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AGENDA FOR THE SPECIAL MEETING OF THE ETNA CITY COUNCIL DATE OF THE MEETING: September 26, 2024
TIME OF THE MEETING: 6:00 pm
PLACE OF THE MEETING: 442 Main Street Etna, CA, and TELECONFERENCE (Zoom)
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
Public Comment - Non-Agenda Items - The City Council cannot take action or comment on non agenda items.
PUBLIC HEARING (Continuation)
a. 504 Main Street Use Permit & Draft Resolution 2024-015 - A Resolution of the City Council of the City of Etna Conditionally Approving the Main Street Garage Use Permit Application for 504 Main Street
CURRENT BUSINESS
a. Discuss/Approve Notice of Exemption for Emergency Backup Well Project b. Discuss/Approve Resolution 2024-017 - CAL FIRE 50/50 Grant c. Swear in Larry Hicks as New Assistant Fire Chief
d. Acknowledge Teresa Arrwood as New Fire Department Secretary
CLOSED SESSION
a. Pursuant to Government Code §54957(b) Personnel Matters - Public Employee Appointment
2. 3.
4. 5.
1. Eight Volunteer Fire Department Members
6. CITY COUNCIL STATEMENTS AND REQUESTS
7. ADJOURNMENT
Zoom Teleconference Information:
Phone: 1-669-444-9171 US Meeting ID: 833 9310 7580
https://us06web.zoom.us/i/83393107580
The City of Etna does not discriminate based on disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability-related aids or services, including printed infonnation in alternate formats, to enable persons with disabilities to participate in public meetings are available. If any accommodations are needed, please contact Pamela Eastlick at 530-467-5256 [email protected]. Requests should be made as soon as possible but recommended between three days to one week prior to the scheduled meeting.
442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
CITY OF ETNA
STAFF REPORT TO CITY COUNCIL
September 26, 2024
MAIN STREET GARAGE CONDITIONAL USE PERMIT
Sparrow Tang
Denny Bar Company, LLC
11219 North Hwy 3
Fort Jones, CA 96032
APPLICANT:
Sparrow Tang
KAVIK, LLC
504 Main Street
Etna, CA 96027
PROPERTY OWNER:
PROJECT SUMMARY: The project is a proposed use permit to allow the retail sale of beer, wine, liquor, and/or other alcoholic beverages for on-site consumption as the principal use (i.e., on-sale alcoholic beverage sales) along with live entertainment and outdoor seating.
504 Main Street (APN 056-161-100)
Central Business District (CBD)
Central Commercial (C-1)
Bicycle manufacturing
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, 15304, and 15061(b)(3) of the CEQA Guidelines.
PROJECT LOCATION:
GENERAL PLAN:
ZONING:
EXISTING USE:
ENVIRONMENTAL
RECOMMENDATION: Approval with Conditions
ATTACHMENTS: A. Draft Resolution 2024-015, A Resolution of the City Council of the City of Etna Conditionally Approving the Main Street Garage Use Permit Application for 504 Main Street
B. Applicant’s Project Narrative & Supplemental
PROJECT OVERVIEW
The City has received an application for a use permit from Sparrow Tang, DBA: KAVIK, LLC and Denny Bar Company, LLC, to permit the retail sale of beer, wine, liquor, and/or other alcoholic beverages for on-site consumption as the principal use (i.e., on-sale alcoholic beverage sales) with associated live entertainment and outdoor seating at 504 Main Street (APN 056-161-100). The 0.37-acre property is located at the intersection of Main Street and Diggles Street diagonally opposite Denny Bar Company and is developed with an approximately 4,668-square foot commercial structure known as the Main Street Garage. The property is located in the Central Commercial (C-1) district and is surrounded by parcels with identical commercial zoning (see Figures 1 & 2 below).
Main Street Garage Use Permit Page 1
Figure 1, Project Area Zoning
Figure 2, 504 Main Street (facing south)
Nearby land uses include a commercial property utilized as a single-family residence immediately to the east, Farmhouse Butcher Shop approximately 80 feet to the north, Denny Bar Company approximately 70 feet to the northwest, the Etna Museum approximately 90 feet to the southwest, and an agricultural outbuilding approximately 180 feet to the southeast. Additional residential uses are located beyond the Museum to the southwest (see Figure 3).
Main Street Garage Use Permit Page 2
Figure 3, Project Site Aerial Overview {parcel boundaries are approximate) According to the applicant, the desire is to establish “a premier destination for both locals and visitors, featuring signature cocktails, a curated wine selection, and craft beers.” Further, the proposed “upscale establishment aims to elevate the local experience by providing a sophisticated ambiance, an extensive drink menu, and exceptional service.”
The business would operate on a limited basis with hours of operation proposed as Friday through Sunday, from 1:00 p.m. to 10:00 p.m. The applicant states that the business will likely require 8-10 full/part time positions and require four employees during the busiest shift. The project includes outdoor seating for 8-10 and an estimated maximum occupancy of 65.
Live music is proposed within the building with no amplified music broadcast to the exterior. Music on Sundays, if available, would be limited to acoustic performances. To address potential noise concerns, the applicant states that live performances will take place indoors, and the doors will remain closed/partially open. No amplified music is planned for the outdoor covered entry/patio area. We will comply with city code chapter 9.05 to ensure noise levels remain within the allowable limits after 10:00 pm.” Further, “New double pane windows have been installed and the brick build will reduce decibel levels.”
Relative to design and layout, the applicant states, “The interior will feature plush seating, ambient lighting, and stylish decor that reflects the high-class theme. A central bar will serve as the focal point, with a backlit display of premium spirits. An outdoor seating area will provide an inviting space for patrons to enjoy drinks al fresco, complete with comfortable seating and landscape enhancements. The space will additionally allow for private events, such as corporate gatherings or celebrations complete with customizable packages.” Landscape improvements include the addition of plants, flowers.
Main Street Garage Use Permit Page 3
designated seating areas, and the addition of new exterior lighting (see Attachment B and Figures 4 through 7).
^igure 4, Proposed Facade, Outdoor Seating Area, and Parking Improvements Figure 5, Proposed Covered Entry & Outdoor Seating Area Close Up Main Street Garage Use Permit Page 4
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Main Street Garage Use Permit Page 5
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504 Main St.
Etna, CA 96027 N
Public & Staff Premises
Figure 7, Facade and Floor Plan
Main Street Garage Use Permit Page 6
For additional information on the project and its proposed plan of operations see Attachment B.
ANALYSIS
General Plan Consistency
The Land Use Element of the City of Etna General Plan designates the project site Central Business District. According to the General Plan, the Central Business District land use designation “allows the establishment of a variety of commercial businesses in downtown area.” In addition, planning staff has identified the following programs as being relevant to the Council’s review of the project. Following each General Plan program is an analysis of the project's consistency with that program (i.e., suggested findings).
Land Use
Program 4-D: Commercial development should be encouraged within and adjacent to the established downtown area as a means of enhancing and strengthening the community center.
The project is a proposed commercial use within the established downtown area.
Program 5-A: The City shall encourage businesses that appropriately support the downtown.
The project is a proposed business that would attract customers to the downtown area.
Program 5-C: Encourage improvement within the downtown area, making it more attractive for business and visitors. Improvements could include landscaping, decorative signing, benches and decorative street lighting.
The project includes modifications to the exterior, including outdoor seating, lighting, and landscape treatments, to make the project site more appealing.
Noise
Program 19-D: New noise sensitive uses and new noise generating uses have the responsibility of meeting the standards in Table 34 below.
Table 34
Noise Standards for New Use Affected by Non-Transportation Noise Area Leq
Nighttime
Interior Leq
Day & Night
Outdoor Activity
Daytime New Land Use Notes
All Residential 50 45 35 1,2,7
Transient Lodging 55 40 3
50 45 35 4 Hospitals/Nursing Home
Theaters & Auditoriums 35
Churches, Meeting Halls
Schools. Libraries, etc. 55 40
Office Buildings 55 45 5,6
Commercial Buildings 55 45 5,6
Playgrounds, Parks, etc. 6
Industry
65 65 65 50 5
Notes:
The outdoor activity area standard for single-family residential uses shall be satisfied at the property line. For large parcels, the standard shall be applicable within a 100-foot radius of the residence.
1. Main Street Garage Use Permit Page 7
2. For multi-family residential uses, the exterior noise level standard shall be applied at the common outdoor recreation area, such as at pools, play areas or tennis courts. Where such areas are not provided, the standards shall be applied at individual patios and balconies of the development.
3. Outdoor activity areas of transient lodging facilities include swimming pool and picnic areas and are not commonlyused during nighttimehours.
4. Hospitals are often noise generatinguses. The exteriornoise level standards for hospitals are applicable only at clearly identified areas designated for outdoor relaxation by either hospital staff or patients.
5. Only the exterior spaces of these uses designated for employee or customer relaxation have any degree of sensitivity to noise.
6. The outdoor activity areas of office, commercial and park uses are not typically utilized during nighttime hours.
7. It may not be possible to achieve compliance with this standard at residential uses located immediately adjacent to loading dock areas of commercial uses while trucks are unloading. The daytime and nighttime noise level standards applicable to loading docks shall be 55 and 50 dB Leg, respectively.
General: The Table 34 standards shall be reduced by 5 dB for sounds consisting primarily of speech or music, and for recurring impulsive sounds.
If the existing ambient noise level exceeds the standards of Table 34, then the noise level standards shall be increased at 5 dB increments to encompass the ambient.
In accordance with Etna Municipal Code Chapter 9.05 (Noise), and as conditioned, the project would not generate excessive noise.
Zoning Consistency
Proposed Use
Consistent with the Central Business District Land Use designation, the 0.35-acre project site {APN 056-161-100) is zoned Central Commercial (C-1). Pursuant to Etna Municipal Code Section 17.20.070, “bars, lodges, [and] dormitory establishments" are permitted in the C-1 district upon approval and validation of a conditional use permit. Accordingly, the project has requested approval of a use permit.
Site Development Standards
The project is proposed within an existing structure with modifications limited along the front of the building. No front yard setback is required of a commercial use in the C-1 district.
Parking
In accordance with Etna Municipal Code Section 17.20.040(D), “new retail” in the C-1 district is required to provide one off-street parking space for each 300 square feet of floor area, and there is no off-street parking required for “existing” uses. The requirement for off-street parking, however, is not aligned with the General Plan Circulation Element, which states: “An exception [to the City’s off-street parking requirements] occurs in downtown Etna where there is no off-street parking requirement for uses proposed on existing parcels. This exception occurs due to the small parcels and the limitation that such a requirement would place on these parcels. Fortunately, in the downtown area there currently is ample street parking available, in part due to the diagonal parking that is allowed In some areas." Consequently, consistent with the General Plan off-street parking is not required within the downtown area.
Regardless of Zoning and General Plan, however, the Building Code requires that accessible parking be provided aiong with other accessibility improvements. Property owners may choose which accessibility improvements to make to satisfy the requirements based on the value of improvements relative to the value of the structure, and as a result, accessible parking may not necessarily be provided by the applicant. It is staffs understanding from the City Engineer’s office that if applicants do not Main Street Garage Use Permit Page 8
provide accessible parking, the improvements could fall on the City to make. In this instance, the site plan indicates five off-street parking space are proposed, one of which is an accessible space.
It is planning staffs opinion that because the use is proposed in the C-1 zoning district with a use permit consistent with Section 17.20.070; because the project site is surrounded by C-1 zoned properties: and because the use is required to operate in compliance with all applicable laws and ordinances, the use as proposed and conditioned would be consistent with the City’s Zoning Code.
USE PERMIT FINDINGS
In order for the City Council to approve the conditional use permit and allow for on-sale alcoholic beverage sales with live entertainment and outdoor seating at 504 Main Street, the City Council must first make certain findings. Etna Municipal Code Sec. 17.36.040 details both the required findings and the provision for placing conditions on projects to ensure projects are not to the detriment of the city, as follows:
In order to grant any conditional use permit the findings of the city council shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, 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. The city council may designate such conditions in connection with the conditional use permit as it deems necessary to secure the purposes of this title, and may require that such conditions will be complied with by the applicant.
While there is an established residential use adjacent to 504 Main Street, the residential use was established in the City’s core commercial district where a greater level of commercial activity and noise are anticipated. Further, enforcement of and compliance with the City's Noise Ordinance limits potential noise disturbances. Accordingly, it is staffs opinion that because the property is located in the an area of the city that is properly designated and zoned for the use, approval of the project, as conditioned and proposed, would be compatible with adjacent uses and would not have an adverse impact on the community, nor would it be materially detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood, or be materially detrimental to property or improvements in the neighborhood or the general welfare of the city.
If the City Council concurs, it would need to make the required finding prior to project approval. As such, a finding to this effect has been incorporated into the draft resolution prepared for the City Council’s consideration. However, should concerns be raised at the public hearing that would suggest the finding cannot be made, the City Council may place additional conditions on the use permit to mitigate community concerns. Conversely, if the City Council does not feel that the concerns can be adequately addressed, the Council can deny the request for a use permit.
ENVIRONMENTAL RECOMMENDATION
It is planning staffs recommendation that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, 15303, 15304, and 15061 (b)(3), as described below.
Section 15301. Existing Facilities. The “Existing Facilities" exemption applies to “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use."
Main Street Garage Use Permit Page 9
Section 15303. New Construction or Conversion of Small Structures. The “New Construction or Conversion of Small Structures” exemption applies to the “construction and location of limited numbers of new, small facilities or structures: installation of small new equipment and facilities in small structures:
and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.”
Section 15304. Minor Alterations to Land. The “Minor Alterations to Land” exemption applies to “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
Section 15Q61(b)(3). This section is better known as the “common sense exemption” in that it states that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the project will not have a significant negative impact on the environment, the project is exempt from CEQA.
If the City Council concurs, it would need to make the finding that the project is exempt from CEQA prior to project approval. As such, a finding to this effect has been incorporated into the suggested motions below.
STAFF RECOMMENDATION
Staff has reviewed the application materials and based on the material in the record and the information provided in this staff report, staff recommends approval of the Main Street Garage use permit application for 504 Main Street subject to the following conditions:
The use(s) shall be conducted as described in the application and supporting information as approved by the City Council and in accordance with all applicable laws and ordinances.
1. Off-street accessible parking and an accessible pathway shall be provided to the satisfaction of the City Engineer.
2. Compliance with the City of Etna Municipal Code and the terms and conditions of the use permit shall be to the satisfaction of the City Administrator.
3. No change shall be made in the use or occupancy of the building unless such building is made to comply with the requirements of the most current adopted Building Code. Building Code compliance shall be to the satisfaction of the County of Siskiyou Community Development Department, Building Division.
4. Prior to occupancy, building permit(s) shall be obtained, as necessary, and the project must conform with the Building Code. All unpermitted portions of the existing building, including unpermitted interior improvements on compartmentalized portions of the existing structure, shall obtain building permits and shall comply with the provisions of the code set forth in the most current adopted Building Code. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, or occupy any building or portions of any buildings where unpermitted work exists.
5. The applicant, shall defend, indemnify and hold harmless the City, its agents, officers and employees from any claim, action, or proceeding (collectively, "Action") against the City, its agents, including consultants, officers or employees to attack, set aside, void, or annul the approvals, or any part thereof, or any decision, determination, or Action, made or taken approving, supplementing, or sustaining, the project or any part thereof, or any related approvals or project conditions imposed by the City or any of its agencies, departments.
6. Main Street Garage Use Permit Page 10
commissions, agents, including consultants, officers or employees, concerning the project, or to impose personal liability against such agents, including consultants, officers or employees resulting from their non-negligent involvement in the project, which action is brought within the time period provided by law, including any claim for private attorney general fees claimed by or awarded to any party from the City.
Staff further recommends that the City Council consider the following actions:
● Adopt the Findings of Consistency with the General Plan and Etna Municipal Code; ● Adopt the CEQA Exemptions: and
● Adopt Resolution 2024-015, A Resolution of the City Council of the City of Etna Conditionally Approving the Main Street Garage Use Permit Application for 504 Main Street.
SUGGESTED MOTIONS
I move that we make the finding that the proposed project would not have a significant adverse effect on the environment, and that we adopt the recommended CEQA exemptions. 1)
I further move that we adopt the recommended general plan sand zoning findings and that we adopt Resolution 2024-015 conditionally approving the Main Street Garage use permit application.
2)
Main Street Garage Use Permit Page 11
ATTACHMENT A
Draft Resolution 2024-015
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RESOLUTION 2024-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ETNA
CONDITIONALLY APPROVING THE MAIN STREET GARAGE USE PERMIT APPLICATION FOR 504 MAIN STREET
WHEREAS, Etna Municipal Code Section 17.20.070(H) permits “bars” in the Central Commercial (C-I) zone district as a conditionally permitted use; and WHEREAS, the City of Etna received a use permit application from Sparrow Tang to allow the retail sale of beer, wine, liquor, and/or other alcoholic beverages for on-site consumption as the principal use (i.e., on-sale alcoholic beverage sales) with associated live entertainment and outdoor seating at 504 Main Street (APN 056-161-100); and
WHEREAS, the property is located in the Central Commercial (C-1) district and is surrounded by parcels with identical commercial zoning; and
WHEREAS, hours of operation are Friday through Sunday, from 1:00 p.m. to 10:00 p.m.; and WHEREAS, the business is required to operate in accordance with all applicable laws and ordinances, including Etna Municipal Code Chapter 9.05 (Noise); and WHEREAS, staff presented oral and written staff reports on the Main Street Garage use permit application at a regular meeting of the City Council on September 23, 2024; and WHEREAS, staff recommended that the City Council approve the Main Street Garage use permit application subject to the findings and conditions of approval included in the staff report dated September 23, 2024, and incorporated herein; and
WHEREAS, public hearing notices were posted, advertised, and mailed pursuant to California Government Code Sec. 65090 et seq.; and
WHEREAS, on September 23, 2024, the Mayor of the City Council of the City of Etna opened the duly noticed public hearing on the Main Street Garage use permit application to receive public testimony, following which the Mayor continued the public hearing to a Special Meeting of the City Council on September 26, 2024; and
WHEREAS, on September 26, 2024, the Mayor of the City Council of the City of Etna opened the continued public hearing on the Main Street Garage use permit application to receive public testimony, following which the Mayor closed the continued public hearing, and the City Council discussed the Main Street Garage use permit application prior to reaching its decision; and WHEREAS, the City Council found that the use is consistent with the City’s zoning regulations and the City of Etna General Plan; and
WHEREAS, the City Council found that the establishment, maintenance and operation of the proposed use will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, morals, 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; and
WHEREAS, the City Council found that the project would not have a significant adverse effect on the environment, and that it is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, 15304 and 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the recommended findings set forth in the written staff report dated September 23, 2024, and incorporated herein above; and BE IT FURTHER RESOLVED that the City Council, based on the evidence in the record, including the findings set forth in the written staff report dated September 23, 2024, and incorporated herein above, approves the Main Street Garage use permit application subject to the following conditions:
The use(s) shall be conducted as described in the application and supporting infonnation as approved by the City Council and in accordance with all applicable laws and ordinances.
1. Off-street accessible parking and an accessible pathway shall be provided to the satisfaction of the City Engineer.
2. 3. Compliance with the City of Etna Municipal Code and the terms and conditions of the use permit shall be to tlie satisfaction of the City Administrator.
4. No change shall be made in the use or occupancy of the building unless such building is made to comply with the requirements of the most current adopted Building Code. Building Code compliance shall be to the satisfaction of the County of Siskiyou Community Development Department, Building Division.
Prior to occupancy, building permit(s) shall be obtained, as necessary, and the project must conform with the Building Code. All unpermitted portions of the existing building, including unpermitted interior improvements on compartmentalized portions of the existing structure, shall obtain building permits and shall comply with the provisions of the code set forth in the most current adopted Building Code. It shall be unlawful for any person, firai, or corporation to erect, construct, alter, or occupy any building or portions of any buildings where unpermitted work exists.
5. The applicant, shall defend, indemnify and hold hannless the City, its agents, officers and employees from any claim, action, or proceeding (collectively, "Action") against the City, its agents, including consultants, officers or employees to attack, set aside, void, or annul the approvals, or any part thereof, or any decision, determination, or Action, made or taken approving, supplementing, or sustaining, the project or any part thereof, or any related approvals or project conditions imposed by the City or any of its agencies, departments, commissions, agents, including consultants, officers or employees, concerning the project, or to impose personal liability against such agents, including consultants, officers or employees resulting from their non-negligent involvement in the project, which action is brought within the time period provided by law, including any claim for private attorney general fees claimed by or awarded to any party from the City.
6. IT IS HEREBY CERTIFIED that the foregoing Resolution 2024-015 was duly adopted on amotion by Council Member and seconded by Council Member
at a regular meeting of the Etna City Council held on the 26^' day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ETNA CITY COUNCIL
Clifford Munson, Mayor
WITNESS, my hand and seal this 26“' day of September 2024 Pamela Eastlick, City Clerk
ATTACHMENT B
Applicant’s Project Narrative &
Supplemental
Project Description:
High-Class Bar at 504 Main Street, Etna
Project Overview:
The proposed bar will be developed at 504 Main Street, directly across from the existing Denny Bar Company. This upscale establishment aims to elevate the local experience by providing a sophisticated ambiance, an extensive drink menu, and exceptional service.
Vision and Concept:
The bar will embody a modern yet classic design, blending high end materials with artistic decor to create an inviting atmosphere. The vision is to establish a premier destination for both locals and visitors, featuring signature cocktails, a curated wine selection, and craft beers. The concept will focus on exceptional customer service, with trained mixologists and knowledgeable staff to enhance the guest experience.
Design and Layout:
The interior will feature plush seating, ambient lighting, and stylish decor that reflects the highclass theme. A central bar will serve as the focal point, with a backlit display of premium spirits.
An outdoor seating area will provide an inviting space for patrons to enjoy drinks alfresco, complete with comfortable seating and landscape enhancements.
The space will additionally allow for private events, such as corporate gatherings or celebrations complete with customizable packages.
TargetMarket:
The bar will cater to a diverse clientele, including young professionals, couples, and groups seeking a refined social experience. Marketing efforts will focus on attracting local residents as well as visitors exploring the Etna area.
Unique Selling Points:
- **Signature Cocktails**: A unique menu of crafted cocktails using high-quality ingredients and innovativetechniques.
Live Entertainment**: live music and themed events to enhance the atmosphere and draw in crowds.
Community Impact:
The establishment will not only enhance the local attractions but also contribute to the economic growth of the area by creating jobs and attracting more foot traffic. Collaboration with local artists and businessesfor events and promotionswill fostercommunity engagement.
Conclusion:
This high-class bar at 504 Main Street aims to redefine the social landscape of Etna, offering a premium experience that complements the existing offerings of Denny Bar Company. By focusing on quality, service, and community, this project promises to become a cornerstone of the local scene.
Response to plan of operations:
Thank you for raising these operational questions. Here are preliminary responses to address the anticipated concerns:
Business hours: Friday - Sunday 1pm- 10pm.
Staffing: Anticipated local jobs created 8-10 full/part time positions. Max A staff per shift.
Live music: Indoor weekend live music - regional/local artists - Fri or Sat night Possible acoustic music on Sundays. No proposed amplified music in outdoor seating areas.
Noise control: We will take necessary measures to minimize sound transmission. For example, live performances will take place indoors, and the doors will remain closed/partially open. No amplified music is planned for the outdoor covered entry/patio area. We will comply with city code chapter 9.05 to ensure noise levels remain within the allowable limits after 10:00 pm.
Sound reduction measures: New double pane windows have been installed and the brick build will reduce decibel levels.
Response to outdoor seating and aesthetic questions: Please refer to mock-up/rendering attached.
Outdoor seating: We propose 8-10 seats in the outdoor area - with an estimated maximum occupancy of 65.
Covered entry/patIo area: The current canopy & entry patio area will enhance both functionality and accessibility, including ADA compliance.
Landscape and lighting: We have plans for landscape improvements, which include the addition of plants, flowers, designated seating areas & the addition of new exterior lighting. Please refer to mock-up/rendering attached.
Closing: Please keep us informed if any further questions arise during the review process. We are happy to address any additional feedback from the city departments and look forward to collaborating to ensure the success of this project.
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CITY OF ETNA
STAFF MEMO TO CITY COUNCIL
September 26, 2024
URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT
EMERGENCY BACKUP WELL($)
Development of up to two groundwater wells to serve as a secondary, emergency water supply in the event of water scarcity and installation of approximately 1,000 feet or less of 4” to 6" diameter pipeline from the new weil(s) to the water distribution system.
625 Howell Avenue (APN 056-091-030)
Open Space (OS)
Single-Family Residential, 12,000 square-foot minimum (R-1-12) Johnson-Joss Memorial Park
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sec. 15269, Emergency, Sec. 15303, New Construction or Conversion of Small Structures, Sec. 15304, Minor Alterations to Land, and Sec. 15061(b)(3) (i.e., the commonsense exemption).
PROJECT SUMMARY:
PROJECT LOCATION:
GENERAL PLAN:
ZONING:
EXISTING USE:
ENVIRONMENTAL:
RECOMMENDATION: Adopt a CEQA exemption for the project and direct staff to file a Notice of Exemption for same.
OVERVIEW
On April 21, 2021, Governor Gavin Newson declared a state of emergency regarding the drought affecting California. Due to severe drought conditions in the Russian River watershed, the emergency declaration was initially limited to Mendocino and Sonoma counties. On May 10, 2021, the Governor expanded the emergency declaration to include an additional 39 counties, including Siskiyou County.
The declaration was again expanded on October 21, 2021, to include the entirety of the State. Most recently on September 4, 2024, following a good water year, the Governor terminated the drought state of emergency in 19 coastal and desert counties. Siskiyou County was not among them.
To help small communities survive current and future droughts, the Department of Water Resources (DWR) made immediate and near-term financial and technical support available through its Urban and Multibenefit Drought Relief Program and Small Community Drought Relief Program. The two programs were authorized by the Legislature pursuant to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) and its Trailer Bill, (Wat. Code, § 13198 et seq.). The Trailer Bill authorized specified state agencies, subject to an appropriation for these purposes, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to address immediate impacts on human health and safety and on fish and wildlife resources and to provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
The City Council responded to the drought and the opportunity for financial assistance by approving the submittal of an application to DWR’s Urban and Multibenefit Drought Relief Program for $2,128,950 in drought relief funding. On March 21, 2021, DWR notified the City of Etna that its application had been approved, and on March 28, 2022, the City Council accepted the award (Resolution 2022-008).
Drought Relief - Emergency Backup Well(s) Page 1
Water system improvements approved for funding under the Urban and Multibenefit Drought Relief Grant include removal of existing meters, installation of approximately 445 automated meter reading devices, installation of a 250,000-gallon welded steel water storage tank, and establishing a secondary water supply by drilling up to two municipal groundwater wells that would each be screened and equipped with a pump and pump controls.
The DWR-funded drought relief project, known as “Water Meter Modernization and Water Security Project,” was broken into two components: {1) the water meters and storage tank and (2) the emergency backup well(s). This was done because City was preparing to implement a similar project at the time of grant award that the water meters and storage tank could easily be paired with (i.e., the “City of Etna Public Water System Improvement Project”). Because the Water System Improvement Project had recently been evaluated under the California Environmental Quality Act (CEQA), and the additions of the water meters and storage tank were consistent with CEQA Guidelines Sec.15164(a), an addendum to the previously approved IS/MND was prepared (SCH No.2017082064) and the improvements implemented. The City must now complete CEQA for development of the emergency backup well(s) in advance of awarding a contract for the remaining work.
The emergency backup well(s) are proposed to be developed at Johnson-Joss Memorial Park located at 625 Howell Avenue (see Figure 1). The property is owned, operated, and maintained by the City of Etna.
One well would be located near the Public Works Building adjacent to the park’s entrance, and the second well, if developed, would be located near the softball field at the western edge of the park. Once development of the well(s) is complete, 4” to 6” diameter pipeline would be installed from the well(s) to the main in the Howell Avenue right-of-way to connect the well(s) to the City’s water distribution system.
Figure 1, Aerial View of Project Site
Drought Relief - Emergency Backup Well(s) Page 2
ENVIRONMENTAL RECOMMENDATION
It is planning staff’s recommendation that development of the emergency backup well(s) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15269, 15303, 15304, and 15061(b)(3) as described below.
Section 15269. Emergency. The “Emergency” exemption applies to “sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.”
Section 15303. New Construction or Conversion of Small Structures. The “New Construction or Conversion of Small Structures" exemption applies to the “construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.”
Section 15304. Minor Alterations to Land. The “Minor Alterations to Land” exemption applies to “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
Section 15061(bU3). This section is better known as the “common sense exemption” in that it states that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that the project will not have a significant negative impact on the environment, the project is exempt from CEQA.
If the City Council concurs with planning staffs recommendation, it would need to make the finding that the project is exempt from CEQA prior to entering into a contract for construction of the project. As such, a finding to this effect has been incorporated into the suggested motion below.
SUGGESTED MOTION
I move that we make the finding that the project will not have a significant impact on the environment and that we make the determination that the project is exempt from CEQA pursuant to CEQA Guidelines Sections 15269,15303,15304, and 15061(b)(3).
Drought Relief - Emergency Backup Well(s) Page 3
L
Notice of Exemption Appendix E
City of Etna From: (Public Agency}:
PO Box 460 / 442 Main Street
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044 Etna, CA 96027
County Clerk
County of: Siskiyou
311 Fourth Street. Room 201
(Address)
Yreka, CA 96097
City of Etna Water Security Project Project Title:
N/A - city initiated Project Applicant:
Project Location ● Specific:
The project is located at Johnson-Joss Memorial Park at 625 Howell Avenue in the City of Etna, California (APN 056-091-030; Latitude 4r27'33.11 "N, Longitude 122“53’56.10"W).
Etna Siskiyou Project Location - City:
Description of Nature, Purpose and Beneficiaries of Project:
Development of up to two groundwater wells to serve as a secondary, emergency water supply in the event of water scarcity, and installation of approx. 1,000 feet or less of 4" - 6" diameter pipeline from the new well(s) to the water distribution system. The City and its residents are the project beneficiaries.
Project Location - County:
City of Etna Name of Public Agency Approving Project;
Name of Person or Agency Carrying Out Project; City of Etna Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1); 15268);
□ Declared Emergency (Sec. 21080(b)(3); 15269(a));
S Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
0 Categorical Exemption. State type and section number:
□ Statutory Exemptions. State code number:
Reasons why project is exempt:
The project includes specific actions to mitigate an emergencyand maintainessential services, includesthe location of a limited number of new small facilities, includes minor trenching and backfilling with no impacts to healthy, mature, scenic trees, and the project would not have a significant impact on the environment. 15303, 15304 & 15061(b)(3)
Lead Agency
Contact Person: Pamela Eastlick (530) 467-5256 Area Code/Telephone/Extension:
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?. □ Yes □ No Sept. 27, 2024 City Clerk Signature; Date: Title:
B Signed by Lead Agency □ Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference; Sections 21108, 21152, and 21152.1, Public Resources Code.
Date Received for filing at OPR:
Revised 2011
City of Etna
Agenda Request
9.26.24 Date of Meeting:
Spokespersonfs): Council
Is this for Discussion H or are you requesting an Action H . Resolution 2024-017 Subject/Request;
Please provide a description of the request and attach supporting documentation:
Discuss/Approve Resolution 2024-017 approving the Department of Forestry and Fire Protection Agreement #7GF24032 50/50 Grant.
19,998.00 Will there be a financial impact to the City? S Yes S No IfYes, $, Please describe:
NOTE: Agenda requests must he received no less than four working days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
BEFORE THE BOARD OF DIRECTORS OF THE
City of Etna Hire Department
COUNTYOF Siskiyou , STATE OF CALIFORNIA
IN THE MATTER OF:
2024-017 Resolution Number:
Approving the Department 1 of oftheForestry AgreementandtoFire JuneProtection 30, 2025 under Agreement the Volunteer # Fire Capacity Program ot the
7GF24032 for services from the date
of last signatory on page
Cooperative Forestry Assistance Act of 1978.
City of Etna Fire Department
that said
BE
Board
IT RESOLVED
does hereby approve
by the Board
the Agreement
of Directors
with
ofthetheCalifornia
Department of Forestry and Fire Protection dated
as of the last signatory date on page 1 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the Volunteer Fire Capacity Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal Year 2024-25 up to and no more than the amount of$ 19,998.00 . of said Board
City of Clint Whitchurch. Fire Chief
be and hereby
BE IT
is
FURTHER
authorized to
RESOLVED
sign and execute
that
said Agreement and any amendments on behalf of the Etna Fire Department City of Etna The foregoing resolution was duly passed and adopted by the Board of Directors of the Eire Department , at a regular meeting thereof, held on the 26th day of September, 2024 , by the following vote; Special
AYES: Signature, Board of Directors Member
NAYS:
Printed Name and Title ABSENT:
Signature, Board of Directors Member
Printed Name and Title
CERTIFICATION OF RESOLUTION
ATTEST:
Pamela Eastlick City of Etna ^ Clerk of the
Siskiyou California do hereby certify that this is a true and County of correct copy of the original Resolution Number 2024-017 City of Etna Eire Department on WITNESS MY HAND OR THE SEAL OF THE this 26th 2024 day of September
OFFICIAL SEAL
OR NOTARY CERTIFICATON
Signature
City Clerk. Pamela Eastlick, City of Etna
Title and Name of Local Agency
City of Etna
Agenda Request
9.26.24 Date of Meeting:
Spokesperson[s):
Is this for Discussion H or are you requesting an Action S City Council
. Assistant Fire Chief Subject/Request:
Please provide a description of the request and attach supporting documentation:
Swear in Larry Hicks as the new Assistant Fire Chief.
Will there be a financial impact to the City? □ Yes H No IfYeS;$.
Please describe:
NOTE: Agenda requests must be received no less than four working days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street ♦ P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217
City of Etna
Agenda Request
9.26.24 Date of Meeting:
Spokespersonfsl:
Is this for Discussion
Council
S or
are you requesting an Action H
Subject/Request: Department Secretary
Please provide a description of the request and attach supporting documentation:
Acknowledge Teresa Arrwood as the new secretary for the Fire Department.
Will there be a financial impact to the City? □ Yes H No IfYes, $, Please describe:
NOTE: Agenda requests must be received no less than four working days before the date of meeting. Return this form and supporting documentation to address below. 442 Main Street * P.O. Box 460 ♦ Etna, CA 96027
P: 530-467-5256 ♦ F: 530-467-3217