CITY OF DUNSMUIR
CITY COUNCIL
Thursday, May 7th, 2026 - 6:00 p.m.
MEETING AGENDA
REGULAR SESSION
CLOSED SESSION IMMEDIATELY AFTER
Join Zoom Meeting: https://us02web.zoom.us/j/84424135442 Council Chambers
5902 Dunsmuir Ave
Notice to Public
The City of Dunsmuir is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, real-time captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (530) 235-4822.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number:
(530) 235-4822.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda.
Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe and participate in the meeting remotely via Zoom using the following Webinar ID:
844 2413 5442, or by calling +1 669-900-6833. Go to Reactions tab to “Raise your Hand” during the public comment period.
A. CALL TO ORDER
B. ROLL CALL
C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS – Celebrate City Winning Best Tasting Water at the Cal Rural Water Association Annual Expo
D. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please use the “raise your 1 hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the Mayor.
E. COUNCIL AND STAFF COMMENTS
F. COMMITTEE REPORTS
G. APPROVAL OF MINUTES of Amended from April 2nd, 2026 and April 16th H. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action: To approve the consent calendar.
1. Approval of Check Report 4/11-5/1
2. Claim Form for City to Receive Funds from Local Transportation Fund LTC
3. Adopt Environmental Addendum for the WWTP Improvement Project via Resolution 2026-10 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR ADOPTING AN ADDENDUM TO THE
PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE DUNSMUIR WASTEWATER
TREATMENT PLANT (WWTP) IMPROVEMENT PROJECT
4. Move Money from Banner Bank to Mechanics Bank
I. PUBLIC HEARINGS – Recommended Action: For each item below: Open Public Hearing, Receive Report and Public comment, Close Public hearing, and Introduce the Ordinance for First Reading by Title Only.
1. First Reading of Ordinance 583 OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR AMENDING DUNSMUIR MUNICIPAL CODE CHAPTER 17.08 (DEFINITIONS) AND 17.108 (USES PERMITTED) TO
ALLOW COMMERCIAL CANNABIS LOUNGES WITHIN CANNABIS DISPENSARIES SUBJECT TO FIRST
OBTAINING A CONDITIONAL USE PERMIT FROM THE CITY
2. First Reading of Ordinance 584 OF THE CITY OF DUNSMUIR REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5.05 OF TITLE 5 OF THE DUNSMUIR MUNICIPAL CODE RELATING TO REGULATION
OF COMMERCIAL CANNABIS ACTIVITIES
3. First Reading of Ordinance 585 OF THE CITY OF DUNSMUIR AMENDING TITLE 17 OF THE DUNSMUIR MUNICIPAL CODE SECTIONS 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, AND 17.64 RELATED TO
ALLOWING SHORT-TERM RENTALS AS PERMITTED USES IN ALL DISTRICTS THAT ALLOW RESIDENTIAL USES; AND AMENDING SECTION 17.100.060 TO REDUCE PARKING REQUIREMENTS FOR SHORT-TERM RENTALS IN THE TOWN CENTER (T-C) AND MIXED USE 3 (MU-3) ZONING DISTRICTS J. OLD BUSINESS - None
K. NEW BUSINESS:
1. Review of Applications for Dunsmuir Recreation and Parks District One (1) Board Vacancy for Term Ending June of 2028
Recommended Action: Appoint 1 person to fill Vacancy on Recreation and Park Board with Term ending June of 2028
L. FUTURE AGENDA ITEMS
2 1. Historic District Property Business Improvement District
2. RFQ for Qualifications for Housing Developers
3. Childcare Item
4. California Uniform Public Construction Cost
M. ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR (Government Code section 54957.6) Position: City Manager
Designated Representative: WBCP, Inc. (Lauren Gerson-Greene)
2. CONFERENCE WITH LABOR NEGOTIATOR (Government Code section 54957.6) City Representative: Blake Michaelsen, Interim City Manager Employee Organization: Operating Engineers Local No 3
N. REPORT OUT FROM CLOSED SESSION
O. ADJOURNMENT
ADJOURN TO THURSDAY MAY 21th, 2026, 6:00 P.M., COUNCIL CHAMBERS 5902 DUNSMUIR AVE, DUNSMUIR, CA
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Dunsmuir to all or a majority of the Dunsmuir City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 5915 Dunsmuir Ave, Dunsmuir, California during normal business hours.
PUBLIC NOTIFICATION
I, Wendy Perkins, City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Dunsmuir City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall 3 City of Dunsmuir City Council Minutes of April 2nd, 2026 A. CALL TO ORDER 6:00 PM
B. ROLL CALL
On roll call were Councilmembers: Clarno, Sebring, Bryan, Lucchesi
Absent: Hubbard
Staff present: ClerkPerkins, Interim City Manager/Finance Director Michaelsen, City Attorney Lim
C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS –
D. PUBLIC COMMENTS – open at 6:03 p.m.
Alan Clother – Regarding the maintenance and vegetation cleanup of Tauhindali Park Bruce Shoemaker – Has concerns about the Butterfly Bridge replacement project.
David Keisler – Wanted to give thanks to Mangrum for his work at the park Cath Clother – announces the Dunsmuir Community Gala Awards and other upcoming community events.
Quintin Gaddy – (Shasta-Cascase SBDC): (ZOOM) Provided an updated on business development opportunities in the City of Dunsmuir and gave information on available resources for business owners;
Allison Leshefsky – (ZOOM) Agreed with comments from Allen regarding Tauhindauli Park; Commented on Downtown revitalization efforts; Comments on review of City Council agenda and urged thorough review
E. COUNCIL AND STAFF REPORTS
Interim City Manager Michaelsen – Gives shout out to PW dept.
Council Member Bryan comments that residents should be cordial and kind to city staff F. COMMITEEE REPORTS -City Manager Search is ongoing. Have received a great number of applications
G. APPROVAL OF MINUTES – Motion to approve minutes of March 19th, 2026 Moved by: Councilmember Clarno
Seconded by: Councilmember Sebring Motion Carried ( 4 to 0) 4 H. CONSENT CALENDAR –
1. Check Register 3/14/3/27
2. Street Closure Request for Dunsmuir High School on May 11th, 2026
3. MOU – Memorandum of Understanding Between City and County for Library Services Motion to approve the consent agenda
Moved by: Councilmember Sebring
Seconded by: Councilmember Bryan
Motion Carried ( 4 to 0)
I. PUBLIC HEARINGS - none
J. OLD BUSINESS
1. Airport Fees – Adopt Updated Schedule of Fees - Motion to Adopt Update to Schedule ‘A’ Airport Fees
Council Member Bryan wishes to amend the schedule as presented but bump the city owned hangars by 20%, across the board (hangars A-H )and adopt Resolution 2026-07 as amended
Moved by: Councilmember Bryan
Seconded by: Councilmember Clarno Motion Carries (4-0)
2. Update on Potential Plans for City Lot Next to Swimming Pool ICM Michaelsen – Reports on the idea to cover the dirt area with gravel although it needs to be improved to be considered legal parking area. Will reseed the grassy area.
K. NEW BUSINESS –
1. Short Term Rental Cap – Discuss Positives and Negatives of Capping Short Term Rental Registrations
Public Comment open at 6:45 p.m.
The following individuals made comments on the item: David Keisler, Will Newman, Bruce Shoemaker, Julia Simon, Alan Clother, Sandra Haugen, Shawn Simon, Lia Webb, Karen Simon, Brenda Montano, Claudia Wagner, Paul Brumbaugh, Lisa Marie, Allison Leshefsky, Cate Clother, Corey, Aaron Hoeberger, Lisa Casner, Michael Sanchez, Aurea Wolf, Chrissy Thomure, Afaihere, Drew Reed, Public comment closed at 7:38 p.m.
10 minute recess. Back in 7:52 p.m.
Council Member Discussion 8:17 p.m.
All council members are seeking more data and information Many council members are asking if hotel units are included and asking if the current ordinance allows for the transfer of the registration.
Motion to table this item pending further research and then refer matter back to Planning Commission once there is a City Planner and City Manager back in place. 5 Moved by: Councilmember Bryan
Seconded by: Councilmember Clarno
AYES: Clarno, Bryan, Sebring
NOES: Lucchesi
ABSENT: Hubbard
ABSTAIN: None
Back to Order @ 8:36 p.m.
2. Planning RFP – Select a City Planner
Public Comment at 8:44 p.m.
Anthony Hanner introduces himself as a member of DevCom It’s either Devcom, Dynamic, or Precision they will choose Mayor Lucchesi wants to give all the firms an opportunity to come to the public meeting to speak before they pick the contract planner.
Clarno – Wants to do a temporary authorization of one. There seems to be consensus amoung council to bring this back to a future meeting to allow the 3 contract planner firms to send a representative to participate in the 2nd meeting in April (April 16th ) All in favor.
L. FUTURE AGENDA ITEMS
1. Historic District Property Business Improvement District
2. RFQ for Qualifications for Housing Developers
3. Onsite Cannabis Consumption Ordinance going to Planning Commission 4/8
4. Childcare Item
5. Code Enforcement Updates Scheduled for 4/16
6. California Uniform Public Construction Cost
7. Planning RFP 4/16 bring three Final Firms in to Next meeting M. ADJOURNMENT at 9:00 p.m.
Mayor Lucchesi City Clerk Perkins
6 City of Dunsmuir City Council Minutes of April 16th, 2026 A. CALL TO ORDER 6:01 PM
B. ROLL CALL
On roll call were Councilmembers: Clarno, Sebring, Bryan, Hubbard, Lucchesi
Absent: None
Staff present: Clerk Perkins, Interim City Manager/Finance Director Michaelsen, City Attorney Lim in person
C. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS – None
D. PUBLIC COMMENTS – open at 6:03 p.m.
Therese Swanson makes some comments about the city pool.
E. COUNCIL AND STAFF REPORTS
Sgt Ortiz anncounces they are hosting a town hall Monday April 27th, 6:30 p.m.
Council member Bryan -Was able to attend a CalTrans meeting. There will be I-5 narrowing near Lakehead.
Sebring – Reminds everyone of Green Waste Day May 2nd
Lucchesi – Mentions some small public works improvements including a new flag pole F. COMMITEEE REPORTS -
Economic Development Committee Met – Discussed a wayfinding project G. APPROVAL OF MINUTES – Motion to approve minutes of April 2nd , 2026 Moved by: Councilmember Clarno
Seconded by: Councilmember Hubbard Motion Carried ( 5 to 0) H. CONSENT CALENDAR –
1. Check Register 3/28-4/10
2. Street Closure Request for Dogwood Days May 2nd, 2026. Closure of Upper Pine between Dunsmuir and Shasta Ave
3. Adopt Resolution 2026-08 Authorizing City Manager to be Designated Representative to Sign and File Financial Assistance Application for Planning, Design 7 and Construction of Crag View Water System Consolidation Program with State Water Resources Control Board
4. Adopt Resolution 2026-09 Authorizing City Manager to be Designated Representative to Sign and File Financial Assistance Application for Planning, Design and Construction of Water System Improvement Project with State Water Resources Control Board
Motion to approve the consent agenda
Moved by: Councilmember Bryan
Seconded by: Councilmember Sebring
Motion Carried ( 5 to 0)
I. PUBLIC HEARINGS - none
J. OLD BUSINESS - Planning RFP – Select City Planner
Devcom, Dynamic or Precision Engineering are the 3 brought forward Each firm is invited to come and speak. DevCom goes first. Amber DePalao Dynamic – Ethan Mobley, Gary Price
Precision – Luke Risner and Jenna Chillingerian
Recommended Action: Discussion and Action to Authorize the Interim City Manager to Enter into Contract with a Specific Professional Firm for City Planning Services and To negotatiate contract for day to day planning services with DevCom and To authorize city staff to negotiate contracts with DevCom, Dynamic and Precision Engineering for on-call planning and environmental services Moved by: Councilmember Lucchesi
Seconded by: Councilmember Bryan Motion Carried ( 5 - 0 ) Roll Call Vote:
AYES: Hubbard, Clarno, Bryan, Sebring, Lucchesi
NOES: None
ABSENT: None
ABSTAIN: None
Affiliation
K. NEW BUSINESS – None
L. FUTURE AGENDA ITEMS
1. Historic District Property Business Improvement District
2. RFQ for Qualifications for Housing Developers
3. Onsite Cannabis Consumption Ordinance going to City Council 5/7
4. Childcare Item
5. California Uniform Public Construction Cost
M. ADJOURN TO CLOSED SESSION - 6:57
8 Public comment open at 6:55 p.m.
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATON (GOVERNMENT CODE 54956.9(D)(4))
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOV CODE 54956.8) Property: Federal land adjacent to City parcel at APN: 059-010-040-000 Agency Negotiators: Mayor Julianna Lucchesi, Councilmen Matthew Bryan, Blake Michaelsen, David Lim Negotiating Parties: Union Pacific Railroad Under Negotiation: Notice of Intent to Negotiate Easement Between Union Pacific and City of Dunsmuir on Federal Land
3. CONFERENCE WITH LABOR NEGOTIATOR (Government Code section 54957.6) Position: City Manager Designated Representative: WBCP, Inc. (Lauren Gerson-Greene Report out from CLOSED SESSION – No reportable action was taken.
M. ADJOURNMENT at 8:19 p.m.
Mayor Lucchesi City Clerk Perkins
9 4/30/2026 3:16:59 PM Page 1 of 4
Check Report
City of Dunsmuir By Check Number
Date Range: 04/11/2026 - 05/01/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Mechanics Bank-Mechanics Bank
03525 Eugene Meyer and Patricia Meyer 04/15/2026 EFT 0.00 1,214.94 1 03526 Meyer & Sons Heating, Plumbing, And Air Conditioning, INC. 04/15/2026 EFT 0.00 2,581.75 2 00010 A.C. HEILMAN 04/17/2026 Regular 0.00 14.00 218
00036 ADVANCED INFOSYSTEMS & DATA MANAGEMENT04/17/2026 Regular 0.00 967.24 219 03524 All Star Auto Recycling 04/17/2026 Regular 0.00 160.88 220 00156 ANTHONY CONGI 04/17/2026 Regular 0.00 302.00 221
00249 BARLOW, CHRIS 04/17/2026 Regular 0.00 15.00 222
00297 BIG VALLEY SANITATION 04/17/2026 Regular 0.00 292.50 223 00372 BRIAN WITHERELL 04/17/2026 Regular 0.00 6.50 224
00479 CARREL'S OFFICE SOLUTIONS 04/17/2026 Regular 0.00 4,171.00 225 00596 CITY OF DUNSMUIR 04/17/2026 Regular 0.00 180.00 226 00617 CLEMENS WASTE REMOVAL Dianna Duran 04/17/2026 Regular 0.00 7,190.42 227 00968 DUNSMUIR TRUE VALUE 04/17/2026 Regular 0.00 749.52 228 00969 DUNSMUIR VOL. FIREMAN'S ASSOC 04/17/2026 Regular 0.00 528.00 229 01079 EUGENE MEYER 04/17/2026 Regular 0.00 74.50 230
01106 FERGUSON ENTERPRISES INC,1423 04/17/2026 Regular 0.00 2,212.81 231 01136 FOLTONBERG, LEAH 04/17/2026 Regular 0.00 302.00 232 01335 HENSLEY, BRANDON 04/17/2026 Regular 0.00 185.00 233 01343 HINES, EDWARD 04/17/2026 Regular 0.00 100.50 234
01345 HINES, THELMA MARIELLA 04/17/2026 Regular 0.00 22.50 235 01386 INDEPENDENT FEE ESTIMATES LLC Jeffrey D Heithoff 04/17/2026 Regular 0.00 2,690.00 236 01587 JOHN A. DELGADO 04/17/2026 Regular 0.00 289.00 237 01632 JOSEPH HATTEN 04/17/2026 Regular 0.00 146.00 238
01790 KRTEK, HUNTER 04/17/2026 Regular 0.00 29.00 239
01916 LOU MEYER 04/17/2026 Regular 0.00 6.50 240
02008 MARTIN HINES 04/17/2026 Regular 0.00 42.00 241
02030 MATTEO M. ROMANO 04/17/2026 Regular 0.00 107.00 242 02362 PACE ANALYTICAL SERVICES, LLC 04/17/2026 Regular 0.00 94.00 243 02363 PACE ENGINEERING, INC. 04/17/2026 Regular 0.00 31,855.25 244 02363 PACE ENGINEERING, INC. 04/17/2026 Regular 0.00 144,500.00 245 02370 PACIFIC POWER 04/17/2026 Regular 0.00 28.83 246
02406 PATRICK J. HINES 04/17/2026 Regular 0.00 16.00 247 02726 RONALD L. GRIFFITH 04/17/2026 Regular 0.00 8.50 248 02954 SISKIYOU COUNTY 04/17/2026 Regular 0.00 1,298.34 249 02957 SISKIYOU COUNTY EDC 04/17/2026 Regular 0.00 1,250.00 250 02991 SOLANO'S CONTRACTOR BUILDING SUPPLY 04/17/2026 Regular 0.00 99.04 251 03219 THOMPSON, DAVE 04/17/2026 Regular 0.00 185.00 252 03261 TOMPKINS, MARIAH 04/17/2026 Regular 0.00 13.00 253 03307 TYLER TECHNOLOGIES, INC. 04/17/2026 Regular 0.00 173.34 254 03409 WBCP INC 04/17/2026 Regular 0.00 8,318.21 255
03528 Angulo, Jaime 04/24/2026 Regular 0.00 360.00 256
00617 CLEMENS WASTE REMOVAL Dianna Duran 04/24/2026 Regular 0.00 29,485.14 257 00637 COLUMN SOFTWARE PBC Siskiyou News 04/24/2026 Regular 0.00 98.56 258 00830 DENNIS DELLA BONA 04/24/2026 Regular 0.00 635.10 259 01095 FASTENAL COMPANY 04/24/2026 Regular 0.00 58.68 260 01271 GREAT NORTHERN CORP. 04/24/2026 Regular 0.00 87.46 261 01908 LONARDO S. DEPAOLA Development Compliance04/24/2026 Regular 0.00 2,545.00 262 01961 MANFREDI'S DEPOT 04/24/2026 Regular 0.00 1,512.15 263 02336 O'REILLY AUTO PARTS 04/24/2026 Regular 0.00 112.20 264 03530 Orville Murphy 04/24/2026 Regular 0.00 144.58 265 02362 PACE ANALYTICAL SERVICES, LLC 04/24/2026 Regular 0.00 1,245.75 266 02370 PACIFIC POWER 04/24/2026 Regular 0.00 15.83 267
02370 PACIFIC POWER 04/24/2026 Regular 0.00 2,561.91 268 02403 PATRICK & CO 04/24/2026 Regular 0.00 281.45 269
10 Check Report Date Range: 04/11/2026 - 05/01/2026
4/30/2026 3:16:59 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 03527 Peterlin Paul 04/24/2026 Regular 0.00 440.89 270
02880 SHASTA VALLEY PEST CONTROL 04/24/2026 Regular 0.00 200.00 271 02965 SISKIYOU HUMANE SOCIETY 04/24/2026 Regular 0.00 750.00 272 03307 TYLER TECHNOLOGIES, INC. 04/24/2026 Regular 0.00 202.23 273 03333 US BANK CORP PAYMENT SYSTEMS 04/24/2026 Regular 0.00 6,449.39 274 **Void** 04/24/2026 Regular 0.00 0.00 275
**Void** 04/24/2026 Regular 0.00 0.00 276
**Void** 04/24/2026 Regular 0.00 0.00 277
03529 Vona, John 04/24/2026 Regular 0.00 153.53 278
03383 VYVE 04/24/2026 Regular 0.00 84.95 279
00637 COLUMN SOFTWARE PBC Siskiyou News 05/01/2026 Regular 0.00 59.14 280 03531 D and H Water Systems, Inc. 05/01/2026 Regular 0.00 554.98 281 00838 DEPARTMENT OF TRANSPORTATION ATTN: CASHIERING OFFICE 05/01/2026 Regular 0.00 409.63 282 01095 FASTENAL COMPANY 05/01/2026 Regular 0.00 327.75 283 01136 FOLTONBERG, LEAH 05/01/2026 Regular 0.00 302.00 284 01169 FRIENDS OFTHE DUNSMUIR LIBRARY 05/01/2026 Regular 0.00 5,000.00 285 01299 HANNAH SMITH 05/01/2026 Regular 0.00 50.00 286
01632 JOSEPH HATTEN 05/01/2026 Regular 0.00 150.00 287
01801 L.N. CURTIS AND SONS, INC 05/01/2026 Regular 0.00 4,949.15 288 01908 LONARDO S. DEPAOLA Development Compliance05/01/2026 Regular 0.00 5,090.00 289 02362 PACE ANALYTICAL SERVICES, LLC 05/01/2026 Regular 0.00 1,086.30 290 02370 PACIFIC POWER 05/01/2026 Regular 0.00 20.97 291
02370 PACIFIC POWER 05/01/2026 Regular 0.00 207.25 292
02520 QUILL CORPORATION 05/01/2026 Regular 0.00 231.51 293 02842 SERVIAM BY WRIGHT LLP 05/01/2026 Regular 0.00 16,693.69 294 02945 SISKIYOU CO. RECORDER 05/01/2026 Regular 0.00 20.00 295 02991 SOLANO'S CONTRACTOR BUILDING SUPPLY 05/01/2026 Regular 0.00 48.03 296 03307 TYLER TECHNOLOGIES, INC. 05/01/2026 Regular 0.00 4,420.17 297 03435 WEX BANK 05/01/2026 Regular 0.00 3,517.65 298
03515 Franchise Tax Board 04/15/2026 Manual 0.00 479.74 52187 02347 OPERATING ENGINEERS LOCAL UNION NO.3 04/15/2026 Manual 0.00 528.00 52188 03514 Empower 04/15/2026 Bank Draft 0.00 240.20 DFT0000017 03514 Empower 04/15/2026 Bank Draft 0.00 749.51 DFT0000018 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 433.97 DFT0000019 03516 California State Disbursement Unit 04/15/2026 Bank Draft 0.00 461.53 DFT0000021 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 2,459.61 DFT0000022 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 2,526.24 DFT0000023 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 465.66 DFT0000024 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 268.69 DFT0000025 00456 CALPERS FISCAL SERVICES DIVISION 04/15/2026 Bank Draft 0.00 441.55 DFT0000026 03518 Employment Development Department 04/15/2026 Bank Draft 0.00 1,321.52 DFT0000027 03517 EFTPS 04/15/2026 Bank Draft 0.00 3,932.44 DFT0000028 03517 EFTPS 04/15/2026 Bank Draft 0.00 1,377.52 DFT0000029 03517 EFTPS 04/15/2026 Bank Draft 0.00 5,890.06 DFT0000030 03518 Employment Development Department 04/15/2026 Bank Draft 0.00 617.50 DFT0000031 03514 Empower 04/29/2026 Bank Draft 0.00 240.20 DFT0000032 03514 Empower 04/29/2026 Bank Draft 0.00 749.51 DFT0000033 03516 California State Disbursement Unit 04/29/2026 Bank Draft 0.00 461.53 DFT0000034 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 2,459.61 DFT0000035 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 2,526.24 DFT0000036 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 433.95 DFT0000037 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 441.52 DFT0000038 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 268.69 DFT0000039 00456 CALPERS FISCAL SERVICES DIVISION 04/29/2026 Bank Draft 0.00 465.66 DFT0000040 03518 Employment Development Department 04/29/2026 Bank Draft 0.00 1,719.14 DFT0000041 03517 EFTPS 04/29/2026 Bank Draft 0.00 4,256.66 DFT0000042 03517 EFTPS 04/29/2026 Bank Draft 0.00 1,412.70 DFT0000043 03517 EFTPS 04/29/2026 Bank Draft 0.00 6,040.48 DFT0000044 03518 Employment Development Department 04/29/2026 Bank Draft 0.00 633.27 DFT0000045 03517 EFTPS 04/30/2026 Bank Draft 0.00 8.70 DFT0000046
03517 EFTPS 04/30/2026 Bank Draft 0.00 37.20 DFT0000047 11 Check Report Date Range: 04/11/2026 - 05/01/2026
4/30/2026 3:16:59 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 03518 Employment Development Department 04/30/2026 Bank Draft 0.00 3.90 DFT0000048 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Mechanics Bank Summary
Bank Drafts
EFT's
78 2
3 31
2 0.00
0.00 0.00
0.00 0.00
116 0.00
Payment
299,186.40
1,007.74
0.00 43,344.96
3,796.69
347,335.79
Payable
Count
96 2
0 31
2 131
12 Check Report Date Range: 04/11/2026 - 05/01/2026
4/30/2026 3:16:59 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
78 2
3 31
2 0.00
0.00 0.00
0.00 0.00
116 0.00
299,186.40
1,007.74
0.00 43,344.96
3,796.69
347,335.79
96 2
0 31
2 131
Fund Name Period Amount
Fund Summary
98 Pooled Cash 4/2026 304,197.57
98 Pooled Cash 5/2026 43,138.22
347,335.79
13
CITY OF Dunsmuir
STAFF REPORT
RE: Local Transportation Fund – Claim Form – for city to receive funds
MEETING DATE: 5/7/2026
SUBMITTED BY: Blake Michaelsen, Finance Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL:
Authorize Mayor to sign the Local Transportation Claim form.
BACKGROUND/DISCUSSION:
The City receives money through the Transportation Development Act for transit needs. The Local Transportation Commission authorizes the allocations. The City is required to submit the attached claim form for the County Auditor to release the funds. The County determines the “public transit” amount and only forwards the amount under B.2.b “streets/roads” on the attached claim form.
OPTIONS:
Approve, modify, or decide not to proceed with submitting the claim form FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: Fund 50 – Local Transportation Fund
Comments:
SUGGESTED MOTIONS: by consent: motion to authorize Mayor to sign and file claim for 2026-2027 funds from the Local Transportation Fund
Attachments: 2026/2027 Local Transportation Fund – Transportation Claim 14 Siskiyou County Local Transportation Commission
Local Transportation Fund Transportation Claim
To:
From:
A. Funding Available (Not Claimed)
1. Funds from prior years
2. Current Estimated Allocations
B. Total Amount Claimed
1. By Funding Source
c. Total Claimed
2. By Purpose
(Chapter 4, Part 11, Division 10 of P.U.C.)
d. Total Claimed $ 71,230.00
c. Other $ -
$ 71,230.00
a. Estimated funds with County Auditor $ -
b. Current Estimated Allocations 2026/2027 $ 71,230.00
$ 71,230.00
a. Public Transit [Art 4, Sec 99260 (a)] $ 45,950.00
b. Streets/Roads [Art 8, Sec 99400 (a)] $ 25,280.00
Fiscal Year 2026/2027
2026/2027 $ 71,230.00
Siskiyou County Local Transportation Commission
City of Dunsmuir
(Claimant)
$ 71,230.00
a. Estimated funds with County Auditor 7/1/2026 $ -
This applicant, qualified pursuant to section 99203 of the Public Utilities Code, hereby requests, in accordance with the applicable rules and regulations of the Transportation Development Act as enacted and amended by statute to January 1, 2011, that its claim be approved in the amount of:
1 of 2
15 Siskiyou County Local Transportation Commission
Local Transportation Fund Transportation Claim
By:
Date:
By:
Date:
Approved:
City of Dunsmuir
Mayor
Siskiyou County Local Transportation Commission
Transportation Commission Executive Director
The claimant herewith recognizes that any allocations for streets and roads will be made in accordance with, but not limited to, Section 99401.5, Article 8, Chapter 4, Part 11, Division 10 of the Public Utilities Code. This section stipulates that the Local Transportation Commission must annually review unmet transit needs and determine if they are reasonable to meet prior to making any allocation of funding for streets and roads.
After obtaining approval by the governing body please transmit this claim for payment from the Local Transportation Fund to the following address:
Siskiyou County Local Transportation Commission
190 Greenhorn Road
Yreka, CA 96097
Approval of the claim and payment by the County Auditor is subject to such monies being on hand and available for distribution and to the provisions that such monies will be used in accordance with the rules and regulations of the Transportation Development Act. 2 of 2
16
City of Dunsmuir
STAFF REPORT
RE: Adopt Environmental Addendum for the WWTP Improvement Project
MEETING DATE: 5/7/26
SUBMITTED BY: Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Adopt a Resolution adopting an addendum to the previously adopted mitigated negative declaration for the wwtp improvement project BACKGROUND/DISCUSSION: The City has been working on a Wastewater Treatment Plant Improvement project for over 5 years. City previously adopted a mitigated negative declaration. Revisions to the MND are necessary and the state is requiring adoption of a resolution in order to adopt the MND with the revised addendum.
OPTIONS: Adopt the addendum via resolution or provide other direction FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:
Affected fund(s): General Fund Water Fund Sewer Fund Other:
Comments:
SUGGESTED MOTIONS: (via consent) Motion to adopt resolution 2026-10 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DUNSMUIR ADOPTING AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED
NEGATIVE DECLARATION FOR THE DUNSMUIR WASTEWATER TREATMENT PLANT (WWTP) IMPROVEMENT
PROJECT
Attachments: Resolution, letter, and addendum
17 RESOLUTION 2026- 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR
ADOPTING AN ADDENDUM TO THE PREVIOUSLY ADOPTED
MITIGATED NEGATIVE DECLARATION FOR THE
DUNSMUIR WASTEWATER TREATMENT PLANT (WWTP) IMPROVEMENT PROJECT WHEREAS, in accordance with California Public Resources Code Division 13 (California Environmental Quality Act [CEQA]), and California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines), the City of Dunsmuir prepared an Initial Study and adopted a Mitigated Negative Declaration (MND) for the Wastewater Treatment Plant (WWTP) project (project) on January 17, 2019 (State Clearinghouse No. SCH 2018122012); and WHEREAS, following adoption of the MND, the City determined that revisions to the project were required, and an Addendum to the previously adopted MND was prepared in accordance with §15164(b) of the CEQA Guidelines; and
WHEREAS, the City Council of the City of Dunsmuir considered adoption of the Addendum at a public meeting on May 7, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunsmuir as follows:
1. The City Council hereby adopts the following findings:
a. The above recitals are true and correct and have served as the basis, in part, for the actions set forth herein.
b. None of the conditions described in §15162 of the CEQA Guidelines apply to the project as amended, and the proposed project revisions necessitate only minor technical changes or additions to the previously adopted MND. c. No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur as a result of the project revisions, and no additional mitigation measures are required. The monitoring and reporting of mitigation measures for the project will be conducted in accordance with the previously adopted Mitigation Monitoring and Reporting Program (MMRP).
d. Based on the whole record (including the Initial Study, MND, Addendum to the MND, and all supporting documentation), and the mitigation measures incorporated into the project, the City Council has determined that there is no substantial evidence that the project, as amended, will have a significant effect on the environment.
e. The Addendum to the previously adopted MND, with its supporting documentation, reflects the independent judgment and analysis of the City Council, which is the lead agency for the Project.
2. The City Council hereby adopts an Addendum to the previously adopted MND for the project, pursuant to §15164 of the CEQA Guidelines.
3. The location and custodian of the documents and all other materials that constitute the record of proceedings upon which the City Council based its decision to adopt an Addendum to the previously adopted MND is: City of Dunsmuir, City Hall, 5915 Dunsmuir Avenue, Dunsmuir, CA 96025.
18 The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Dunsmuir on the 7th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated: _________________, 2026
______________________________
Juliana Lucchesi, Mayor
ATTEST:
_______________________________________
Wendy Perkins, City Clerk
19 ADDENDUM TO A
MITIGATED NEGATIVE DECLARATION
SCH No. 2018122012
CITY OF DUNSMUIR
WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT
LEAD AGENCY:
City of Dunsmuir
5915 Dunsmuir Avenue
Dunsmuir, CA 96025
PREPARED BY:
3179 Bechelli Lane, Suite 100
Redding, CA 96002
530.221.0440
April 2026
20 Table of Contents
SECTION 1. INTRODUCTION................................................................................................................. 2 SECTION 2. CEQA FRAMEWORK FOR ADDENDUM.......................................................................... 2 Figure 1. Project Location and Vicinity............................................................................... 3 Figure 2. Project Site Plan ................................................................................................. 4 SECTION 3. MODIFIED PROJECT DESCRIPTION............................................................................... 5 SECTION 4. ENVIRONMENTAL EFFECTS OF THE MODIFIED PROJECT ........................................ 7
4.1 Aesthetics.................................................................................................................. 7
4.2 Agricultural and Forest Resources............................................................................ 7
4.3 Air Quality.................................................................................................................. 7
4.4 Biological Resources...............................................................................................11
4.5 Cultural Resources and Tribal Cultural Resources.................................................16
4.6 Geology and Soils ...................................................................................................17
4.7 Greenhouse Gas Emissions/Energy .......................................................................18
4.8 Hazards and Hazardous Materials..........................................................................20
4.9 Hydrology and Water Quality ..................................................................................21
4.10 Land Use and Planning...........................................................................................23
4.11 Mineral Resources ..................................................................................................23
4.12 Noise .......................................................................................................................23
4.13 Population and Housing, Public Services, and Recreation.....................................24
4.14 Transportation .........................................................................................................24
4.15 Utilities and Service Systems..................................................................................25
4.16 Wildfire ....................................................................................................................25
4.17 Mandatory Findings of Significance ........................................................................26 SECTION 5. DETERMINATION ............................................................................................................26 SECTION 6. REFERENCES..................................................................................................................27
APPENDICES
Appendix A Original Initial Study/Mitigated Negative Declaration, Notice of Determination, and Mitigation Monitoring and Reporting Program (MMRP)
Appendix B California Emissions Estimator Model (CalEEMod) Report Appendix C Updated Biological Records Search Results
Appendix D February 5, 2020, Concurrence Letter from the State Historic Preservation Officer 21 SECTION 1. INTRODUCTION
This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines to evaluate the potential environmental impacts of the proposed modifications to the City of Dunsmuir’s Wastewater Treatment Plant (WWTP) Improvement Project (approved project). As shown in Figure 1, the majority of the WWTP site is located in an unincorporated area of Shasta County; the northernmost portion is located in an unincorporated area of Siskiyou County.
The approved project was analyzed in the 2018 Initial Study (IS) and the Mitigated Negative Declaration (MND) adopted by the City of Dunsmuir City Council on January 17, 2019 (State Clearinghouse Number 2018122012). Included in Appendix A are the IS/MND, Mitigation Monitoring and Reporting Program (MMRP), and the Notice of Determination (NOD) for the original project.
Effluent limitations for the WWTP are identified in the Central Valley Regional Water Quality Control Board (CVRWQCB) Waste Discharge Requirements (WDRs) for the WWTP (currently National Pollutant Discharge Elimination System [NPDES] CA0078441 Order R5-2024-0009). Following adoption of the MND, the City received five Notices of Violation (NOV) for exceedances of biochemical oxygen demand (BOD), total suspended solids (TSS), ammonia, total nitrogen (including ammonia and nitrate), coliform, disinfection by-products, and pH.
As a result of the violations, as well as increased operational costs beyond the City’s control, the City identified modified improvements at the WWTP site that would further correct existing system deficiencies and ensure compliance with effluent limitations for the WWTP.
This Addendum provides an analysis of potential environmental impacts associated with proposed modifications to the approved project. In accordance with updates to the CEQA Guidelines that have occurred since the original IS/MND was prepared, this Addendum also discusses energy and wildfire.
The project modifications addressed in this Addendum are described in Section 3.0 (Modified Project Description) (see Figure 2). All improvements would occur within the original study area for the project.
SECTION 2. CEQA FRAMEWORK FOR ADDENDUM
The California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3) recognize the possibility for a project to be modified after an EIR has been certified or a Negative Declaration has been adopted, and identify various levels of additional environmental review that may be undertaken to provide appropriate environmental disclosure. Pursuant to Section 15164 (b) of the CEQA Guidelines, “An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for preparation of a subsequent EIR or negative declaration have occurred.” The conditions in Section 15162 are as follow:
1. Substantial changes are proposed in the project which will require major revisions to the previous EIR or negative declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the negative declaration was adopted, shows any of the following:
22 Weed
Yreka
McCloud
Dunsmuir
Mount Shasta
Burney
Redding
Anderson
Cottonwood
Shasta Lake
Shingletown
Fall River Mills
USGS Quad - Dunsmuir 7.5-minute Quadrangle
Section 1, Township 38 N, Range 04 W
Centroid: Lat: 41° 10' 58.67" N; Long: 122° 16' 55.73" W Path: N:\companyfiles\01-Jobs Active\032-43 PACE - Dunsmuir WWTP and Lift Station\3-Project GIS\3-Map Documents\32-43 Dunsmuir WWTP and Lift Station EHub\32-43 Dunsmuir WWTP and Lift Station EHub.aprx Shasta County, California
Project Location
All depictions are approximate. Not a survey product. 04.17.26 Figure 1
0 3,000
Feet
Project Location and Vicinity
Study Area Boundary
Siskiyou County, California
23 /
(NJ GW MONITORING WELL
(NJ INFLUENT MH
(NJ HEADWORKS ACCESS RD
(N) HEADWORKS W/SCREEN
RGY,1-eot "-- (N) PARSHALL FLUME
,..,u '
/ (NJ WWTP (N) GRIT REMOVAL
UPGRADE (EJ OFFICE/LAB/CL2 ROOM
FOR (N) CONTROLS/OSHG (NJ GW MONITORING WELL CONVERT SLUDGE LAGOON TO
SOLIDS HANDLING BLDG W/(N)
SLUDGE PROCESSING EQUIPMENT
LS
(N) SUBSURFACE DRAIN
WET WELL PS
PERCOLATION POND
NO. l
DREDGE PONDS,
TYP OF 5
0 RGW-003
DECHLORINATION VAULT
ML RECYCLE PS
REMOVE
AND HEADWORKS
(E) SELECTOR -----------"'--
R'cS"-004
(N) DO, AMMONIA &
NITRATE ANALYZERS
(N) VFD AERATORS,
TYP OF 2
18" BYPASS
DREDGE DITCH
OXIDATION DITCH
l 6" lNTERPOND PlPING
RSW--001
(N) AUTOMATIC BUTTERFLY
VALVE TO PONDS, TYP OF 2
(N) EFFLUENT WET WELL GRATES
(N) DECHLORINATION SYSTEM
SACRAMENTO RlVER
FLC,W
PERCOLATION POND
N0.2
PERCOLATION PONO
N0.3
RAISE POND DIKE
(N) FINE BUBBLE DIFFUSER
BYPASS POND
LAGOON NO.
2 SLUDGE DRYING BEDS
FILTRATE TO ADS/OS/LS PS
PERCOLATION POND NO.
RAISE POND
16" INTERPOND PIPING
I
ill
I
(NJ GW MONITORING WELL i
I
I
f 1
§
�
r---------------------7•••••rr=======
iii
"":'.:'::':':'"::"=======7r-----------r,�
��;;;;ro;-----.------------:-:::-:--::-:-'.:-'."'.'�""'."."'.'.':"'"----------T------:::-::-=-----i�� REVISIONS � CITY OF DUNSMUIR FIGURE ;, �
BAR IS ONE INCH ON
ORIGINAL DRAWING
o· ,·
IF NOT ONE INCH ON
THIS SHEET, ADJUST
SCALES ACCOROINGL Y.
NO DATE DESCRIPTION � PACE. WWTP IMPROVEMENT PROJECT : i ENGINEERING RECOMMENDED PROJECT 2 n
DES----1ili£..._ CKD NHo JOB NO, � j
L.. ____________________________ .J. ______ L!::::::::::!:======================:::!..,.1,;D�R�N�;;aliG�Fobd.!:D�A���7�/2�/2�0�25�...,;;�0�20�4�.7�5"'-L--------....JL _____________________________________ .l. ___ .,.!P�G:.,,;lh.:O�F..J:l:.... __ ...J�� 24 a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative declaration;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The following describes the requirements of an addendum pursuant to CEQA Guidelines Section 15164:
1. The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
2. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
3. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
4. The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
5. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
If none of these circumstances are present, and only minor technical changes or additions are necessary to update the previously certified EIR or adopted negative declaration, an addendum may be prepared, consistent with CEQA Guidelines Section 15164.
As documented herein, the conditions identified in Section 15162 of the CEQA Guidelines do not apply to the proposed modifications, and preparation of a subsequent or supplemental IS/MND is not required.
SECTION 3. MODIFIED PROJECT DESCRIPTION
As described in Section 3.3 (Project Components/Physical Improvements) of the IS/MND (Appendix A), three alternatives were considered for the WWTP improvements in consideration of funding availability and the possibility that not all improvements would be able to be included in the final design.
Project Location
All modified improvements would occur within the original study area for the project. The majority of the WWTP site is located in an unincorporated area of Shasta County; the northernmost portion is located in unincorporated Siskiyou County. As shown in Figure 1, the WWTP is located on the east side of I-5, generally east of Jesse James Road and south of S. 1st Street in Section 1, Township 38 North, Range 4 West, of the Dunsmuir 7.5-minute quadrangle. The WWTP is located on City-owned property (Assessor’s Parcel Numbers 030-380-070 [Siskiyou County] and 014-060-003 [Shasta County]). 25 Project Description
The entirety of the modified project is shown in Figure 2. The differences between the original project and modified project are described below. The remainder of the improvements are the same as analyzed in the IS/MND.
• The project analyzed in the IS/MND included converting the WWTP from chlorine disinfection to an ultraviolet (UV) disinfection system, which included constructing a ~1,000-square-foot concrete masonry building, expanding Percolation Pond 4, and installing an effluent discharge line from the effluent pump station to the UV building. A new effluent discharge line was proposed to be installed in the dike between Ponds 3 and 4. The modified project would not include any of these improvements.
• The City would utilize sodium hypochlorite disinfection in its treatment process rather than UV disinfection. The existing office/laboratory/chlorine room would be upgraded to house an on-site sodium hypochlorite generation system (OSHG). A dedicated controls room would be created to house the WWTP‘s main control panel.
• An existing ~650 square-foot building near the northeastern area of the WWTP site, adjacent to the new headworks/selector, would be demolished and a new ~1,900 square-foot office/laboratory building would be constructed.
• The new headworks, including a screen, Parshall flume, grit removal chamber, and selector would be constructed slightly north of the area proposed for the original project. • A new 18-inch diameter screened effluent pipeline would be installed between the new headworks/selector and oxidation ditch.
• A new lift station would be installed adjacent to the headworks. • A graveled access road would be installed east of the new headworks to allow access for maintenance.
• A new ~240 square-foot dechlorination building would be installed northeast of Percolation Pond No. 2 for new sodium bisulfite equipment and a dosing system. • A new ~1,900 square-foot solids handling building would be installed to house solids processing equipment in the current location of Sludge Lagoon No. 2. • A new back-up generator would be installed to power the new equipment in the event of an emergency.
• The percolation ponds would be dredged to remove accumulated sediments. The ponds would either be drained, allowed to dry, and then cleaned out; or the sludge would be removed from the bottom of the ponds and allowed to dry in the existing sludge drying beds. All sediment would be disposed of off-site after it has dried.
• The dikes around Ponds 3, 4, and 5, would be raised to be level with Pond 2. Pond 3 would be raised ~2 feet; Pond 4 would be raised ~4 feet; and Pond 5 would be raised ~7 feet at the lowest end. Excess soils that are currently stockpiled on the WWTP site, as well as excess soil generated during construction, would be used to raise the pond dikes. The soil would be placed using standard construction equipment and would be adequately compacted to allow vehicular access across the dikes for maintenance.
26 SECTION 4. ENVIRONMENTAL EFFECTS OF THE MODIFIED PROJECT
4.1 Aesthetics
As documented in the IS/MND, the approved project would have less-than-significant impacts related to aesthetics, and no mitigation measures were necessary.
The WWTP is on the east side of I-5, generally south of S. 1st Street and adjacent to the Sacramento River. The WWTP is not visible from I-5 due to intervening topography and existing vegetation surrounding the WWTP site. Some areas of the WWTP are visible to the traveling public on S. 1st Street and recreational users on the Sacramento River. Modified improvements that have a potential for more significant adverse visual impacts include the new office building, new lift station, new dechlorination building, and new solids handling building. However, as is the case with the original project, views of the modified improvements would be partially screened and would be visually consistent with the existing built features at the WWTP site. Further, the modified improvements would not be visually prominent features in the viewshed, and impacts during construction would be temporary and cease at completion of the project.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified effects, would occur. Aesthetic impacts would remain less than significant, and no mitigation measures are required.
4.2 Agricultural and Forest Resources
As documented in the IS/MND, the approved project would have no impact on agricultural and forest resources and no mitigation measures were required.
Soils on the WWTP site in which the modified improvements would occur are classified as Farmland of Statewide Importance (U.S. Department of Agriculture, n.d.). However, improvements would occur in previously disturbed areas that have not been historically used for agricultural purposes. In addition, the property is not zoned for agricultural uses. The land is not designated as forest land or timberland and is not zoned for timber production uses.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified effects, would occur. No mitigation measures are required.
4.3 Air Quality
As documented in the IS/MND, the approved project would have less-than-significant impacts related to air quality with implementation of the following mitigation measure:
MM 4.3.1 The City of Dunsmuir shall ensure through contractual obligations that the following measures are implemented throughout construction:
a. All material excavated, stockpiled, or graded shall be sufficiently watered to prevent fugitive dust from leaving property boundaries and causing a public nuisance or a violation of ambient air quality standards. Watering shall occur at least twice daily with complete site coverage, preferably in the mid-morning and after work is completed each day. b. Unpaved areas with vehicle traffic shall be watered periodically or have dust palliatives applied for stabilization of dust emissions.
27 c. All on-site vehicles shall be limited to a speed of 15 miles per hour on unpaved roads. d. All land clearing, grading, earth moving, and excavation activities on the project site shall be suspended when winds are expected to exceed 20 miles per hour. e. The contractor shall be responsible for applying non-toxic stabilizers (according to manufacturer’s specifications) to all inactive construction areas (previously graded areas which remain inactive for 96 hours).
f. All trucks hauling dirt, sand, soil, or other loose materials shall be covered or shall maintain at least two feet of free board in accordance with the requirements of California Vehicle Code §23114. This provision is enforced by local law enforcement agencies. g. During grading and earth disturbance in undeveloped areas, the contractor shall provide a paved (or dust palliative treated) apron, at least 100 feet in length, onto the project site from the adjacent paved road(s).
h. Paved streets adjacent to construction areas shall be swept or washed at the end of the day to remove excessive accumulations of silt and/or mud which may have accumulated as a result of activities on the development site.
i. All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. Equipment maintenance records shall be kept onsite and made available upon request by the County of Shasta.
j. Off-road construction equipment shall not be left idling for periods longer than five minutes when not in use.
The project area is located within the Northeast Plateau Air Basin and the Northern Sacramento Valley Air Basin (NSVAB) and is subject to rules and regulations established by the Siskiyou County Air Pollution Control District and the Shasta County Air Quality Management District (SCAQMD).
According to the California Air Resources Board (CARB), Shasta County is currently designated as a non-attainment-transitional area for State ozone standards; the County is designated as an attainment or unclassified area for all other federal and State ambient air quality standards. Siskiyou County is currently designated in attainment or unclassified status for all federal and State criteria pollutants; therefore, the County is not required to have a local air quality attainment plan (CARB, n.d.a.).
For areas of the State that have not attained air quality standards, air districts must develop and implement attainment plans to demonstrate that they will meet the standard(s) by a specified date. The SCAQMD, along with other air districts in the NSVAB, jointly prepared an Air Quality Attainment Plan (AQAP) for the purpose of achieving and maintaining healthful air quality throughout the air basin.
The Northern Sacramento Valley Planning Area (NSVPA) 2021 AQAP constitutes the region’s State Implementation Plan (SIP) and was adopted by the SCAQMD Board on April 5, 2022. The 2021 AQAP states that air pollution transport studies have demonstrated that a significant number of the ozone violations occurring in Shasta County are caused when pollutants from urban areas are transported aloft throughout the air basin. Shasta County’s primary emphasis in implementing the 2021 AQAP is to attempt to reduce emissions from mobile sources through public education and grant programs.
As shown in Table 4.3-1, Shasta County has adopted air quality thresholds for emissions of Reactive Organic Gases (ROG), Oxides of Nitrogen (NOx) and Particulate Matter, 10 microns in size (PM10) to determine the level of significance for projects subject to CEQA review (Shasta County Rule 2:1, New Source Review, Part 300) (SCAQMD, 2013). In addition, Siskiyou County has defined 250 pounds per day (lbs/day) as the threshold of significance for NOX, PM10, and SO2 emissions, and 2,500 lbs/day as the threshold of significance for CO emissions.
28 TABLE 4.3-1
Thresholds of Significance for Criteria Pollutants of Concern Level ROG NOx PM10
Level A: Indirect Source 25 lbs/day 25 lbs/day 80 lbs/day Level B: Indirect Source 137 lbs/day 137 lbs/day 137 lbs/day Direct Sources 25 tons/year 25 tons/year 25 tons/year
Source: 2004 Shasta County General Plan, Chapter 6.5 (Air Quality).
All discretionary projects in Shasta County are required to implement Standard Mitigation Measures (SMMs) to minimize emissions and contribute to a reduction in cumulative impacts. Projects that generate unmitigated emissions above Level A must implement Best Available Mitigation Measures (BAMM) in addition to the SMMs. If a project is not able to reduce emissions below the Level B threshold, emissions offsets are required.
Emissions associated with the original project were estimated using Version 2016.3.2 of the California Emissions Estimator Model (CalEEMod). Emissions for the modified improvements were estimated using CalEEMod Version 2022.1.1.41. CalEEMod reports construction emissions as totals for the entire construction period, while the air quality standard is based on daily emission levels. CalEEMod provides default values when site-specific inputs are not available. Output files, as well as site-specific inputs and assumptions, are provided in Appendix B.
Operational Emissions
Operation of the project would generate criteria pollutants from area sources (e.g., cleaning supplies, maintenance activities such as painting, etc.) and mobile sources (e.g., vehicle trips for employees, deliveries, etc.), as well as indirect emissions associated with energy use for the new buildings and lift station.
Table 4.3-2 shows estimated highest daily levels of operational emissions for the modified project by source. For the proposed project, mobile sources include on-road motor vehicles and off-road engines and equipment used for maintenance activities. Area-wide sources include consumer products, architectural coatings, and road dust. Energy sources include electricity generated from fossil fuels (indirect emissions) that is used to operate pumps, motors, aerators, etc. Stationary sources include the emergency back-up generator.
TABLE 4.3-5
Estimated Operational Emissions
Source
Pollutants of Concern
ROG NOX PM10 PM2.5 CO SO2
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Mobile 0.17 0.20 0.31 0.08 1.58 Trace
Area 0.13 0.001 Trace Trace 0.18 Trace
Energy 0.002 0.04 0.003 0.003 0.04 Trace
Stationary 0.12 0.34 0.02 0.02 0.45 Trace
Total 0.42 0.58 0.33 0.10 2.25 0.004
Source: CalEEMod, 2026. Note: Totals may not add due to rounding 29 The modified project does not include any components or activities that would result in a significant longterm increase in emissions above existing levels. There would be a minor increase in indirect operational emissions due to the use of electricity to operate lighting and electrical components at the new office/ laboratory building, new dechlorination building, new solids handling building, and new lift station, as well as operating the new generator. These improvements would not be considered a wasteful, inefficient, or unnecessary consumption of energy resources.
The purpose of the modified project is to replace aging infrastructure and address existing deficiencies at the WWTP that need to be resolved to correct wastewater system deficiencies. The modified project would not increase the amount of wastewater treated beyond the existing permitted treatment and disposal capacity. The modified project would not directly or indirectly increase the population or vehicle miles traveled that could result in a permanent increase in ROG or NOX emissions and does not include any other components that would increase long-term operational emissions.
Construction Emissions
The modified improvements would involve more earth disturbance than the original project due to construction of the additional buildings, dredging of the percolation ponds to remove accumulated sludge, and modifying the dikes around Ponds 3, 4, and 5.
Emissions associated with the original project were estimated using Version 2016.3.2 of the California Emissions Estimator Model (CalEEMod). Emissions for the modified improvements were estimated using CalEEMod Version 2022.1.1.41. CalEEMod reports construction emissions as totals for the entire construction period, while the air quality standard is based on daily emission levels. CalEEMod provides default values when site-specific inputs are not available. Table 4.3-3 shows the highest daily levels regardless of construction phase.
TABLE 4.3-3
Projected Construction Emissions
Construction
Year
Pollutants of Concern
ROG NOX PM10 PM2.5 CO SO2
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
Max.
lbs/day
2027 1.87 16.87 5.46 3.0 17.73 0.03
2028 1.04 8.95 0.34 0.28 13.01 0.02
Source: CalEEMod, 2026
As shown in Table 4.3-2, construction of the modified project would not exceed Siskiyou County’s thresholds or Shasta County’s Level A or Level B thresholds. In addition, the Federal General Conformity Rule does not apply to the modified project because both Siskiyou County and Shasta County are designated as attainment or unclassified areas for all federal ambient air quality standards. Therefore, impacts during construction would remain less than significant.
As is the case with the approved project, implementation of MM 4.3.1 and compliance with applicable State and NSAQMD rules and regulations ensures that the proposed project would have a less-thansignificant cumulative impact on local and regional air quality. Therefore, the modified project would be in conformance with the applicable SIP.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No additional mitigation measures are required. 30 4.4 Biological Resources
As documented in the IS/MND, the approved project would have less-than-significant impacts on biological resources with implementation of the following mitigation measures:
MM 4.4.1 Avoid/Minimize Effects on Foothill Yellow-Legged Frogs and Pacific Tailed Frogs.
Prior to the start of in-water work each day that in-water work would occur, a qualified biologist shall conduct a pre-construction survey for foothill yellow-legged frogs and Pacific trailed frogs. If foothill yellow-legged frogs or Pacific tailed frogs (including their egg masses and tadpoles) are found during the pre-construction survey, they shall be relocated by a qualified biologist to a safe location upstream or downstream of the work area. If foothill yellow-legged frogs (including their egg masses and tadpoles) are found during the preconstruction survey, the following actions shall be taken:
a. Work in the immediate area shall be halted, and the City shall immediately contact the California Department of Fish and Wildlife and provide a short description of observations, including a count of individuals by life stage, conditions at the site, and other aquatic species observed in the area; and
b. The City shall propose site-specific measures to fully avoid take of foothill yellow-legged frog (including their egg masses and tadpoles). If full avoidance is not feasible, the City shall obtain an Incidental Take Permit (ITP) prior to relocating foothill yellow-legged frog (including their egg masses and tadpoles). Instream work shall not commence until CDFW has provided written approval of the proposed avoidance measures or has issued an ITP.
MM 4.4.2 Avoid/Minimize Effects on Foothill Yellow-Legged Frogs and Pacific Tailed Frogs.
Prior to commencement of any earth disturbance, all construction personnel shall receive training from a qualified biologist on identification of foothill yellow-legged frog and Pacific tailed frog and procedures to be implemented in the event that these species are encountered during construction activities. If new personnel are added to the project, the City shall ensure that they receive the mandatory training before starting work.
MM 4.4.3 Avoid/Minimize the Potential for Introduction and Spread of Noxious Weeds.
The potential for introduction and spread of noxious weeds shall be avoided/minimized by:
a. Using only certified weed-free erosion control materials, mulch, and seed. b. Limiting any import or export of fill material to material that is known to be weed free. c. Requiring the construction contractor to thoroughly wash all equipment at a commercial wash facility prior to entering the job site. County. If the equipment has most recently been used within the County, cleaning is not required.
MM 4.4.4 Avoid Disturbing Nesting Birds
In order to avoid impacts to nesting migratory birds and/or raptors protected under the federal Migratory Bird Treaty Act and California Fish and Game Code §3503 and §3503.5, including their nests and eggs, one of the following shall be implemented:
a. Vegetation removal and other ground-disturbance activities associated with construction shall occur between September 1 and January 31 when birds are not nesting; or b. If vegetation removal or ground disturbance activities occur during the nesting season, a pre-construction nesting survey shall be conducted by a qualified biologist to identify active nests in and adjacent to the work area.
31 Surveys shall begin prior to sunrise and continue until vegetation and nests have been sufficiently observed. The survey shall take into account acoustic impacts and line-ofsight disturbances occurring as a result of the project in order to determine a sufficient survey radius to avoid nesting birds.
At a minimum, the survey report shall include a description of the area surveyed, date and time of the survey, ambient conditions, bird species observed in the area, a description of any active nests observed, any evidence of breeding behaviors (e.g., courtship, carrying nest materials or food, etc.), and a description of any outstanding conditions that may have impacted the survey results (e.g., weather conditions, excess noise, the presence of predators, etc.).
The survey shall take into account acoustic impacts and line-of-sight disturbances occurring as a result of the project in order to determine a sufficient survey radius to avoid nesting birds. The results of the survey shall be submitted to the California Department of Fish and Wildlife upon completion. The survey shall be conducted no more than one week prior to the initiation of construction. If construction activities are delayed or suspended for more than one week after the pre-construction survey, the site shall be resurveyed.
If active nests are found, the City of Dunsmuir shall consult with the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service regarding appropriate action to comply with the Migratory Bird Treaty Act and California Fish and Game Code §3503. Compliance measures may include, but are not limited to, exclusion buffers, sound-attenuation measures, seasonal work closures based on the known biology and life history of the species identified in the survey, as well as ongoing monitoring by biologists.
To determine the presence/absence of special-status species and other sensitive biological resources in the project area, a biological field survey was conducted by an ENPLAN (now Catalyst) biologist on May 5 and June 11, 2018. Many of the special-status species potentially occurring in the study area would not have been evident at the time the fieldwork was conducted. However, determination of their potential presence could readily be made based on observed habitat characteristics.
To determine potential impacts associated with the modified project improvements, an updated records search was completed by Catalyst (Appendix C). The updated records search included a review of California Natural Diversity Database (CNDDB) records for special-status plants and wildlife, and natural communities (CDFW, 2026); California Native Plant Society (CNPS) records for special-status plant species (CNPS, 2026); U.S. Fish and Wildlife Service (USFWS) records for federally listed, proposed, and candidate plant and wildlife species under jurisdiction of the USFWS, birds of conservation concern, and critical habitat data maintained by the USFWS (USFWS, 2026); and Bumble Bee Watch records maintained by the Xerces Society (Xerces, 2026). The National Marine Fisheries Service (NMFS) does not maintain species lists for the project quadrangle because Shasta Dam and Keswick Dam block upstream passage to spawning areas in the upper Sacramento River.
Special-Status Plant Species
Review of the USFWS species list for the project area identified no federally listed plant species as potentially being present in the project area. The project site does not contain designated critical habitat for federally listed plant species (USFWS, 2026).
Review of CNDDB records showed that no special-status plant species are mapped within the project area. CNDDB and CNPS records show that no additional special-status plants species have been reported since the records search that was conducted in 2018. Because work would occur within the original study area boundary, no special-status plants were identified during the previous botanical 32 survey, and improvements would occur in previously disturbed areas, there is very little potential for special-status plants to be present.
Special-Status Wildlife Species
Review of the USFWS species list for the project area identified the following federally listed wildlife species in addition to those identified in 2018 as potentially being present in the project area: California condor (Experimental Population Non-Essential [EPNE], State Endangered [SE], State Fully Protected [SFP]), Franklin’s bumble bee (Federally Endangered [FE]), State Candidate Endangered [SCE]), monarch butterfly (Federally Proposed Threatened [FPT]), northwestern pond turtle (FPT, State Species of Special Concern [SSSC]), Suckley’s cuckoo bumble bee (Federally Proposed Endangered [FPE], SCE), North American wolverine (FT, SFP, State Threatened [ST]), (USFWS, 2026).
Review of CNDDB records showed that no special-status wildlife species have been reported in the project site. Two additional wildlife species have been reported within a five-mile radius of the project site since the records search was conducted in 2018: American goshawk (SSSC) and wolverine (FT, ST, SFP) (CDFW, 2026). Review of Bumble Bee Watch records indicates that no special-status bumble bees have been reported within a ten-mile radius of the project site (Xerces, 2026).
Potential Impacts on Special-Status Species
This section focuses on special-status species identified during the updated records search that were not previously addressed in the IS/MND and identifies potential impacts on these species.
California Condor (EPNE, SE, SFP)
The California condor is a permanent resident of the semi-arid, rugged mountain ranges surrounding the southern San Joaquin Valley, including the Coast Range from Santa Clara County south to Los Angeles County, the Traverse Ranges, Tehachapi Mountains, and southern Sierra Nevada. Condors roost on cliffs, large trees, and snags. Nesting habitat includes caves, crevices, behind rock slabs, or on large ledges on high sandstone cliffs. An experimental population (Pacific Northwest NEP) has recently been established in Humboldt County and is currently designated the status Experimental Population, Non-Essential. There is no suitable habitat for California condors in the project site, and the species would not be present. No mitigation measures are required.
Franklin’s Bumble Bee (FE, SCE)
Franklin’s bumble bee has a very limited geographic distribution. The species may be found in Douglas, Josephine, and Jackson counties in Oregon, and in Siskiyou and Trinity counties in California. This species inhabits open grassy coastal prairies and Coast Range meadows from 540 feet to above 7,800 feet in elevation. Important food plants include Lupinus, Agastache, Monardella, and Vicia. The flight season is from mid-May to the end of September. The nesting biology of this species is unknown, but it probably nests in abandoned rodent burrows. Very little is known about overwintering sites utilized by the species. Generally, bumble bees overwinter in soft, disturbed soil, or under leaf litter or other debris.
CNDDB records indicate that Franklin’s bumble bee was reported in 1993 northwest of the City of Mt.
Shasta near Everitt Memorial Highway; the site record indicates that the species is extirpated from this location. Although minimal floral resources are present near the banks of the Sacramento River, work in this area is limited to installing an outfall in an area where the bank is lined with gunite. In the unlikely event that Franklin’s bumble bee is present, because work would occur in previously disturbed areas, and minimal floral resources are present, no mitigation measures are warranted.
Western Bumble Bee (SCE)
Although not identified during the records search, western bumble bees are closely associated with Suckley’s cuckoo bumble bee as further discussed under subheading Suckley’s Cuckoo Bumble Bee below. Western bumble bees are found foraging in meadows and grasslands with abundant floral resources. In California, the species is largely confined to high-elevation sites in the Sierra Nevada and scattered sites on the coast. The flight period is generally from April to late September. Nests 33 are primarily in underground cavities on open west-southwest slopes bordered by trees, although a few aboveground nests have been reported. Very little is known about overwintering sites; however, a 2018 report on the species co-authored by the Xerces Society states that observed overwintering sites were found to be generally two inches deep in a “steep west slope…” CNDDB records indicate that western bumble bees were reported near Lake Siskiyou in 1939. An occurrence in 1960 is broadly mapped near the City of Mt. Shasta. The species was also reported in 1958, 1967, and 1969 in the general vicinity of Ash Creek, about ten miles north of McCloud.
Bumble Bee Watch records show that western bumble bees were observed in two locations in July 2025 adjacent to Everitt Memorial Highway: one location was ~10 miles northeast of the WWTP; the second location was ~12.5 miles northeast of the WWTP. The species was also observed in August 2025 adjacent to Everitt Memorial Highway, ~11.5 miles northeast of the WWTP (Xerces, 2026).
Because improvements would occur in previously disturbed areas with minimal floral resources, there is a very low potential that western bumble bees would be present or adversely affected by project implementation. Therefore, no mitigation measures are warranted.
Suckley’s Cuckoo Bumble Bee (FPE, SCE)
In California, Suckley’s cuckoo bumble bees are limited to the Klamath Mountains. The bee is a social parasite that has only been documented to reproduce successfully in colonies of western bumble bees. Females emerge in late May, forage primarily on species of composites, and search for a suitable host bumble bee nest. Very little is known about overwintering sites utilized by the species, although generally, bumble bee females overwinter in soft, disturbed soil or under leaf litter or other debris. CNDDB records indicate that Suckley’s cuckoo bumble bee was reported in 1958 in the general area of the City of Mt. Shasta. Bumble Bee Watch does not identify any reported sightings of Suckley’s cuckoo bumble bee in California. Given that there is a very low potential for western bumble bees to nest in the project site, Suckley’s cuckoo bumble bees are also not expected to be present. Therefore, no mitigation measures are warranted.
Monarch Butterfly (FPT)
The western population of monarch butterflies overwinters on the California Coast, Baja California, and to some extent the central Mexico mountains. The butterflies leave their winter habitats in February and March, and reach the northern limits of their range in California, Oregon, Washington, Idaho, and Nevada, in early to mid-June. Eggs are laid singly on milkweed plants within their breeding range. Once hatched, larva reach the adult stage in 20 to 35 days; most adults live 2 to 5 weeks. Several generations can be produced within one season, with the last generation beginning migration to their overwintering range in August and September, where they live between 6 and 9 months before migrating north.
Monarch butterflies rely on milkweed plants for reproduction, and on various flowering species for nectar as adults. No milkweeds were observed in the study area during the botanical survey.
Although there are floral resources along the bank of the Sacramento River, no significant vegetation would be removed to accommodate the improvements. Although monarch butterflies may migrate through the area, they would not be affected by project implementation. No mitigation measures are required.
Northwestern Pond Turtle (FPT, SSSC)
Northwestern pond turtles associate with permanent or nearly permanent water in a variety of habitats. This turtle is typically found in quiet water environments. Pond turtles require basking sites such as partially submerged logs, rocks, or open mud banks, and suitable (sandy banks or grassy open fields) upland habitat for egg-laying. Nesting and courtship occur during spring. Nests are generally constructed within 500 feet of a waterbody, but some nests have been found up to 1,200 feet away. Pond turtles leave aquatic sites in the fall and overwinter in uplands nearby. Pond turtles return to aquatic sites in the spring.
34 According to CNDDB records, northwestern
ponds turtles have not been reported in the
stretch of the Sacramento River adjacent to
the WWTP site. The nearest reported
occurrence in the river is ~8 miles southwest
of the WWTP.
As shown in Photo 1, the bank of the river
adjacent to the WWTP is lined with gunite
and does not provide suitable habitat for the
turtle. Although the percolation ponds at the
WWTP may provide habitat for pond turtles,
as shown in Photo 1, the WWTP is
completely fenced, and if turtles were
present in the river, they would not be able
to access the WWTP. Therefore, no
mitigation measures are required.
North American Wolverine (FT, SFP, ST)
Wolverines are dependent on areas in high
mountains, near the tree-line, where conditions are cold year-round and snow cover persists well into the month of May. Female wolverines use birthing dens that are excavated in snow. Persistent, stable snow greater than 1.5 meters deep appears to be a requirement for birthing dens. Birthing dens consist of tunnels that contain well-used runways and bed sites and may naturally incorporate shrubs, rocks, and downed logs as part of their structure. Birthing dens may occur on rocky sites, such as north-facing boulder talus or subalpine cirques. Wolverines are very sensitive to human activities and often abandon den sites in response to human disturbance.
According to CNDDB records, the nearest reported occurrence of wolverines to the WWTP was ~3.5 miles to the southwest on the south-facing slope of Castle Crags, ~1.5 miles west of Castle Dome.
The exact date of the occurrence is unknown, but it was sometime in the 1980s. Due to the level of human disturbance in the area, the WWTP does not provide suitable habitat for wolverines. No mitigation measures are required.
Nesting Birds
As stated in the IS/MND, the project area is located within the Pacific Flyway, and birds are known to nest in and adjacent to the project area. Nesting birds, if present, could be directly or indirectly affected by construction activities. Direct effects could include mortality resulting from removal of a tree/shrub containing an active nest with eggs or chicks. Indirect effects could include nest abandonment by adults in response to loud noise levels or human encroachment, or a reduction in the amount of food available to young birds due to changes in feeding behavior by adults.
As required by MM 4.4.4, the potential for adversely affecting nesting birds will be minimized by conducting construction activities between September 1 and January 31 or conducting pre-construction nesting surveys during the nesting season. No additional mitigation measures are warranted.
Wetlands and Other Jurisdictional Waters
As discussed in the IS/MND, field investigations took place in 2017 to identify wetlands and other waters of the U.S. and State in the original project area. The field investigations were conducted in accordance with technical methods outlined in the Corps of Engineers Wetlands Delineation Manual (U.S.
Department of the Army, Corps of Engineers, 1987), Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE, 2008), and the Field Guide to the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE, 2008).
Photo 1. Sacramento River at new outfall location, facing north. 35 As a result of the field delineation effort, only one water of the U.S. was identified in the biological survey area: ~3.02 acres of a perennial stream (Sacramento River) (see Figure 4.4-1 in the IS/MND, included in Appendix A). As analyzed in the IS/MND, outfall improvements would temporarily impact the Sacramento River. It is anticipated that the project qualifies for a USACE Nationwide Permit (NWP) 7 (Outfall Structures and Associated Intake Structures). General conditions of the NWP require that temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated as appropriate. Compliance with the general conditions of the NWP ensures that no permanent impacts to jurisdictional waters occur. In addition, under CWA Section 401, an activity requiring a USACE permit is also subject to a State Water Quality Certification (or waiver) to ensure that the activity will not violate established State water quality standards.
These permits will be obtained prior to commencement of construction. The City’s bid specifications and contract documents will specify that the contractor must comply with the terms and conditions outlined in the permits. Compliance with regulatory agency permits ensures that impacts to wetlands and other waters are less than significant.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur due to project implementation. No additional mitigation measures are required.
4.5 Cultural Resources and Tribal Cultural Resources
As documented in the IS/MND, the approved project would have less-than-significant impacts on cultural and tribal cultural resources with implementation of the following mitigation measures:
MM 4.5.1 In the event of any inadvertent discovery of archaeological or paleontological resources (i.e., burnt animal bone, midden soils, projectile points or other humanly modified lithics, historical artifacts, fossils, etc.), all such finds shall be subject to PRC §21083.2 and CEQA Guidelines §15064.5. Procedures for inadvertent discovery include the following:
a. If the find is an archaeological resource, all work within 50 feet of the find shall be halted until a professional archaeologist can evaluate the significance of the find in accordance with NRHP and CRHR criteria.
b. If the find is a paleontological resource, all work within 50 feet of the find shall be halted until a professional paleontologist can evaluate the significance of the resource. c. If any find is determined to be significant by the archaeologist, or paleontologist as appropriate, then representatives of the City shall meet with the archaeologist, or paleontologist, to determine the appropriate course of action. If necessary, a Treatment Plan prepared by an archeologist (or paleontologist), outlining recovery of the resource, analysis, and reporting of the find shall be prepared. The Treatment Plan shall be reviewed and approved by the City prior to resuming construction.
MM 4.5.2 In the event that human remains are encountered during construction activities, the City shall comply with §15064.5 (e) (1) of the CEQA Guidelines and PRC §7050.5. All project-related ground disturbance within 100 feet of the find shall be halted until the County coroner has been notified. If the coroner determines that the remains are Native American, the coroner will notify the NAHC to identify the most likely descendants of the deceased Native Americans. Project-related ground disturbance in the vicinity of the find shall not resume until the process detailed in §15064.5 (e) has been completed. 36 A Cultural Resources Inventory (CRI) Report was completed by ENPLAN (now Catalyst) in July 2019.
The study area for cultural resources included all areas in which the modified improvements would occur.
The study included a records search, Native American consultation, and field evaluation.
The record search revealed that 15 archaeological surveys have previously been conducted and there are seven previously recorded historical sites within a 1/2-mile radius of the APE, none of which were within the WWTP site. During the Native American consultation process for the original project, no concerns were reported by any Native American representative or organization.
Cultural field surveys were conducted on June 11 and 27, 2018, during which the entire APE was surveyed. As a result of the field surveys, the WWTP was identified as a historical-era property because it was originally constructed over 50 years ago. The CRI included an evaluation by Judith Marvin, Historian and Architectural Historian, to determine whether the WWTP is eligible for listing in the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR). The evaluation was based on National Register Bulletin No. 15 (Andrus and Shrimpton, 2002) and guidance provided by the California Office of Historic Preservation (OHP, 2018). Ms. Marvin concluded that the Dunsmuir WWTP does not meet any of the criteria for listing in the NRHP or CRHR.
In 2019, the WWTP property was proposed for use as a staging area for the City’s water main replacement project. Attached as Appendix D is a February 5, 2020, letter from the State Historic Preservation Officer concurring that the WWTP is not eligible for listing on the NRHP under any of the four criteria. This determination was made based on documentation included in the CRI for the WWTP project.
According to the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS, n.d.), the soil type in which the modified improvements would occur is Stoner gravelly sandy loam, 2 to 15 percent slopes, which dates to the Pre-Quaternary (over 1.9 million years ago). Pre-Quaternary-age soils are too old and generally too erosional to harbor buried cultural resources (Meyer, 2013). However, as with the approved project, there is always some potential for buried historic and prehistoric cultural resources to be discovered during earth-disturbing activities. The project is subject to the adopted mitigation measures, MM 4.5.1 and 4.5.2, which address the inadvertent discovery of cultural resources and human remains.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No additional mitigation measures are required.
4.6 Geology and Soils
As documented in the IS/MND, the approved project would have less-than-significant impacts related to geology and soils and no mitigation measures were necessary.
The modified improvements are located within the original study area; therefore, potential risks related to seismic ground shaking or ground failure would be similar to risks associated with the approved project.
As stated in the IS/MND, improvement plans for the project will be prepared by a licensed engineer to ensure that applicable seismic design criteria are incorporated into the project plans. The plans will also incorporate any necessary measures to minimize potential risks associated with geologic conditions on the site. In addition, as further discussed in Section 4.9 (Hydrology and Water Quality), potential impacts associated with erosion would be addressed with implementation of Best Management Practices (BMPs).
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required. 37 4.7 Greenhouse Gas Emissions/Energy
As documented in the IS/MND, the approved project would have less-than-significant impacts related to greenhouse gas (GHG) emissions, and no mitigation measures were necessary.
As stated in the IS/MND, neither Shasta County nor Siskiyou County have adopted thresholds of significance for GHG emissions. Because there are no local quantitative GHG thresholds, predicted GHG emissions for the original project were compared to thresholds established by the Bay Area Air Quality Management District and Sacramento Metropolitan Air Quality Management District: 1,100 metric tons of CO2e per year for construction emissions, and 1,100 metric tons of CO2e per year for operational emissions
Emissions associated with the original project were estimated using Version 2016.3.2 of the California Emissions Estimator Model (CalEEMod). Emissions for the modified improvements were estimated using CalEEMod Version 2022.1.1.41. Output files, as well as site-specific inputs and assumptions, are provided in Appendix B.
Construction GHG Emissions
Construction of the modified project would emit GHG emissions as shown in Table 4.7-1, primarily from the combustion of diesel fuel in heavy equipment.
TABLE 4.7-1
Construction-Related Greenhouse Gas Emissions
Maximum Emissions (Total Metric Tons per Year)
Year Carbon Dioxide
(CO2)
Methane
(CH4)
Nitrous Oxide
(N2O)
Refrigerants
(R)
Carbon Dioxide
Equivalent
(CO2e)
2027 184.49 0.007 0.002 0.004 185.21
2028 105.22 0.004 0.001 0.003 105.63
Total 289.71 0.011 0.003 0.007 290.84
Operational GHG Emissions
Table 4.7-2 shows the estimated highest daily levels of operational emissions for the modified project by source. Mobile sources include on-road motor vehicles and off-road engines and equipment used for maintenance activities. Area sources include consumer products, architectural coatings, and road dust. Energy sources include electricity generated from fossil fuels (indirect emissions) that is used to operate pumps, motors, the new buildings, etc. Reporting under Water includes increased demand associated with the new office building and processes. Solid waste includes increased solid waste generation associated with the project. Refrigerants include those used in vehicles and cooling systems. Stationary sources include the emergency back-up generator.
Construction emissions are amortized over a 30-year period, which is considered the minimum service life of the project, and added to the operational emissions. 38 TABLE 4.7-2
Estimated Annual Operational Greenhouse Gas Emissions
Total Operational Emissions (Metric Tons/Year)
Source Carbon Dioxide
(CO2)
Methane
(CH4)
Nitrous Oxide
(N2O)
Refrigerants
(Type of
HFCs)
Carbon
Dioxide
Equivalent
(CO2e)
Mobile 46.63 0.002 0.002 0.06 47.45
Area 0.06 0 0 0 0.06
Energy 33.20 0.002 Trace 0 33.29
Water 1.19 0.03 Trace 0 2.06
Solid Waste 0.39 0.04 0 0 1.38
Refrigerants 0 0 0 0.09 0.09
Stationary 10.42 Trace Trace 0 10.46
Amortized
Construction
Emissions
9.66 Trace Trace Trace 9.70
Total 101.55 0.0744 0.003 0.15 104.49
Source: CalEEMod, 2026. Note: Totals may not add due to rounding.
Because CO2e associated with construction of the modified project would not exceed the referenced threshold of 1,100 metric tons/year, impacts during construction would remain less than significant.
Energy
The IS/MND was prepared prior to revisions to the CEQA Guidelines that require analysis of a project’s potential impacts related to energy. Therefore, the following analysis is provided.
Energy consumption during construction would occur primarily from the use of fuels for construction equipment and haul trucks, and construction workers traveling to and from the work site. The project would be required to comply with applicable State regulations that were enacted to reduce impacts associated with energy use during construction. This includes the In-Use Off-Road Diesel-Fueled Fleets Regulation, which applies to off-road heavy-duty diesel vehicles in California, including vehicles used in construction.
The regulation imposes limits on idling, restricts adding older vehicles into fleets, and requires that fleet owners retire, replace, repower, or retrofit older engines. Additional requirements, including the requirement to use renewable diesel fuel in off-road diesel vehicles, are being phased in starting in 2024 through 2036 (CARB, n.d.b.).
Beginning January 1, 2024, the updated regulations require the use of renewable diesel (99 or 100 percent renewable) in vehicles that are subject to the regulation, subject to certain exemptions. In addition, as of January 1, 2024, public agencies that award or enter into contracts for public works projects must obtain fleet Certificates of Reported Compliance prior to awarding public works contracts.
39 These requirements ensure that only compliant fleets are being used on public works projects. CARB estimates that from 2024 through 2038, the amendments will generate an additional reduction above and beyond the current regulation of approximately 31,218 tons of NOX and 2,729 tons of PM2.5 (CARB, 2022). About half of those additional reductions are expected to be realized within the first five years of implementation.
Power would be provided to the project by PacificPower. The project would result in an increase in energy use due to electricity used to operate the new facilities.
Design of the project would be in conformance with applicable sections of the California Building Standards Code, including the California Energy Code, also known as the State’s Energy Efficiency Standards. These standards include mandatory measures related to building envelopes, mechanical systems, indoor and outdoor lighting, and electrical power distribution, which would reduce energy consumption. In addition, the California Green Building Code (CALGreen) requires new buildings to comply with mandatory measures related to planning and design, energy efficiency, water efficiency/ conservation, material conservation, resource efficiency, and environmental quality. Although it was adopted as part of the State’s efforts to reduce GHG emissions, the CALGreen Code has the added benefit of reducing energy consumption from residential and nonresidential buildings that are subject to the Code.
The use of fuel-efficient equipment during construction, compliance with State building codes, and installation of energy efficient equipment and facilities ensures that energy use associated with the project would not be wasteful, inefficient, or unnecessary, and that the project would not conflict with or obstruct a plan for renewable energy or energy efficiency. Therefore, impacts associated with energy use would be less than significant.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required.
4.8 Hazards and Hazardous Materials
As documented in the IS/MND, the approved project would have less-than-significant impacts related to hazards and hazardous materials with implementation of the following mitigation measure:
MM 4.8.1 During construction, all areas in which work will be completed using spark-producing equipment shall be cleared of dried vegetation or other materials that could serve as fire fuel.
To the extent feasible, the contractor shall keep these areas clear of combustible materials in order to maintain a fire break.
A review of Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB) records revealed that there are no active hazardous waste clean-up sites within a one-mile radius of the modified improvements (California Environmental Protection Agency, n.d.).
As discussed in the IS/MND, the current WWTP utilizes a chlorine disinfection process which requires the transport, storage, and use of chlorine gas and sulfur dioxide gas. Because these are hazardous substances, the City is limited to how much they can store on site. The City considered sodium hypochlorite disinfection in lieu of chlorine gas, which would require bulk delivery of 12.5% sodium hypochlorite; however, this concentration is classified as a hazardous chemical. The City determined that an on-site sodium hypochlorite generation system (OSHG), which produces hypochlorite at nonhazardous concentrations (less than 1% sodium hypochlorite) is the preferred option.
Because sodium hypochlorite is a chlorine-based compound, the City would still need to dechlorinate the treated effluent prior to discharge to the river. The City currently uses sulfur dioxide gas in 150-pound cylinders to dechlorinate effluent. The modified project includes switching from sulfur dioxide to sodium 40 bisulfite for dechlorination. Sodium bisulfate would be stored in a new storage tank with a secondary containment system. The transport, storage, and use of sodium bisulfite would be conducted in accordance with applicable federal, State, and local regulations. In addition, as stated in the IS/MND, project construction would involve use of relatively small quantities of materials such as diesel, gasoline, oils, and other engine fluids. However, existing State standards govern the transport, use, and disposal of hazardous materials.
The modified project does not involve a use or activity that could interfere with long-term emergency response or emergency evacuation plans for the area. The modified project does not include any development or improvements that would increase the long-term risk of wildfire or expose people to wildland fires. Implementation of MM 4.8.1 ensures that impacts are less than significant.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No additional mitigation measures are required.
4.9 Hydrology and Water Quality
As documented in the IS/MND, the approved project would have less-than-significant impacts related to hydrology and water quality, and no mitigation measures were necessary.
The discharge of wastewater from the WWTP is regulated by SWRCB Order No. R5-2024-0009 (NPDES No. CA0078441), Waste Discharge Requirements [WDRs] for the City of Dunsmuir Wastewater Treatment Plant, Shasta and Siskiyou Counties.
Following adoption of the MND, the City received five Notices of Violation (NOV) for exceedances of biochemical oxygen demand (BOD), total suspended solids (TSS), ammonia, total nitrogen (including ammonia and nitrate), coliform, disinfection by-products, and pH as identified in the NPDES permit. The modified improvements at the WWTP site need to be completed in order to correct existing system deficiencies and ensure compliance with the WWTP’s NPDES permit requirements.
The NPDES permit incorporates the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan), which designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters addressed through the Basin Plan. The permit includes receiving water limitations to protect water quality in the Sacramento River. The Permit also includes stringent monitoring and reporting requirements to ensure that the project does not violate any water quality standards or WDRs. The project includes installation of new groundwater monitoring wells to ensure compliance with the NPDES permit.
In addition to WDRs specific to the WWTP, discharges from construction sites that disturb one acre or more of total land area are subject to the NPDES permit for Discharges of Storm Water Runoff associated with Construction Activity (currently Order No. 2022-0057-DWQ), also known as the Construction General Permit. The permitting process requires the development and implementation of an effective Storm Water Pollution Prevention Plan (SWPPP). Coverage under the Construction General Permit is obtained by submitting a Notice of Intent (NOI) to the SWRCB and preparing the SWPPP prior to commencement of construction. The SWPPP must include Best Management Practices (BMPs) to reduce pollutants and any more stringent controls necessary to meet water quality standards. Dischargers must also comply with water quality objectives as defined in the applicable Basin Plan.
The Construction General Permit includes post-construction requirements for areas in the State not covered by a Standard Urban Storm Water Management Plan (SUSWMP) or a Phase I or Phase II Municipal Separate Storm Sewer System (MS4) Permit, which includes the City of Dunsmuir. These requirements are intended to ensure that the post-construction conditions at the project site do not cause or contribute to direct or indirect water quality impacts (i.e., pollution and/or hydromodification) upstream or downstream.
41 The SWPPP submitted to the SWRCB with the NOI must include a description of all post-construction stormwater management measures. The SWRCB Stormwater Multiple Application and Report Tracking System (SMARTS) post-construction calculator or similar method would be used to quantify the runoff reduction resulting from implementation of the measures. The applicant must also submit a plan for longterm maintenance with the NOI. The maintenance plan must be designed for a minimum of five years and must describe the procedures to ensure that the post-construction stormwater management measures are adequately maintained.
Construction of the additional improvements, primarily the new office/laboratory building, dechlorination building, solids handling building, and lift station would increase the amount of impervious surfaces above what was addressed in the IS/MND. The addition of impervious surface would decrease the area available for water penetration, thereby reducing local groundwater recharge potential; however, the increase in impervious surface represents a very small percentage of the entire surface area of the hydrologic region. Runoff would be directed to areas with pervious surface that would continue to provide for groundwater recharge.
According to the California Department of Water Resources, the project site is not located within a designated medium- or high-priority groundwater basin; therefore, the project is not subject to a sustainable groundwater management plan.
As shown in Figure 4.9-1 in the IS/MND, and described on Pages 77 and 78, the northern and western areas of the project site are located within the 100-year flood hazard zone of the Sacramento River (FEMA, n.d.).
The approved project includes the following improvements within the designated flood hazard zone: new selector/headworks; 300 feet of influent line; three groundwater monitoring wells, a discharge line to the existing outfall, and a new outfall.
The modified project includes the following additional improvements within the designated flood hazard zone: demolition of a ~650 square-foot building and construction of a new ~1,900 office building in the same location; a new ~240 square-foot dichlorination building; and raising the dikes of percolation pond 3 and a portion of percolation pond 4.
As stated in the IS/MND, Siskiyou County Code Chapter 10 (Flood Damage Prevention) and Shasta County Code Chapter 17.70, Restrictive Flood (F-2) District include standards to minimize or avoid hazards to life and property from flooding (Siskiyou County, 2025; Shasta County, 2026). Because both the Shasta County and Siskiyou County Codes are based on the California Department of Water Resources Model Floodplain Management Ordinance for Non-Coastal Communities (December 2006), both counties have similar site development standards for development in a floodplain.
These standards require that every structure in a floodplain be designed and anchored to prevent flotation, collapse, or lateral movement of the structure due to flooding. In addition, all construction materials must be resistant to flood damage, and all public utilities must be located and constructed to minimize flood damage.
As is the case with the approved project, although some of the modified improvements would occur within a 100-year flood hazard zone, improvement and construction plans for the modified project would be prepared by a licensed engineer to ensure compliance with applicable State and local standards for development in the floodplain. Implementation of BMPs and compliance with standards for development in a floodplain minimizes potential risks associated with the release of pollutants due to flooding.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required. 42 4.10 Land Use and Planning
As documented in the IS/MND, the approved project would have less-than-significant impacts related to land use and planning, and no mitigation measures were necessary.
As documented herein, the modified improvements would not result in significant impacts on the environment with implementation of the adopted mitigation measures. Therefore, the project would not conflict with land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No additional mitigation measures are required.
4.11 Mineral Resources
As documented in the IS/MND, the approved project would have no impact on mineral resources, and no mitigation measures were necessary.
As discussed in the IS/MND, a SMARA mineral land classification study was conducted for Shasta County in 1997 (Department of Conservation, n.d.). According to the study, there were 72 MRZs in the County at that time, including areas in the northwestern portion of Shasta County that contain alluvial aggregate of undetermined mineral resource significance (Dupras, 1997). However, there are no known active mines or MRZs in or adjacent to the project site. Therefore, the proposed modified improvements would not result in adverse impacts on mineral resources.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required.
4.12 Noise
As documented in the IS/MND, the approved project would have less-than-significant impacts related to noise impacts with implementation of the following mitigation measures:
MM 4.12.1 Construction activities shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Exceptions to these limitations may be approved by the City’s Public Works Director or his/her designee for activities that require interruption of utility services to allow work during low demand periods, or to alleviate traffic congestion and safety hazards.
MM 4.12.2 Construction equipment shall be properly maintained and equipped with noise-reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers’ recommendations. Equipment engine shrouds shall be closed during equipment operation.
MM 4.12.3 When not in use, motorized construction equipment shall not be left idling for more than five minutes.
MM 4.12.4 Stationary equipment (generators, compressors, etc.) shall be located at the furthest practical distance from nearby noise-sensitive land uses. If necessary, noise attenuation measures sufficient to achieve compliance with the City of Dunsmuir General Plan Noise Element shall be implemented.
As is the case with the approved project, the closest sensitive receptors to the WWTP work areas are a single-family residence ~300 feet southwest of the proposed outfall improvements in the Sacramento 43 River; a single-family residence ~200 feet west of the most western improvements; and residences in the River Wood Mobile Estates, ~500 feet north of the most northern improvements.
As discussed in the IS/MND, the new headworks/selector has the potential to increase operational noise levels above existing levels. The modified project includes additional noise-generating equipment throughout the WWTP site; however, the additional equipment would be located within the new office/laboratory building, new solids handling building, new dechlorination building, and new lift station. In addition, the new equipment would not be closer to sensitive receptors than the existing WWTP equipment
The purpose of the modified project is to replace aging infrastructure and address existing deficiencies at the WWTP that need to be resolved to correct wastewater system deficiencies. The new mechanical equipment would run more efficiently and generate less noise than the existing equipment. In addition, converting the WWTP to sodium hypochlorite disinfection would result in a decrease in noise from truck traffic related to the delivery of chlorine and other chemicals associated with the current treatment system.
Therefore, operational impacts would remain less than significant.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No additional mitigation measures are required.
4.13 Population and Housing, Public Services, and Recreation As documented in the IS/MND, the approved project would have no impact related to population and housing, public services, and recreation, and no mitigation measures were necessary.
Although some existing residences currently served with private septic systems have expressed interest in connecting to the City’s sewer system, upgrades to the WWTP are not expected to induce unplanned new development in the area in a manner that would result in the need for additional public services or recreational facilities.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required.
4.14 Transportation
As documented in the IS/MND, the approved project would have no impacts related to transportation, and no mitigation measures were necessary.
The modified project would not cause a permanent increase in traffic or vehicle miles traveled (VMT) in the area; would not remove or change the location of any sidewalk, bicycle lane, trail, or public transportation facility; or conflict with adopted policies, plans or programs related to alternative transportation.
As discussed in the IS/MND, although a temporary increase in traffic could occur during construction, construction-related traffic would be minor due to the overall scale of the construction activities. In addition, the modified project does not include work in the public road ROW that would impede traffic or result in hazards due to incompatible uses. The modified project does not involve a use or activity that could interfere with long-term emergency response or emergency evacuation plans for the area.
Because no long-term impacts to the circulation system or a permanent increase in VMT would occur, and safety measures would be employed to safeguard travel by the general public and emergency response vehicles during construction, impacts would remain less than significant. 44 Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required.
4.15 Utilities and Service Systems
As documented in the IS/MND, the approved project would have less-than-significant impacts related to utilities and service systems, and no mitigation measures were necessary.
Other than the improvements analyzed in this Addendum, the modified improvements to the existing WWTP would not require the relocation or expansion of utility infrastructure, would not increase demands for potable water, and would not require the expansion of solid waste disposal facilities.
Determination:
No new significant environmental effects, or a substantial increase in the severity of previously identified significant effects, would occur. No mitigation measures are required.
4.16 Wildfire
The IS/MND was prepared prior to revisions to the CEQA Guidelines that require analysis of a project’s potential impacts related to wildfire. Therefore, the following analysis is provided.
According to the California Department of Forestry and Fire Protection (CAL FIRE), the majority of the modified improvements would occur within a State Responsibility Area (SRA) Very High Fire Hazard Severity Zone (FHSZ) (CAL FIRE, n.d.; Shasta County, 2025).
The modified project does not involve a use or activity that could interfere with long-term emergency response or emergency evacuation plans for the area. Improvements would be completed in previously disturbed areas, and there are no factors such as slope, dense vegetation, or prevailing winds that would exacerbate wildfire risks in the area.
Construction activities are subject to Chapter 33 of the California Fire Code (Fire Safety During Construction and Demolition), which includes minimum safeguards that must be implemented during construction to protect adjacent properties and structures from fire. Vehicle access to the construction site for fire department personnel must be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. In addition, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) includes standards for new construction in WildlandUrban Interface (WUI) Fire Areas, which includes areas in SRA Very High FHSZs. The purpose of Chapter 7A is to prevent a building from being ignited by flying embers, and to contribute to a systematic reduction in fire-related losses through the use of performance and prescriptive requirements.
The severity of post-fire risks is based on several factors, including the intensity of the fire, the slope and stability of the burned area, physical properties of the soils, and the intensity of post-fire precipitation.
The project site is not located in a burn scar area and does not have any components that would expose people to significant post-fire risks.
As stated in Section 4.9 (Hydrology and Water Quality), although some of the modified improvements would occur within a 100-year flood hazard zone, improvement and construction plans for the modified project would be prepared by a licensed engineer to ensure compliance with applicable State and local standards for development in the floodplain. The project is also subject to provisions of the SWRCB Construction General Permit, which includes post-construction requirements to ensure that the postconstruction conditions at the project site do not cause or contribute to direct or indirect impacts upstream or downstream.
45 Therefore, the potential for post-fire impacts would be less than significant. The modified project does not include any development or improvements that would increase the long-term risk of wildfire or expose people to wildland fires.
Determination:
As documented above, the project would not result in increased risks of wildfire in the long term and would not expose people or structures to risks associated with downslope or downstream flooding or landslides that could result from increased runoff, post-fire slope instability, or drainage changes. Impacts would be less than significant and no mitigation measures are required.
4.17 Mandatory Findings of Significance
As documented above, the modified project improvements shown in Figure 2 would not result in impacts beyond those identified in the IS/MND. Applicable mitigation measures that were adopted for the original project extend to the modified project and are included as conditions of project approval, and the City is responsible for ensuring their implementation. Therefore, the modified project would not have a significant adverse impact on the environment. No additional mitigation measures are required.
SECTION 5. DETERMINATION
Based on substantial evidence documented in this Addendum, the City of Dunsmuir, as lead agency, has determined that the proposed modifications would not change the conclusions in the adopted MND. The modified project would meet the same objective of replacing aging infrastructure to correct existing system deficiencies and ensure compliance with effluent limitations for the WWTP. No new potentially significant impacts would occur, and the modified project would not increase the severity of previously identified potentially significant impacts.
None of the conditions described in Section 15162 of the CEQA Guidelines apply to the project as amended, and the proposed revisions to the project necessitate only minor technical changes or additions to the previously adopted MND. Therefore, preparation of an Addendum to the adopted MND provides an appropriate level of environmental review for the modified WWTP improvements. 46 SECTION 6. REFERENCES
California Air Resources Board (CARB). n.d.a. Maps of State and Federal Area Designations. https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations. Accessed April 2026.
_____. n.d.b. In-Use Off-Road Diesel-Fueled Fleets Regulation. https://ww2.arb.ca.gov/ourwork/programs/use-road-diesel-fueled-fleets-regulation. Accessed April 2026.
California Department of Conservation (DOC). n.d. California Geological Survey. Mineral Land Classification Maps. https://maps.conservation.ca.gov/cgs/minerals/?page=All-Data. Accessed April 2026.
California Department of Fish and Wildlife (CDFW). 2026. California Natural Diversity Database (CNDDB). https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data. Accessed April 2026.
California Department of Forestry and Fire Protection (CAL FIRE). n.d. Fire Hazard Severity Zones. https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazardseverity-zones. Accessed April 2026.
California Environmental Protection Agency. n.d. Cortese List Data Resources. https://calepa.ca.gov/sitecleanup/corteselist/. Accessed April 2026.
California Native Plant Society (CNPS). 2026. CNPS Rare Plant Program (online edition, v9.5.1). www.rareplants.cnps.org. Accessed April 2026.
California Office of Historic Preservation. 2011. Technical Assistance Series #6, California Register and National Register: A Comparison (for purposes of determining eligibility for the California Register).
https://ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%202011%20upd ate.pdf. Accessed April 2026.
Dupras, D.L. 1997. Mineral Land Classification of Alluvial Sand and Gravel, Crushed Stone, Volcanic Cinders, Limestone, and Diatomite within Shasta County, California. https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed April 2026.
Federal Emergency Management Agency (FEMA). n.d. National Flood Hazard Map (Panel 06093C3441D, effective January 19, 2011). https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd.
Accessed April 2026.
Meyer, J. 2013. A Geoarchaeological Overview and Assessment of Northeast California: Cultural Resources Inventory of Caltrans District 2 Rural Conventional Highways: Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity Counties, Vols. 1-2. Far Western Anthropological Research Group, Inc. Report on file at Caltrans District 2 Office, Redding, California.
Sacramento Valley Air Quality Engineering and Enforcement Professionals (SVAQEEP). 2021.
Northern Sacramento Valley Planning Area 2021 Triennial Air Quality Attainment Plan. https://www.airquality.org/SVBAPCC/Documents/Northern%20Sacramento%20Valley%20Air%20Qua lity%20Plan%202021.pdf. Accessed April 2026.
Shasta County. 2026. Shasta County Code, Chapter 17 (Zoning). https://library.municode.com/ca/shasta_county/codes/code. Accessed April 2026. ____. 2025. Fire Hazard Severity Zones. https://www.shastacounty.gov/fire/page/fire-hazardseverity-zones. Accessed April 2026. ____. 2004. Shasta County General Plan, Chapter 6.5 (Air Quality). https://www.shastacounty.gov/planning/page/general-plan. Accessed April 2026.
Shasta County Air Quality Management District (SCAQMD). 2013. Air Quality Management District Rules https://ww2.arb.ca.gov/current-air-district-rules. Accessed April 2026. 47 Siskiyou County. 2025. Shasta County Code, Chapter 10 (Floodplain Management Regulations). https://library.municode.com/ca/siskiyou_county/codes/code_of_ordinances?nodeId=TIT10PLZO_CH 10FLMARE. Accessed April 2026.
The Xerces Society, Wildlife Preservation Canada, York University, University of Ottawa, The Montreal Insectarium, The London Natural History Museum, BeeSpotter. 2026. Data accessed from Bumble Bee Watch, a collaborative website to track and conserve North America’s bumble bees. https://www.bumblebeewatch.org/. Accessed April 2026.
U.S. Department of Agriculture, Natural Resources Conservation Service. n.d. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed April 2026.
U.S. Department of the Army, Corps of Engineers (USACE). 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. National Technical Information Service, Springfield, Virginia. Accessed April 2026.
_____. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. U.S. Army Engineer Research and Development Center, Vicksburg, MS. Accessed April 2026.
_____. 2014. A Guide to Ordinary High Water Mark (OHWM) Delineation for Non-Perennial Streams in the Western Mountains, Valleys, and Coast Region of the United States. https://erdclibrary.erdc.dren.mil/items/81b728f7-6a87-4ef8-e053-411ac80adeb3. Accessed April 2026.
U.S. Fish and Wildlife Service (USFWS). 2026. Information, Planning and Conservation System (iPaC) Official Species List. https://ipac.ecosphere.fws.gov/. Accessed April 2026. 48
City of Dunsmuir
STAFF REPORT
RE: Authorize current Banner Bank signers to authorize transfer of funds to Mechanics Bank
MEETING DATE: 5/7/26
SUBMITTED BY: City Treasurer and Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Transfer money held at Banner Bank to Mechanics Bank BACKGROUND/DISCUSSION: The City has 2 Certificate of Deposit accounts and 1 Savings account at Banner Bank. There are 2 current council members authorized at Banner. The interest rate is better at Mechanics Bank, all council members and the City Treasurer are authorized at Mechanics Bank, and managing money between accounts at Mechanics are reasons to authorize the movement of money from Banner to Mechanics.
OPTIONS: Authorize the movement of money from Banner to Mechanics. Keep the money at Banner but direct Treasurer to obtain better interest rate accounts, which needs council to motion to remove all signers and add current council and Treasurer.
FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:
Affected fund(s): General Fund Water Fund Sewer Fund Other:
Comments:
SUGGESTED MOTIONS: via consent - Motion to authorize and direct current signers of Banner Bank to move money to new accounts held at Mechanics Bank
Attachments:
49 CITY OF DUNSMUIR
STAFF REPORT TO CITY COUNCIL
May 7, 2026
CANNABIS LOUNGE REGULATIONS
SUMMARY: City Council asked staff to make amendments to the Dunsmuir Municipal Code (“DMC”) to permit cannabis consumption lounges within the City. A cannabis consumption lounge is a licensed commercial establishment where clients of a cannabis dispensary can legally consume cannabis products on-site. Often described as a "cannabis bar" or café, these venues provide a safe, social environment for smoking, vaping, and eating cannabis edibles.
Staff has prepared two ordinances for Council consideration and adoption:
1. Ordinance 583-proposing amendments to DMC Chapter 17.08 and Chapter 17.108 to permit cannabis consumption lounges within the City.
2. Ordinance 584-repealing and replacing DMC Chapter 5.05 to regulate commercial cannabis activities within the City.
OVERVIEW
BACKGROUND: On April 8, 2026, the Planning Commission conducted a public hearing and adopted Resolution PC 2026-02 recommending that the Council adopt Ordinance 583 (containing the amendments to the Zoning Code). This action was made on a vote of 4 commissioners approving, 2 commissioners dissenting and 1 commissioner absent. This recommendation was made in accordance with Section 17.136.040 of the Zoning Code which provides for Commission recommendation for Zoning Code amendments. In addition, the Commission reviewed proposed amendments to the business regulations chapter of the DMC concerning commercial cannabis. This action of the Planning Commission is reflected in Planning Commission Resolution PC 2025-02 (see Attachment 3).
The City’s current regulations concerning commercial cannabis are found in DMC Chapters 5.05 (Regulation of Commercial Cannabis Activities) and 17.08 (Definitions), and 17.108 (Permitted Uses). The proposed amendments would only permit cannabis consumption lounges to operate within permitted dispensaries, so there would only be a maximum of three in the City (Section
5.05.050 of the DMC sets the maximum number of dispensaries permitted citywide). Although outside the Planning Commission’s regulatory purview/authority, recommendations made by the Commission on these regulations may be considered by the Council. Draft minutes of this meeting are included in this report as Attachment 4 (also see Public Review discussion below).
Currently, there is only one operating dispensary in town, Al’s Depot & Emporium, located at 4116 Pine Street. Under the proposed amended regulations (Ordinance 593), this business could apply for a conditional use permit and potentially operate a lounge as part of the dispensary. New dispensaries in the City could also apply for a conditional use permit to operate a lounge concurrently with their proposal for a dispensary. 50 ATTACHMENTS:
1. Ordinance 583; an Ordinance of the City Council of the City of Dunsmuir Amending Dunsmuir Municipal Code Chapter 17.08 (Definitions) and 17.108 (Uses Permitted) to Allow Commercial Cannabis Lounges within Cannabis Dispensaries Subject to First Obtaining a Conditional Use Permit from the City.
2. Ordinance 584; an Ordinance of the City Council of the City of Dunsmuir Repealing and Replacing in its Entirety Chapter 5.05 of Title 5 of the Dunsmuir Municipal Code Relating to Regulation of Commercial Cannabis Activities.
3. Planning Commission Resolution No. PC 2026-02.
4. Planning Commission Draft Minutes of their April 8, 2026, meeting.
5. Redline Version of Proposed Amendments to DMC Sections 17.08.580, 17.08.2010 and
17.108.050.
6. Dunsmuir Zoning Map.
7. Redline Version of Proposed Amendments to DMC Chapter 5.05.
ZONING CODE AMENDMENTS ANALYSIS (Ordinance 583): Under the proposed regulations, lounges would be restricted to the following zoning districts where dispensaries are already permitted, subject to obtaining a conditional use permit. Lounges are only permitted when they are an accessory use to the dispensary, and must be smaller in size than the dispensary:
MU-2 (Neighborhood Mixed Use)
MU-3 (Central Mixed Use)
T-C (Town Center)
S-C (Service Commercial)
L-M (Light Manufacturing)
M (Manufacturing)
Please see Attachment 3, “Dunsmuir Zoning Map,” which shows locations within the City that could accommodate lounges/dispensaries by zone district.
To permit lounges, certain chapters of the Zoning Code must be amended, including:
1. Chapter 17.08 (“Definitions”) regarding commercial cannabis businesses and restricted retail sales to clarify that, with certain limitations, lounges are allowed within a dispensary.
2. Chapter 17.108.050 (“Uses Permitted”) to allow lounges within dispensaries.
The redline version of proposed amendments to the Zoning Code are presented in Attachment
5. The Planning Commission’s responsibility under the new regulations would be reviewing conditional use permit applications to assure (through conditional approval or denial) that lounges, similar to dispensaries, operate in harmony with the neighborhood, consistent with Section 17.88.060 of the Zoning Code, which states “the proposed use will not be ‘materially detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the city.’” CANNABIS REGULATORY AMENDMENTS ANALYSIS (Ordinance 584): Working hand in hand with the proposed zoning amendments, Ordinance 584 would repeal and replace DMC Chapter 5.05, Commercial Cannabis Activities. A redlined copy of DMC Chapter 5.05 can be reviewed in a in Attachment 7 of this report.
In summary, the main changes in the proposed amendments are as follows:
1. Defines cannabis consumption lounge in Section 5.05.030. 51 2. Amends operational standards to regulate lounges (see Section 5.05.145 -Additional operational standards for cannabis consumption lounges) a. Defines Type 1 and Type 2 lounges.
b. Restricts size of lounge to no more than 1,500 square feet or 50% of the size of the dispensary (assuring it is accessory to the main dispensary).
3. Requires separation between dispensary and lounge.
4. Provides for sign restrictions.
5. Requires separate management plan.
6. Regulates operator and client conduct.
In addition to regulations addressing cannabis lounges, proposed changes include the following:
7. Allows the City Manager to approve assignments/changes in operators and renewals of commercial cannabis business permits in Section 5.05.070 commercial cannabis business permit required.
8. Other minor clarifying amendments are proposed to improve reading of the ordinance.
GENERAL PLAN CONSISTENCY: The proposed zoning amendments to the DMC are consistent with the General Plan and particularly goals, policies, and implementation measures from the Land Use Element including:
GOAL LU-2: - A sufficient mix and quantity of land uses to serve the needs of the community.
Objective: The City wishes to ensure that a sufficient variety of land uses are available to meet the housing, employment, service and social needs of the existing and future population.
Policy LU-2.1: The City shall provide for a compatible mix and quantity of land uses that will serve the needs of the community.
Implementation Measure LU-2.1.3: The City shall allow for the development of commercial and industrial areas where suitable land exists with good access, adequate infrastructure and where such uses will have a minimum of conflict with current and future adjacent land uses.
Implementation Measure LU-2.1.5: The City shall maintain flexibility in the Zoning Ordinance by allowing opportunities for the development of appropriate uses not listed in particular districts through the Conditional Use Permit process.
Implementation Measure LU-4.1.3: Upon review of discretionary permits by the City, conditions shall be added to the project approval, when warranted, to support neighborhood land use compatibility.
PUBLIC REVIEW: During the April 8, 2026 meeting, the Planning Commission received comments from two people supporting the proposed ordinances, resident Lea Webb and owner of Al’s Depot and Emporium Dispensary, Alan Magana. Please review Attachment 4, draft meeting minutes of the meeting. Prior to the meeting staff met with Mr. Magana to consider regulatory effects on cannabis businesses within Dunsmuir and in general. Staff made some further changes to Ordinance 584 (Commercial Cannabis Regulations) to address some of his concerns, including creating more flexibility in the size of lounges and changing requirements for HVAC systems and employee masking requirements. The Planning Commission concurred with these additional changes.
ENVIRONMENTAL CONSIDERATIONS:
Ordinance 583 (Zoning Code Amendments): The amendments set forth in the proposed ordinance amending the Zoning Code (Ordinance 583) are exempt from the California 52 Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations section 15061(b)(3), the common sense exemption that applies when it can be seen with certainty that there is no possibility that the project will result in any significant adverse environmental effects. Therefore, no further CEQA review is required to approve the amendment. The Planning Commission concurred with this finding and recommends that the Council make this finding for adoption of Ordinance 583.
Ordinance 584 (Commercial Cannabis Regulation Amendments): Amendments to the City’s business regulations are not considered a project under CEQA and therefore no environmental findings are needed for ordinance adoption.
LEGAL REVIEW: The City Attorney and planning staff collaborated in the preparation of the two ordinances and preparation of both the Planning Commission and City Council meeting staff report packages.
FISCAL IMPACTS: Cannabis lounges are a fairly recent type of business in California so it is difficult to estimate the fiscal benefit of this use on the City. Cannabis consumption lounges create complex fiscal impacts. Tax and operation fee revenue from dispensaries that have lounges are expected to benefit the City in terms of increased sales and operation fees and potentially other related spill over from other commercial cannabis activities, such as cultivation and manufacturing of commercial cannabis.
CONCLUSIONS/RECOMMENDATIONS: Consistent with the Planning Commission’s recommendation, staff is recommending adoption of both ordinances in two separate motions as follows:
A. Ordinance No. 583 (Zoning Code Amendments)
In one motion:
1. Hold public hearing and consider any public comments;
2. Concur with staff and the Planning Commission that this project is exempt from environmental review in accordance with Section 15061(b)(3) of the CEQA Guidelines.
3. Introduction and waive first reading of Ordinance 583 to amend the Zoning Code.
4. Set date of second reading and adoption of ordinance for May 21, 2026.
B. Ordinance No. 584 (Business Regulations)
In one motion:
1. Hold public hearing and consider any public comments;
2. Introduction and waive first reading of Ordinance 584 to repeal and replace Municipal Code Chapter 5.05.
3. Set date of second reading and adoption of ordinance for May 21, 2026 QUESTIONS/COMMENTS: Please contact Contract Planner, Gary Price, at (530) 272-6434 or [email protected] for any questions.
53 Attachment 1-Ordinance 583; an Ordinance of the City Council of the City of Dunsmuir Amending the Zoning Code-Dunsmuir Municipal Code Chapter 17.08 (Definitions) and 17.108 (Uses Permitted) to Allow Commercial Cannabis Lounges within Cannabis Dispensaries Subject to First Obtaining a Conditional Use Permit from the City.
ORDINANCE NO. 583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR AMENDING DUNSMUIR MUNICIPAL CODE CHAPTER 17.08 (DEFINITIONS) AND 17.108 (USES
PERMITTED) TO ALLOW COMMERCIAL CANNABIS LOUNGES WITHIN CANNABIS
DISPENSARIES SUBJECT TO FIRST OBTAINING A CONDITIONAL USE PERMIT FROM
THE CITY
WHEREAS, the City wishes to permit cannabis consumption lounges (on-site consumption of cannabis) within cannabis dispensaries subject to obtaining a conditional use permit within the City; and
WHEREAS, this proposed ordinance would enable the permitting of cannabis consumption lounges for the on-site consumption of cannabis within restricted areas of cannabis dispensaries, subject to approval of a conditional use permit by the Planning Commission; and WHEREAS, concurrently with this proposed ordinance amending the City’s Zoning Code, the City is also considering An Ordinance of the City Council of the City of Dunsmuir Repealing and Replacing in its Entirety Chapter 5.05 of Title 5 of the Dunsmuir Municipal Code Relating to Regulation of Commercial Cannabis Activities (Ordinance No. 584) to regulate on-site consumption of cannabis and commercial cannabis lounges; and WHEREAS, the proposed amendments to the City’s Zoning Code are consistent with the City’s General Plan; and
WHEREAS, after a duly noticed public hearing on April 8, 2026, the Planning Commission adopted Resolution PC 2026-02 recommending the City Council adopt Ordinance No. 583; and WHEREAS, planning staff presented an oral and written staff report on this Ordinance of the City Council of the City of Dunsmuir Amending Dunsmuir Municipal Code Chapter 17.08 (Definitions) and 17.108 (Uses Permitted) to Allow Commercial Cannabis Lounges within Cannabis Dispensaries Subject to First Obtaining a Conditional Use Permit from the City at the Planning Commission’s regularly scheduled meeting on April 8, 2026, and the Planning Commission recommended by a 5 to 2 vote that the City Council adopt this ordinance; and NOW, THEREFORE, the City Council of the City of Dunsmuir does ordain as follows:
SECTION 1: Section 17.08.580.110 of the Dunsmuir Municipal Code is hereby amended to read as follows:
17.08.580 - Commercial cannabis business.
"Commercial cannabis business" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis, 54 medical cannabis or a cannabis or medical cannabis product, on-site retail sales (including storefront dispensaries and on-site consumption, such as a commercial cannabis lounges, within storefront dispensaries) except as related Business and Professions Code Section 19319, and as it may be amended or Health and Safety Code Sections 11362.1 through 11362.45 and as they may be amended.
SECTION 2: Section 17.08.2010 of the Dunsmuir Municipal Code is hereby amended to read as follows:
17.08.2010 - Restricted retail sales.
Stores and shops that are dispersed to minimize their potentially blighting impact on surrounding land uses, including firearm sales, alcoholic beverage sales, retail cannabis sales (including onsite commercial consumption of cannabis), secondhand sales, thrift stores, and tobacco and vape shops.
SECTION 3: Section 17.108.050 of the Dunsmuir Municipal Code is hereby amended to read as follows:
17.108.050 Uses permitted.
The following land use table shall be used to determine whether a commercial cannabis use is permitted (P), not permitted (N), or conditionally permitted (C) in each zoning district. If a commercial cannabis use is not listed, it is not permitted in any zoning district. If a zoning district is not included in the land use table, commercial cannabis uses are prohibited in that zoning district.
USE MU-1 MU-2 MU-3 T-C S-C L-M M
Cultivation
Specialty
Cottage
Outdoor
Up to 25
mature plants
C C C N C C C
Specialty
Cottage
Indoor
Up to 500 sq.
ft. of canopy
C C C C C C C
Specialty
Outdoor
Up to 50
mature plants
or up to 5,000
sq. ft. of
canopy
N C C N C C C
Specialty
Indoor
501 to 5,000
C C C C C C C
55 sq. ft. of
canopy
Small Outdoor
5,001 to
10,000 sq. ft.
of canopy
N C C N C C C
Small Indoor
5,001 to
10,000 sq. ft.
of canopy
N C C C C C C
Medium
Outdoor
10,001 sq. ft.
to one acre of
canopy
N C C N C C C
Medium
Indoor
10,001 to
22,000 sq. ft.
of canopy
N C C C C C C
Indoor
Nursery
C C C C C C C
Processor N C C C C C C
Retail
Delivery Only N C C C C C C
LoungeNCCCCCC
Storefront N C C C C C C
Distribution
Distributor C P P P P P P
Transport
Only
C P P P P P P
Manufacturing
Non-volatile
solvent
manufacturing
or mechanical
extraction
N P P C P P P
Volatile
solvent
manufacturing
N N N N N N C
Infusion of
products
N P P C P P P
Packaging &
labeling
N P P C P P P
Other
Testing C P P P P P P
Microbusiness As
provided
for
56 herein
above.
SECTION 4: FINDINGS: Because it can be seen with certainty that there is no possibility that this ordinance would have a significant impact on the environment, the City Council has determined that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to pursuant to CEQA Guidelines Section Section15061(b)(3), the “common sense exemption.” SECTION 5: CONSTITUTIONALITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 6: EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its passage, and within fifteen (15) days after its adoption a summary of it shall be published in the Siskiyou News, printed and published in Siskiyou County.
INTRODUCED this 7th day of May, 2026 at a regular meeting of the City of Dunsmuir City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this ____ day of _____________ 2026, at a regular meeting of the City of Dunsmuir City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________ Juliana Lucchesi, Mayor ATTEST: _________________________________ Wendy Perkins, City Clerk 57 Attachment 2-Ordinance 584; an Ordinance of the City Council of the City of Dunsmuir Repealing and Replacing in its Entirety Chapter 5.05 of Title 5 of the Dunsmuir Municipal Code Relating to Regulation of Commercial Cannabis Activities
ORDINANCE NO. 584
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5.05 OF TITLE 5 OF THE DUNSMUIR
MUNICIPAL CODE RELATING TO REGULATION OF COMMERCIAL CANNABIS
ACTIVITIES
WHEREAS, the City wishes to regulate cannabis consumption lounges (on-site consumption of cannabis) within cannabis dispensaries within the City; and WHEREAS, the proposed ordinance would enable the permitting of cannabis consumption lounges within cannabis dispensaries as defined by Chapter 5.05 of the Dunsmuir Municipal Code and as further permitted under Chapter 17.108 (Commercial Cannabis) subject to obtaining a conditional use permit in limited areas of the City; and WHEREAS, Business and Professions Code Section 26200 permits cities to adopt and enforce local ordinances that regulate commercial cannabis activity; and WHEREAS, the City Council intends that nothing in this ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law; and WHEREAS, after studying various alternatives for the regulation of cannabis retailers, considering input from stakeholders, and reviewing the legal status of cannabis under applicable law, the City Council finds that the regulation of cannabis retailers and cultivation facilities is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from these activities; and
WHEREAS, the adoption of an ordinance, or amendments thereof, rule, or regulation by the City Council that requires discretionary review and approval of permits, licenses, or other authorization to engage in commercial cannabis activity is exempt from Division 13 of the Public Resources Code pursuant to the provisions of Business and Profession Code 26055(h) and requires no further environmental review.
WHEREAS, concurrently with this proposed ordinance amending the City’s Business Licenses Regulations, the City also is considering Ordinance No. 583 to regulate on-site consumption of cannabis and commercial cannabis lounges.
NOW, THEREFORE, the City Council of the City of Dunsmuir does ordain as follows:
SECTION 1: Chapter 5.05 of Title 5 of the Dunsmuir Municipal Code is hereby repealed and replaced in its entirety with the following:
58 Chapter 5.05 REGULATION OF COMMERCIAL CANNABIS ACTIVITIES
5.05.010 Purpose and intent.
It is the purpose and intent of this section to regulate the cultivation, and sale of cannabis in order to ensure the health, safety and welfare of the residents of the city. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Medical Cannabis Regulations and Safety Act, Proposition 64, and the California Health and Safety Code (collectively referred to as "state law") do not interfere with the right to use cannabis or medical cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis or medical cannabis as authorized under state law. All commercial cannabis business shall at all times be in compliance with current state law at a minimum.
5.05.020 Scope of article.
The operating standards established in this article apply to any site, facility, location, use, or business currently operating in the city, or which commences operations after the effective date of this section, that cultivates, dispenses, stores, or sells cannabis for medical or recreational purposes. Any dispensary or cultivation facility shall operate in conformance with the operating standards set forth in this section of the Municipal Code to assure that the operations of the dispensary or cultivation facility are in compliance with California law and to mitigate the adverse secondary effects from its operations.
Persons who cultivate cannabis for their sole personal use in their residences (up to six plants) may do so without submitting any application or permit. It is hereby declared to be unlawful and a public nuisance may also be deemed to exist if such activity is determined to be related to the cultivation of cannabis and produces:
1. Odors which are disturbing to people residing or present on adjacent or nearby property or areas open to the public.
2. Repeated responses to the property from law enforcement or other code enforcement officers (more than three times in a one-year period).
3. Repeated disruption to the free passage of persons or vehicles in the neighborhood (more than three times in a one-year period) as reported to law enforcement officers or the city code enforcement officer.
4. Any other impact which adversely impacts the health, safety or general welfare of people on adjacent or nearby property or areas open to the public.
Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location.
5.05.030 Definitions.
"Accessory building" means a detached building subordinate to and located on the same parcel as a residence, the use of which is incidental to that of the residence. "Accessory building" does not include any tent, trailer, recreational vehicle, or other vehicle, or any building designed or used for human habitation.
59 "Applicant" shall mean a person who is required to file an application for a permit or license under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For purposes of this section the terms "cannabis" and "marijuana" shall have the same meaning. “Cannabis consumption lounge” or “lounge” means a restricted area within a cannabis dispensary where cannabis or cannabis products are consumed. “Cannabis consumption lounge operator” means a storefront cannabis dispensary permittee who is authorized to operate a cannabis consumption lounge in accordance with this chapter.
"Cannabis dispensary" means a premise where cannabis, cannabis products, or devices for the use of non-medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Section 19340 of the Health and Safety Code, cannabis and cannabis products as part of a retail sale. A cannabis dispensary may or may not include a cannabis consumption lounge. "Cannabis manufacturing site" means the premises that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by any extraction methods and is owned and operated by a licensee for these activities. "Cannabis testing facility" means a public or private laboratory licensed and certified, or approved by the bureau of cannabis regulation or any other regulatory body controlling testing facilities, to conduct research and analyze cannabis, cannabis products, and cannabis concentrate for contaminants and potency.
"Canopy" means the total combined canopy area for all locations on a property where cannabis is being cultivated, including indoor areas, outdoor areas, or a combination of both, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line.
"Commercial cannabis business" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis, medical cannabis or a cannabis or medical cannabis product, except as related Business and Professions Code Section 19319, and as it may be amended or Health and Safety Code Sections 11362.1 through 11362.45 and as they may be amended. "Cultivation" and/or "cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed entities.
"Distributor" means a person licensed to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed dispensary.
60 "Employee" shall mean any person (whether paid or unpaid) who provides regular labor or regular services for a cannabis business, including but not limited to the location of a cannabis dispensary business.
"Greenhouse" shall mean an accessory structure to a residence located on the same premises, legally established with all required permits approved, constructed primarily of translucent glass or glass-like material (or other similar material approved by the county building official), completely enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown.
"Indoor cultivation facility" shall mean a facility which is licensed by the City of Dunsmuir and the State of California for the growing of cannabis within an enclosed building for the purposes of wholesale of cannabis to cannabis manufacturing facilities or cannabis dispensaries.
"Manager" shall mean an employee responsible for management and/or supervision of a cannabis dispensary business.
"Mixed light cultivation facility" means cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold in a permanent facility in compliance with the state building code as determined by the state licensing authority. "Non-climbable fence" means a fence with a smooth exterior surface that is not equipped with steps or other provisions for climbing.
"Nursery" means a commercial cannabis licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
"Primary caregiver" shall have the same meaning as set forth in Health and Safety Code Section 11362.7(f).
"Qualified patient" shall have the same meaning as set forth in the Health and Safety Code Section 11362.7(f).
"School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“Smoking” means inhaling smoke from heated cannabis flowers or extracts, delivering the psychoactive compound THC into the bloodstream via the lungs, commonly done with pipes, bongs, or hand-rolled joints, to experience its intoxicating effects. "Transporter" means a person who holds a license by the bureau of cannabis regulation to transport cannabis or cannabis products in an amount above a threshold determined by the bureau between licensees that have been issued a license pursuant to this chapter. “Vaping” means to inhale vapor from a device that heats up and vaporizes a liquid or solid.
5.05.040 Location requirements.
A. No cannabis dispensary, cultivation facility, manufacturing facility, testing facility or any other commercial cannabis business facility may be located within 600 linear feet (measured in a direct line from property line to property line) from a school, day care home, recreational center, youth center, or public park as required by Section 11362.768 of the Health and Safety Code.
61 B. No cannabis dispensary, cultivation facility, manufacturing facility, or testing facility or any other cannabis business facility may be located within 100 linear feet (measured in a direct line from property line to property line) from the library, children's park, football field, community building or parks and recreation area (pool) as permitted by Section 11362.768 of the Health and Safety Code.
5.05.050 Maximum number of dispensaries permitted citywide.
A. The city may permit up to three dispensaries to operate within city limits, regardless of the location's compliance with any other Section specified in this title.
B. The total number of dispensaries in operation shall be determined based on the number of locations which have been issued a cannabis dispensary permit by the city or are eligible to submit for a cannabis dispensary permit.
C. If the number of applications exceeds the number of permits allowed, a lottery system will be used. City staff will create a lottery process in the event as required D. Dispensaries already operating with the city's permission in the city are deemed permitted to dispense cannabis and cannabis products provided they pay all regulatory fees and taxes and all other requirements and standards of the city's regulatory ordinance, zoning ordinance and tax ordinance and as they may be amended.
5.05.060 Commercial cannabis cultivation.
A. Outdoor commercial cannabis cultivation shall not be allowed in the Dunsmuir historic district and buffer zone.
B. Outdoor commercial cultivation of cannabis outside of the historic district and buffer zone with a conditional use permit issued by the planning commission shall be allowed.
C. Cannabis shall not be grown in a residence by anyone other than the resident.
D. Cannabis cultivation shall not contain an exhibition or product sales area or allow for retail distribution of products at that location.
E. Cannabis cultivation and dispensary facilities shall be required to provide an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the facility, if the use occupies only a portion of a building. Additional air treatment requirements for cannabis consumption lounges are required under the provisions of Section 5.05.145.
5.05.070 Commercial cannabis business permit required.
A. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, in or upon any premises within the city cannabis business without a commercial cannabis business permit. A cannabis business shall register and obtain a commercial cannabis business permit from the city prior to operation. The applicant shall pay a non-refundable fee in an amount established by the city council.
B. A copy of the commercial cannabis business permit shall be displayed at all times in a place visible to the public.
62 C. A commercial cannabis business permit shall be issued to a specific operator and shall be valid for one year, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above-referenced period. Any assignment of a commercial cannabis business permit to a subsequent operator shall be void unless first approved in writing by the city manager. Assignment shall be subject to submittal of an assignment application in accordance with Section 5.05.110 of this chapter.
D. All owners shall comply with California residency requirements as defined in Business and Professions Code § 26054.1(a)(b).
5.05.080 Commercial cannabis business permit.
A. A commercial cannabis business permit shall not be issued to an individual or a business entity associated with an individual, who has violated California Health and Safety Code Section 11590 and its provisions.
B. The commercial cannabis business permit shall be issued to the specific person or persons listed on the cannabis permit application.
C. A commercial cannabis business permit is not assignable, does not transfer with the land, and does not transfer with the transfer of the property, except as provided in Sections
5.05.070.C and 5.05.110 of this chapter. 5.05.090 Commercial cannabis business permit application submission process.
A. The city manager or his/her designee will prepare cannabis application forms and a related administrative policy. Each applicant interested in operating pursuant to this Section may submit an application together with a non-refundable processing fee in an amount established by the city council.
B. The initial application period shall be thirty (30) calendar days from the date the applications are released. Should the 30th day fall on a day when city hall is closed, the application period shall be extended to the next open day at 4:00 p.m. Following the application period, the city manager or his/her designee shall stop accepting applications and review all applications received.
C. The city manager or his/her designee shall determine whether each application received demonstrates compliance with the minimum requirements to be eligible to be entered into the selection process. These requirements include:
1. Application was submitted during the application period.
2. Application is filled out completely.
3. Application fee is paid.
4. The location indicated on the application meets the zoning criteria.
5. The location indicated on the application meets the separation criteria established in Section 5.05.040.
6. A planning and/or building permit with a receipt proving payment for processing from the city planning department for the property location the commercial cannabis business will occupy.
7. A notarized signature from the property owner authorizing the location to be used for commercial cannabis business activity.
8. Authorization from the management association/CC&R's that a cannabis business use is allowed on that parcel (if applicable).
63 9. Business owner(s)/applicant(s) referenced on the application completes Live Scan background check.
10. There may be no change in applicant/business owner from the one(s) listed on the commercial cannabis business permit application. The application must identify individual owner(s) as defined in the MCRSA 19320(b)(1. et seq.) as may be amended.
11. All other application documents required in the city's application package instructions, the MCRSA, Proposition 64 and any other applicable regulations as they may be amended.
12. Photographs of the exterior of the building including the entrance(s), exit(s), street frontage(s) and parking area.
13. If the property is being rented, leased or purchased under contract, the lease agreement term, name of lessor or equivalent, shall be provided by a notarized signed affidavit of the property owner.
14. The name and address of the applicant's current agent for service of process.
15. A copy of the applicant's board of equalization seller's permit.
16. A copy of the commercial cannabis business operating standards, listed in Section
5.05.130 and Section 5.05.140 if applicable containing a statement dated and signed by the business owner stating that under penalty of perjury that they read, understand and shall ensure compliance with the aforementioned operating standards.
17. Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate.
18. Release of the city from all liability associated with the commercial cannabis business.
Such a release includes indemnifying the city for claims, damages and injuries that may arise as a result of the commercial cannabis business.
19. If the applicant intends to apply for a conditional use permit to operate a commercial cannabis lounge, the application shall specify whether the lounge is Type I or Type II.
5.05.100 Commercial cannabis business permit application selection process.
A. The city manager or his/her designee will evaluate the applications received and make a determination on the eligibility of each application. The city manager shall confer with law enforcement on the background checks of the listed managers, employees and volunteers.
Each application that is complete and in compliance with this chapter shall be placed on the "qualified commercial cannabis business application list" and the applicant shall be notified in writing that they are a "qualified commercial cannabis business applicant".
B. Qualified applicants will appear on the "qualified applicant list" in the order that they are selected during the independent selection process. The city manager shall maintain the "qualified application list".
C. A qualified commercial cannabis business applicant must submit a written request each year to maintain its status on the "qualified application list".
D. All cannabis applications received after the initial application period will be reviewed for completeness and compliance with this chapter. If the application qualifies, it will be placed on a "waitlist" in the order it is received. Applicants placed on the "waitlist" shall be notified in writing of their "waitlist" status.
64 E. Cannabis applications placed on the "waitlist" will be moved to the "qualified applicant list" when the number of applicants on the "qualified applicant list" falls below twenty (20) and will be notified of the change in writing.
F. The city manager or his/her designee, after receiving the application and aforementioned information, will grant the permit if they find:
1. The required fee has been paid.
2. The application conforms in all respects to the provisions of this chapter.
3. The applicant has not knowingly made a material misrepresentation in the application.
4. The applicant has fully cooperated in the investigation and background checks required by this section.
5. The applicant has not had a commercial cannabis business license or other similar license or permit denied or revoked for cause by this city or any other city in the state within the last five years prior to the date of the application.
6. The commercial cannabis business, as proposed by the applicant would comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements.
7. The applicant has demonstrated compliance with all aspects of the Medical Marijuana Regulation and Safety Act (MCRSA) and any other applicable requirements contained in the California Health and Safety Code.
G. After all tenant improvements have been finalized by the commercial cannabis business owner, the city manager or his/her designee shall perform an inspection of the cannabis business location to confirm compliance with this section.
H. If any of the items listed in the application process are not met, the city manager shall notify the applicant of the deficiency within ten (10) days, after which the applicant will have ten (10) days from receipt of notice to correct the deficiency. If the deficiency is not corrected within ten (10) days, the city manager may deny the permit and notify the applicant of this determination in writing within ten (10) calendar days following the city manager's decision, after which the applicant can appeal the decision in accordance with Section 5.05.120 (appeal of denial of permit reference).
5.05.110 Cannabis permit annual renewal and assignment.
A. Applications for the renewal of a permit shall be filed with the city manager at least sixty (60) calendar days before the expiration of the current permit. Any permittee allowing their permit to lapse or whose permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process.
B. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the city manager who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the city council to defray the cost of the review required by this section. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the city manager in order to determine whether said permit should be renewed.
The city manager may defer review and determination whether said permit may be renewed.
65 C. Any approved commercial cannabis operator who wishes to assign their permit to another entity shall, together with the proposed assignee, submit a written assignment application on a form prescribed by the city manager. The application shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by the city council to defray the cost of the review required by this section. The city manager shall review the application and determine whether the permit should be assigned. The city manager may defer review and determination on assignments to the City Council.
5.05.120 Appeal of denial of permit.
A. The city manager, in consultation with law enforcement, building official and Dunsmuir Fire Protection District, will review all commercial cannabis business applications, and all other relevant information, and determine if a permit should be granted. If the city manager determines that the permit shall not be granted, the reasons for denial shall be provided in writing to the applicant. The applicant shall have fourteen (14) calendar days from the date of the receipt of the written denial to correct the reasons for denial and request in writing reconsideration of permit issuance. Following review of the amended permit application, the city manager will approve or deny the permit by providing written notice to the applicant.
B. An applicant who disagrees with the city manager's decision may appeal such decision to the city planning commission by submitting a written appeal within five calendar days from receipt of the written denial. A decision of the planning commission may be appealed to the city council if the appeal is submitted in writing to the city clerk within five calendar days following the planning commission's action.
5.05.130 Operational standards for all commercial cannabis business activities.
A. Interior and exterior locations of the business property shall be monitored at all times by closed circuit cameras for security purposes. The cameras and recording system shall be of adequate quality, color rendition and resolution to allow the sufficient identification of any individual committing a crime on location premises. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas must have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. Camera video recordings shall be maintained unaltered in a secure onsite location for a period of not less than fourteen (14) days, and be available for inspection at any time.
B. Recordings shall be maintained, unaltered, for a period of not less than fourteen (14) days and shall be stored digitally. The city or law enforcement may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the city or law enforcement may seek a warrant or court order for the recordings.
C. A commercial cannabis business entity that remains inoperative for more than ninety (90) days shall be deemed "abandoned" and the permit shall be forfeited. A business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the city manager or his or her designee.
D. Establish and participate in a track and trace system for reporting the movement of commercial cannabis throughout the distribution chain.
E. Register with the department of pesticide regulation if using any pesticides.
F. Comply with all state regulations regarding labeling and storage of all cannabis products. 66 G. Meet all state and local regulations for the disposal of all cannabis materials and materials used in conjunction with processing, distributing and cultivating of cannabis.
H. Conform to all state regulations requiring the use of appropriate weighing devices.
I. Conform to all state and local regulations regarding water usage.
J. All electrical and plumbing must comply with state and local regulations.
K. Comply with all state insurance and security bond regulations.
L. The commercial cannabis business shall have a centrally-monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows.
M. Meet all state deadlines for applying for a state license and receive a State license within six months after the date the state begins issuing licenses. This may be waived if the state has longer delays in issuing licenses of the type the commercial cannabis business seeks.
5.05.140 Additional operational standards for dispensaries.
A. If required by the state, at all times the cannabis dispensary is open, the dispensary shall provide at least one security guard who is licensed, possesses a valid department of consumer affairs "security guard card", and has a valid city business license.
B. The security guard and cannabis dispensary personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and do not consume cannabis in the vicinity of the dispensary or on the property or in the parking lot.
C. Signage.
1. All exterior signage shall conform with existing zoning requirements. The existing dispensary signage is "grandfathered" in as of April 1, 2017. Any additional signage modifications shall comply with existing zoning.
2. The following information shall be provided on a sign posted in a conspicuous location inside the cannabis dispensary (excluding cannabis dispensaries with permitted cannabis consumption lounges):
a. Smoking, ingesting or consuming cannabis on this property or within one hundred (100) feet of the business is prohibited.
b. No one under the age of twenty-one (21) shall be allowed to enter this facility unless they are a qualified patient or a primary caregiver and they are in the presence of their parent, legal guardian, or licensed attending physician. c. The city has not tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.
D. No recommendations from a doctor for medical cannabis shall be issued on-site.
E. Each dispensary owner shall establish minimum training standards for all employees.
F. No storefront cannabis dispensary or manager shall cause or allow the sale, distribution, or consumption of alcoholic beverages, tobacco, or tobacco products on the site; hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages for the site; or operate a business on or adjacent to the site that sells alcoholic beverages, tobacco, or tobacco products. No person shall possess or store alcoholic beverages, tobacco, or tobacco products on the site.
G. Drive through sales must be approved in writing by the city prior to implementation. 67 H. The dispensary shall comply with state department of health requirements pertaining to use of commercial kitchen facilities for the cannabis operations.
I. Hours of operation shall be limited to: Monday—Sunday 8:00 a.m.—10:00 p.m.
J. No one under the age of twenty-one (21) shall be allowed to enter a dispensary unless such person is a qualified patient and is accompanied by his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian.
K. Any commercial cannabis dispensary already in compliance and permitted by the city will be considered selected and continue to operate under the regulations of this chapter, provided however, that in order to continue operating such commercial cannabis business must apply for a commercial cannabis business permit pursuant to this chapter and otherwise meet all other conditions and requirements of this chapter imposed on newly established commercial cannabis businesses.
5.05.145 Additional operational standards for cannabis consumption lounges.
A. No person shall operate a cannabis consumption lounge without first obtaining a conditional use permit approved by the planning commission. Any dispensary containing a cannabis consumption lounge shall at all times display a valid storefront cannabis dispensary permit with a condition that authorizes the operation of a lounge in accordance with this article.
B. The following information shall be provided on a sign posted in a conspicuous location inside any cannabis dispensary containing a permitted cannabis lounge:
1. Smoking, ingesting or consuming cannabis on this property or within one hundred (100) feet of the business is prohibited unless within a Type 1 or Type 2 cannabis consumption lounge area.
2. No one under the age of twenty-one (21) shall be allowed to enter this facility unless they are a qualified patient or a primary caregiver and they are in the presence of their parent, legal guardian, or licensed attending physician. In no event shall anybody under the age of twenty-one (21) be allowed to enter the cannabis lounge located within this facility.
3. The city has not tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed or consumed at this location.
C. A storefront cannabis dispensary permit may authorize the operation of a cannabis consumption lounge with one of the following conditions:
1. Type 1 condition (non-smoking consumption). A type 1 condition on a valid storefront cannabis dispensary permit authorizes a storefront cannabis dispensary permittee to allow persons to consume cannabis and cannabis products, other than by smoking or vaping, in a cannabis consumption lounge on the site, subject to the provisions of this chapter.
2. Type 2 condition (all consumption). A type 2 condition on a valid storefront cannabis dispensary permit authorizes storefront cannabis dispensary permittee to allow persons to consume cannabis and cannabis products, including by smoking or vaping, in a cannabis consumption lounge on the site, subject to the provisions of this chapter. 68 D. Cannabis consumption lounge fees. Separate fees for cannabis consumption lounges are established and updated from time to time by resolution of the City Council. When applying for or renewing a cannabis consumption lounge condition pursuant to this chapter, the applicant shall submit the cannabis consumption lounge program fee, plus the applicable fee for the condition that the applicant is seeking to obtain.
E. All cannabis consumption lounges must comply with the following:
1. Size. A cannabis consumption lounge must be no larger than 1,500 square feet or 50% of the total floor area of the cannabis dispensary site, whichever is smaller.
2. Not visible to the public. The interior of the cannabis consumption lounge must not be visible from the public right-of-way, non-age-restricted areas, unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.
3. Partitioned. A cannabis consumption lounge must be separated from all other areas of the storefront dispensary by solid walls and doors. The wall may include glass to provide visibility between the dispensary and the lounge.
4. Signage. A sign must be displayed at each entrance to the lounge in a conspicuous place so that all persons entering the lounge may readily see it. Each sign shall be not less than 8 inches by 10 inches in size. The following are sign requirements according to lounge type:
a. Cannabis consumption lounge – type 1 signage. A cannabis consumption lounge operator authorized to operate a type 1 cannabis consumption lounge shall display at each entrance of the lounge a sign that states, “Cannabis consumption, except smoking and vaping, is allowed inside of this lounge. No person under 21 years of age shall be in the lounge.”
b. Cannabis consumption lounge – type 2 signage. A cannabis consumption lounge operator authorized to operate a type 2 cannabis consumption lounge shall display at each entrance of the lounge a sign that states, “Cannabis consumption, including smoking and vaping, is allowed inside of this lounge. No person under 21 years of age shall be in the lounge.”
F. Waste containers. Cannabis consumption lounge operators shall include properly maintained solid waste, organic waste, and recycling containers in sufficient numbers and locations to service the needs of the lounge.
G. Cannabis consumption lounge operating hours. No cannabis consumption lounge operator shall operate a lounge outside of the attached dispensary’s normal operating hours. Any live music within a lounge is subject to prior approval by the city manager and shall be limited to no more than 6 events per year.
H. Soundproofing. All lounges must be adequately soundproofed so that the interior noise does not violate chapter 8.12 (Noise Control).
I. Operation and Management. Cannabis lounges shall maintain a management plan that addresses operator and staff experience, good neighbor issues, client supervision, client 69 services, and food services as applicable. Such plan shall be submitted to and approved by the City. The plan shall include the following:
1. Provisions for the operator’s responsibilities to educate their managers, employees, and volunteers about the various types of cannabis and cannabis products allowed in the consumption lounge, including the potency, absorption time, and effects; and provisions for the operator to train their managers, employees, and volunteers to likewise educate customers on their purchases.
2. Provisions for training employees to recognize signs of impairment in their customers.
3. Identification of the cannabis consumption lounge operator and a representative to address community concerns.
4. Provisions to maintain at least one responsible onsite employee at all times for every ten clients.
5. Measures taken to protect employee health, such as wearing protective masks in areas exposed to smoking and vaping.
6. Measures taken for proper on- and off-site security.
J. Manager. The cannabis consumption lounge operator’s manager shall be in the lounge whenever there is a customer in the lounge.
K. Consumption of cannabis and cannabis products on site.
1. Consumption in lounge only. No person shall consume cannabis or cannabis products within a storefront cannabis dispensary in any area other than the cannabis consumption lounge.
2. No cannabis consumption lounge operator shall allow any person to consume in the lounge any cannabis or cannabis product that was not purchased from the associated dispensary.
L. Prepackaged food and beverages.
1. No cannabis consumption lounge operator shall sell or provide for free any cannabis or cannabis products inside the lounge.
2. No cannabis consumption lounge operator may sell or provide for free any food or beverages in the lounge, unless it is prepackaged and does not contain cannabis or alcohol.
3. No cannabis consumption lounge operator shall store, display, contaminate, or commingle any prepackaged food or beverage with any cannabis or cannabis product on the site.
M. Customer conduct.
70 1. Closing announcement. One hour before the closing time of the lounge and at the closing time, the cannabis consumption lounge operator or their manager shall announce the closing time of the lounge and request that customers respect the residents of the adjacent neighbors by being quiet when leaving.
2. Retail limit. No cannabis consumption lounge operator or its manager or employee shall provide cannabis or cannabis products to obviously impaired customers.
3. Car services. A cannabis consumption lounge operator shall provide written information on ridesharing and ride-hailing car services for their customers.
4. Entry and exit of the lounge. A cannabis consumption lounge operator or its manager, employee, or volunteer shall escort customers in and out of the lounge.
5. No loitering shall be permitted- immediately outside the lounge, on neighboring properties, in parking areas, and in City public areas, within two hours of closing.
N. Additional cannabis consumption lounge premise restrictions – type 2. A type 2 cannabis consumption lounge must comply with the following:
1. Negative pressure. The lounge must be designed to have negative pressure to limit leakage of smoke and particulate matter into the non-smoking areas of the site.
2. HVAC. Type 2 Condition (all consumption) lounges must have an HVAC system that does not recirculate air and that has a high rate of air exchange.
3. Odor prevention. The lounge must have an odor-absorbing ventilation and exhaust system that prevents the odor generated from inside of the lounge from being detected outside of the site or within any other area located within the same building as the lounge.
4. Masks. Employees shall not be penalized for wearing a mask for respiratory protection in any area where cannabis is smoked. If an employee chooses to wear a mask, the lounge operator must pay for it in accordance with California Business and Professions Code Section 26200(g)(2)(G).
5.05.150 Deliveries.
A. Deliveries may be made from a licensed dispensary or retail outlet.
B. All employees who deliver cannabis must have a valid identification card at all times while the delivery is being made.
C. Deliveries may only take place during normal business hours of the dispensary or retail outlet.
D. A customer requesting delivery shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers.
E. A dispensary or retail outlet shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered and any other information required by the state.
71 F. A cannabis business shall only maintain and deliver cannabis in aggregate amounts tied to its client's order. A cannabis business shall ensure compliance with state law limits as they regard cannabis and cannabis products.
G. A manifest with all information required in this section must accompany any delivery person or delivery method at all times during the delivery process and delivery hours.
5.05.160 Maintenance of records.
A. A cannabis dispensary shall maintain records at the location accurately and truthfully documenting:
1. The full name, address, and telephone number(s) of the owner, landlord, and/or lease of the location;
2. The full name, address, and telephone number(s) of all members who are engaged in the management of the dispensary.
3. Medical cannabis dispensaries shall maintain the full name, address and telephone number(s) of all patient members to whom the business provides medical cannabis and a copy of a physician-issued recommendation card for all patient members.
4. All receipts of the dispensary, including but not limited to: all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the dispensary.
B. These records shall be maintained for a period of seven years and shall be made available by the dispensary to the law enforcement and/or code enforcement officials upon request.
5.05.170 Inspection and enforcement responsibilities.
City code enforcement officials may enter and inspect the location of any commercial cannabis business between the normal business hours to ensure compliance with this section.
In addition, law enforcement may enter and inspect the location of any cannabis business and the recordings and records maintained as required by this section, except that the inspection and copying of private medical records shall be made available to law enforcement only pursuant to a properly executed search warrant, subpoena, or court order. A person engaging in commercial cannabis business without a permit and associated unique identifiers required by this chapter shall be subject to civil penalties of up to twice the amount of the permit fee for each violation, and the department, state or local authority, or court may order the destruction of cannabis associated with that violation. A violator shall be responsible for the cost of the destruction of cannabis associated with his or her violation, in addition to any amount covered by a bond required as a condition of licensure. Each day of operation shall constitute a separate violation of this section.
5.05.180 Fees.
All cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:
A. Application Fee. The business applicant shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business.
B. Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by the Dunsmuir Municipal Code.
72 C. Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
5.05.190 Violation and enforcement.
Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the municipal code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the business's commercial cannabis business permit, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the cannabis business and persons related or associated with the cannabis business.
SECTION 2: CONSTITUTIONALITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 3: PROHIBITED: Unless expressly permitted by the City Municipal Code, all cultivation, manufacture, distribution, possession, storing, laboratory testing, labeling, transportation, distribution, delivery, sale, or consumption of cannabis or cannabis products is prohibited within the City of Dunsmuir.
SECTION 4: EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its passage, and within fifteen (15) days after its adoption a summary of it shall be published in the Mt. Shasta Daily Herald, printed and published in Siskiyou County.
INTRODUCED this 7th day of May, 2026 at a regular meeting of the City of Dunsmuir City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this ____ day of _____________ 2026, at a regular meeting of the City of Dunsmuir City Council by the following vote:
73 AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________ Juliana Lucchesi, Mayor ATTEST: _________________________________ Wendy Perkins, City Clerk 74 Attachment 3-Planning Commission Resolution No. PC 2026-02 75 76
Attachment 4-Planning Commission Draft Minutes of their April 8, 2026, meeting
CITY OF DUNSMUIR
PLANNING COMMISISON MEETING
Wednesday, April 8th, 2026 - 6:00 p.m.
DRAFT MEETING MINUTES
A. CALL TO ORDER at 6:02 p.m.
B. ROLL CALL –
Commissioners Present:. Dwight Bailey, Bonnie Bailey, Carol Skalko , Michael Sanchez ,Grance Sanchez, Craig Kay
Commissioners Absent: Thomure
Staff Present: Finance Director/Interim City Manager Michaelsen, City Clerk Perkins
Contract Planning Staff Present: Gary Price
C. APPROVAL OF AGENDA
Moved by: Skalko
Seconded by: Grace Sanchez Motion
carried: 6-0-1
D. APPROVAL OF MINUTES OF: March 11th, 2026
Moved by: Skalko
Seconded by: Kay Motion carried: 6-0-1
E. GENERAL PUBLIC COMMENT open at 5:38 p.m. None
F. PUBLIC HEARING
1. Adopt Planning Commission Resolution 2026-02 Recommending City Council Adopt a Zoning Ordinance Amendment to Dunsmuir Municipal Code Section
17.108 to Allow Commercial Cannabis Lounges within Cannabis Dispensaries Subject to Obtaining Conditional Use Permit
Contract planner Gary Price introduces the item.
Public comment open at 5:58 p.m.
Alan Magana – Owner of Al’s Depot and Emporium in support of this ordinance to allow consumption lounges.
Lia Webb – voices her opinion in support of cannabis lounges Moved by: Dwight Bailey
Seconded by: Bonnie Bailey
Motion carried 4-2-1
AYES: Dwight Bailey, Bonnie Bailey, Craig Kay, Michael Sanchez NOES: Grace Sanchez, Skalko
77 ABSENT: Thomure
ABSTAIN: None
Motion by Sanchez 2nd by Skalko to move item I up before new Business Item H. All in favor.
G. OLD BUSINESS – item open at 6:44 p.m.
Adopt PC Resolution 2026-03 recommending that the City Council Adopt an Ordinance Amending Sections 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40,
17.64, and 17.100.060 of the Dunsmuir Municipal Code to allow Short Term Rental Use in all Zoning Districts and Restricting Parking Requirements in Town Center Zoning.
Public comment open at 6:51 p.m.
Lia Webb – Asks some clarifying questions.
Motion to vote separately on parking requirements from the primary/accessory use issue Bailey.
Moved by: Michael Sanchez
Seconded by: Bonnie Bailey All in favor
Motion carried: 6-0-1
Motion to adopt Resolution PC 2026-03 Recommending Dunsmuir City Council amend Section 17.100.060 to reduce parking requirements in Town Center (TC) and Mixed Use 3 (MU-3) for Short-Term Rentals
Moved by: Michael Sanchez
Seconded by: Bonnie Bailey All in favor Motion
carried 6-0-1
Motion to adopt Resolution PC 2026-03 Recommending Dunsmuir City Council Amending Dunsmuir Municipal Code Section 17.16, 17.20, 17.24, 17.28, 17.32 ,
17.36 and 17.40 to allow Short Term Rentals as Permitted in All Districts that Allow Residential Uses in all Districts that Allow Residential Uses Moved by: Carol Skalko
Seconded by: Bonnie Bailey Motion Carried
5-1-1
AYES: Grace Sanchez, Bonnie Bailey, Dwight Bailey, Craig Kay, Carol Skalko NOES: Michael Sanchez
ABSENT: Thomure
ABSTAIN: NONE
78 H. NEW BUSINESS
I. ANNOUNCEMENTS AND REPORTS FROM COMMISISON AND STAFF
2025 General Plan and Housing Element Annual Progress Report – Contract Planner goes over the update.
J. ADJOURNMENT at 7:42 p.m.
_________________ __________________
Commissioner Kay City Clerk Perkins
79 Attachment 5-Redline Version of Proposed Amendments to the Zoning Code-Municipal Code Sections 17.08.580, 17.08.2010 and 17.108.050
TITLE 17 - ZONING
Chapter 17.08 DEFINITIONS
17.08.580 - Commercial cannabis business.
"Commercial cannabis business" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis, medical cannabis or a cannabis or medical cannabis product, on-site retail sales (including storefront dispensaries and on-site consumption, such as a commercial cannabis lounges, within storefront dispensaries) except as related Business and Professions Code Section 19319, and as it may be amended or Health and Safety Code Sections 11362.1 through 11362.45 and as they may be amended.
17.08.2010 - Restricted retail sales.
Stores and shops that are dispersed to minimize their potentially blighting impact on surrounding land uses, including firearm sales, alcoholic beverage sales, retail cannabis sales (including onsite commercial consumption of cannabis), secondhand sales, thrift stores, and tobacco and vape shops.
Chapter 17.108 Commercial Cannabis
17.108.050 Uses permitted.
The following land use table shall be used to determine whether a commercial cannabis use is permitted (P), not permitted (N), or conditionally permitted (C) in each zoning district. If a commercial cannabis use is not listed, it is not permitted in any zoning district. If a zoning district is not included in the land use table, commercial cannabis uses are prohibited in that zoning district.
USE MU-1 MU-2 MU-3 T-C S-C L-M M
Cultivation
Specialty
Cottage
Outdoor
Up to 25
mature plants
C C C N C C C
Specialty
Cottage
Indoor
Up to 500 sq.
ft. of canopy
C C C C C C C
Specialty
Outdoor
N C C N C C C
80 Up to 50
mature plants
or up to 5,000
sq. ft. of
canopy
Specialty
Indoor
501 to 5,000
sq. ft. of
canopy
C C C C C C C
Small Outdoor
5,001 to
10,000 sq. ft.
of canopy
N C C N C C C
Small Indoor
5,001 to
10,000 sq. ft.
of canopy
N C C C C C C
Medium
Outdoor
10,001 sq. ft.
to one acre of
canopy
N C C N C C C
Medium
Indoor
10,001 to
22,000 sq. ft.
of canopy
N C C C C C C
Indoor
Nursery
C C C C C C C
Processor N C C C C C C
Retail
Delivery Only N C C C C C C
LoungeNCCCCCC
Storefront N C C C C C C
Distribution
Distributor C P P P P P P
Transport Only C P P P P P P
Manufacturing
Non-volatile
solvent
manufacturing
or mechanical
extraction
N P P C P P P
81 Volatile
solvent
manufacturing
N N N N N N C
Infusion of
products
N P P C P P P
Packaging &
labeling
N P P C P P P
Other
Testing C P P P P P P
Microbusiness As
provided
for
herein
above.
82 Attachment 6-Dunsmuir Zoning Map
83 Attachment 7-Redline Version of Proposed Amendments to the Business Regulations-Municipal Code Chapter 5.05
Attachment 7-Redline Version of Proposed Amendments to the Business Regulations Municipal Code Chapter 5.05.
5.05.010 Purpose and intent.
It is the purpose and intent of this section to regulate the cultivation, and sale of cannabis in order to ensure the health, safety and welfare of the residents of the city. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Medical Cannabis Regulations and Safety Act, Proposition 64, and the California Health and Safety Code (collectively referred to as "state law") do not interfere with the right to use cannabis or medical cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis or medical cannabis as authorized under state law. All commercial cannabis business shall at all times be in compliance with current state law at a minimum.
5.05.020 Scope of article.
The operating standards established in this article apply to any site, facility, location, use, or business currently operating in the city, or which commences operations after the effective date of this section, that cultivates, dispenses, stores, or sells cannabis for medical or recreational purposes. Any dispensary or cultivation facility shall operate in conformance with the operating standards set forth in this section of the Municipal Code to assure that the operations of the dispensary or cultivation facility are in compliance with California law and to mitigate the adverse secondary effects from its operations.
Persons who cultivate cannabis for their sole personal use in their residences (up to six plants) may do so without submitting any application or permit. It is hereby declared to be unlawful and a public nuisance may also be deemed to exist if such activity is determined to be related to the cultivation of cannabis and produces:
1. Odors which are disturbing to people residing or present on adjacent or nearby property or areas open to the public.
2. Repeated responses to the property from law enforcement or other code enforcement officers (more than three times in a one-year period).
3. Repeated disruption to the free passage of persons or vehicles in the neighborhood (more than three times in a one-year period) as reported to law enforcement officers or the city code enforcement officer.
4. Any other impact which adversely impacts the health, safety or general welfare of people on adjacent or nearby property or areas open to the public.
Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location.
5.05.030 Definitions.
"Accessory building" means a detached building subordinate to and located on the same parcel as a residence, the use of which is incidental to that of the residence. "Accessory 84 building" does not include any tent, trailer, recreational vehicle, or other vehicle, or any building designed or used for human habitation.
"Applicant" shall mean a person who is required to file an application for a permit or license under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For purposes of this section the terms "cannabis" and "marijuana" shall have the same meaning. “Cannabis consumption lounge” or “lounge” means a restricted area within a cannabis dispensary where cannabis or cannabis products are consumed. “Cannabis consumption lounge operator” means a storefront cannabis dispensary permittee who is authorized to operate a cannabis consumption lounge in accordance with this chapter.
"Cannabis dispensary" means a premise where cannabis, cannabis products, or devices for the use of non-medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Section 19340 of the Health and Safety Code, cannabis and cannabis products as part of a retail sale. A cannabis dispensary may or may not include a cannabis consumption lounge. "Cannabis manufacturing site" means the premises that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by any extraction methods and is owned and operated by a licensee for these activities. "Cannabis testing facility" means a public or private laboratory licensed and certified, or approved by the bureau of cannabis regulation or any other regulatory body controlling testing facilities, to conduct research and analyze cannabis, cannabis products, and cannabis concentrate for contaminants and potency.
"Canopy" means the total combined canopy area for all locations on a property where cannabis is being cultivated, including indoor areas, outdoor areas, or a combination of both, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line.
"Commercial cannabis business" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis, medical cannabis or a cannabis or medical cannabis product, except as related Business and Professions Code Section 19319, and as it may be amended or Health and Safety Code Sections 11362.1 through 11362.45 and as they may be amended. "Cultivation" and/or "cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensed entities.
85 "Distributor" means a person licensed to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed dispensary.
"Employee" shall mean any person (whether paid or unpaid) who provides regular labor or regular services for a cannabis business, including but not limited to the location of a cannabis dispensary business.
"Greenhouse" shall mean an accessory structure to a residence located on the same premises, legally established with all required permits approved, constructed primarily of translucent glass or glass-like material (or other similar material approved by the county building official), completely enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown.
"Indoor cultivation facility" shall mean a facility which is licensed by the City of Dunsmuir and the State of California for the growing of cannabis within an enclosed building for the purposes of wholesale of cannabis to cannabis manufacturing facilities or cannabis dispensaries.
"Manager" shall mean an employee responsible for management and/or supervision of a cannabis dispensary business.
"Mixed light cultivation facility" means cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold in a permanent facility in compliance with the state building code as determined by the state licensing authority. "Non-climbable fence" means a fence with a smooth exterior surface that is not equipped with steps or other provisions for climbing.
"Nursery" means a commercial cannabis licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
"Primary caregiver" shall have the same meaning as set forth in Health and Safety Code Section 11362.7(f).
"Qualified patient" shall have the same meaning as set forth in the Health and Safety Code Section 11362.7(f).
"School" means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“Smoking” means inhaling smoke from heated cannabis flowers or extracts, delivering the psychoactive compound THC into the bloodstream via the lungs, commonly done with pipes, bongs, or hand-rolled joints, to experience its intoxicating effects. "Transporter" means a person who holds a license by the bureau of cannabis regulation to transport cannabis or cannabis products in an amount above a threshold determined by the bureau between licensees that have been issued a license pursuant to this chapter. “Vaping” means to inhale vapor from a device that heats up and vaporizes a liquid or solid.
5.05.040 Location requirements.
A. No cannabis dispensary, cultivation facility, manufacturing facility, testing facility or any other commercial cannabis business facility may be located within 600 linear feet (measured in a direct line from property line to property line) from a school, day care home, 86 recreational center, youth center, or public park as required by Section 11362.768 of the Health and Safety Code.
B. No cannabis dispensary, cultivation facility, manufacturing facility, or testing facility or any other cannabis business facility may be located within 100 linear feet (measured in a direct line from property line to property line) from the library, children's park, football field, community building or parks and recreation area (pool) as permitted by Section 11362.768 of the Health and Safety Code.
5.05.050 Maximum number of dispensaries permitted citywide.
A. The city may permit up to three dispensaries to operate within city limits, regardless of the location's compliance with any other Section specified in this title.
B. The total number of dispensaries in operation shall be determined based on the number of locations which have been issued a cannabis dispensary permit by the city or are eligible to submit for a cannabis dispensary permit.
C. If the number of applications exceeds the number of permits allowed, a lottery system will be used. City staff will create a lottery process in the event as required D. Dispensaries already operating with the city's permission in the city are deemed permitted to dispense cannabis and cannabis products provided they pay all regulatory fees and taxes and all other requirements and standards of the city's regulatory ordinance, zoning ordinance and tax ordinance and as they may be amended.
5.05.060 Commercial cannabis cultivation.
A. Outdoor commercial cannabis cultivation shall not be allowed in the Dunsmuir historic district and buffer zone.
B. Outdoor commercial cultivation of cannabis outside of the historic district and buffer zone with a conditional use permit issued by the planning commission shall be allowed.
C. Cannabis shall not be grown in a residence by anyone other than the resident.
D. Cannabis cultivation shall not contain an exhibition or product sales area or allow for retail distribution of products at that location.
E. Cannabis cultivation and dispensary facilities shall be required to provide an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the facility, if the use occupies only a portion of a building. Additional air treatment requirements for cannabis consumption lounges are required under the provisions of Section 5.05.145.
5.05.070 Commercial cannabis business permit required.
A. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, in or upon any premises within the city cannabis business without a commercial cannabis business permit. A cannabis business shall register and obtain a commercial cannabis business permit from the city prior to operation. The applicant shall pay a non-refundable fee in an amount established by the city council. 87 B. A copy of the commercial cannabis business permit shall be displayed at all times in a place visible to the public.
C. A commercial cannabis business permit shall be issued to a specific operator and shall be valid for one year, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above-referenced period. Any assignment of a commercial cannabis business permit to a subsequent operator shall be void unless first approved in writing by the city manager. Assignment shall be subject to submittal of an assignment application in accordance with Section 5.05.110 of this chapter.
D. All owners shall comply with California residency requirements as defined in Business and Professions Code § 26054.1(a)(b).
5.05.080 Commercial cannabis business permit.
A. A commercial cannabis business permit shall not be issued to an individual or a business entity associated with an individual, who has violated California Health and Safety Code Section 11590 and its provisions.
B. The commercial cannabis business permit shall be issued to the specific person or persons listed on the cannabis permit application.
C. A commercial cannabis business permit is not assignable, does not transfer with the land, and does not transfer with the transfer of the property except as provided in Sections
5.05.070.C and 5.05.110 of this chapter.
5.05.090 Commercial cannabis business permit application submission process.
A. The city manager or his/her designee will prepare cannabis application forms and a related administrative policy. Each applicant interested in operating pursuant to this Section may submit an application together with a non-refundable processing fee in an amount established by the city council.
B. The initial application period shall be thirty (30) calendar days from the date the applications are released. Should the 30th day fall on a day when city hall is closed, the application period shall be extended to the next open day at 4:00 p.m. Following the application period, the city manager or his/her designee shall stop accepting applications and review all applications received.
C. The city manager or his/her designee shall determine whether each application received demonstrates compliance with the minimum requirements to be eligible to be entered into the selection process. These requirements include:
1. Application was submitted during the application period.
2. Application is filled out completely.
3. Application fee is paid.
4. The location indicated on the application meets the zoning criteria.
5. The location indicated on the application meets the separation criteria established in Section 5.05.040.
6. A planning and/or building permit with a receipt proving payment for processing from the city planning department for the property location the commercial cannabis business will occupy.
88 7. A notarized signature from the property owner authorizing the location to be used for commercial cannabis business activity.
8. Authorization from the management association/CC&R's that a cannabis business use is allowed on that parcel (if applicable).
9. Business owner(s)/applicant(s) referenced on the application completes Live Scan background check.
10. There may be no change in applicant/business owner from the one(s) listed on the commercial cannabis business permit application. The application must identify individual owner(s) as defined in the MCRSA 19320(b)(1. et seq.) as may be amended.
11. All other application documents required in the city's application package instructions, the MCRSA, Proposition 64 and any other applicable regulations as they may be amended.
12. Photographs of the exterior of the building including the entrance(s), exit(s), street frontage(s) and parking area.
13. If the property is being rented, leased or purchased under contract, the lease agreement term, name of lessor or equivalent, shall be provided by a notarized signed affidavit of the property owner.
14. The name and address of the applicant's current agent for service of process.
15. A copy of the applicant's board of equalization seller's permit.
16. A copy of the commercial cannabis business operating standards, listed in Section
5.05.130 and Section 5.05.140 if applicable containing a statement dated and signed by the business owner stating that under penalty of perjury that they read, understand and shall ensure compliance with the aforementioned operating standards.
17. Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate.
18. Release of the city from all liability associated with the commercial cannabis business.
Such a release includes indemnifying the city for claims, damages and injuries that may arise as a result of the commercial cannabis business.
19. If the applicant intends to apply for a conditional use permit to operate a commercial cannabis lounge, the application shall specify whether the lounge is Type I or Type II.
5.05.100 Commercial cannabis business permit application selection process.
A. The city manager or his/her designee will evaluate the applications received and make a determination on the eligibility of each application. The city manager shall confer with law enforcement on the background checks of the listed managers, employees and volunteers.
Each application that is complete and in compliance with this chapter shall be placed on the "qualified commercial cannabis business application list" and the applicant shall be notified in writing that they are a "qualified commercial cannabis business applicant".
B. Qualified applicants will appear on the "qualified applicant list" in the order that they are selected during the independent selection process. The city manager shall maintain the "qualified application list".
C. A qualified commercial cannabis business applicant must submit a written request each year to maintain its status on the "qualified application list". 89 D. All cannabis applications received after the initial application period will be reviewed for completeness and compliance with this chapter. If the application qualifies, it will be placed on a "waitlist" in the order it is received. Applicants placed on the "waitlist" shall be notified in writing of their "waitlist" status.
E. Cannabis applications placed on the "waitlist" will be moved to the "qualified applicant list" when the number of applicants on the "qualified applicant list" falls below twenty (20) and will be notified of the change in writing.
F. The city manager or his/her designee, after receiving the application and aforementioned information, will grant the permit if they find:
1. The required fee has been paid.
2. The application conforms in all respects to the provisions of this chapter.
3. The applicant has not knowingly made a material misrepresentation in the application.
4. The applicant has fully cooperated in the investigation and background checks required by this section.
5. The applicant has not had a commercial cannabis business license or other similar license or permit denied or revoked for cause by this city or any other city in the state within the last five years prior to the date of the application.
6. The commercial cannabis business, as proposed by the applicant would comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements.
7. The applicant has demonstrated compliance with all aspects of the Medical Marijuana Regulation and Safety Act (MCRSA) and any other applicable requirements contained in the California Health and Safety Code.
G. After all tenant improvements have been finalized by the commercial cannabis business owner, the city manager or his/her designee shall perform an inspection of the cannabis business location to confirm compliance with this section.
H. If any of the items listed in the application process are not met, the city manager shall notify the applicant of the deficiency within ten (10) days, after which the applicant will have ten (10) days from receipt of notice to correct the deficiency. If the deficiency is not corrected within ten (10) days, the city manager may deny the permit and notify the applicant of this determination in writing within ten (10) calendar days following the city manager's decision, after which the applicant can appeal the decision in accordance with Section 5.05.120 (appeal of denial of permit reference).
5.05.110 Cannabis permit annual renewal and assignment.
A. Applications for the renewal of a permit shall be filed with the city manager at least sixty (60) calendar days before the expiration of the current permit. Any permittee allowing their permit to lapse or whose permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process.
B. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the city manager who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the city council to defray the cost of the review required by this section. An applicant shall be required to update the information contained in their original permit 90 application and provide any new and/or additional information as may be reasonably required by the city manager in order to determine whether said permit should be renewed.
The city manager may defer review and determination whether said permit may be renewed.
C. Any approved commercial cannabis operator who wishes to assign their permit to another entity shall, together with the proposed assignee, submit a written assignment application on a form prescribed by the city manager. The application shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by the city council to defray the cost of the review required by this section. The city manager shall review the application and determine whether the permit should be assigned. The city manager may defer review and determination on assignments to the City Council.
5.05.120 Appeal of denial of permit.
A. The city manager, in consultation with law enforcement, building official and Dunsmuir Fire Protection District, will review all commercial cannabis business applications, and all other relevant information, and determine if a permit should be granted. If the city manager determines that the permit shall not be granted, the reasons for denial shall be provided in writing to the applicant. The applicant shall have fourteen (14) calendar days from the date of the receipt of the written denial to correct the reasons for denial and request in writing reconsideration of permit issuance. Following review of the amended permit application, the city manager will approve or deny the permit by providing written notice to the applicant.
B. An applicant who disagrees with the city manager's decision may appeal such decision to the city planning commission by submitting a written appeal within five calendar days from receipt of the written denial. A decision of the planning commission may be appealed to the city council if the appeal is submitted in writing to the city clerk within five calendar days following the planning commission's action.
5.05.130 Operational standards for all commercial cannabis business activities.
A. Interior and exterior locations of the business property shall be monitored at all times by closed circuit cameras for security purposes. The cameras and recording system shall be of adequate quality, color rendition and resolution to allow the sufficient identification of any individual committing a crime on location premises. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas must have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. Camera video recordings shall be maintained unaltered in a secure onsite location for a period of not less than fourteen (14) days, and be available for inspection at any time.
B. Recordings shall be maintained, unaltered, for a period of not less than fourteen (14) days and shall be stored digitally. The city or law enforcement may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the city or law enforcement may seek a warrant or court order for the recordings.
C. A commercial cannabis business entity that remains inoperative for more than ninety (90) days shall be deemed "abandoned" and the permit shall be forfeited. A business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the city manager or his or her designee.
91 D. Establish and participate in a track and trace system for reporting the movement of commercial cannabis throughout the distribution chain.
E. Register with the department of pesticide regulation if using any pesticides.
F. Comply with all state regulations regarding labeling and storage of all cannabis products.
G. Meet all state and local regulations for the disposal of all cannabis materials and materials used in conjunction with processing, distributing and cultivating of cannabis.
H. Conform to all state regulations requiring the use of appropriate weighing devices.
I. Conform to all state and local regulations regarding water usage.
J. All electrical and plumbing must comply with state and local regulations.
K. Comply with all state insurance and security bond regulations.
L. The commercial cannabis business shall have a centrally-monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows.
M. Meet all state deadlines for applying for a state license and receive a State license within six months after the date the state begins issuing licenses. This may be waived if the state has longer delays in issuing licenses of the type the commercial cannabis business seeks.
5.05.140 Additional operational standards for dispensaries.
A. If required by the state, at all times the cannabis dispensary is open, the dispensary shall provide at least one security guard who is licensed, possesses a valid department of consumer affairs "security guard card", and has a valid city business license.
B. The security guard and cannabis dispensary personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and do not consume cannabis in the vicinity of the dispensary or on the property or in the parking lot.
C. Signage.
1. All exterior signage shall conform with existing zoning requirements. The existing dispensary signage is "grandfathered" in as of April 1, 2017. Any additional signage modifications shall comply with existing zoning.
2. The following information shall be provided on a sign posted in a conspicuous location inside the cannabis dispensary (excluding cannabis dispensaries with permitted cannabis consumption lounges):
a. Smoking, ingesting or consuming cannabis on this property or within one hundred (100) feet of the business is prohibited.
b. No one under the age of twenty-one (21) shall be allowed to enter this facility unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian, or licensed attending physician. c. The city has not tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.
D. No recommendations from a doctor for medical cannabis shall be issued on-site.
E. Each dispensary owner shall establish minimum training standards for all employees.
F. No storefront cannabis dispensary or manager shall cause or allow the sale, distribution, or consumption of alcoholic beverages, tobacco, or tobacco products on the site; hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of 92 alcoholic beverages for the site; or operate a business on or adjacent to the site that sells alcoholic beverages, tobacco, or tobacco products. No person shall possess or store alcoholic beverages, tobacco, or tobacco products on the site.
G. Drive through sales must be approved in writing by the city prior to implementation.
H. The dispensary shall comply with state department of health requirements pertaining to use of commercial kitchen facilities for the cannabis operations.
I. Hours of operation shall be limited to: Monday—Sunday 8:00 a.m.—10:00 p.m.
J. No one under the age of twenty-one (21) shall be allowed to enter a dispensary unless such person is a qualified patient and is accompanied by his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian.
K. Any commercial cannabis dispensary already in compliance and permitted by the city will be considered selected and continue to operate under the regulations of this chapter, provided however, that in order to continue operating such commercial cannabis business must apply for a commercial cannabis business permit pursuant to this chapter and otherwise meet all other conditions and requirements of this chapter imposed on newly established commercial cannabis businesses.
5.05.145 Additional operational standards for cannabis consumption lounges.
A. No person shall operate a cannabis consumption lounge without first obtaining a conditional use permit approved by the planning commission. Any dispensary containing a cannabis consumption lounge shall at all times display a valid storefront cannabis dispensary permit with a condition that authorizes the operation of a lounge in accordance with this article.
B. The following information shall be provided on a sign posted in a conspicuous location inside any cannabis dispensary containing a permitted cannabis lounge:
1. Smoking, ingesting or consuming cannabis on this property or within one hundred (100) feet of the business is prohibited unless within a Type 1 or Type 2 cannabis consumption lounge area.
2. No one under the age of twenty-one (21) shall be allowed to enter this facility unless they are a qualified patient or a primary caregiver and they are in the presence of their parent, legal guardian, or licensed attending physician. In no event shall anybody under the age of twenty-one (21) be allowed to enter the cannabis lounge located within this facility.
3. The city has not tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed or consumed at this location.
C. A storefront cannabis dispensary permit may authorize the operation of a cannabis consumption lounge with one of the following conditions:
1. Type 1 condition (non-smoking consumption). A type 1 condition on a valid storefront cannabis dispensary permit authorizes a storefront cannabis dispensary permittee to allow persons to consume cannabis and cannabis products, other than by smoking or vaping, in a cannabis consumption lounge on the site, subject to the provisions of this chapter. 93 2. Type 2 condition (all consumption). A type 2 condition on a valid storefront cannabis dispensary permit authorizes storefront cannabis dispensary permittee to allow persons to consume cannabis and cannabis products, including by smoking or vaping, in a cannabis consumption lounge on the site, subject to the provisions of this chapter.
D. Cannabis consumption lounge fees. Separate fees for cannabis consumption lounges are established and updated from time to time by resolution of the City Council. When applying for or renewing a cannabis consumption lounge condition pursuant to this chapter, the applicant shall submit the cannabis consumption lounge program fee, plus the applicable fee for the condition that the applicant is seeking to obtain.
E. All cannabis consumption lounges must comply with the following:
1. Size. A cannabis consumption lounge must be no larger than 1,500 square feet or 50% of the total floor area of the cannabis dispensary site, whichever is smaller.
2. Not visible to the public. The interior of the cannabis consumption lounge must not be visible from the public right-of-way, non-age-restricted areas, unsecured areas surrounding the buildings on the site, or the site's main entrance and lobby.
3. Partitioned. A cannabis consumption lounge must be separated from all other areas of the storefront dispensary by solid walls and doors. The wall may include glass to provide visibility between the dispensary and the lounge.
4. Signage. A sign must be displayed at each entrance to the lounge in a conspicuous place so that all persons entering the lounge may readily see it. Each sign shall be not less than 8 inches by 10 inches in size. The following are sign requirements according to lounge type:
c. Cannabis consumption lounge – type 1 signage. A cannabis consumption lounge operator authorized to operate a type 1 cannabis consumption lounge shall display at each entrance of the lounge a sign that states, “Cannabis consumption, except smoking and vaping, is allowed inside of this lounge. No person under 21 years of age shall be in the lounge.”
d. Cannabis consumption lounge – type 2 signage. A cannabis consumption lounge operator authorized to operate a type 2 cannabis consumption lounge shall display at each entrance of the lounge a sign that states, “Cannabis consumption, including smoking and vaping, is allowed inside of this lounge. No person under 21 years of age shall be in the lounge.”
F. Waste containers. Cannabis consumption lounge operators shall include properly maintained solid waste, organic waste, and recycling containers in sufficient numbers and locations to service the needs of the lounge.
G. Cannabis consumption lounge operating hours. No cannabis consumption lounge operator shall operate a lounge outside of the attached dispensary’s normal operating hours. Any live music within a lounge is subject to prior approval by the city manager and shall be limited to no more than 6 events per year.
94 H. Soundproofing. All lounges must be adequately soundproofed so that the interior noise does not violate chapter 8.12 (Noise Control).
I. Operation and Management. Cannabis lounges shall maintain a management plan that addresses operator and staff experience, good neighbor issues, client supervision, client services, and food services as applicable. Such plan shall be submitted to and approved by the City. The plan shall include the following:
7. Provisions for the operator’s responsibilities to educate their managers, employees, and volunteers about the various types of cannabis and cannabis products allowed in the consumption lounge, including the potency, absorption time, and effects; and provisions for the operator to train their managers, employees, and volunteers to likewise educate customers on their purchases.
8. Provisions for training employees to recognize signs of impairment in their customers.
9. Identification of the cannabis consumption lounge operator and a representative to address community concerns.
10. Provisions to maintain at least one responsible onsite employee at all times for every ten clients.
11. Measures taken to protect employee health, such as wearing protective masks in areas exposed to smoking and vaping.
12. Measures taken for proper on- and off-site security.
J. Manager. The cannabis consumption lounge operator’s manager shall be in the lounge whenever there is a customer in the lounge.
K. Consumption of cannabis and cannabis products on site.
1. Consumption in lounge only. No person shall consume cannabis or cannabis products within a storefront cannabis dispensary in any area other than the cannabis consumption lounge.
2. No cannabis consumption lounge operator shall allow any person to consume in the lounge any cannabis or cannabis product that was not purchased from the associated dispensary.
L. Prepackaged food and beverages.
1. No cannabis consumption lounge operator shall sell or provide for free any cannabis or cannabis products inside the lounge.
2. No cannabis consumption lounge operator may sell or provide for free any food or beverages in the lounge, unless it is prepackaged and does not contain cannabis or alcohol.
95 3. No cannabis consumption lounge operator shall store, display, contaminate, or commingle any prepackaged food or beverage with any cannabis or cannabis product on the site.
M. Customer conduct.
1. Closing announcement. One hour before the closing time of the lounge and at the closing time, the cannabis consumption lounge operator or their manager shall announce the closing time of the lounge and request that customers respect the residents of the adjacent neighbors by being quiet when leaving.
2. Retail limit. No cannabis consumption lounge operator or its manager or employee shall provide cannabis or cannabis products to obviously impaired customers.
3. Car services. A cannabis consumption lounge operator shall provide written information on ridesharing and ride-hailing car services for their customers.
4. Entry and exit of the lounge. A cannabis consumption lounge operator or its manager, employee, or volunteer shall escort customers in and out of the lounge.
5. No loitering shall be permitted- immediately outside the lounge, on neighboring properties, in parking areas, and in City public areas, within two hours of closing.
N. Additional cannabis consumption lounge premise restrictions – type 2. A type 2 cannabis consumption lounge must comply with the following:
1. Negative pressure. The lounge must be designed to have negative pressure to limit leakage of smoke and particulate matter into the non-smoking areas of the site.
2. HVAC. Type 2 Condition (all consumption) lounges must have an HVAC system that does not recirculate air and that has a high rate of air exchange.
3. Odor prevention. The lounge must have an odor-absorbing ventilation and exhaust system that prevents the odor generated from inside of the lounge from being detected outside of the site or within any other area located within the same building as the lounge.
4. Masks. Employees shall not be penalized for wearing a mask for respiratory protection in any area where cannabis is smoked. If an employee chooses to wear a mask, the lounge operator must pay for it (California Business and Professions Code Section 26200(g)(2)(G).
5.05.150 Deliveries.
A. Deliveries may be made from a licensed dispensary or retail outlet.
B. All employees who deliver cannabis must have a valid identification card at all times while the delivery is being made.
C. Deliveries may only take place during normal business hours of the dispensary or retail outlet.
96 D. A customer requesting delivery shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers.
E. A dispensary or retail outlet shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered and any other information required by the state.
F. A cannabis business shall only maintain and deliver cannabis in aggregate amounts tied to its client's order. A cannabis business shall ensure compliance with state law limits as they regard cannabis and cannabis products.
G. A manifest with all information required in this section must accompany any delivery person or delivery method at all times during the delivery process and delivery hours.
5.05.160 Maintenance of records.
A. A cannabis dispensary shall maintain records at the location accurately and truthfully documenting:
1. The full name, address, and telephone number(s) of the owner, landlord, and/or lease of the location;
2. The full name, address, and telephone number(s) of all members who are engaged in the management of the dispensary.
3. Medical cannabis dispensaries shall maintain the full name, address and telephone number(s) of all patient members to whom the business provides medical cannabis and a copy of a physician-issued recommendation card for all patient members.
4. All receipts of the dispensary, including but not limited to: all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the dispensary.
B. These records shall be maintained for a period of seven years and shall be made available by the dispensary to the law enforcement and/or code enforcement officials upon request.
5.05.170 Inspection and enforcement responsibilities.
City code enforcement officials may enter and inspect the location of any commercial cannabis business between the normal business hours to ensure compliance with this section.
In addition, law enforcement may enter and inspect the location of any cannabis business and the recordings and records maintained as required by this section, except that the inspection and copying of private medical records shall be made available to law enforcement only pursuant to a properly executed search warrant, subpoena, or court order. A person engaging in commercial cannabis business without a permit and associated unique identifiers required by this chapter shall be subject to civil penalties of up to twice the amount of the permit fee for each violation, and the department, state or local authority, or court may order the destruction of cannabis associated with that violation. A violator shall be responsible for the cost of the destruction of cannabis associated with his or her violation, in addition to any amount covered by a bond required as a condition of licensure. Each day of operation shall constitute a separate violation of this section.
97 5.05.180 Fees.
All cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:
A. Application Fee. The business applicant shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business.
B. Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by the Dunsmuir Municipal Code.
C. Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
5.05.190 Violation and enforcement.
Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the municipal code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the business's commercial cannabis business permit, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the cannabis business and persons related or associated with the cannabis business.
98
City of Dunsmuir
STAFF REPORT
RE: Public Hearing Short-term rental ordinance changes MEETING DATE: 5/7/26 SUBMITTED BY: Interim City Manager
PURPOSE OF REPORT: Information only Discussion Action Item PLACEMENT ON AGENDA: New Business Old Business Consent
Special Presentation Public Hearing
WHAT IS BEING ASKED OF THE CITY COUNCIL: Make changes to the Short-term Rental ordinance BACKGROUND/DISCUSSION: The City adopted a short term ordinance. When the ordinance was written, it specified the use as an accessory use. The actual implementation has been that this is a permitted use. This item clarifies and makes a revision to the ordinance. The proposed revisions included in Ordinance 585 would 1) allow short-term rentals as permitted uses rather than accessory uses in all zoning districts allowing residential uses, and 2) reduce the parking requirements for short-term rentals in the T-C and MU-3 zoning district.
OPTIONS: Open public hearing, hear from residents, make changes or approve as written FISCAL IMPACT:
None Yes Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:
Affected fund(s): General Fund Water Fund Sewer Fund Other:
Comments:
SUGGESTED MOTIONS: Motion to introduce ordinance 585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR AMENDING TITLE 17 OF THE DUNSMUIR MUNICIPAL CODE AS FOLLOWS: AMENDING SECTIONS
17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, AND 17.64 RELATED TO ALLOWING SHORT-TERM RENTALS AS PERMITTED USES IN ALL ZONING DISTRICTS THAT ALLOW RESIDENTIAL USES; AND AMENDING SECTION
17.100.060 TO REDUCE PARKING REQUIREMENTS FOR SHORT-TERM RENTALS IN THE TOWN CENTER (T-C) AND MIXED USE 3 (MU-3) ZONING DISTRICT, and to waive further reading of the text Attachments: Staff report from prior planner Hankins and planning commission resolution 99 CITY OF DUNSMUIR
STAFF REPORT TO PLANNING COMMISSION
October 8, 2025
ZONING ORDINANCE AMENDMENT TO DMC SECTIONS 17.16, 17.20, 17.24, 17.28, 17.32, 17.36,
17.40, AND 17.64, TO ALLOW SHORT-TERM RENTALS AS PERMITTED USES IN ALL DISTRICTS THAT ALLOW RESIDENTIAL USES; AND DMC SECTION 17.100.060 TO REDUCE PARKING REQUIREMENTS FOR SHORT-TERM RENTALS IN THE TOWN CENTER (T-C) & MIXED USE (MU-3) ZONING DISTRICT AND MIXED USE(MU-3(ZOA 25-02)
SUMMARY: The proposed ordinance amending Dunsmuir Municipal Code Sections
17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.64, and 17.100.060 would allow short-term rentals as permitted uses in all zoning districts that allow residential uses, and would reduce parking requirements for short-term rentals in the Town Center (T-C) and MU-3 zoning district.
ENVIRONMENTAL DETERMINATION: Exempt per California Environmental Quality Act (CEQA) RECOMMENDATIONS:
Sections 15301 and 15061(b)(3).
Adopt Ordinance 585 amending Sections 17.16, 17.20, 17.24, 17.28,
17.32, 17.36, 17.40, 17.64, and 17.100.060 of the Dunsmuir Municipal Code related to short-term rentals.
ATTACHMENT: 1. Resolution PC-2026-03 A Resolution of the Planning Commission of the City of Dunsmuir Recommending that the City Council Adopt an Ordinance Amending Title 17 of the Dunsmuir Municipal Code as Follows: Amending Sections 17.16, 17.20, 17.24,
17.28, 17.32, 17.36, 17.40, and 17.64 Related to Allowing Short-term Rentals as Permitted Uses in All Districts that Allow Residential Uses; and Amending Section 17.100.060 to Reduce Parking Requirements for Short-Term Rentals in the Town Center (T-C) and Mixed Use 3 (MU-3) Zoning District
OVERVIEW
On July 17, 2025, staff sought direction from City Council on Dunsmuir Municipal Code (DMC) Chapter
17.100 Short-term Rentals (STRs) due to conflicts between the STR chapter and other portions of the Zoning Code. Title 17 Zoning of the Dunsmuir Municipal Code (DMC) currently allows short-term rentals (STRs) only as accessory uses in zones allowing residential uses (see Sections 17.16.030,
17.20.030, 17.24.030, 17.28.030, 17.32.030, 17.36.030, 17.40.030, and 17.64.030). Per the DMC, accessory uses may only be established once a permitted (or primary) use is established. The current Zoning Code language would therefore, for example, preclude STRs in residential zones unless the STR consisted only of a portion of an established residence. In practice, however, the majority of the STRs in the City are within residential zones and are the primary uses on those properties. 100
Council indicated on July 17, 2025, that their intention in adopting the original STR ordinance was to allow STRs as permitted (or primary) uses in all zoning districts that allow residential uses. Staff is therefore recommending that DMC sections 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, and 17.64 be amended to allow STRs as permitted uses rather than accessory uses. This modification will clarify the code for staff and property owners to prevent future confusion about land use requirements for STRs.
In addition, according to current records, only one STR out of the City’s 78 STRs is located within the Town Center (T-C) zoning district. In order to support the development of STRs within the T-C district, which is the central downtown business area, staff recommends that the City reduce parking requirements for STRs in the T-C and MU-3 district, as the current parking requirements could make STR development infeasible in theses zoning districts. Most properties in the T-C & MU-3 district are currently built out and have no existing parking, nor room to develop new off-street parking in conjunction with a usable structure given that most have lot widths of 50 feet or less. An exception to the parking requirement would be made if parking is already developed onsite, in which case the offstreet parking would be required to be maintained.
Figure 1: Dunsmuir Town Center (T-C) Zoning District
Finally, staff recommends removing the phrase “When located in a zoning district where off-street parking is required” as the qualifying agent for determining when off-street parking is required for STRs (DMC Section 17.100.060) given that off-street parking is not determined by zoning district but by use (DMC Section 17.76.140), which is STR, whose parking requirements are already defined in the same section. This recommended deletion would clarify the code and streamline the review process for staff.
These zoning ordinance amendments are needed to support STRs in the community, which are the second largest revenue source for the City in combination with other transient occupancy tax (TOT) uses.
101
Proposed Revisions to Sections 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.64, and 17.100.060 of the Dunsmuir Municipal Code
The proposed revisions would 1) allow short-term rentals as permitted uses rather than accessory uses in all zoning districts allowing residential uses, and 2) reduce the parking requirements for short-term rentals in the T-C AND MU-3 zoning districts.
The proposed zoning amendment is shown below with text in strikeout indicating deletion and double underline indicating addition.
Chapter 17.16 Low Density Residential, R-1
****
17.16.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permit(s), none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-1 zoning district:
A. Residential care homes.
B. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
B.C. Single-family residential.
C.D. Small employee housing.
D.E. Supportive housing.
E.F. Transitional housing.
17.16.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter
17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
F. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
G.F. Signs pursuant to Chapter 17.80 (Signs).
H.G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.20 Medium Density Residential, R-2
****
17.20.020 Permitted uses.
102
Subject to issuance of a building permit, business license, and other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-2 zoning district:
A. Duplex residential.
B. Residential care homes.
C. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
C.D. Single-family residential.
D.E. Small employee housing.
E.F. Supportive housing.
F.G. Transitional housing.
17.20.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter
17.116 (Accessory Dwelling Units).
B. Family childcare homes.
C. Home occupations pursuant to Section 17.96.040 (Home occupations).
D. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
E. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
F.E. Signs pursuant to Chapter 17.80 (Signs).
G.F. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.24 High Density Residential, R-3
****
17.24.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-3 zoning district:
A. Dormitories.
B. Duplex residential.
C. Multifamily residential.
D. Residential care homes.
E. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
E.F. Single-family residential.
F.G. Small employee housing.
G.H. Supportive housing.
103
H.I. Transitional housing.
17.24.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter
17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
F. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
G.F. Signs pursuant to Chapter 17.80 (Signs).
H.G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.28 Residential Mixed Use, MU-1
****
17.28.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-1 zoning district:
A. Artist studios.
B. Community gardens pursuant to Section 17.92.150 (Community gardens).
C. Live/work units pursuant to Section 17.96.030 (Live/work units).
D. Media production.
E. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
F. Personal services, self-service laundromats with use permit.
G. Professional offices.
H. Public and private schools, onsite attendance of thirty-five (35) or fewer students.
I. Residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care homes.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
104
7. Transitional housing.
J. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
J.K. Small adult day programs.
17.28.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
F. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
G.F. Signs pursuant to Chapter 17.80 (Signs).
H.G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.32 Neighborhood Mixed Use, MU-2
****
17.32.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the MU-2 zoning district:
A. Artist studios.
B. Artisan crafts manufacturing.
C. Banks and financial services.
D. Business and professional offices.
E. Business support services.
F. Community gardens pursuant to Section 17.92.150 (Community gardens).
G. Convenience stores and pharmacies.
H. Craft food and beverage production, alcohol with use permit.
I. Grocery stores and supermarkets.
J. Health clinics, medical offices, and laboratories.
K. Indoor sports and fitness facilities.
L. Live/work units pursuant to Section 17.96.030 (Live/work units).
M. Media production.
105
N. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
O. Personal services.
P. Printing and publishing.
Q. Public and private schools.
R. Residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care homes.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
7. Transitional housing.
S. Retail food establishments.
T. Retail sales.
U. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
U.V. Small adult day programs.
V.W. Veterinary offices.
17.32.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).
G. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
H. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
I.H. Signs pursuant to Chapter 17.80 (Signs).
J.I. Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.
K.J. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening). 106
Chapter 17.36 Central Mixed Use, MU-3
****
17.36.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-3 zoning district:
A. Artist studios.
B. Artisan crafts manufacturing.
C. Banks and financial services.
D. Business and professional offices.
E. Business support services.
F. Clubs, lodges, and private meeting halls.
G. Community gardens pursuant to Section 17.92.150 (Community gardens).
H. Convenience stores and pharmacies.
I. Craft food and beverage production.
J. Grocery stores and supermarkets.
K. Health clinics, medical offices, and laboratories.
L. Indoor sports and fitness facilities.
M. Live/work units pursuant to Section 17.96.030 (Live/work units).
N. Media production.
O. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
P. Personal services.
Q. Printing and publishing.
R. Public and quasi-public facilities.
S. Residential uses:
1. Duplex residential.
2. Emergency shelters pursuant to Section 17.92.110 (Emergency shelters).
3. Multifamily residential.
4. Residential care home.
5. Single-family residential.
6. Small employee housing.
7. Supportive housing.
8. Transitional housing.
T. Retail food establishments.
U. Retail sales.
V. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
V.W. Small adult day programs.
107
W.X. Transient occupancy uses:
1. Bed & breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).
2. Hostels, forty (40) guests or fewer.
3. Hotels and motels, thirty-five (35) guest rooms or fewer.
17.36.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).
G. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
H. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
I.H. Signs pursuant to Chapter 17.80 (Signs).
J.I. Temporary outside sales such as sidewalk or patio sales not exceeding three (3) days in any thirty (30)-day period.
K.J. Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.40 Town Center, T-C
****
17.40.020 Permitted uses.
The following uses are permitted in the T-C zone district subject to issuance of a building permit, business license or other required permit(s):
A. Adult day programs.
B. Alcoholic beverage sales.
C. Artisan crafts manufacturing.
D. Artist studios.
E. Banks and financial services.
F. Business and professional offices.
G. Business support services.
H. Clubs, lodges, and private meeting halls.
I. Community gardens pursuant to Section 17.92.150 (Community gardens).
J. Convenience stores and pharmacies.
108
K. Craft food and beverage production.
L. Grocery stores and supermarkets.
M. Health clinics, medical offices, and laboratories.
N. Hostels, hotels, and motels.
O. Indoor entertainment facilities.
P. Indoor sports and fitness facilities.
Q. Live/work units pursuant to Section 17.96.030 (Live/work units).
R. Media production.Mixed-use developments of two (2) or more nonresidential uses permitted pursuant to this section.
S. Personal services.
T. Printing and publishing.
U. Public and private schools, onsite attendance of thirty-five (35) or fewer students.
V. Public and quasi-public facilities.
W. Retail food establishments.
X. Retail sales.
Y. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
Y.Z. Theaters and playhouses.
Z.AA. Vertical mixed-use developments of one (1) or more permitted nonresidential use and one (1) or more of the following residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care home.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
7. Transitional housing.
17.40.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the T-C zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).
G. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals). 109
H.G. Signs pursuant to Chapter 17.80 (Signs).
I.H. Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.
J.I. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.64 Planned Development, P-D
****
17.64.020 Permitted uses.
Provided there is no division of property, and subject to issuance of a building permit, business license or other required permit(s), the following uses, and uses which in the opinion of the Planning Commission are similar, are allowed as principally permitted uses in the P-D zoning district without the need for a planned development permit:
A. Crop and tree production.
B. Public and quasi-public facilities.
C. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
C.D. Single-family residential.
17.64.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the P-D zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
F.E. Signs pursuant to Chapter 17.80 (Signs).
G.F. Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
Chapter 17.100 Short-term Rentals
****
17.100.060 Operational Standards
C. Parking. When located in a zoning district where off-street parking is required, oOne offstreet parking space shall be provided for short-term rentals with two (2) or fewer bedrooms and two (2) off-street parking spaces shall be provided for short-term rentals with three (3) or more bedrooms, with the exception of short-term rentals in the Town Center (T-C) zoning district, which are not required to provide off-street parking unless it is already available onsite. When located on property with more than one (1) dwelling 110
unit, the off-street parking requirement for the short-term rental is in addition to all other off-street parking requirements. No vehicle, including without limitation boat trailers and recreational vehicles, may be parked at a short-term rental outside of improved parking areas or in a location or manner that does not comply with city standards.
GENERAL PLAN CONSISTENCY
The proposed ordinance amendment is consistent with the General Plan Land Use Element goals and policies to “attract tourists and accommodate their needs” (Goal LU-I), “provide ample zoning to accommodate tourist support services” (Policy LU-1.3), and “encourage tourism within the Dunsmuir area” (Policy LU-1.4). The proposed amendment would support the continued operation and development of short-term rentals in Dunsmuir in order to accommodate tourist services.
ENVIRONMENTAL DETERMINATION
The revisions set forth in the proposed ordinance amending Sections 17.16, 17.20, 17.24, 17.28, 17.32,
17.36, 17.40, 17.64, and 17.100.060 of the Dunsmuir Municipal Code, as they relate to short-term rentals, are minor in nature, the adoption of which would not result in any significant environmental effects. The project is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15061(b)(3), and no further CEQA review is required to approve the amendment.
CONCLUSION
Staff is recommending that the Planning Commission adopt Resolution PC-2026-03 recommending approval of the ordinance amending Dunsmuir Municipal Code Sections 17.16,
17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.64, and 17.100.060 to the City Council. ___________________________
Jessica Hankins, AICP
City Planner
111
112
113
ORDINANCE NO. 585
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR AMENDING TITLE 17 OF THE DUNSMUIR MUNICIPAL CODE AS FOLLOWS: AMENDING SECTIONS 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, AND 17.64 RELATED TO
ALLOWING SHORT-TERM RENTALS AS PERMITTED USES IN ALL ZONING DISTRICTS THAT ALLOW RESIDENTIAL USES; AND AMENDING SECTION
17.100.060 TO REDUCE PARKING REQUIREMENTS FOR SHORT-TERM RENTALS IN THE TOWN CENTER (T-C) AND MIXED USE 3 (MU-3) ZONING DISTRICT WHEREAS, Title 17 Zoning of the Dunsmuir Municipal Code allows short-term rentals only as accessory uses in Section 17.16 Low Density Residential (R-1), Section 17.20 Medium Density Residential (R-2), 17.24 High Density Residential (R-3), 17.28 Residential Mixed Use (MU-1), 17.32 Neighborhood Mixed Use (MU-2), 17.36 Central Mixed Use (M-3),
17.40 Town Center (T-C), and 17.64 Planned Development (P-D); and WHEREAS, accessory uses require a principally permitted use to be established prior to or concurrently with the accessory use, and therefore, the current Zoning Code requires short-term rentals to be established with or after a primary use (typically a primary single-family or multi-family residence or commercial use) and not as standalone uses; and WHEREAS, the majority of short-term rentals in the City of Dunsmuir would be made invalid by the current Zoning Code as they are the principal uses on their subject properties and are not accessory to principally permitted uses; and WHEREAS, the intention of the City Council in developing Dunsmuir Municipal Code Chapter 17.100 “Short-term Rentals” was to allow short-term rentals as primary uses in all zoning districts allowing residential uses as evidenced in Section 17.100.040 which states, “Short-term rentals are allowed in all zone districts that allow residential use with approval of a transient occupancy registration certificate [ . . . ]” and as indicated by City Council at the regular meeting that occurred on July 17, 2025; and
WHEREAS, the City wishes to ensure internal consistency in Title 17 Zoning of the Dunsmuir Municipal Code regarding short-term rentals; and WHEREAS, the City seeks to clarify for staff and property owners that short-term rentals are an allowable principally permitted use subject to the provisions of Chapter 17.100 ShortTerm Rentals; and WHEREAS, most properties in the Town Center (T-C) zoning district are currently improved with no off-street parking; and
WHEREAS, most properties in the T-C zoning district have 50-foot-wide frontages or less, as evidenced by Assessor’s Map 58-11 and 58-14, and this amount of frontage is generally infeasible to provide off-street parking along with a usable structure; and WHEREAS, the City has an interest in supporting the development of short-term rentals within the T-C zoning district due to its centralized downtown location; and WHEREAS, off-street parking requirements are not determined by zoning district but by use as established in Section 17.76 of the Dunsmuir Municipal Code; and 114
WHEREAS, the City has an interest in ensuring the continuing operations and development of short-term rentals in the City; and
WHEREAS, planning staff presented an oral and written staff report on the draft ordinance amending Sections 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.64, and
17.100 of Title 17, Zoning of the Dunsmuir Municipal Code at the Planning Commission’s regularly
scheduled meeting on April 8, 2026, and the Planning Commission recommended by a 5 to 1 vote that the City Council adopt the ordinance amending Title 17 of the Dunsmuir Municipal Code; and
WHEREAS, a Notice of Public Hearing was published in the Mt. Shasta Herald on September 10, 2025, more than 20 days in advance of the Planning Commission public hearing on October 8, 2025, pursuant to Government Code section 65854.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dunsmuir does ordain as follows:
SECTION I: Section 17.16 “Low Density Residential” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.16 Low Density Residential, R-1
****
17.16.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permit(s), none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-1 zoning district:
A. Residential care homes.
B. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
C. Single-family residential.
D. Small employee housing.
E. Supportive housing.
F. Transitional housing.
17.16.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units). 115
F. Signs pursuant to Chapter 17.80 (Signs).
G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION II: Section 17.20 “Medium Density Residential” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.20 Medium Density Residential, R-2
****
17.20.020 Permitted uses.
Subject to issuance of a building permit, business license, and other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-2 zoning district:
A. Duplex residential.
B. Residential care homes.
C. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
D. Single-family residential.
E. Small employee housing.
F. Supportive housing.
G. Transitional housing.
17.20.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Family childcare homes.
C. Home occupations pursuant to Section 17.96.040 (Home occupations).
D. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
E. Signs pursuant to Chapter 17.80 (Signs).
F. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION III: Section 17.24 “High Density Residential” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.24 High Density Residential, R-3
****
116
17.24.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as a principally permitted use in the R-3 zoning district:
A. Dormitories.
B. Duplex residential.
C. Multifamily residential.
D. Residential care homes.
E. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
F. Single-family residential.
G. Small employee housing.
H. Supportive housing.
I. Transitional housing.
17.24.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the R-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
F. Signs pursuant to Chapter 17.80 (Signs).
G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION IV: Section 17.28 “Residential Mixed Use” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.28 Residential Mixed Use, MU-1
****
17.28.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-1 zoning district:
A. Artist studios.
117
B. Community gardens pursuant to Section 17.92.150 (Community gardens).
C. Live/work units pursuant to Section 17.96.030 (Live/work units).
D. Media production.
E. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
F. Personal services, self-service laundromats with use permit.
G. Professional offices.
H. Public and private schools, onsite attendance of thirty-five (35) or fewer students.
I. Residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care homes.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
7. Transitional housing.
J. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
K. Small adult day programs.
17.28.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-1 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
F. Signs pursuant to Chapter 17.80 (Signs).
G. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION V: Section 17.32 “Neighborhood Mixed Use” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.32 Neighborhood Mixed Use, MU-2
****
118
17.32.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the Planning Commission are similar, will be allowed as principally permitted uses in the MU-2 zoning district:
A. Artist studios.
B. Artisan crafts manufacturing.
C. Banks and financial services.
D. Business and professional offices.
E. Business support services.
F. Community gardens pursuant to Section 17.92.150 (Community gardens).
G. Convenience stores and pharmacies.
H. Craft food and beverage production, alcohol with use permit.
I. Grocery stores and supermarkets.
J. Health clinics, medical offices, and laboratories.
K. Indoor sports and fitness facilities.
L. Live/work units pursuant to Section 17.96.030 (Live/work units).
M. Media production.
N. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
O. Personal services.
P. Printing and publishing.
Q. Public and private schools.
R. Residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care homes.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
7. Transitional housing.
S. Retail food establishments.
T. Retail sales.
U. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
V. Small adult day programs.
W. Veterinary offices.
119
17.32.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-2 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).
G. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
H. Signs pursuant to Chapter 17.80 (Signs).
I. Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.
J. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION VI: Section 17.36 “Central Mixed Use” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.36 Central Mixed Use, MU-3
****
17.36.020 Permitted uses.
Subject to issuance of a building permit, business license, and/or other required permits, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed as principally permitted uses in the MU-3 zoning district:
A. Artist studios.
B. Artisan crafts manufacturing.
C. Banks and financial services.
D. Business and professional offices.
E. Business support services.
F. Clubs, lodges, and private meeting halls.
G. Community gardens pursuant to Section 17.92.150 (Community gardens).
H. Convenience stores and pharmacies.
I. Craft food and beverage production.
J. Grocery stores and supermarkets.
120
K. Health clinics, medical offices, and laboratories.
L. Indoor sports and fitness facilities.
M. Live/work units pursuant to Section 17.96.030 (Live/work units).
N. Media production.
O. Mixed-use developments of two (2) or more uses permitted pursuant to this section.
P. Personal services.
Q. Printing and publishing.
R. Public and quasi-public facilities.
S. Residential uses:
1. Duplex residential.
2. Emergency shelters pursuant to Section 17.92.110 (Emergency shelters).
3. Multifamily residential.
4. Residential care home.
5. Single-family residential.
6. Small employee housing.
7. Supportive housing.
8. Transitional housing.
T. Retail food establishments.
U. Retail sales.
V. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
W. Small adult day programs.
X. Transient occupancy uses:
1. Bed & breakfast inns pursuant to Chapter 17.104 (Bed and Breakfast Inns).
2. Hostels, forty (40) guests or fewer.
3. Hotels and motels, thirty-five (35) guest rooms or fewer.
17.36.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the MU-3 zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales). 121
G. Second dwelling units pursuant to Section 17.92.040 (Second dwelling units).
H. Signs pursuant to Chapter 17.80 (Signs).
I. Temporary outside sales such as sidewalk or patio sales not exceeding three (3) days in any thirty (30)-day period.
J. Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION VII: Section 17.40 “Town Center” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.40 Town Center, T-C
****
17.40.020 Permitted uses.
The following uses are permitted in the T-C zone district subject to issuance of a building permit, business license or other required permit(s):
A. Adult day programs.
B. Alcoholic beverage sales.
C. Artisan crafts manufacturing.
D. Artist studios.
E. Banks and financial services.
F. Business and professional offices.
G. Business support services.
H. Clubs, lodges, and private meeting halls.
I. Community gardens pursuant to Section 17.92.150 (Community gardens).
J. Convenience stores and pharmacies.
K. Craft food and beverage production.
L. Grocery stores and supermarkets.
M. Health clinics, medical offices, and laboratories.
N. Hostels, hotels, and motels.
O. Indoor entertainment facilities.
P. Indoor sports and fitness facilities.
Q. Live/work units pursuant to Section 17.96.030 (Live/work units).
R. Media production.
S. Mixed-use developments of two (2) or more nonresidential uses permitted pursuant to this section.
T. Personal services.
U. Printing and publishing.
122
V. Public and private schools, onsite attendance of thirty-five (35) or fewer students.
W. Public and quasi-public facilities.
X. Retail food establishments.
Y. Retail sales.
Z. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
AA. Theaters and playhouses.
BB. Vertical mixed-use developments of one (1) or more permitted nonresidential use and one (1) or more of the following residential uses:
1. Duplex residential.
2. Multifamily residential.
3. Residential care home.
4. Single-family residential.
5. Small employee housing.
6. Supportive housing.
7. Transitional housing.
17.40.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the T-C zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Certified farmers’ markets.
C. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
D. Family childcare homes.
E. Home occupations pursuant to Section 17.96.040 (Home occupations).
F. Mobile food sales pursuant to Chapter 17.112 (Mobile Food Sales).
G. Signs pursuant to Chapter 17.80 (Signs).
H. Temporary outside sales associated with a permitted nonresidential use, such as sidewalk or patio sales, not exceeding three (3) days in any thirty (30)-day period.
I. Usual and customary structures associated with a permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION VIII: Section 17.64 “Planned Development” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.64 Planned Development, P-D
****
123
17.64.020 Permitted uses.
Provided there is no division of property, and subject to issuance of a building permit, business license or other required permit(s), the following uses, and uses which in the opinion of the Planning Commission are similar, are allowed as principally permitted uses in the P-D zoning district without the need for a planned development permit:
A. Crop and tree production.
B. Public and quasi-public facilities.
C. Short-term rentals pursuant to Chapter 17.100 (Short-Term Rentals).
D. Single-family residential.
17.64.030 Accessory uses.
When established or constructed concurrently with or subsequent to the principally permitted use, the following uses are permitted in the P-D zoning district subject to issuance of a building permit, business license, or other required permit(s):
A. Accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.116 (Accessory Dwelling Units).
B. Cottage food operations pursuant to Section 17.96.050 (Cottage food operations).
C. Family childcare homes.
D. Home occupations pursuant to Section 17.96.040 (Home occupations).
E. Signs pursuant to Chapter 17.80 (Signs).
F. Usual and customary structures associated with a principally permitted use, including fences and walls pursuant to Section 17.92.120 (Fences, walls, hedges, and equivalent screening).
SECTION IX: Section 17.100 “Short-term Rentals” of the Dunsmuir Municipal Code is hereby amended to read as follows:
Chapter 17.100 Short-term Rentals
****
17.100.060 Operational Standards
C. Parking. One off-street parking space shall be provided for short-term rentals with two (2) or fewer bedrooms and two (2) off-street parking spaces shall be provided for short-term rentals with three (3) or more bedrooms, with the exception of short-term rentals in the Town Center (T-C) and Mixed Use (MU-3) zoning district, which are not required to provide off-street parking unless it is already available onsite. When located on property with more than one (1) dwelling unit, the off-street parking requirement for the short-term rental is in addition to all other off-street parking requirements. No vehicle, including without limitation boat trailers and recreational vehicles, may be parked at a short-term rental outside of improved parking areas or in a location or manner that does not comply with city standards.
SECTION II: Because there is not substantial evidence, in light of the whole record before the City, that this ordinance would have a significant impact on the environment, the City Council has determined that this ordinance is exempt from the California Environmental Quality Act (CEQA) 124
pursuant to pursuant to CEQA Guidelines Section 15301, Existing Facilities, and Section 15061(b)(3), the “common sense exemption.”
SECTION III: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION IV: This ordinance shall become effective thirty (30) days after its passage, and within fifteen (15) days after its adoption a summary of it shall be published in the Siskiyou News, printed and published in Siskiyou County.
PASSED AND ADOPTED this ____ day of _____________ 2026, at a regular meeting of the City of Dunsmuir City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________ Juliana Lucchesi, Mayor ATTEST: _________________________________ Wendy Perkins, City Clerk 125