Agenda, second session — Blue Lake City Council, November 23, 2025

Unless Otherwise Noted, All Items on the Agenda are Subject to Action.

Public Input can be given to the Council by emailing [email protected] until 4:30 p.m. on the date of the meeting.

PLEASE NOTE that live meeting logistics will be prioritized. The quality of the Zoom teleconference meeting cannot be guaranteed. Technical challenges experienced by either the participant or the City will not interrupt or halt the progress of the meeting.

Public input may be facilitated by Zoom at the following meeting link:

Zoom Meeting
https://us02web.zoom.us/j/87330161712?pwd=RrcqdFbxNPTCz8uM2XXc1hl3IaazFP.1 Meeting Id: 873 3016 1712 Passcode: 361808

1. Call to Order, Roll Call

2. Pledge of Allegiance and Establish a Quorum of the Council

3. Approval of the Agenda

4. Public Comment On Non-Agenda Items – The Public is invited to present petitions, make announcements, or provide other information to the City Council that is relevant to the scope of authority of the City of Blue Lake that is not on the Agenda. The Council may provide up to 15 minutes for this public input session. To assure that each individual presentation is heard, the Council may uniformly impose time limitations of 3 minutes to each individual presentation. The public will be given the opportunity to address items that are on the agenda at the time the Council takes up each specific agenda item.

5. Consent Agenda - None
PUBLIC HEARING ITEMS:

6. Introduce Ordinance No. 546 – An Ordinance of the City Council of Blue Lake Adopting Amendments to Title 17, Zoning Regulations of the Blue Lake Municipal Code, By Adding Section

17.20.070, Multi-Family Or MF Combining Zone, and Amending the Zoning Map to Apply The Multi-Family Combining Zone to a 1-Acre Portion of Assessor’s Parcel Number 025-201-023 and Adopting a Mitigate Negative Declaration; Waive Reading of the Text and Consent to Read by Title Only.

City Council Agenda
Tuesday, December 2, 2025 ~ 6:30 p.m. ~ Special Council Meeting Skinner Store-111 Greenwood Road, Blue Lake California
111 Greenwood Road-P.O. Box 458
Blue Lake, CA 95525
707-668-5655(P) 707-668-5916(F) www.bluelake.ca.gov
City of Blue Lake

ITEMS FOR COUNCIL DISCUSSION OR ACTION

7. Consider Introduction and Conduct First Reading of Ordinance No. 549, an Ordinance Amending Blue Lake Municipal Code Chapter 13.12 Regulating Cross Connections

8. Discuss and approve Resolution No. 1244, Authorizing the City Manager to execute a Memorandum of Understanding with CA Housing Community Development relating to the completion of the Housing Element (Sixth Cycle)

9. Council Correspondence

10. Reports of Council and Staff
a. Ad hoc Committee Reports
b. Commission Updates
c. City Manager Report

11. Closed Session:
a. Public comment on closed session agenda items
b. CONFERENCE WITH LEGAL COUNSEL, Significant Exposure to Litigation. One Case (Government Code § 54956.9(b)(3)(A).
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Portions of APN Nos. 312-131-037-000, 312-131-045-000, 312-131-046-000, and 312-190-010-000, in the unincorporated area of the County of Humboldt, State of California Agency Negotiator: Jill Duffy, Interim City Manager; Ryan Plotz (attorney for City) Negotiating parties: Erin McClure, Trustee
Under negotiation: Price and terms
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately three (3) acres of land that is a portion of City owned Assessor’s Parcel Numbers 312-161-018-000 and 312-161-015-000
Agency Negotiator: John Sawatzky, Kat Napier, Interim City Manager Jill Duffy and Ethan Walsh (attorney for City) and Russ Gans (attorney for City) Negotiating parties: DANCO parties Chris Dart, McKenzie Dibble Under negotiation: Price and terms of payment.

12. Adjourn
A request for disability-related modification or accommodation, including auxiliary aid or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting, by contacting the City Clerk at 707-668-5655, at least 24 hours prior to the commencement of the meeting.

Agenda Item: 6
1 Agenda Item #: 6
Date: December 2, 2025
Item Subject: Housing Element Implementation Program HI-14 (Rezoning and By Right Procedures)
Recommendation: That the City Council:

1. Receive a presentation from City staff on Housing Element Implementation Program HI-14 (Rezoning and By Right Procedures) and CEQA Mitigated Negative Declaration.

2. Open the public hearing and receive public comment.

3. Close the public hearing.

4. Ask questions of City staff.

5. Conduct the first reading of Ordinance No. 546-2025 and continue the public hearing to the regular meeting of December 23, 2025.

Background
The City is in the process of updating its General Plan Housing Element for the 2019-2027 planning period (6th cycle). The City Council adopted the Housing Element Update on July 22, 2025, but the City must implement one of the programs in the Housing Element Update (Program HI-14) before the element can be found in substantial compliance with State Housing Element Law. As stated in the recent determination letter (dated August 21, 2025) from the California Department of Housing and Community Development (HCD):
“The adopted element meets statutory requirements of State Housing Element Law (Gov.

Code, § 65580 et seq). The adopted element was found to be substantially the same as the revised draft element that HCD’s September 20, 2023 review determined met statutory requirements. However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones as described below. The housing element will substantially comply with State Housing Element Law when all necessary rezoning is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

CITY OF BLUE LAKE
Staff Report
Agenda Item: 6
2 Generally, pursuant to Government Code section 65584.09, if a city did not make available sites to accommodate the regional housing need allocation (RHNA), then the city shall, within the first year of the planning period of the new element, rezone adequate sites to accommodate the unaccommodated portion of the RHNA from the prior planning period.

The City has an unaccommodated need from the prior planning period (Table 21). Since more than a year has lapsed from the beginning of the current planning period, the element cannot be found in compliance until the required rezoning is complete.

Specifically, the element cannot be found in compliance until Program HI14 (Rezoning and By Right Procedures) is implemented to meet the unaccommodated need from the 5th cycle RHNA. Once the rezoning has been completed, the City should submit documentation (e.g., resolution, ordinance) to HCD and HCD will review and approve the element in accordance with Government Code section 65585.”
Housing Element Update Program HI-14 proposes the creation of a new combining zone (Multi-Family or MF combining zone) to address the requirements in State Housing Element Law to have a zone in the City that allows multi-family development without discretionary review (i.e., Conditional Use Permit or Site Plan Approval). Projects that are allowed without discretionary review are also referred to as being allowed by-right or principally permitted. The intent of the MF combining zone is to provide a zoning tool that will allow the City to meet the by-right zoning requirements in State Housing Element Law on a specific site or sites in the City each Housing Element planning cycle (every 8 years) to ensure there are adequate sites to provide housing for a variety of income levels. During the current planning cycle (6th cycle), the MF combining zone must be applied to a single site that is greater than 1-acre.

For reference, the text of Program HI-14 is provided below.

HI-14 To ensure that the use permit process for multi-family projects does not impact the timing, cost, or supply of multi-family development, the City will adopt and apply a Combining Zone to sites in the Residential Multiple-Family (R-3), Mixed-use (MU), Opportunity (O), and/or Planned Development Residential (PDR) zones to allow multi-family residential uses by-right at a density of 16 units per acre.

Responsibility: City Council, City Clerk, and Planning Staff.

Time Frame: Adopt the Combining Zone and apply to sites zoned Residential Multiple-Family (R-3), Mixed-use (MU), Opportunity (O), and/or Planned Development Residential (PDR) to allow multi-family residential uses by-right by December 2024. Capacity for at least 11 units (5th cycle RHNA) will meet all by right requirements pursuant to Government Code Section 65583.2, subdivisions (h) and (i).

Funding Source: General Fund and/or Grants.

Agenda Item: 6
3 Adding the MF combining zone to the City’s Municipal Code requires amendment of Chapter 17.20 (Regulations for the Combining of Zones and for Open Space Lands).

Applying the combining zone to a site in the City requires a Zoning Map Amendment.

Attached to this staff report is the current draft of the MF combining zone, which has been reviewed and revised by HCD for compliance with State Housing Element Law.

Attachment 1 to this staff report is Municipal Code Chapter 17.20 with the draft language for the new MF combining zone (Section 17.20.070) shown in bold and underlined text.

Under proposed Municipal Code Section 17.20.070(D), multi-family development within the MF Combining Zone is allowed by-right—meaning it is processed ministerially without a public hearing—when at least 20 percent of the units are affordable to lower-income households (see Attachment 1). Projects that do not meet this affordability requirement will continue to require the permits normally required in the principal zoning district. Byright approval also means that qualifying projects are exempt from CEQA pursuant to Public Resources Code §21080(b)(1).

On August 8, 2025, the City Planner met with HCD to discuss potential sites for the rezoning action prescribed by Program HI-14. Through this discussion, HCD provided guidance on a suitable site for application of the MF combining zone. The recommended rezoning site is a 1-acre portion of a City-owned property in the Powers Creek District that is zoned Opportunity (APN 025-201-023). Attachment 2 to this staff report are two maps showing the existing zoning in the Powers Creek District (Figure 1) and the proposed zoning recommended for the 1-acre rezoning site (Figure 2).

California Environmental Quality Act
On August 12, 2025, HCD emailed the City Planner with a determination that the City’s rezoning action (implementation of Program HI-14) would be exempt from the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.085. This recent change to CEQA was enacted by SB 131 and exempts rezoning actions that implement an approved Housing Element. However, upon further review, City staff determined that the proposed rezoning site does not meet the criteria specified in the exemption. This is for the following reasons:
• PRC § 21080.085(b)(B) states that the exemption does not apply to a rezoning that would allow for construction to occur within the boundaries of any "natural and protected lands" as defined pursuant to Section 21067.5. • The definition of "natural and protected lands" in Section 21067.5 includes the following language: "(l) On or within a 300-foot radius of, a wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993)." • The definition of a wetland in the referenced USFWS manual is rather broad and applies to many aquatic features including the creek (Powers Creek) that is within 300 feet of the proposed rezoning site.

Agenda Item: 6
4 After determining the exemption was not applicable to the City’s proposed rezoning action, City staff prepared a CEQA Initial Study (IS). The analysis in the IS determines that future development on the proposed rezoning site could result in potentially significant impacts without mitigation. As such, mitigation measures were included in the Initial Study to address potential impacts related to biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, and utilities and service systems. The Initial Study concluded that all potentially significant environmental impacts can be reduced to less-than-significant levels through implementation of mitigation measures BIO-1 through BIO-3, CUL-1, HAZ-1, HAZ-2, HYD-1, and UTL-1, as detailed in the MMRP (see Attachment 3). As discussed in each section of the IS requiring mitigation, with the implementation of the proposed mitigation measures, impacts of future development on the rezoning site would be less than significant. Therefore, it is recommended by City staff that a Mitigated Negative Declaration is the appropriate CEQA determination for the implementation of Housing Element Program HI-14. Attachment 3 to this staff report contains the MMRP that must be adopted concurrently with the ordinance.

As required by CEQA Guidelines Sections 15073(d) and 15105(b), the CEQA document prepared for the project was sent to the State Clearinghouse (SCH# 2025091327) for a 30- day circulation period. The circulation period began on 9/29/25 and ended on 10/28/25.

As required by CEQA Guidelines Section 15072(a), a ‘Notice of Intent to Adopt a Negative Declaration’ was submitted to the State Clearinghouse, posted in 3 public places in the City, and filed with the County Clerk-Recorder’s Office prior to the beginning of the circulation period. The CEQA document was also posted on the City’s website prior to the beginning of the circulation period. No comments have been received on the Draft IS to date. The Draft IS (dated September 2025) is available on the City’s website at the link provided below. https://bluelake.ca.gov/wp-content/uploads/2025/09/20250926-CEQA-DRAFT-IS-MNDHI-14-BlueLake.pdf Planning Commission Recommendation
The next step in the process for the implementation of Housing Element Program HI-14 was for the Planning Commission to make a recommendation to the City Council regarding adoption of a CEQA Mitigated Negative Declaration and amendment of Title 17 (Zoning) of the Blue Lake Municipal Code as follows:
• Addition of a new Section 17.20.070, Multi-Family or MF Combining Zone (see Attachment 1).
• Amendment of the Blue Lake Zoning Map, Section 17.12.050 (Zoning Map), to add the combining zone to a 1-acre portion of assessor’s parcel number 025-201-023 (see Attachment 2).

Agenda Item: 6
5 However, the Planning Commission only currently has two members and is therefore unable to achieve a quorum. Due to this situation, the City Council adopted Urgency Ordinance No. 548-2025 at their October 28, 2025, meeting. Urgency Ordinance 548-2025 (adopted October 28, 2025) authorizes the City Council to exercise the powers of the Planning Commission under Government Code §§65103 and 65854 when the Commission cannot achieve a quorum.

Remaining Steps to Achieve Substantial Compliance
On July 18, 2025, at the request of HCD, the City Planner submitted a letter outlining their opinion of the quickest possible timeline for the City to achieve substantial compliance with State Housing Element Law. Table 1 below is from the letter and provides the timeline for the implementation of Program HI-14 with the preparation of a CEQA Initial Study. Prior to submittal of the timeline by the City Planner, the City Council committed to HCD that the City will complete the actions necessary to achieve substantial compliance with State Housing Element Law by December 15, 2025.

Table 1. Implementation of Rezoning Action with CEQA Initial Study Task Timeline
Prepare CEQA Initial Study for rezoning action and
circulate for 30-day comment period
Draft CEQA Initial Study
prepared by late-August and 30-
day comment period end in lateSeptember
Planning Commission recommend adoption and
application of Multi-Family (MF) Combining Zone to a site in the City (1 acre or larger)
October 20, 2025 Planning
Commission meeting
City Council consider recommendation from Planning
Commission and conduct first reading of ordinance
November 11, 2025 City Council
meeting
City Council conduct second reading of ordinance November 25, 2025 City Council meeting
File CEQA Notice of Determination File with County ClerkRecorder’s Office by November 26, 2025
Submittal of ordinance to HCD Submit by December 1, 2025 City of Blue Lake determined to be in substantial
compliance with State Housing Law
HCD provide determination by
January 2026
As outlined in Table 1, the remaining steps the City must complete to achieve substantial compliance with State Housing Element Law is for the City Council to hold public hearings and complete the ordinance adoption process for the implementation of Housing Element Program HI-14.

Agenda Item: 6
6 City Council Adoption
As noted above, the Planning Commission does not have enough members to achieve a quorum at this time. Therefore, as allowed by Urgency Ordinance 548-2025, the City Council will need to move forward with the ordinance adoption process for Housing Element Program HI-14 without receiving a recommendation from the Planning Commission.

To implement Program HI-14, it is recommended that the City Council adopt a CEQA Mitigated Negative Declaration and amend Title 17 (Zoning) of the Blue Lake Municipal Code as follows:
• Addition of a new Section 17.20.070, Multi-Family or MF Combining Zone (see Attachment 1).
• Amendment of the Blue Lake Zoning Map, Section 17.12.050 (Zoning Map), to add the combining zone to a 1-acre portion of assessor’s parcel number 025-201-023 (see Attachment 2).

Attachment 4 to this staff report is Ordinance No. 546-2025, which contains recommended findings for adoption of a CEQA Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program (see Attachment 3) and the implementation of Housing Element Program HI-14.

ATTACHMENTS:

1. Draft Municipal Code Section 17.20.070 (Multi-Family or MF Combining Zone)

2. Existing and Proposed Zoning Maps

3. CEQA Mitigation, Monitoring, and Reporting Program

4. Draft Ordinance No. 546-2025
Attachment 1
Draft Municipal Code Section 17.20.070 (Multi-Family or MF Combining Zone)
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Chapter 17.20 REGULATIONS FOR THE COMBINING OF ZONES AND FOR OPEN SPACE LANDS

17.20.010 General Regulations.

The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the Combined Zone, except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations.

17.20.020 Planned Development or P-D Zone.

The purpose of the Planned Unit Development Combining Zone is to allow diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of the buildings and structures, while ensuring substantial compliance to the zoning regulations and other provisions in order that the intent in requiring adequate standards related to the public health, safety, and general welfare, shall be observed without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes. A site may be joined together with a combined zone permitting a planned unit development provided that the development complies with the following regulations.

A. Uses. Any use or combination of uses which are so arranged or designed as to result in an overall development in conformity with the standards, intents and purposes of the Blue Lake General Plan may be permitted with a use permit. A P-D Zone may be combined with any of the R, C, M or A Zones.

B. Development Plan. Applications for use permits for the development of land in Planned Development Zones shall be accompanied by a plan of the development. Such plan shall include a map or maps and such written material as may be required to show:

1. Topography of the land at five-foot intervals; location of major existing trees and other major natural features.

2. Proposed access, traffic and pedestrian ways.

3. Lot design and easements.

4. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses.

5. Areas proposed for commercial uses, loading and off-street parking, multiple and single-family dwellings, and all other uses proposed to be established within the Zone.

6. Proposed location of buildings on the land, including all dimensions necessary to indicate size of structure, setback and yard areas.

7. Proposed landscaping, fencing and screening.

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8. Provisions for drainage of surface waters, watercourses and sewage disposal plans.

9. The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the numbers of the various dwelling types proposed and the average net site area per dwelling unit for each dwelling type.

10. Such other detailed elevations, plans and other information as may be required by the Planning Commission to enable it to evaluate adequately the proposed development and its impact upon the community.

C. Conformity. All uses shall conform to the height, area, width, depth, ground coverage and yard regulations normally required for such uses, except where the overall development will be improved by a deviation from such regulations. In all cases, each structure shall conform to the precise development plan, which shall be made a part of the approved use permit.

D. Site Area. The site shall be at least two acres in area and shall have a frontage of at least 100 feet on a public street.

E. Site Area Per Dwelling Unit. For the purpose of determining the number of dwelling units permitted in a P-D Zone, all street rights-of-way or equivalent private vehicular access ways and all area occupied by nonresidential uses other than community open space occupied by landscaping, natural vegetation or water, and available for the use of all residents of the P-D Zone shall be subtracted, and the remaining area shall be divided by the minimum site area per dwelling unit required in the zone with which the PD Zone is combined. The maximum number of units that would be permitted if the site were not in a PD Zone may be increased by not more than 10%.

F. Open Space. In addition to the usable open space per dwelling unit required in the R-2 Zone and yards requiring adjoining walls with openings, a planned unit development containing dwellings shall include open space occupied by landscaping, natural vegetation or water, and available for the use of all residents of the P-D Zone, equal to not less than 10% of the minimum site area per dwelling unit in the zone with which the P-D Zone is combined times the number of dwelling units in the P-D Zone. The City Planning Commission shall require the appropriate location, development and provision for perpetual maintenance of the open space to serve the needs of residents of a planned unit.

G. One-Family Dwelling Sites. The site of one-family dwelling shall comply with all of the requirements for the R1 Zone except that one-family dwellings with no interior side yards shall be permitted on interior lots not less than 30 feet in width and 2,500 square feet in area, with a basic floor area not exceeding 100% of the site area. The minimum side yard on the street side of a corner lot that is the site of a one-family dwelling with no interior side yard shall be 12 feet, the minimum site width shall be 42 feet, and the basic floor area shall not exceed 75% of the site area.

H. Use Permit Required. No zoning shall be issued for any site in a P-D Zone until a use permit for the entire P-D Zone has been granted in accord with the provisions of Chapter 17.28.

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I. Development Completion Period. Use permits may specify a development completion period of not more than three years, and provide for reversion to prior zoning classification unless an extension has been granted.

J. Action by Commission. In taking action, the Commission may deny a permit, may grant a permit as submitted or may grant a permit subject to additional conditions.

K. Public Hearings. No public hearing need be held, provided that no zoning amendment is required; provided, however, that a hearing may be held by the Commission in any case when it deems such hearing to be necessary in the public interest. Such a public hearing shall be held by publishing notice thereof at least 10 days prior to the hearing in a newspaper of general circulation printed and published in the City of Blue Lake.

L. Development Subject to Conditions. Any planned unit development, as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this chapter only to the extent specified in the permit.

M. Appeals. Appeals shall be governed by Section 17.28.050 of this title.

N. Revocation of Permit. A planned unit development permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, in which case the Commission shall give the permittee notice of intention to revoke such permit at least 10 days prior to review of the permit by the Commission. After conclusion of such review, the Commission may revoke such permit if the Commission finds that a violation in fact exists and has not been remedied prior to such hearing.

O. Other Regulations.

1. Off-street parking as prescribed in Section 17.24.100.

2. Off-street loading as prescribed in Section 17.24.110.

3. Signs as prescribed in Section 17.24.120.

17.20.030 (Reserved)

17.20.040 Special Density or D Combining Zone.

The Special Density or D Combining Zone and subzones thereunder are intended to be combined with any principal zone where density is not specified, or where sound and orderly planning indicate that the density of that zone be modified.

A. Applicability. The following regulations shall apply in any zone which is combined with the D Combining Zone in lieu of the lot area requirements normally applicable. In no case shall the D Combining Zone be applied so as to allow the creation of lots smaller than the minimum lot size specified by the principal zone.

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B. Density.

D-3 One dwelling unit per 3,000 sq. ft. of lot area
D-4 One dwelling unit per 4,000 sq. ft. of lot area
D-5 One dwelling unit per 5,000 sq. ft. of lot area
D-6 One dwelling unit per 6,000 sq. ft. of lot area
D-8 One dwelling unit per 8,000 sq. ft. of lot area
D-10 One dwelling unit per 10,000 sq. ft. of lot area
D-20 One dwelling unit per 20,000 sq. ft. of lot area
D-1 AC One dwelling unit per acre of lot area
D-2½ AC One dwelling unit per 2½ acres of lot area
D-5 AC One dwelling unit per 5 acres of lot area

17.20.050 Open Space Lands.

Attached to the ordinance codified in this chapter is a map entitled "Open Space Element," reference to which is made for further particulars, and which areas as set forth thereon shall be known as "Open Space Lands."
A. In Open Space Lands, no structure shall be erected nor shall vegetation be modified, altered, or destroyed, provided that: (1) upon application to the Planning Commission as provided in Section 17.28.030, Use Permits, limited development for recreation, trails and picnic area may be permitted; (2) as to that area identified as number three on the map attached hereto, a City hall or any other municipal building shall be permitted without necessity for filing an application to the Planning Commission; (3) upon application to the Planning Commission, as provided in Sections 17.28.030 and 17.28.040, a permit to engage in the activities mentioned in this section— i.e., erection of structures or modification, alteration or destruction of vegetation—may be granted if in the opinion of the Planning Commission the granting of the permit will not result in unreasonable alteration to the Open Space Lands.

B. In those areas of Open Space Lands where there are presently existing structures, such as identified as number one and number two on the map attached hereto, nothing in this chapter shall restrict the present use thereof.

17.20.060 Historic Overlay or H Combining Zone.

The Historical Overlay or H Combining Zone is intended to be combined with any principal zone for the purpose of the preservation of historical features and character of a neighborhood or area of the City.

A. Designation of Landmark Sites and Historic Districts.

1. The City Council may by ordinance designate one or more areas containing a number of structures having special character or special historical, architectural, or aesthetic interest or value, and constituting distinct sections of the City, with the Historical Overlay Zone.

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2. The Criteria for Designating Historical Zones specified in subsection L of this section shall be used as a guide in the evaluation and designation process.

3. Each designating ordinance shall include a description of the characteristics of the historical area which justify its designation, and a list of any particular features that should be preserved, and shall specify the location and boundaries of the historical area.

4. The property designated shall be subject to the controls and standards contained in this section.

In addition, the property shall be subject to such further controls and standards as the Council finds necessary or desirable, including, but not limited to, façade, setback, and height controls.

5. The Council may amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations.

B. Initiation of Designation. Designation proceedings may be initiated by written application of the owner or owners of the property or by resolution of the Planning Commission or the City Council.

C. Procedure. Except as otherwise provided in this section, the proceedings for Historical Overlay or H Zone are the same as for any other zoning of land.

D. Exclusion from Zone on Showing of Hardship. If any affected property owner presents facts clearly demonstrating to the satisfaction of the Planning Commission or the City Council that inclusion of his or her property in an Historical Overlay or H Zone will work immediate and substantial hardship, the Planning Commission or the City Council may exclude the property from the Historical Overlay or H Zone.

E. Hearing by Planning Commission.

1. Hearings shall be conducted in conformance with the standards of Section 17.28.010.

2. The Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this title and the General Plan.

F. Designation by City Council. The City Council shall hold a public hearing as specified in Section 17.28.010(J) to determine the matter.

G. Notice of Designation by Council. When an Historical Overlay Zone has been designated by the Council, the City Clerk shall promptly notify the owners of the property included therein.

H. Design Review Approval. Design review approval as set forth in Section 17.16.120 shall be required for all properties subject to the Historical Overlay Zone. In evaluating applications, the Planning Commission shall consider the Standards for Review set forth in Section 17.16.120. None of the provisions of this title shall be used to prohibit the installation of solar heating and cooling devices on structures by the applicant; however, such equipment shall be subject to design review procedures.

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I. Showing of Hardship in Cases of Proposed Alterations or Construction. If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve his or her application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, and not created by an act of the owner, the Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships.

J. Good Repair. The City of Blue Lake encourages all persons in actual charge or possession of property in a designated Historical Overlay Zone to keep the resource in good repair. The City shall provide information to property owners to aid them in obtaining loans and grants for rehabilitation.

K. Appeals. Appeals from actions of the Planning Commission shall be governed by Section 17.28.050.

L. Criteria for Designating Historical Zones.

1. Historical and Cultural Significance.
a. Are the structures particularly representative of a distinct historical period, type, style, region, or way of life?
b. Are they an example of a type of structure which was once common and is now rare? c. Are the structures of greater age than most of their kind? d. Are the structures connected in any way with someone who was famous, important, or a local personality?
e. Are the structures connected with a business or use which was once common but is now rare?
f. Is the architect or builder famous or well recognized?

2. Architectural Significance.
a. Are construction materials used in an unusual, significant, or effective manner or style? b. Is the overall effect of the design of the structures beautiful, or are its details beautiful or unusual?
c. Is the style of the structures unusual for its area, for Blue Lake, for California, or is it unusual for any place?
d. Do the structures contain original materials or workmanship which can be valued in themselves?
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e. Is the method of construction employed or the floor plans used ones which are unusual, ingenious, or significant?
f. Are the structures especially well-preserved or could they be restored to their former condition?

3. Neighborhood Setting.
a. Are the structures particularly well-related to their sites or to existing buildings? b. Do they express function or method of construction well? c. Are the structures visible or accessible to the public? d. Is the present setting appropriate (trees, walls, yard, etc.)? e. Is the surrounding land use a significant factor in preservation of the structures?

17.20.070 Multi-Family or MF Zone
The Multi-Family or MF Combining Zone is intended to be combined with the Residential Multiple Family (R-3), Mixed-Use (MU), Opportunity (O), and Planned Development Residential (PD-R) zones for the purpose of facilitating multi-family housing for a variety of income levels.

A. Applicability. The following regulations shall apply in the R-3, MU, O, and PD-R zones, when combined with the MF Combining Zone in lieu of the requirements normally applicable.

B. Density. A minimum of 16 dwelling units per acre (1 unit per 2,723 square feet of lot area) and a maximum of 20 dwelling units per acre (1 unit per 2,178 square feet of lot area), except as may be modified by State Density Bonus Law.

C. Percentage of Residential Development. A minimum of 50 percent of the square footage in a mixed-use development shall be residential. A development shall not be precluded from providing 100 percent residential square footage due to the requirements of the principal zone.

D. No Discretionary Review Required. Residential development in the MF Combining Zone shall be principally permitted and shall not require Site Plan Approval by the Planning Commission when at least 20 percent of the units are affordable to lower-income households. Projects qualifying under this subsection shall be processed ministerially through a zoning clearance or equivalent nondiscretionary approval.

E. Objective Design Standards. New residential or mixed-use structures or additions/renovations to existing residential or mixed-use structures in the MF Combining Zone shall be subject to the objective design standards applicable to the principal zone.

Attachment 2
Existing and Proposed Zoning Maps
025-201-023
X
M
M
O
O O
O
O
O
O
O
O
O
O
O
O
X
O
M
X
O
X
USGS, USDA, The National Map: Orthoimagery. January 09, 2025.

Figure
P:\Eureka\2016\016107A-Blue-Lake\GIS\PLN_HEUIP_Fig1_ExistingZoning -- jsousa, 9/4/25 September 2025 - 016107.018 1
Existing Zoning
Blue Lake, California
Housing Element Update Implementation Program HI-14
City of Blue Lake
PHOTO SOURCE:

USDA NAIP, 2022 1" = 300'
0 300
N

EXPLANATION
ZONING

M - INDUSTRIAL

O - OPPORTUNITY

X - OPEN SPACE / RECREATION

PROPOSED REZONING SITE
025-201-023
X
M
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O
O O
O
O
O-MF
O
O
O
O
O
O
O
X
O
M
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USGS, USDA, The National Map: Orthoimagery. January 09, 2025.

Figure
P:\Eureka\2016\016107A-Blue-Lake\GIS\PLN_HEUIP_Fig2_ProposedZoning -- jsousa, 9/4/25 September 2025 - 016107.018 2
Proposed Zoning
Blue Lake, California
Housing Element Update Implementation Program HI-14
City of Blue Lake
PHOTO SOURCE:

USDA NAIP, 2022 1" = 300'
0 300
N

EXPLANATION
ZONING

M - INDUSTRIAL

O - OPPORTUNITY

X - OPEN SPACE / RECREATION
O-MF - OPPORTUNITY W/ MULTIFAMILY COMBINING ZONE

PROPOSED REZONING SITE
Attachment 3
CEQA Mitigation, Monitoring, and Reporting Program
CEQA Mitigation, Monitoring, and Reporting Program (MMRP) Blue Lake 2019-2027 Housing Element Update - Implementation Program HI-14 (Multi-Family or MF Combining Zone) Mitigation Measure Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification Compliance
Initials Date Remarks
Aesthetics
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Agriculture and Forestry Resources
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Air Quality
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Biological Resources
BIO-1: Pre-construction Special-status Plant Survey
• Prior to the commencement of ground disturbance and construction related activities, CDFW protocol-level botanical survey(s) shall be conducted within the blooming period(s) for the special-status plants with potential to occur on the rezoning site (including, but not limited to, Oregon goldthread, Pacific gilia, harlequin lotus, nodding semaphore grass, and maple-leaved checkerbloom).
• If any special-status plant species are observed within the rezoning site, they are to be avoided if possible. If avoidance is not possible, a qualified botanist shall prepare a Salvage-Relocation Plan in consultation with CDFW.

The Plan must include annual monitoring requirements that address the duration of monitoring and the specific success criteria. It is anticipated that a potential relocation site would occur on City-owned property within the Powers Creek District. The Plan shall be prepared, reviewed by CDFW, and then implemented prior to the completion of construction related activities.

Permittee and
construction contractor
responsibility prior to
construction activities
Permittee and
construction contractor
responsibility prior to
construction activities
City of Blue Lake
Planning and CDFW Less Than Significant
BIO-2: Pre-construction Special-status Reptile and Amphibian Exclusion and Survey
Prior to the commencement of ground disturbance and construction related activities, exclusion fencing shall be installed between the development footprint and the Powers Creek riparian corridor. Fencing will be installed by construction personnel according to the following specifications:
• Use a silt fence material (smooth plastic, not mesh) at least 2 feet high, stapled or otherwise securely adhered to wooden stakes for installation in the ground.
• With a biological monitor present to watch for reptiles and amphibians and turtle nests in the ground, trench and bury the bottom of the fencing at least 4 to 6 inches deep and/or use all-fiber wattles to weigh down the bottom of the fencing, preventing any gaps.
• Tilt the fence slightly toward Powers Creek and leave the top of the fence slightly bent over toward Powers Creek.

Permittee and
construction contractor
responsibility prior to
construction activities
Permittee and
construction contractor
responsibility prior to
construction activities
City of Blue Lake
Planning, CDFW, and
USFWS
Less Than Significant
CEQA Mitigation, Monitoring, and Reporting Program (MMRP) Blue Lake 2019-2027 Housing Element Update - Implementation Program HI-14 (Multi-Family or MF Combining Zone) Mitigation Measure Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification Compliance
Initials Date Remarks
• Wrap the ends of the fence toward Powers Creek, disallowing reptile and amphibian access around the ends of the fencing and directing them back to Powers Creek.
• If construction fencing is used during development activities, place it inside the exclusion fence (between the exclusion fence and the work area). • Fencing materials acquisition and installation will be the responsibility of the contractor, with guidance from a qualified biologist. • Exclusion fencing will remain in place and be checked periodically (weekly at a minimum) for integrity until project construction is complete. • If silt fencing is used between the development footprint and Powers Creek riparian corridor for stormwater management during construction, this may also be used as the reptile and amphibian exclusion fence. If there will be any gaps in the silt fence used for stormwater management, separate reptile and amphibian exclusion fencing must be installed to close the gap but not secured to the silt fence.
• Prior to the commencement of ground disturbance and construction activities, a Worker Environmental Awareness Training Program shall be conducted for all construction personnel to review the description, biology, and conservation measures to follow in case special-status reptiles and amphibians move into the site during construction. This should include prohibiting pets on the work site.

After exclusion fencing is installed and immediately prior to vegetation removal, ground disturbance, and/or equipment mobilization onto the development site, a CDFW-approved biologist shall conduct a pre-construction visual survey for special-status reptiles and amphibians. If no special-status reptiles or amphibians are observed, no further surveys or monitoring will be required. If special-status reptiles or amphibians are observed within the development footprint, the biologist shall coordinate with CDFW staff regarding relocation outside of the development site.

BIO-3: Pre-Construction Nesting Bird Survey
• In compliance with the Federal Migratory Bird Treaty Act, vegetation removal and ground disturbance should occur outside the nesting bird season to avoid potential impacts to nesting birds. The typical nesting season in the project area is between March 15 to August 31 annually. • If vegetation removal and ground disturbance will commence during the nesting season, a qualified biologist shall conduct a nesting bird survey within seven calendar days prior to the commencement of construction related activities.
• If active nests (containing eggs or nestlings) are found, the biologist shall determine and assist the contractor in implementing an appropriate nodisturbance buffer around the nest(s). Once no-disturbance buffer(s) are in place, the biologist shall monitor the nest(s) on a weekly basis until they determine the nest(s) are no longer active.
• If construction activities cease for more than seven calendar days during the nesting season and further vegetation removal is to be done, an additional nesting bird survey shall be conducted by a qualified biologist prior to re-starting construction activities.

Permittee and
construction contractor
responsibility prior to
construction activities
and if construction
activities cease for more
than 7 days after the
commencement of
construction
Permittee and
construction contractor
responsibility prior to
construction activities
and if construction
activities cease for more
than 7 days after the
commencement of
construction
City of Blue Lake
Planning, CDFW, and
USFWS
Less Than Significant
CEQA Mitigation, Monitoring, and Reporting Program (MMRP) Blue Lake 2019-2027 Housing Element Update - Implementation Program HI-14 (Multi-Family or MF Combining Zone) Mitigation Measure Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification Compliance
Initials Date Remarks
Cultural Resources
CUL-1: Cultural Monitoring
Due to the density of known sites within the project area in the context of historically manipulated drainages, cultural monitoring shall be conducted by a professional archaeologist and tribal monitor during initial ground-disturbing activities as part of future development on the rezoning site. The professional archaeologist and tribal monitor shall be approved by the Blue Lake Rancheria, Bear River Band of the Rohnerville Rancheria, and Wiyot Tribe. The project proponent and contractor are responsible for coordinating with the approved professional archaeologist and tribal monitor including providing the construction schedule and notification of the commencement of initial ground-disturbing activities.

Permittee and
construction contractor
responsibility during
initial ground-disturbing
activities
Permittee and
construction contractor
responsibility during
initial ground-disturbing
activities
City of Blue Lake
Planning, Blue Lake
Rancheria, Wiyot
Tribe, and Bear River
Band of Rohnerville
Rancheria
Less Than Significant
Energy
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Geology and Soils
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Greenhouse Gas Emissions
The IS-MND does not identify significant effects or mitigation measures in this resource area.

Hazards and Hazardous Materials
HAZ-1: Pre-Construction Characterization of Site Soils
Due to legacy contamination above regulatory screening levels on a specific area of the proposed rezoning site, pre-construction characterization of site soils shall be conducted prior to the issuance of the building permit for future development to reduce potential impacts to future residents to a less than significant level. The pre-construction characterization shall comply with relevant regulations and occur in coordination with applicable regulatory agencies (e.g., DTSC, SWRCB, etc.) including submitting a sampling plan for review and approval. If the preconstruction characterization sampling indicates that contaminant levels are above residential screening levels, then remediation activities shall occur in compliance with relevant regulations and in coordination with applicable regulatory agencies including the submittal of a remediation plan for review and approval and the implementation of the approved remediation plan. Prior to the occupancy of the proposed buildings for any use (residential or mixed-use), clearances shall be received from the applicable regulatory agencies determining that the site is suitable for the proposed uses.

Permittee and
construction contractor
responsibility prior to
issuance of the building
permit and prior to
occupancy if contaminant
levels are determined to
be above residential
screening levels
Permittee and
construction contractor
responsibility prior to
issuance of the building
permit and prior to
occupancy if contaminant
levels are determined to
be above residential
screening levels
City of Blue Lake
Building, Planning,
and Engineering
Departments, DTSC,
and SWRCB
Less Than Significant
HAZ-2: Soil and Groundwater Management Plan
Due to past industrial use on the proposed rezoning site, a Soil and Groundwater Management Plan (SGMP) shall be developed and implemented during future Permittee and
construction contractor
responsibility throughout
construction activities
Permittee and
construction contractor
responsibility throughout
construction activities
City of Blue Lake
Building, Planning,
and Engineering
Less Than Significant
CEQA Mitigation, Monitoring, and Reporting Program (MMRP) Blue Lake 2019-2027 Housing Element Update - Implementation Program HI-14 (Multi-Family or MF Combining Zone) Mitigation Measure Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification Compliance
Initials Date Remarks
construction activity to reduce potential impacts to construction workers to a less than significant level. The SGMP should include a summary of planned development and earthwork, a summary of known and potential environmental conditions, and measures to address environmental impacts that may be encountered. The SGMP should also include provisions for health and safety, proper handling of soil, groundwater management measures, contingency measures, and construction best practices as they relate to potentially impacted soil and groundwater.

Departments, DTSC,
and SWRCB
Hydrology and Water Quality
HYD-1: Phase II MS4 Permit Compliance
Based on the size of the rezoning site (1-acre) and the allowable development potential (up to 20 residential units), compliance with the Phase II MS4 Permit requirements is required for the proposed project to reduce potential stormwater runoff impacts to a less than significant level. This requires that onsite stormwater management facilities be designed and constructed to be consistent with the Humboldt Low Impact Development Stormwater Manual (NCSC, 2021). Prior to issuance of the building permit for future development on the rezoning site, the project proponent shall submit a Stormwater Control Plan and Soil Report for review and approval by the City Engineer. The Plan shall demonstrate that the stormwater management facilities will have adequate capacity to percolate stormwater from the applicable design storm event. Prior to the occupancy of the proposed buildings for any use (residential or mixed-use), the project proponent shall receive verification from the City Engineer that the requirements of the Phase II MS4 Permit and Humboldt Low Impact Development Stormwater Manual have been met.

Permittee and
construction contractor
responsibility prior to
issuance of the building
permit and prior to
occupancy
Permittee and
construction contractor
responsibility prior to
issuance of the building
permit and prior to
occupancy
City of Blue Lake
Building, Planning,
and Engineering
Departments
Less Than Significant
Land Use and Planning
Implementation of Mitigation Measures BIO-1 to BIO-3, CUL-1, HAZ-1, HAZ-2, HYD-1, and UTL-1.

Per BIO-1 to BIO-3, CUL-1,
HAZ-1, HAZ-2, HYD-1, and
UTL-1
Per BIO-1 to BIO-3, CUL-1,
HAZ-1, HAZ-2, HYD-1, and
UTL-1
Per BIO-1 to BIO-3,
CUL-1, HAZ-1, HAZ-2,
HYD-1, and UTL-1
Less Than Significant
Mineral Resources
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Noise
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Population and Housing
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Public Services
The IS/MND does not identify significant effects or mitigation measures in this resource area.

CEQA Mitigation, Monitoring, and Reporting Program (MMRP) Blue Lake 2019-2027 Housing Element Update - Implementation Program HI-14 (Multi-Family or MF Combining Zone) Mitigation Measure Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification Compliance
Initials Date Remarks
Recreation
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Transportation
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Tribal Cultural Resources
Implementation of Mitigation Measure CUL-1. Per CUL-1 Per CUL-1 City of Blue Lake
Planning, Blue Lake
Rancheria, Wiyot
Tribe, and Bear River
Band of Rohnerville
Rancheria
Less Than Significant
Utilities and Service Systems
Implementation of Mitigation Measures BIO-1 to BIO-3, CUL-1, HAZ-1, HAZ-2, and HYD-1.

UTL-1: Wastewater System Development Impact Fees
The project proponent shall be responsible for paying an impact fee for their fair share contribution for the planned improvements to the City’s wastewater treatment plant (WWTP). The planned improvements will include electrical panel upgrades and the installation of two (2) 5 horsepower aerators, which are estimated to increase the capacity of the WWTP by one hundred eighty (180) residential equivalent units. The recommended calculation for determining a fair share contribution is provided below.

Total cost of WWTP improvements / Total number of additional REUs created = Fee for each REU of wastewater capacity needed for a project.

The project proponent shall pay the impact fee to the City prior to issuance of building permit(s).

Per BIO-1 to BIO-3, CUL-1,
HAZ-1, HAZ-2, and HYD-1
Permittee responsibility
prior to issuance of
building permit(s)
Per BIO-1 to BIO-3, CUL-1,
HAZ-1, HAZ-2, and HYD-1
Permittee responsibility
prior to issuance of the
building permit(s)
City of Blue Lake
Building, Planning,
and Engineering
Departments
Less Than Significant
Wildfire
The IS/MND does not identify significant effects or mitigation measures in this resource area.

Mandatory Findings of Significance
Implementation of Mitigation Measures BIO-1 to BIO-3, CUL-1, HAZ-1, HAZ-2, HYD-1, and UTL-1.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLUE LAKE ADOPTING AMENDMENTS TO TITLE 17, ZONING REGULATIONS OF THE BLUE LAKE MUNICIPAL CODE, BY ADDING SECTION 17.20.070, MULTI-FAMILY OR

MF COMBINING ZONE, AND AMENDING THE ZONING MAP TO APPLY THE MULTI-FAMILY COMBINING ZONE TO A 1-ACRE PORTION OF ASSESSOR’S PARCEL NUMBER 025-201-023 AND ADOPTING A MITIGATED NEGATIVE

DECLARATION
WHEREAS, on July 22, 2025, the City Council, by Resolution 1235, adopted the 6th Cycle Housing Element covering the planning period of 2019-2027 ("Housing Element"); and WHEREAS, the Housing Element includes programs to implement the goals and policies contained therein; and
WHEREAS, Housing Element Program HI-14 directs the City to amend the Blue Lake Municipal Code (BLMC) to adopt and apply a Multi-Family (MF) Combining Zone to sites in the Residential Multiple-Family (R-3), Mixed-Use (MU), Opportunity (O), and Planned Development Residential (PDR) zones to allow multi-family uses by-right at a density of 16 units per acre; and WHEREAS, the rezoning site (a 1-acre portion of APN 025-201-023) meets the minimum site size required under Government Code §65583.2(h)–(i) for implementation of by-right multifamily zoning addressing the City’s unaccommodated 5th-cycle RHNA; and WHEREAS, the intent and purpose of this Ordinance is to adopt certain amendments to Title 17 to fully implement Housing Element Program HI-14 (Rezoning and By Right Procedures); and
WHEREAS, pursuant to Urgency Ordinance No. 548-2025, the City Council is authorized to serve in the capacity of and approve actions required by the Planning Commission when a quorum of the Planning Commission cannot be obtained due to, among other reasons, vacancies in the Commission; and
WHEREAS, the Planning Commission currently has three vacancies in the five-member body, preventing the Planning Commission from taking action due to lack of a quorum and, accordingly, authorizing the City Council to adopt the proposed revisions to Title 17 without referring the matter to the Planning Commission; and
WHEREAS, on November 6, 2025, the City caused to be published in the manner required by law notice of a Public Hearing to be held on December 2, 2025, for the consideration of this Ordinance; and
WHEREAS, a draft Initial Study-Mitigated Negative Declaration (IS-MND) has been prepared with respect to said project pursuant to the California Environmental Quality Act (CEQA), and all notices have been given with respect to said IS-MND (SCH# 2025091327); and
WHEREAS, the Blue Lake City Council held a duly noticed public hearing on December 2, 2025, to consider the Amendments and the recommended CEQA determination; and WHEREAS, at said public hearing, due consideration was given to the proposed IS-MND and Mitigation, Monitoring, and Reporting Program, the environmental effect of the project, and any changes connected therewith. The City Council reviewed and considered the whole record before it and found that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment; and
WHEREAS, at said public hearing, due consideration was given to all oral and written comments regarding the project, and the City Council concluded that the draft IS-MND should be approved, and Title 17 (Zoning) of the Blue Lake Municipal Code should be amended as hereinafter set forth; and
WHEREAS, the City Council finds that this Ordinance is consistent with the General Plan, including the 2019–2027 Housing Element, and is necessary to implement Program HI-14 and satisfy the requirements of Government Code §§65583.2(h) and (i); and WHEREAS, the City Council finds that this Ordinance promotes compliance with the Housing Accountability Act (Government Code §65589.5) by ensuring that qualifying multifamily housing projects are processed ministerially and subject only to objective standards; and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLUE LAKE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above and foregoing recitals are each incorporated by reference and adopted as findings by the City Council of the City of Blue Lake.

SECTION 2. CEQA. Based on the Record as described above and all matters deemed material and relevant prior to adopting this ordinance, the City Council finds on the basis of the IS-MND and any comments received by the City Council that there is not substantial evidence that the project will have a significant effect on the environment as mitigated and hereby adopts the Initial Study–Mitigated Negative Declaration (SCH# 2025091327) and the Mitigation, Monitoring, and Reporting Program (MMRP) included as Attachment 3 to the Staff Report. Mitigation measures adopted through the IS-MND shall be implemented at the time of future development on the rezoning site and are not required at the rezoning stage.

The City Clerk is hereby directed to file a Notice of Determination with the Humboldt County Clerk-Recorder within five working days of adoption of this ordinance.

SECTION 3. Municipal Code Amendments. Section 17.20.070, Multi-Family (MF) Combining Zone, is hereby added to Chapter 17.20 (Regulations for the Combining Zones and for Open Space Lands) of Title 17 (Zoning) in the form and substance set forth in “Exhibit A” attached hereto and incorporated by reference.

SECTION 4. Zoning Map. The Blue Lake Zoning Map, as described and adopted pursuant to Section 17.12.050 (Zoning Map) of Chapter 17.12 of Title 17 is hereby amended and restated as set forth in “Exhibit B” hereto and incorporated here in by this reference.

SECTION 5. Effective Date. The effective date of this ordinance is thirty (30) days after adoption by the City Council of the City of Blue Lake.

SECTION 6. Severability. If any provision of this ordinance is determined to be invalid, such invalidity does not affect the remaining provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council of the City of Blue Lake declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Limited Repeal. Any provision of the Blue Lake Municipal Code or appendices to it that are inconsistent with the requirements of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance.

FIRST READING CONDUCTED at a special meeting of the City Council on this 2nd day of December, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

John Sawatzky, Mayor
ATTEST:
______________________________
Jill Duffy, City Clerk

EXHIBIT A

A. Applicability. The following regulations shall apply in the R-3, MU, O, and PD-R zones, when combined with the MF Combining Zone in lieu of the requirements normally applicable.

C. Percentage of Residential Development. A minimum of 50 percent of the square footage in a mixeduse development shall be residential. A development shall not be precluded from providing 100 percent residential square footage due to the requirements of the principal zone.

EXHIBIT B
[FOLLOWS THIS PAGE]
025-201-023
X
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O
O O
O
O
O
O
O
O
O
O
O
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USGS, USDA, The National Map: Orthoimagery. January 09, 2025.

USDA NAIP, 2022 1" = 300'
0 300
N

EXPLANATION
ZONING

M - INDUSTRIAL

O - OPPORTUNITY

X - OPEN SPACE / RECREATION

PROPOSED REZONING SITE
EXHIBIT "B"
to Ordinance 546-2025
025-201-023
X
M
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O
O O
O
O
O-MF
O
O
O
O
O
O
O
X
O
M
X
O
O
X
USGS, USDA, The National Map: Orthoimagery. January 09, 2025.

USDA NAIP, 2022 1" = 300'
0 300
N

EXPLANATION
ZONING

M - INDUSTRIAL

O - OPPORTUNITY

X - OPEN SPACE / RECREATION
O-MF - OPPORTUNITY W/ MULTIFAMILY COMBINING ZONE

PROPOSED REZONING SITE
EXHIBIT "B"
to Ordinance 546-2025
Agenda Item: 7
Submitted By: Jill K Duffy, Interim City Manager
Agenda Item: 7
Date: November 23, 2025 For meeting of: December 2, 2025 Subject: First Reading of Ordinance No. 549, Amending Chapter 13.12 of Title 13 of the Blue Lake Municipal Code Regulating Cross-Connections; And Consent to Read by Title Only
Recommended Action: That the City Council:

1. Receive report from staff

2. Receive public comment

3. Council discussion and deliberation

4. Move to introduce and conduct first reading by title only of Ordinance 549 amending Chapter 13.12 of the City of Blue Lake’s Municipal Code.

DISCUSSION:

An unnumbered Ordinance was unanimously introduced for the first reading by title only by the City Council at the Special Meeting of June 10, 2025. The draft Ordinance proposed to amend Chapter 13.12 of the City’s Municipal Code, which establishes regulations to prevent the contamination of drinking water by ensuring that potentially harmful substances can not flow backward into the public water supply.

Due to suggested changes to the Ordinance, including assignment of number, by the City Attorney, the City Attorney is recommending that the Council conduct a further first reading at the Special meeting on December 2, 2025, with a second reading and adoption to occur at the Regular meeting on December 23, 2025. The changes relate to the form of the Ordinance, not the substance of the regulations previously reviewed and approved by the City Council.

FISCAL IMPACT: None with this action. However, it is important to note that staff time may be required to monitor compliance and enforce the Ordinance over the long term.

ATTACHMENTS:

1. Ordinance XXX “
Review Information:

City Manager Review: ☒ Legal Review: ☐ Planner Review: ☐ Engineer: ☐ Comments:

City of Blue Lake
Staff Report
City of Blue Lake, CA
§ 13.12.030 § 13.12.030
ORDINANCE NO. 549

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLUE LAKE AMENDING CHAPTER 13.12 OF TITLE 13 OF THE BLUE LAKE MUNICIPAL CODE REGULATING CROSSCONNECTIONS THE CITY COUNCIL OF THE CITY OF BLUE LAKE DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council hereby finds as follows:

A. The City operates a public water system and is responsible for ensuring the protection of the potable water supply from contamination and pollution caused by cross-connections and backflow events.

B. California Health and Safety Code (“CHSC”) §116805 and the State Water Resources Control Board’s Cross-Connection Control Policy Handbook (“CCCPH”) require public water systems to adopt and implement an enforceable cross-connection control program.

C. The City previously adopted Chapter 13.12 establishing its Cross-Connection Control Ordinance; however, updated state regulations and revisions to the CCCPH necessitate replacement of that ordinance.

D. The City has prepared certain amendment to Chapter 13.12 to establishes standards and procedures for cross-connection control consistent with the CCCPH.

E. Adoption of this Ordinance are necessary to ensure protection of the City’s potable water system and compliance with state law.

F. On June 10, 2025, the City Council introduced and conducted a first reading, by title only, of this substance of the regulations contained in Exhibit A attached hereto; although approved unanimously then, the City Attorney has suggested changes that requires a further introduction.

SECTION 2. CEQA.

A. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to:

1. CEQA Guidelines §15301 (Existing Facilities), because the Ordinance establishes administrative, testing, and regulatory procedures related to continued operation of existing water system facilities with no expansion of capacity or new construction.

2. CEQA Guidelines §15307 and §15308 (Actions by Regulatory Agencies for Protection of Natural Resources and the Environment), because the Ordinance strengthens pollution-prevention and potable water protection standards.

3. CEQA Guidelines §15061(b)(3) (Common Sense Exemption), because it can be seen with certainty that there is no possibility that adoption of the Ordinance may have a significant effect on the environment.

B. The City Manager is directed to file a Notice of Exemption in accordance with CEQA and the CEQA Guidelines.

City of Blue Lake, CA
§ 13.12.030 § 13.12.030
SECTION 3. ADOPTION OF CROSS-CONNECTION CONTROL PLAN.

The City Council hereby amends Chapter 13.12 as set forth in Exhibit A hereto and incorporated herein by this reference.

SECTION 4. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is held invalid, the remaining portions shall remain in full force and effect. The City Council declares that it would have adopted this Ordinance and each section thereof irrespective of any invalidity.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect 30 days following its adoption.

INTRODUCED ON FIRST READING at a meeting of the City Council of the City of Blue Lake on the 2nd day of December, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
John Sawatzky, Mayor
Attest:
_____________________
Jill Duffy, City Clerk
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Blue Lake on the 23rd day of December, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
John Sawatzky, Mayor
Attest:
_____________________
Jill Duffy, City Clerk
City of Blue Lake, CA
§ 13.12.030 § 13.12.030

EXHIBIT A
CHAPTER 13.12

CROSS-CONNECTION CONTROL
(Note: all additions are shown in underlined text with all deletions shown in strike-through text.) § 13.12.010. Purpose.

A. The purpose of this chapter is:

1. To protect the public water supply against actual or potential contamination through cross-connections by isolating sources of contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross-connection on the premises;

2. To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

3. To eliminate cross-connection between drinking water systems and sources of contamination;

4. To prevent the making of cross-connections in the future.

B. These regulations are adopted pursuant to the State of California Administrative Code, Title 17 Public Health, entitled "Regulation Related to Cross-Connections." These regulations are amended pursuant to the State of California Health and Safety Code sections 116407 and 116555.5 and the adoption of the State Water Resources Control Board’s Cross-Connection Control Policy Handbook.

C. It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply or to maintain a sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the City and/ or the service of water pipes fixtures of any consumer of the City. § 13.12.020. Definitions.
"Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertical above the top rim of the vessel, in no case less than one inch.
"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California State Water Resources Control Board. "Approved water supply" means any water supply whose potability is regulated by a State or local health agency.
"Auxiliary supply" means any water supply on or available to the premises other than approved water supply.

City of Blue Lake, CA
§ 13.12.030 § 13.12.030
"AWWA standard" means an official standard developed and approved by the American Water Works Association (AWWA).
"Backflow" means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any sources or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause. "Contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.
"Cross-connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assembly through which backflow could occur, shall be considered to be cross-connections.
"Double check valve assembly" means an assembly of two internally loaded, independent acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the water tightness of each check valve.
"Health agency" means the California Department of Health Services, State Water Resources Control Board or the local health agency with respect to a small water system. "Local health agency" means the County or City health authority. "Person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
"Premises" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.
"Public water system" means a system for the provision of piped water to the public for human consumption that has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year.
"Reclaimed water" means a wastewater which, as a result of treatment, is suitable for uses other than potable use.
"Reduced pressure principle backflow prevention assembly" means an assembly incorporating two internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two checks, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary test cocks for testing the assembly. "Service connection" refers to the point of connection of a user's piping to the water supplier's facilities.
"Water supplier" means the person who owns or operates the approved water supply system. "Water user" means any person obtaining water from an approved water supply system. § 13.12.030. Cross-Connection Protection Requirements.

A. General Provisions.

1. Unprotected cross-connections with the public water supply are prohibited.

City of Blue Lake, CA
§ 13.12.030 § 13.12.030

2. Whenever backflow protection has been found necessary, the City will require the water user to install an approved backflow prevention assembly by and at his or her expense for continued services or before a new service will be granted.

3. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention assembly. The type of assembly to be installed will be in accordance with the requirements of this chapter.

B. Where Protection Is Required.

1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the City, and is approved by the public health agency having jurisdiction.

2. Each service connection from the City water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.

3. Backflow prevention assemblies shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the City; or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

C. Type of Protection Required.

1. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective assembly that may be required (listing in an increasing level of protection) includes double check valve assembly (DC), reduced pressure principle backflow prevention assembly (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the City. The minimum types of backflow protection required to protect the approved water supply, at the user's water connection to premises with varying degrees of hazard are given in Table 1.

Situations which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the City or health agency.

City of Blue Lake, CA
§ 13.12.030 § 13.12.030
Table 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard
Minimum Type of
Backflow Prevention

SEWER AND HAZARDOUS SUBSTANCES
1 Premises where the public water system is used to supplement the reclaimed water supply.

RP
2 Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the City.

RP
3 Premises where reclaimed water is used and there is no interconnection with the potable system. An RP may be provided in lieu of an AG if approved by the health agency and the City.

RP
4 Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a singlefamily residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the City.

RP
5 Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

AUXILIARY WATER SUPPLIES
1 Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP or CD may be provided in lieu of an AG if approved by the health agency and the City.

RP
2 Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the health agency and the City.

FIRE PROTECTION SYSTEMS
1 Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

DC
2 Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. An RP may be provided in lieu of an AG if approved by the health agency and the City.

RP
3 Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used.

DOCKSIDE WATERING POINTS AND MARINE FACILITIES
1 Pier hydrants for supplying water to vessels for any purpose. RP 2 Premises where there are marine facilities. RP

MISCELLANEOUS
1 Premises where entry is restricted so that inspection for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

RP
City of Blue Lake, CA
§ 13.12.030 § 13.12.040
Downloaded from https://ecode360.com/BL4905 on 2025-06-06 Degree of Hazard
Table 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum Type of
Backflow Prevention
2 Premises where there is a repeated history of cross-connections being RP established or reestablished.

2. Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow assemblies at such service connections shall be required.
§ 13.12.040. Backflow Prevention Assemblies.

A. Approved Backflow Prevention Assemblies.

1. Only backflow prevention assemblies which have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system.

2. The City will provide, upon request, to any affected customer a list of approved backflow prevention assemblies.

B. Backflow Prevention Assembly Installation.

1. Backflow prevention assemblies shall be installed in a manner prescribed in Section 7603; Title 22 of the California Administrative Code. Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention assembly. a. Air-Gap Separation (AG). The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.
b. Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved reduced pressure principle backflow prevention assembly shall be installed on the user's side of and as close to the service connection as is practical. The assembly shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the assembly and with a minimum of 12 inches side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP assembly shall be protected in a manner approved by the City.

City of Blue Lake, CA
§ 13.12.040 § 13.12.040
Downloaded from https://ecode360.com/BL4905 on 2025-06-06 c. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the assembly, so that the top of the assembly is no more than a maximum of eight inches below grade, so there is a minimum of 24 inches of clearance between the side of the assembly with the test cocks and the side of the vault, and so there is a minimum of 12 inches clearance between the other side of the assembly and the side of the vault. Special consideration must be given to double check valve assemblies of the "Y" type. These assemblies must be installed on their "side" with the tests cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.

C. Backflow Prevention Assembly Testing and Maintenance.

1. The owners of any premises on which, or on account of which, backflow prevention assemblies are installed, shall have the assemblies tested by a person who has demonstrated competency in testing of these assemblies to the City. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. The City may require a more frequent testing schedule if it is determined necessary. No assembly shall be placed back in service unless it is functioning as required. A report in a form acceptable to the City shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

2. The City will supply affected water users with a list of persons acceptable to the City to test backflow prevention assemblies. The City will notify affected customers by mail when annual testing of an assembly is needed.

3. Upon request the City will test a water user's backflow prevention assembly to fulfill the requirements of this chapter. The water user will be charged on the next regular water bill. Minimum charge will be $100.00 per inspection.

D. Backflow Prevention Assembly Removal.

1. Approval must be obtained from the City before a backflow prevention assembly is removed, relocated or replaced.
a. Removal. The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future; b. Relocation. An assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the City of Blue Lake, CA
§ 13.12.070 § 13.12.080
assembly;
c. Repair. An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest will be required following the repair of the assembly; and d. Replacement. An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed. All replacement assemblies must be approved by the City and must be commensurate with the degree of hazard involved.
§ 13.12.050. User Supervisor.

At each premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention assemblies and for avoidance of cross connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. § 13.12.060. Administrative Procedures.

A. Water System Survey.

1. Starting July 1, 2025, every ten years for residential connections and five years for commercial connections, the City shall send backflow questionnaires for cross-control prevention, to be completed by the water user and returned to the City within thirty days.

2. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention assembly is necessary to protect the public water system, the required assembly must be installed before service will be granted.

3. The City may require an on-premises inspection to evaluate cross-connection hazards.

The City will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of the user's piping system shall be required to install the backflow prevention assembly the City considers necessary.

4. The City may, at its discretion, require a reinspection for cross-connection hazards of any premises to which it serves water. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an on-premises inspection of the user's piping system shall be required to install the backflow prevention assembly the City considers necessary.

B. Customer Notification—Assembly Installation.

1. The City will notify the water user of the survey findings, listing the corrective actions City of Blue Lake, CA
§ 13.12.070 § 13.12.080
to be taken if any are required. A period of 180 days will be given to complete all corrective actions required, including installation of backflow prevention assemblies. If the survey findings require a change in backflow prevention assembly types to meet state regulations, the water user will have two years to complete the change unless their current backflow prevention device fails, at which point the regular corrective action period applies.

2. A second notice will be sent to each water user who does not take the required corrective actions prescribed in the first notice within the 60-day period allowed. The second notice will give the water user a thirty day period to take the required corrective action. If no action is taken within the thirty day period, the City may terminate water service to the affected water user until the required corrective actions are taken.

C. Customer Notification—Testing and Maintenance.

1. The City will notify each affected water user when it is time for the backflow prevention assembly installed on their service connection to be tested. This written notice shall give the water user 30 days to have the assembly tested and supply the water user with the necessary form to be completed and resubmitted to the City or have the City perform the testing at the water user’s expense

2. A second notice shall be sent to each water user which does not have his or her backflow prevention assembly tested as prescribed in the first notice within the 30-day period allowed. The second notice will give the water user a two-week period to have the backflow prevention assembly tested. If no action is taken within the two-week period the City may terminate water service to the affected water user until the subject assembly is tested.
§ 13.12.070. Water Service Termination.

A. General. When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service.

B. Basis for Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

1. Refusal to install a required backflow prevention assembly;

2. Refusal to test a backflow prevention assembly;

3. Refusal to repair a faulty backflow prevention assembly;

4. Refusal to replace a faulty backflow prevention assembly;

5. Direct or indirect connection between the public water system and a sewer line;

6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;

7. Unprotected direct or indirect connection between the public water system and an auxiliary water system;

8. A situation which presents an immediate health hazard to the public water system.

City of Blue Lake, CA
§ 13.12.070 § 13.12.080
C. Water Service Termination Procedures.

1. For conditions 1, 2, 3, or 4 of subsection B of this section, the City will terminate service to a customer's premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

2. For conditions 5, 6, 7, or 8 of subsection B of this section, the City will take the following steps:
a. Make reasonable effort to advise water user of intent to terminate water service; b. Terminate water supply and lock service valve. The water service will remain inactive until correction of the violation(s) has been approved by the City. § 13.12.080. Requirements for Certification as a Backflow Prevention Device Tester and Application Fee.

A. Each applicant for certification as a tester of backflow prevention assemblies shall file an approved application with the City Clerk, together with a fee of $15.00 per application.

B. Competency in all phases of backflow prevention assembly testing and repair must be demonstrated by means of education and/or experience in order to obtain certification.

C. The following are minimum requirements:

1. Applicants shall have had at least two years experience in plumbing or pipe fitting or equivalent qualifications.

2. Applicants shall hold a valid certification from the American Water Works Association (A.W.W.A.) California-Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the State Water Resources Control Board.

3. Each applicant for certification as a tester of backflow prevention assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such assemblies. He or she shall be responsible for the competency and accuracy of all tests and reports prepared by him or her.

D. The certificate issued to any tester is valid for a period of one year and may be revoked, suspended, or not renewed by the City for improper testing, repairs, and/or reporting.

Agenda Item: 8
Submitted By: Jill K Duffy, Interim City Manager
Agenda Item: 8
Date: November 24, 2025 For meeting of: December 2 2025 Subject: Discuss and approve Resolution No. 1244, Authorizing the City Manager to execute a Memorandum of Understanding with CA Housing Community Development relating to the completion of the Housing Element (Sixth Cycle)
Recommended Action: That the City Council:

1. Receive Report from General Counsel Ryan Plotz; and

2. Consider Adoption of Resolution No. 1244 “Authorizing the City Manager to Execute the Memorandum of Understanding with the California Department of Housing and Community Development”; and

3. Provide direction as appropriate.

DISCUSSION:

Purpose of the Agreement
The purpose of the Agreement between the City of Blue Lake and the California Department of Housing and Community Development (HCD) is to establish a mutually accepted timeline and framework that will allow the City to come into compliance with State Housing Element Law for both the Sixth and Seventh planning cycles. Entering into this Agreement avoids referral to the Attorney General and the imposition of statutory fines or penalties for the City’s longstanding noncompliance. The Agreement serves as a structured path for the City to complete the rezoning and other actions necessary for HCD to determine that the Housing Element is in substantial compliance with state law.

The agreement was negotiated with assistance from outside counsel, Alex Brand of Best, Best and Krieger LLP. Alex is a litigator and a member of BBK’s Municipal Law practice group and the firm’s Housing Law group. Alex has negotiated several similar agreements with HCD.

As of the date of this staff report, we await comments from HCD on the latest round of revisions prepared by Alex and submitted to HCD. The latest draft is included with this staff report.

Resolution No. 1244 authorizes the City Manager to execute the MOU with HCD in the form and substance contained in this staff report, while reserving to the City Manager the right to approve nonmaterial revisions with the concurrence of the City Attorney as may be requested by HCD.

City of Blue Lake
Staff Report
Agenda Item: 8
Submitted By: Jill K Duffy, Interim City Manager
Background
The City has been out of compliance with Housing Element Law since 2009, having never adopted a compliant Fifth Cycle Housing Element and experiencing repeated delays in completing the Sixth Cycle update. Between 2020 and 2025, HCD issued multiple notices, letters, and technical review comments reminding the City of its obligations and identifying necessary changes to the draft Housing Element.

Although the City has submitted several drafts over time—and adopted an updated Sixth Cycle Housing Element in July 2025—HCD has made clear that the element cannot be certified until the City completes the required rezoning identified in Program HI-14. In June 2025, HCD issued a formal Notice of Violation and rejected the City’s earlier proposed timeline. In response, the City revised its schedule and agreed to the accelerated timeline reflected in this Agreement.

City Commitments
Under the Agreement, the City must complete several key actions related to both the Sixth and Seventh Cycle Housing Elements. For the Sixth Cycle, the City agrees to complete and adopt all Zoning Code and Zoning Map amendments necessary to implement Program HI-14 no later than December 31, 2025. This requires the Council to complete the first reading of Ordinance No. 546 at the special meeting on December 2, 2025, and the second reading on December 23, 2025. These amendments must establish adequate zoning and density for housing sites to meet the City’s remaining obligations and must be submitted to HCD for review.

For the Seventh Cycle, the City commits to a defined schedule for preparing, reviewing, and adopting a compliant Housing Element. This includes securing a consultant by March 31, 2026, releasing a public draft by early August 2026, holding a public hearing later that month, and submitting the draft to HCD by mid-September. HCD will then issue findings by December 2026, after which the City may be required to produce a revised draft. The City must adopt a fully compliant Seventh Cycle Housing Element by June 30, 2027, after which HCD will conduct its final certification review.

HCD Commitments
In return for the City’s agreement to comply with the required actions and timelines, HCD agrees to provide timely review and technical assistance. HCD will complete its review of the City’s rezoning amendments within 45 days of receiving them and will continue to offer staff-level guidance as capacity allows. Most importantly, HCD agrees not to pursue enforcement litigation or statutory penalties against the City for its noncompliance with Housing Element Law, provided the City adheres to the obligations outlined in the Agreement.

Agenda Item: 8
Submitted By: Jill K Duffy, Interim City Manager
Enforcement and Remedies
If the City fails to meet any of the deadlines or obligations in the Agreement, HCD will issue a notice of violation. The City will have 30 days to cure the issue. If it does not cure the violation to HCD’s satisfaction, HCD may seek a court order in Humboldt County Superior Court compelling the City to comply with the Agreement. While the Agreement limits HCD’s remedies for the Sixth Cycle to this specific enforcement mechanism, HCD retains its full statutory authority for any future noncompliance with the Seventh Cycle Housing Element.

Conclusion
The Agreement provides the City with a clear, enforceable path to resolving longstanding deficiencies in its Housing Element compliance and helps preserve the City’s eligibility for state housing programs. It represents a cooperative approach to bringing the City into alignment with state housing requirements while avoiding potential litigation and penalties. Council consideration and approval of the Agreement will allow the City to move forward with the necessary zoning actions and begin preparation for the Seventh Cycle Housing Element in accordance with state law.

FISCAL IMPACT:

At this time, the fiscal impact is undetermined. This agenda item establishes a placeholder for an MOU under negotiation. After final terms are confirmed, staff will provide with a cost assessment for the remaining months of the fiscal year and estimated projected costs associated with implementation.

Review Information:

City Manager Review: ☒ Legal Review: ☒ Planner Review: ☐ Engineer: ☐ Comments:

RESOLUTION NO. 1244

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLUE LAKE

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT (HCD) AND THE CITY OF BLUE LAKE REGARDING THE CITY’S SIXTH AND SEVENTH CYCLE HOUSING ELEMENT COMPLIANCE WHEREAS, California Government Code Section 65583 et seq. requires every jurisdiction in California to adopt a Housing Element as part of its General Plan; and WHEREAS, the Housing Element must be updated every eight (8) years to identify adequate sites and strategies to accommodate a jurisdiction’s assigned share of the Regional Housing Needs Allocation (RHNA) within the context of adopted land use and zoning regulations; and
WHEREAS, the California Department of Housing and Community Development (“HCD”) is responsible for reviewing local Housing Elements for compliance with State Housing Element Law and enforcing corrective actions when jurisdictions are out of compliance; and
WHEREAS, by letter dated January 24, 2020, HCD reminded the City of Blue Lake (“City”) that it was required to revise its Sixth Cycle Housing Element pursuant to Government Code Section 65588 by August 31, 2019, and notified the City that it had been out of compliance with Housing Element Law since August 31, 2009; and WHEREAS, on December 8, 2020, the City entered into a Standard Agreement with HCD for Local Early Action Planning (LEAP) grant funding to assist with preparation of an updated Housing Element for the Sixth Cycle; and
WHEREAS, HCD continued to correspond with the City in 2021 and 2022 regarding the need to achieve Housing Element compliance, including by letters dated November 23, 2021, and April 27, 2022; and
WHEREAS, on May 31, 2022, the City submitted its first draft Sixth Cycle Housing Element to HCD, and on August 29, 2022, HCD provided written comments identifying necessary revisions to achieve compliance; and
WHEREAS, on October 18, 2022, the City received Regional Early Action Planning (REAP) grant funding to prepare a CEQA Initial Study to support adoption of its Sixth Cycle Housing Element; and
WHEREAS, following continued coordination, the City submitted revised drafts to HCD on April 28, 2023, and August 28, 2023; and
WHEREAS, on September 23, 2023, HCD informed the City that its Housing Element met statutory requirements; however, consistent with Government Code Section 65588(e)(4), it could not be deemed in substantial compliance until the City completed required rezoning under Program HI-14; and
WHEREAS, on January 28, 2025, the City submitted a draft combining zone to implement Program HI-14, and on February 6, 2025, HCD provided feedback and recommended revisions to ensure compliance with State Housing Law; and WHEREAS, following additional correspondence on April 30 and May 28, 2025, regarding the timeline for completing rezones and achieving compliance, HCD issued a Notice of Violation on June 27, 2025, and rejected the City’s proposed completion date of February 2026; and
WHEREAS, on June 30, 2025, the City provided an updated and accelerated compliance timeline proposing to complete all required actions by December 15, 2025; and WHEREAS, on July 22, 2025, the City Council adopted the Sixth Cycle Housing Element Update after a duly noticed public hearing, and on July 30, 2025, submitted the adopted Element and associated Sites Inventory to HCD; and
WHEREAS, on August 21, 2025, HCD advised the City that substantial compliance would not be recognized until completion of rezoning actions necessary to meet both Fifth and Sixth Cycle RHNA obligations and implementation of Programs HI-1 through HI-23; and WHEREAS, to avoid referral to the Office of the Attorney General and in exchange for HCD’s forbearance from pursuing penalties or litigation for past noncompliance, the City and HCD have negotiated a Memorandum of Understanding (MOU) setting forth specific timelines, obligations, and remedies for achieving full compliance with Housing Element Law; and
WHEREAS, the City Council finds that execution of the MOU is in the best interests of the City and its residents, as it provides a clear and enforceable path to compliance, protects the City’s eligibility for State funding, and avoids potential enforcement actions and financial penalties.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE LAKE AS FOLLOWS:

1. Approval of MOU. The City Council hereby approves the Memorandum of Understanding between the California Department of Housing and Community Development (HCD) and the City of Blue Lake regarding the City’s Sixth and Seventh Cycle Housing Element compliance.

2. Authorization to Execute. The City Manager is hereby authorized and directed to execute the MOU on behalf of the City, in substantially the form presented to the City Council, with such minor, non-material revisions as may be approved by the City Attorney.

3. Implementation. City staff are directed to take all actions necessary to carry out the terms of the MOU, including timely adoption of zoning amendments, completion of rezoning actions, and submission of all required documentation to HCD in accordance with the timelines established in the MOU.

4. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Blue Lake on this 2nd day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
John Sawatzky, Mayor
ATTEST:
_________________________
Jill Duffy, City Clerk

Blue Lake City CouncilNovember 23, 2025

Blue Lake City Council
November 23, 2025