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:
(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:
(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.
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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.
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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.
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(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.
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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.
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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.
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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.
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(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.
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695 Arena Cove
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Captain's House
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785 Arena Cove
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Wharfmaster's House
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Arena Cove
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Life-saving Station Boathouse
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Arena Cove
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Corrugated Shed
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Arena Cove
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Coast Guard Garage
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Arena Cove
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Captains Garage
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Arena Cove
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Water Tanks
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Arena Cove
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Flagpole
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(b)
Contributors to the Main Street Historic Commercial District.
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165 Main Street
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Standard Oil Station (vacant)
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170 Main Street
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Point Arena Garage
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183 Main Street
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IOOF Hall
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185 Main Street
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Feed Barn
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190 Main Street
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Point Arena Hotel Garage
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195 Main Street
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Pedretti Building, Cypress Realty
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200 Main Street
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Bank of P. A., B of A, Westamerica
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205 Main Street
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Garcia Center, Sweet Licks
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207 Main Street
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Arena Press Print Shop
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211 Main Street
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Everything Under the Sun
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213 Main Street
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Cypress Realty (vacant)
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214 Main Street
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Arena Theater
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215 Main Street
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P.A. Post Office, Travel Center
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225 Main Street
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P.A. Mercantile Co., Gillmore's
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235 Main Street
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Point Arena Market, Arena Pharmacy
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240 Main Street
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Texaco Station, Arena Feed & Seed, Casual Cuts, Laundromat
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245 Main Street
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Ancient Order of Foresters Hall
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265 Main Street
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P.A. Record Building, Bookends
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(c)
Separate Listings.
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40 Iverson Avenue
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Iverson House
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200 Lake Street
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Point Arena High School
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105 Main Street
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Italian Hotel, Kentucky Forge Works
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284 Main Street
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Annie Palmer House, Community Art
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365 Main Street
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Legrand Morse House, R. Mari
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40 Mill Street
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E.P. Gillmore, J.H. Halliday House
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50 Mill Street
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Sid Groshon, Bill Walsh House
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10 Riverside Drive
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Hoyt/Scott House
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40 School Street
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St. Paul's Methodist Church & Parsonage
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10 Scott Place
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Billy Ketchum House, Larksong
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(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:
(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.
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The burden shall be upon the applicant to demonstrate to the
planning commission the grounds upon which the applicant bases the
application for variance.
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(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;
(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.
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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.
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(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.
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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.
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New subdivisions or boundary line adjustments shall not be allowed
which will create or provide for new parcels entirely within a buffer
area.
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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:
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(1)
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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.
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(2)
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Required Findings.
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(a)
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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
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(b)
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The proposed development is compatible with the continuance
of such habitat areas;
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(c)
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Soils and vegetation removal and disturbances shall be minimized;
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(d)
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Nonnative vegetation shall not be planted except for the continuance
of existing agricultural practices.
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(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
(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.
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Single-family and two-family dwellings located in a residential
district
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Two spaces per dwelling unit
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Multifamily dwellings with two or fewer bedrooms located in
a residential district
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One and one-half spaces per dwelling unit
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Multifamily dwellings with three or more bedrooms located in
a residential district
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Two spaces per dwelling unit
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Single- or multiple-family dwellings as a secondary use located
in a commercial district
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One space per dwelling unit
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(b)
Commercial and Public/Quasi-Public Uses.
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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
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No spaces
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Uses in completely new structures or change of use in
an existing structure:
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Theaters, churches, lodges, clubs, auditoriums, and other public
assembly uses
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One space per every six seats
|
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Bowling alleys and pool halls
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Four spaces for each lane; two spaces for each billiard table
|
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Hotels, motels, inns, rooming houses located in a nonresidential
district
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One space per every one and one-half sleeping units
|
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Hotels, motels, inns, rooming houses located in a residential
district
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One space per sleeping unit, plus one space per every three
employees
|
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Hospitals
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Two spaces per bed
|
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Extended care facilities
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One space per two and one- half beds
|
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Medical offices
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One space per 200 square feet of floor area
|
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All professional service/general business offices (including
banks)
|
One space per 300 square feet of floor area
|
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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
|
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Commercial (work) space as part of a "live-work"
space located in a residential district
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One space per for each live-work unit, in addition to the required
residential spaces
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(c)
Industrial Uses. To be determined on a case-by-case basis by the
planning commission.
(d)
Schools.
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Nursery and elementary schools
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One space per each classroom and office, plus 10 spaces for
visitor parking
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High schools
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One for every three students, plus one for every two teachers,
and one for each other employee
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(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)
 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.
(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.
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(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.)
