located directly across a street or alley from a residential use, a solid wall or fence, vine covered fence, or compact evergreen hedge no less than four feet in height shall be located on the property line or on the rear line of the required front yard. See Section 18.25.110 for additional information regarding yards, fences, walls and hedges.
(ii) 
One tree shall be provided for every eight parking spaces, except that parking areas of five or more spaces shall also require at least one tree. Said trees shall be planted in tree wells of at least four-by-four feet in locations approved by the design assistance committee, and shall be provided with a means of irrigation and maintained in a living condition. Off-street parking areas for multifamily dwellings shall be screened from street view by the means of berming, landscaping, fencing or some combination thereof.
(iii) 
All planters and tree wells shall be enclosed by a curb not less than six inches in height.
(f) 
Exception. Within 35 feet of the street corner of any corner lot, the height of any landscaping or screening may be required to be reduced in height or set back from the property line such distance as the planning commission shall deem necessary for public safety.
(Ord. 179 § 5.28, 2001.)
(1) 
Signs allowed in all zones without a permit.
(a) 
Noncommercial Signs.
(i) 
Permanent signs shall not exceed two square feet, including residential name plates, safety or directional signs, and "no trespassing" signs.
(ii) 
Temporary signs shall not exceed 32 square feet, and in no case shall the total of display surface of temporary signs exceed 32 square feet per parcel. Any temporary sign shall be allowed for one 42-day period in a calendar year or a total of 42 separate days in a calendar year. Political campaign signs may be allowed for more than 42 days, but must be removed within 10 days after the election.
(b) 
Commercial.
(i) 
Permanent signs which are not illuminated, including home occupation business signs, shall not exceed three square feet.
(ii) 
Temporary signs, nonilluminated, and not exceeding a total area of six square feet, and not more than two in number for residential zones, and nonilluminated signs not exceeding 32 square feet and not more than two in number for all other zones; and, vendor signs which shall not exceed six square feet and shall be displayed only when the operator is vending. Anything greater than six square feet in area shall require a permit. All commercial, temporary signs shall not exceed 32 square feet, and in no case shall the total of display surface of temporary signs exceed 32 square feet per parcel. Any temporary sign shall be allowed for one 42-day period in a calendar year or a total of 42 separate days in a calendar year (including for sale or lease signs).
(2) 
Signs Allowed in All Zones With a Permit.
(a) 
Noncommercial signs which shall not exceed 32 square feet, and must be located on the premises not less than 10 feet from any property line. Illumination shall be nonglaring and indirect. Noncommercial signs include signs for schools, churches, clubs and other public organizations.
(b) 
Commercial Signs. Illuminated home occupation signs which shall not exceed three square feet. Illumination shall be non-glaring and indirect.
(3) 
Signs Allowed in the Commercial and Industrial Zones Without a Permit. Nontemporary signs within window display areas, visible from the street, nonilluminated and less than two square feet shall not require a permit; however, the square footage of these signs will be added to the entire aggregate advertising area for the parcel. Temporary signs within window display areas are subject to requirements of subsection (1)(d). All other signs within window display areas may be allowed with permit.
(4) 
Signs Allowed in the Commercial and Industrial Zones With a Permit. Signs allowed in the commercial and industrial zones with a permit shall be permanently fixed to the ground or building, are subject to design review, and are subject to the following size, quantity, and placement restrictions:
(a) 
Maximum Aggregate Display Surface. The aggregate display surface for any parcel of land shall be one square foot for each foot of street frontage, provided that any parcel shall be permitted at least 20 square feet of advertising area, but in no case shall the advertising area for any parcel exceed 300 square feet in area.
(b) 
Maximum Number of Signs. The aggregate display surface may be divided into not more than six single- or double-faced signs.
(c) 
Maximum Sign Size. No sign shall exceed 50 square feet in area, except signs of unusual size or nature (see subsection (5)).
(d) 
Maximum Height. No sign shall exceed the maximum building height for the zone in which the sign is located, and in no case shall it exceed the maximum height of the structure. Signs attached to buildings shall not project beyond the roof line at any point.
(e) 
Maximum Size and Projection Over Public Right-of-Way. Signs projecting more than eight inches over the public right-of-way shall not exceed 32 square feet in area, shall not project more than five feet, shall not extend closer than 24 inches horizontally from the curb face, shall not be closer than nine feet to the ground, and, if attached to the underside of a projecting canopy extending over a public right-of-way, shall not be more than six square feet in area.
(5) 
Signs of Unusual Size or Nature. The following signs may be allowed with a permit in all zones. If in conformance with the following criteria, the sign may be allowed to exceed the maximum sign limits and the area of the sign will not be included in the aggregate display surface.
(a) 
Murals shall be painted or affixed directly on the building, shall cover a minimum area of 50 square feet, shall be pictorial in nature, and should not contain commercial logos.
(b) 
Theater marquees only for theater use shall contain no permanent lettering with the exception of the name of the theater.
(6) 
Prohibited Signs.
(a) 
Signs that resemble traffic control signs or obstruct the visibility of any traffic sign, or signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited unless required by law. An exception to this section is the allowance of barber poles, clock hands and lighted holiday decorations.
(b) 
Off-site advertising is prohibited except signs erected by public agencies. Existing offsite outdoor advertising billboards shall be phased out and the construction of new billboards is prohibited.
(c) 
No sign shall restrict necessary sight distances at intersections or driveways.
(d) 
No sign shall be placed in a public right-of-way.
(e) 
Placement of signs other than traffic or public safety signs, utilities, or other accessory equipment that obstruct views to the ocean, beaches, parks, or other scenic areas, from public viewing areas and scenic roads shall be prohibited.
(7) 
Use of Nonconforming Signs. Signs lawfully existing on the effective date of the ordinance codified in this title which do not conform to the regulations of this title will constitute nonconforming signs.
(a) 
If the service, business, institution or location to which a nonconforming signs refers ceases for a period of 30 days or more for a year-round business or for a period of six months or more for a seasonal business, the sign shall be removed. Such sign shall be removed within a period of 60 days after the termination of the need for the sign.
(b) 
Any nonconforming sign destroyed by fire, wind, or accident to the extent that cost of repair, using new materials exceeds 50 percent of the current appraised value, as determined by the city building inspector, or its agent, must be removed or brought into conformance with the requirements of this chapter.
(c) 
Any change made to a nonconforming sign must bring the sign into conformity with this chapter.
(8) 
Design Requirements.
(a) 
Materials, colors, size and style used in a sign should be compatible with its location.
(b) 
Signs associated with new building construction should be designed to be an integral part of the structure and should complement or enhance the appearance of the surrounding area.
(c) 
Light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas and uses. Indirect lighting is preferred over internally lit or neon signs.
(d) 
Signs located in residential zones shall in no way change the predominantly residential character of the area.
(e) 
All signs shall be safe and well maintained.
(f) 
Freestanding signs, unless otherwise stated, should be placed a minimum of five feet from any property line in order to protect the public and neighbors from the feeling of crowding.
(g) 
See additional design review requirements as specified in Section 18.25.150(3).
(Ord. 179 § 5.29, 2001.)
The following provisions shall apply to the placement of mobile home units on lots within the city limits:
(1) 
Mobile homes must conform to applicable residential or commercial zone requirements relative to water and sewer connections.
(2) 
Mobile homes will not be allowed on lands designated "unstable" or within 100 feet of the Hathaway Creek Fault as shown on Point Arena opportunities and constraints map.
(3) 
Use is intended as a single-family mobile home dwelling.
(4) 
Household pet requirements will be based on applicable residential zone requirements.
(5) 
Home occupations shall be by conditional use permit only.
(6) 
Minimum lot area must be consistent with the lot area requirements of the zoning district.
(7) 
Minimum lot width must be consistent with the lot area requirements of the zoning district.
(8) 
Maximum depth is three times the lot width.
(9) 
Minimum yards must be consistent with the lot area requirements of the zoning district.
(10) 
Development must comply with all applicable state standards for mobile homes.
(11) 
Exterior siding must be of nonreflective material, which is or simulates woods, stucco, or masonry and shall be required to extend to the foundation.
(12) 
Roofing shall be of nonreflective material, fiberglass or approved fire-resistant shingles. The painting of a raw metal roof will not meet this requirement.
(13) 
A minimum 12-inch roof overhang shall be required.
(14) 
All mobile units must provide a minimum living area of 1,000 square feet, excluding garage.
(15) 
A special permit shall be required before a mobile home built prior to June 15, 1976, can be placed on a foundation.
(Ord. 179 § 5.30, 2001.)
(1) 
The city shall not allow the installation of underground hazardous materials storage tanks.
(2) 
Above ground hazardous materials storage tanks shall comply with current Environmental Protection Agency and State Water Quality Control Board regulations.
(Ord. 179 § 5.31, 2001.)
When any person proposes to undertake the development within Point Arena of any on-shore facility relating to the exploration or development of off-shore oil or gas resources, a general plan amendment is required. Any such amendment shall not be effective until a majority of the voters in Point Arena, in a general or special election, approve the proposed amendment, unless such amendment is approved by the Coastal Commission pursuant to Section 30515 of the Coastal Act.
(Ord. 179 § 5.32, 2001.)
(1) 
Application Requirements (General).
(a) 
A tentative map or a tentative parcel map;
(b) 
Proof of applicant's interest in the property;
(c) 
Current title report for the property, less than 30 days old;
(d) 
Filing fee, application form, and indemnification/hold harmless agreement;
(e) 
Completed Redwood Coast fire protection district application form.
(2) 
Map Form.
(a) 
The tentative map or tentative parcel map shall be clearly and legibly drawn;
(b) 
Minimum sheet size shall be 18 by 26 inches;
(c) 
Minimum scale shall be one inch = 100 feet, unless otherwise approved by the city engineer.
(3) 
Map Content. The tentative map or tentative parcel map shall include all information necessary for the planning body to make an informed decision regarding the subdivision. It shall include, at a minimum, the following information:
(a) 
Date map was prepared, north point and scale;
(b) 
Name, address and phone of owner, applicant and engineer, surveyor or other person who prepared the map;
(c) 
A site map indicating the approximate location of the proposed subdivision of land in relation to the surrounding area;
(d) 
An ownership map showing all land continuous to the land proposed for division in which the applicant or agent or joint venture has held any ownership interest within the past five years;
(e) 
Assessors' parcel numbers for all contiguous properties owned by the applicant;
(f) 
All property lines and assessors' parcel boundaries within the proposed subdivision;
(g) 
An outline of the proposed subdivision to be shown clearly with distinctive symbols and so designated;
(h) 
Names of owners of all adjacent parcels;
(i) 
All existing and proposed easements, clearly stating purpose and width and restrictions;
(j) 
The location, names, existing widths, approximate gradients and approximate curve radii of all existing streets through, adjacent to, or abutting the proposed subdivision. Indicate whether roads are public or private and type and location of street improvements;
(k) 
The location, names, existing widths, approximate gradients and approximate curve radii of all proposed streets within the proposed subdivision. Indicate whether roads will be public or private and type and location of street improvements;
(l) 
A drainage plan, which indicates the direction of slopes and approximate grade or sufficient contour lines designating the slope of the land. Contour interval shall not exceed two feet unless otherwise authorized by the city engineer;
(m) 
The proposed lot layout, approximate dimension, and approximate area of all lots or parcels. All proposed lots or parcels shall be numbered consecutively;
(n) 
The location and approximate dimension of all parcels to be offered for dedication, clearly stating the purpose of dedication;
(o) 
The outline of any existing buildings to remain in place and their location in relation to existing and proposed lot lines;
(p) 
The approximate location of areas subject to inundation or within a 100-year flood plain;
(q) 
The location, width and direction of flow of all significant water courses or water bodies, existing and proposed. Show with the same degree of accuracy as roads and other improvements;
(r) 
The approximate location of property line fences, wells, cesspools, sewers, culverts, drainpipes, major excavations, underground structures, overhead structures or other hazards within the land to be divided or 100 feet adjacent.
(Ord. 179 § 5.33, 2001.)
All development shall be evaluated for potential adverse impacts to water quality, and the applicant shall incorporate site design, source control, and where required, treatment control best management practices (BMPs) to minimize polluted runoff and water quality impacts resulting from the development.
Site design and source control BMPs are required for all development. In addition, all proposed developments of special concern, as described in subsection (2), require the submittal of a water quality management plan (WQMP) that evaluates whether the development's site design and source control measures have adequately minimized post-construction impacts to water quality, or whether structural treatment control BMPs are also necessary.
(1) 
Application Requirements for All Developments. The following information shall be submitted with all applications for a coastal development permit:
(a) 
A site plan specifying the distance from the proposed development to the nearest water body;
(b) 
Proposed methods for controlling erosion and sedimentation during construction:
(i) 
Controls to be implemented on the amount and timing of grading,
(ii) 
Best management practices (BMPs) to be implemented for staging, storage, and disposal of excavated materials,
(iii) 
Design specifications for structural BMPs such as sedimentation basins,
(iv) 
Revegetation or landscaping plans for graded or disturbed areas;
(c) 
Proposed methods for controlling polluted runoff during construction:
(i) 
Methods to eliminate or reduce the discharge of other potential pollutants from construction materials (including paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff,
(ii) 
Best management practices (BMPs) to be implemented for staging, storage, and disposal of construction chemicals and materials,
(iii) 
Methods to treat or infiltrate stormwater prior to conveyance off-site during construction,
(iv) 
Methods to convey runoff from impervious surfaces into permeable areas of the property in a nonerosive manner;
(d) 
Proposed site design and source control best management practices (BMPs) to minimize postconstruction polluted runoff and impacts to water quality:
(i) 
Proposed site design and source control BMPs that will be implemented to minimize postconstruction polluted runoff,
(ii) 
Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff),
(iii) 
Potential flow paths where erosion may occur after construction,
(iv) 
Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways),
(v) 
Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly-connected impervious areas, to increase infiltration of runoff,
(vi) 
Revegetation plans for disturbed portions of the site,
(vii) 
Methods to address any other onsite and/or offsite impacts, and construction of any necessary improvements.
(2) 
Application Requirements for Developments of Special Concern. Certain categories of development have a greater potential for adverse coastal water quality impact, due to the development size, type of land use, or proximity to coastal waters. These developments of special concern may require treatment control BMPs in addition to the site design and source control BMPs required for all developments.
A development in one or more of the following categories shall be considered a development of special concern:
(a) 
Housing development of 10 units or more;
(b) 
Hillside residential development on slopes greater than 20 percent (as indicated on the natural hazards section of the opportunities and constraints map);
(c) 
Industrial development;
(d) 
Commercial development if such development creates more than 5,000 square feet of impervious surface area or increases the impervious surface area on the property by more than 10 percent;
(e) 
Retail gasoline outlet or automotive service facility;
(f) 
Restaurant;
(g) 
Parking lot of 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces;
(h) 
Redevelopment project that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site;
(i) 
Commercial or industrial outdoor storage area;
(j) 
Development within 200 feet of the Pacific Ocean, or of a stream or river (including Point Arena Creek and Hathaway Creek), or development that discharges directly to a surface water body (including wetlands, streams, or other coastal waters), if such development creates more than 2,500 square feet of impervious surface area or increases the impervious surface area on the property by more than 10 percent;
(k) 
Development that discharges directly to the Pacific Ocean.
The applicant for a development of special concern shall be required to submit a post-construction water quality management plan (WQMP) evaluating whether the development's site design and source control measures would adequately minimize post-construction impacts to water quality, or whether structural treatment control BMPs are also necessary. The WQMP shall specify the treatment control BMPs to be implemented, and shall also include the operation and maintenance plans for these BMPs. The water quality management plan shall be certified by a California-registered civil engineer, and approved by the city.
The following information shall be included in a WQMP:
(a)
Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality impacts;
(b)
All of the information required in subsection (1) for the site design and source control plan;
(c)
Pre-development peak runoff rate and average runoff volume from the site;
(d)
Expected post-development peak runoff rate and average runoff volume from the site, with all proposed nonstructural and structural BMPs in place;
(e)
Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the parcel, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells;
(f)
A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flow-based BMPs;
(g)
Appropriate structural treatment control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process;
(h)
A long-term plan and schedule for the monitoring and maintenance of all structural treatment control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
(3) 
The selection of appropriate BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development.
Additional guidance on BMPs is available from the state, the U.S. EPA, and from other sources such as the Bay Area Stormwater Management Agencies Association (BASMAA) "Start at the Source: Design Guidance Manual for Stormwater Quality Protection." Stormwater technologies are continually improving, thus staff and developers should be responsive to any improvements or innovations in control technologies.
(Ord. 179 § 5.34, 2001.)