CITY OF FERNDALE – HUMBOLDT COUNTY CALIFORNIA – U.S.A.
AGENDA – REGULAR MEETING
Location: City Hall
834 Main Street
Ferndale, CA, 95536
Date: July 16, 2025
Time: 6:00 PM
Posted: July 10, 2025
We welcome you to the meeting. Members of the Public may be heard on any business item on this Agenda before or during the City Council consideration of the item. The public may also directly address the City Council on any item of interest to the public that is not on the agenda during the public comment time; however, the City Council generally cannot discuss or take action on an item not on the agenda.
A person addressing the City Council will be limited to five (5) minutes unless the Mayor of the City Council grants a longer period. While not required, we would appreciate it if you would identify yourself with your name and address when addressing the Council.
This City endeavors to be ADA compliant. Should you require assistance with written information or access to the facility, or a hearing amplification, please call 786-4224 24 hours prior to the meeting.
BEFORE SPEAKING ON ANY ISSUE, PLEASE WAIT TO BE
ACKNOWLEDGED BY THE MAYOR BEFORE PROCEEDING TO THE PODIUM.
City Council Meetings are recorded, and the video may be requested. The video will be sent digitally through Dropbox. A Disc and/or USB drive can also be requested for a fee.
1. CALL MEETING TO ORDER – Mayor
2. PLEDGE ALLEGIANCE TO THE FLAG
3. ROLL CALL – Mayor Cady; Councilman Lund; Councilwoman Fisk-Becker; Councilman Jorgensen; and Councilman Ostler
4. REPORT OUT OF CLOSED SESSION
5. CEREMONIAL
a. Proclamation thanking Mary Ann Bansen for her service to the Ferndale Senior Resource Center
6. MODIFICATIONS TO THE AGENDA
7. STUDY SESSION – A study session was held on July 14, 2025 to review and discuss goals and priorities.
8. PUBLIC COMMENT. (This time is for persons who wish to address the Council on any matter not on this agenda and over which the Council has jurisdiction. PLEASE FILL OUT A SPEAKER CARD and give it to the City Clerk before the start of the meeting. Speakers will be called in the order received or at the discretion of the Mayor. Public Members who do not fill out a speaker card may speak if there is time remaining. Items requiring Council action not listed on this agenda may be placed on the next regular agenda for consideration, unless a finding is made by at least 2/3rds of the Council that the item came up after the agenda was posted and is of an urgent nature requiring immediate action. This portion of the meeting will be approximately 30 minutes total for all speakers, with each speaker given no more than five minutes. Speaker time may be reduced if many speakers have signed up.
9. CONSENT CALENDAR. (All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion. Unless a specific request is made by a Council Member, staff or the public, the Consent Calendar will not be read.
July 16, 2025
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_______________________________________________________________ 1 _______________________________________________________________ There will be no separate discussion of these items. However, if discussion is required, that item will be removed from the Consent Calendar and considered separately under “Call Items.”)
a. Approval of Minutes of June 18, 2025, Regular City Council Meeting .................................................................................................... Page 6 b. Acceptance of Checkbook Register for June 1-30, 2025 ......................... Page 9 c. Resolution 2025-12 Approving Sewer Assessment Fees ........................ Page 12 d. Resolution 2025-13 Approving Drainage Assessment Fees.................... Page 13
10. CALL ITEMS REMOVED FROM CONSENT CALENDAR
11. PRESENTATION
12. PUBLIC HEARING
a. Introduction and First Reading, by title only, of Ordinance 2025-04 Amending Sections of Ferndale Zoning 02-02 and Amending the Ferndale Zoning Map ............................................................................... Page 15
13. BUSINESS
a. Fireman’s Park Bathroom Project Approval............................................ Page 80 b. Report on the California Department of Housing and Community Development (HCD) May 16, 2025 Letter of Inquiry and the City’s June 10, 2025 response letter ................................................................... Page 89 c. Update on 7th Cycle Ferndale Housing Element...................................... Page 105 d. Second Reading and Adoption of Ordinance 2025-02 Designating Fire Hazard Severity Zones in the City, by title only .............................. Page 107 e. Second Reading and Adoption of Ordinance 2025-01 Banning the Sale, Distribution, Offering, or Providing of Nitrous Oxide with Exceptions, by title only .......................................................................... Page 113 f. OurEnergy Agreements for Microgrid Grant Project .............................. Page 117 g. Approve First Amendment to Ferndale Senior Resource Center (FSRA) Lease Agreement........................................................................ Page 146
14. CORRESPONDENCE
15. COMMENTS FROM THE COUNCIL
16. REPORTS
a. City Manager Report ............................................................................... Page 151 b. Commission and Committee Reports
c. Minutes from Joint Power Authorities (JPAs) and Reports i. Humboldt County Association of Governments (HCAOG)
May 2025 ..................................................................................... Page 160 ii. Redwood Coast Energy Authority (RCEA) May 2025 ............... Page 162
17. ADJOURN
This notice is posted in compliance with Government Code §54954.2. The next Regular Meeting of the Ferndale City Council will be held on August 20, 2025 at 6:00pm July 16, 2025
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CALL MEETING TO ORDER
Section 2
PLEDGE ALLEGIANCE
Section 3
ROLL CALL
Section 4
CLOSED SESSION REPORT OUT
Section 5
CEREMONIAL
a. Mary Ann Bansen
July 16, 2025
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A PROCLAMATION
OF THE CITY COUNCIL OF THE CITY OF FERNDALE
HONORING
FERNDALE SENIOR RESOURCE AGENCY LEADER
MARY ANN BANSEN
WHEREAS, Ferndale resident Mary Ann Bansen has been a citizen of Ferndale for much of her life and has always been an active member of her community; and WHEREAS, Mary Ann Bansen in 2005 was the creative energy behind and founder of the Ferndale Senior Resource Agency; and
WHEREAS, for the last 20 years the Ferndale Senior Resource Agency has been a 501(c)(3) public benefit corporation serving the needs of seniors and the disabled living in the 95536-zip code community; and
WHEREAS, Mary Ann Bansen has dedicated herself to developing and fostering the Ferndale Senior Resource Agency who provide meals, transportation, medical supplies, activities and generally supporting the well-being of seniors and the disabled in our community; and WHEREAS, Mary Ann Bansen has displayed an outstanding commitment to seniors and the disabled in the Ferndale community; and
WHEREAS, the City Council of the City of Ferndale, by this proclamation, wish to thank Mary Ann Bansen for her service and dedication to the community of Ferndale and its citizens.
NOW, THEREFORE BE IT PROCLAMED, that the City Council of the City of Ferndale does hereby commend Mary Ann Bansen for all the years of valuable service and expresses its sincere thanks on behalf of the citizens of Ferndale.
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Randy Cady, Mayor
July 16, 2025
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PUBLIC COMMENT
This time is for persons who wish to address the Council on any matter not on this agenda and over which the Council has jurisdiction.
Items requiring Council action not listed on this agenda will be placed on the next regular agenda for consideration, unless a finding is made by at least 2/3rd of the Council (three of the five members) that the item came up after the agenda was posted and is of an urgent nature requiring immediate action.
Section 9
CONSENT CALENDAR
All matters listed under this category are considered to be routine by the City Council and will be enacted by one motion.
Section 6
MODIFICATIONS TO THE AGENDA
Section 7
STUDY SESSIONS
July 16, 2025
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_______________________________________________________________ 5 _______________________________________________________________ City of Ferndale, Humboldt County, California, U.S.A.
DRAFT Action Minutes for City Council Meeting of June 18, 2025 Mayor Randy Cady called the Regular City Council Meeting to order at 6:00 pm. Those present did the flag salute. Present were Council Members Leonard Lund, Jennifer Fisk-Becker, and Skip Jorgensen, along with City staff: Police Chief Ron Sligh, City Clerk Kristene Hall and Finance Clerk Lauren Boop.
Report out of Closed Session: None.
Ceremonial: None
Modifications to the Agenda: None
Report out of Study Session: Mayor Cady stated a Study Session was held prior to tonight’s meeting to review and discuss the 25-26FY Budget.
Public Comment: None
Consent Calendar: There were four items on the Consent Calendar for approval. There were no comments from the Council or Public
MOTION: to approve the consent calendar. (Lund/Jorgensen) Unanimous Call Items Removed from Consent Calendar: None
Presentation: A presentation was given to the Council by Brett Vivyan from GHD. The presentation was an update on two grants.
Raining the Berm at the Wastewater Facility. Vivyan stated that all documents had been submitted and now it was a waiting game on funding. Councilman Lund questioned which option was settled on. Vivyan stated they had chosen the mechanically stabilized earth walls.
Councilman Jorgensen questioned the timeline. Vivyan stated is would be based on funding availability and at this point they would just have to keep checking.
Arlington Drainage. Vivyan stated that the design team was finalizing the design. Vivyan also stated that they had received all the permits and CEQA is already approved. Vivyan added that he still plans on meeting with all the affected property owners and parties to finalize the plans.
Councilman Jorgensen stated he would like to see a bicycle and pedestrian path looked into for this project.
Public Hearing:
Ordinance 2025-01 Banning the Sale of Nitrous Oxide with Exceptions: City Clerk Kristene Hall stated that Katie Slaughter and Jay Macedo were present from the county of Humboldt and would be presenting this agenda item. Slaughter gave a PowerPoint presentation to the council on the Nitrous Oxide (NO) abuse in Humboldt County and the Nation. Slaughter explained the harmful effects of the recreational use of NO. Slaughter also added that many cities and counties are no adopting or in the process of adopting this ban. Councilwoman Fisk-Becker questioned the availability of NO through Amazon and how to prevent the delivery of it if the Ordinance passes. Slaughter stated that Amazon would not deliver to jurisdictions in which an ordinance was adopted. Slaughter added that the city would have to send in the adopted ordinance to amazon. Fisk-Becker also questioned the age limits for buying NO. Slaughter stated that no one is suppose to be selling for recreational use, however, culinary store should be carding anyone under 21. Councilman Lund questioned if the state was involved in this ban at all. Slaughter July 16, 2025
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_______________________________________________________________ 6 _______________________________________________________________ stated that counties were currently the agencies involved at this point. Lund also questioned the ban for pellet guns usage. Slaughter stated the ban would include the sale of those as well.
Mayor Cady opened the Public Hearing. Eric Keller Heckman from HWMA was present and stated that HWMA fully supported this ban. Heckman stated that the waste is costly for removal.
There were no other public comments.
Mayor Cady closed the public hearing.
MOTION: to approve first reading, by title only, of Ordinance 2025-01, Banning the sale of Nitrous Oxide within the city limits of Ferndale, with exceptions, (Jorgensen/Lund) Unanimous
Ordinance 2025-02 Adopting the Fire Hazard Severity Zones in Ferndale: City Clerk Kristene Hall went over the staff report. Hall stated that this item had been reviewed by the council at the May meeting and that state law now requires the city to adopt a Local Responsibility Area (LRA) map for properties that are designated as moderate, high, or very high fire hazard severity zones (FHS). Hall added that Ferndale does not have high or very high, but there are areas that are designated moderate therefore a map is required to be adopted.
Mayor Cady opened the Public Hearing
There were no comments.
Mayor Cady closed the Public Hearing
MOTION: to approve the first reading, by title only, of Ordinance 2025-02, Designation Fire Hazard Severity Zones in the City of Ferndale. (Lund/Fisk-Becker) Unanimous Business:
Resolution 2025-07 Authorizing an 18 Month Extension of the Recology Franchise Agreement:
City Clerk Kristene Hall stated that staff has been working with Frank from Recology, Eric from HWMA, the City Attorney as well as outside council to to draft a universal solid waste collection ordinance that everyone can be comfortable with. Hall also explained that more time was needed to accomplish this and that this amendment to the current agreement would allow staff to continue to work with all the parties while ensuring the collection service continued. Hall stated that Frank Nelson, with Recology, was present to answer any questions. Councilwoman FiskBecker questioned the rate increase and if the small bag collection would still be available.
Nelson went over the increase and stated the small bags would still be an option for now.
MOTION: to approve the 18-mpnth Extension to the Franchise Agreement with Recology. (Lund/Jorgensen) Unanimous
Appoint Member to Russ Park Committee: City Clerk Kristene Hall stated the Russ Park Committee had a vacancy due to a member leaving. Hall stated there was only one applicant and that the applicant had been unanimously supported by the Russ Park Committee.
MOTION: to approve the appointment of Curtis Barry to the Russ Park Committee. (Lund/Cady) Unanimous
Approve Resolutions Adopting FY25-26 Budget, Gann Spending Limit, CPI Adjustment to Sewer Rates, and Fees & Fines: City Clerk Hall stated that these resolutions were in conjunction with the 25-26FY adoption. Hall added that the council held a study session prior to the meeting to review and discuss the budget.
MOTION: to Approve the following Resolutions:
Resolution 2025-08 Approving FY 2025-26 Operating Budget Resolution 2025-09 Approving the FY2025-26 Gann Schedule Resolution 2025-10 Approving the FY2025-26 Annual CPI Adjustment to Sewer Rates Resolution 2025-11 Approving the FY2025-26 Fees & Fines Schedule (Lund/Cady) Unanimous
July 16, 2025
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_______________________________________________________________ 7 _______________________________________________________________ Reschedule Meeting to Establish Council Goals & Priorities: City clerk Kristene Hall stated that the meeting previously scheduled for goals and priorities had to be cancelled. Hall stated that staff would like to schedule a new meeting at this time. The Council and staff discussed different options. Council confirmed the new date for the Goals and Priorities Stud Session will be July 14, 2025, at 3:45pm
Correspondence: No Comments.
Council Comments: Councilwoman Jorgensen stated that the Fireman’s Park Bathroom Replacement Project was a great project, however, a cost estimate for the city and final approval of the project is still needed before project begins.
Councilwoman Fisk-Becker stated that the doors at the double door entrance to the Community Center may need replacement and suggested getting an estimate.
Also stated was the Town Hall grounds looked great and that possibly getting thank you cards with the city logo on the front would be a nice way to send thanks to people.
Reports:
City Managers Report: None
Other Reports: None
Mayor Cady thanked the staff, public, and fellow councilmembers, and Adjourned the Meeting at 7:21 pm
Respectfully submitted,
Kristene Hall
City Clerk
July 16, 2025
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_______________________________________________________________ 11 _______________________________________________________________ RESOLUTION 2025-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FERNDALE
AUTHORIZING THE COUNTY OF HUMBOLDT TO COLLECT
FERNDALE’S SEWER FEES
WHEREAS, Government Code 38900 et seq. and Health and Safety Code 5471 et seq. give the city legislative body authority to construct, establish, and maintain drains and sewers and to set fees, tolls, rates, rentals or other charges including water, sewer standby or immediate availability charges, for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system; and
WHEREAS, The City of Ferndale’s Sewer Ordinance 03-05, as amended by Ordinance 07-03, provides rules and regulations for the use and construction of sanitary sewer facilities installed, altered or repaired within the city; and
WHEREAS, The City of Ferndale’s Sewer Fee Ordinance 04-03 establishes sewer fees and annual review of Commercial Sewer Service based on annual water consumption and determining Equivalent Dwelling Units (“EDU”); and
WHEREAS, Following the Proposition 218 process, the City Council passed and adopted Resolution 2020-16 which approved a sewer usage rate increase per Equivalent Dwelling Unit (“EDU”) r and further assigned an EDU value to the differing parcel usage types set forth in Resolution 2020-16; and WHEREAS, as stated in Resolution 2020-16, Section 2; that annual rate per Equivalent Dwelling Unit (EDU) shall increase each year based on the percentage change in the Consumer Price Index (CPI), unless said percentage is under 2.5%; and
WHEREAS, the CPI annual change from FY2024-25 was calculated at 2.8%; and WHEREAS, The City Council passed and adopted Resolution 2025-10 approving the CPI increase, thus increasing the annual rate per EDU to $931.56; and
WHEREAS, The City of Ferndale shall collect this fee from all City of Ferndale and County properties connected to the City’s sewer system; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Ferndale sets the sewer fee at $906.03 per Equivalent Dwelling Unit (“EDU”) per year and instructs the Humboldt County Tax Assessor to collect said fees and remit the same to the City.
PASSED AND ADOPTED this 16th day of July, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Randall Cady, Mayor
ATTEST:
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Kristene Hall, City Clerk
July 16, 2025
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_______________________________________________________________ 12 _______________________________________________________________ RESOLUTION 2025-13
A RESOLUTION OF THE CITY OF FERNDALE AUTHORIZING THE CITY MANAGER
TO COLLECT THE DRAINAGE ASSESSMENT AND INSTRUCT HUMBOLDT COUNTY
TAX ASSESSOR TO CONTINUE COLLECTION OF THE ASSESSMENT
A. WHEREAS, At the general election held on November 4, 1997, Measure V (“Measure V”) appeared on the ballot presented to the voters of the City of Ferndale; and B. WHEREAS, Measure V posed the following question to the voters of the City of Ferndale: “Shall the City create a storm drain utility within the City of Ferndale and assess $25.00 per fiscal year per parcel, for the purpose of providing funding for storm drain maintenance, repairs and improvements?” Yes □ No □; and
C. WHEREAS, Based on the certified election results for the November 4, 1997 general election, 336 voters in the City of Ferndale voted “Yes” on Measure V (72.26%), and 129 voters voted “No” (27.24%); and
D. WHEREAS, The City Attorney and separately retained legal counsel have both opined that Measure V constitutes a special tax, subject to collection pursuant to California Government Code § 53750(h)(2)(B); and
E. WHEREAS, The City Manager seeks authorization to initiate collection of the per parcel assessment authorized by Measure V, and authorization to notify the Humboldt County Tax Assessor to continue collection of said assessment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FERNDALE DOES HEREBY
ADOPT THE FINDINGS RECITED ABOVE AND AUTHORIZES THE CITY MANAGER TO
COLLECT THE ASSESSEMENT AUTHORIZED BY THE VOTERS OF THE CITY OF
FERNDALE PURSUANT TO MEASURE V AND TAKE ALL ACTIONS NECESSARY TO
INSTRUCT THE HUMBOLDT COUNTY TAX ASSESSOR TO CONTINUE COLLECTION OF THE ASSESSEMENT.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Randall Cady, Mayor
ATTEST:
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Kristene Hall, City Clerk
July 16, 2025
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CALL ITEMS
These are items pulled from the consent agenda
for discussion and a separate motion.
Section 11
PRESENTATIONS
Section 12
PUBLIC HEARING
July 16, 2025
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_______________________________________________________________ 14 _______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number: 12. a
Agenda Item Title: Introduction and First Reading of Ordinance No. 2025-04 Amending Various Sections of the Ferndale Zoning Ordinance and Amending the Ferndale Zoning Map.
Presented By: City Planner
Type of Item: X Action Discussion Information
Action Required: No Action Voice Vote X Roll Call Vote
PROJECT SUMMARY
A public hearing for the introduction and first reading of Ordinance 2025-04. Ordinance 2025-04 will amend various sections of the Ferndale Zoning Ordinance (Ordinance No. 02-02), and will make related amendments to the Ferndale Zoning Map. The purpose of the text and map amendments is to achieve consistency with the adopted Land Use Element and Land Use Map of the General Plan, implement Programs of the City’s adopted 6th cycle Housing Element, and address changes to State housing laws.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review questions with staff.
2. Open the public hearing.
3. Receive testimony.
4. Close public hearing.
5. Motion to hold first reading of Ordinance 2025-04, read by title only, and continue the public hearing to the City Council’s next regular meeting for the second reading and adoption. Roll call vote.
BACKGROUND
The City Council adopted the 6th cycle Housing Element in October 2019. The California Department of Housing and Community Development (HCD) certified the adopted Housing Element as being substantially compliant with State housing law in December 2019. In November 2024, the City Council adopted comprehensive updates of the Safety Element and the Land Use Element (the Land Use Element includes the City’s Conservation and Open Space Element) of the Ferndale General Plan. As part of adopting Land Use Element update, the City Council’s adopted an updated General Plan Land Use Map. Prior to adoption, the City Council certified a programmatic Environmental Impact Report (PEIR) that was prepared for the update of both elements.
It is a requirement of California law that a city’s zoning map and zoning ordinance are consistent with its General Plan, especially its land use and housing elements. Ferndale’s adopted Land Use Element includes changes that are not currently reflected in the Ferndale Zoning Map or Zoning Ordinance. These changes relate to updates to the land use designations (e.g., changes in densities), and new policies and programs (e.g., streamside protection area along both sides of Francis Creek). The adopted City’s Housing Element includes programs that commit the City updating its land use regulations to comply with State housing law, that will help the City reach its housing objectives and assist the City with providing its share of the Regional Housing Need Allocation (RHNA).
This group of text and map amendments to the Zoning Ordinance and Zoning Map will accomplish the following:
• Update residential zones, including lot and development standards, as necessary to be consistent with the corresponding land use designation’s uses, density, and intensity. • Update the Zoning Ordinance to be consistent with State law for employee housing, including farmworker housing.
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_______________________________________________________________ 15 _______________________________________________________________ • Ensure residential zone classifications are 1) adequately represented on the Zoning Map, and 2) allow for a variety of housing types.
PUBLIC MEETINGS FOR PROPOSED AMENDMENTS
The regular meetings of the City Council on March 19, 2025 and the Planning Commission on April 2, 2025, included agenda items in which staff introduced the proposed zoning amendments. Although these agenda items were not public hearings, they were published on each body’s agenda, and the public had an opportunity to attend and provide comments. Prior to the Planning Commission April 2nd meeting, the March 27th edition of the Ferndale Enterprise included an article about the agenda item.
At the April 2 regular meeting of the Planning Commission, the PC received a report providing an overview of the State law requirement that a city’s zoning map and zoning ordinance be consistent with its General Plan, and the programs of the adopted Housing Element. The PC did not receive written or verbal public comment on the agenda item.
On May 7, 2025, the Planning Commission held a duly noticed public hearing to consider a recommendation to adopt the proposed text and map amendments to the City’s Zoning Ordinance and Zoning Map. The Planning Commission received a staff presentation and focused on the redline amendments to the text of the Zoning Ordinance, with the Planning Commission performing a line-by-line review of the proposed amendments. The PC also considered the proposed Zoning Map. At the meeting, no members of the public spoke on the agenda item.
The City did not receive written communications from the public before or at the May 7 public hearing. Following discussion, the Planning Commission unanimously recommended approval of both the amendments to the Zoning Ordinance text and Zoning map as presented.
AMENDMENTS TO THE ZONING ORDINANCE AND ZONING MAP
The City is undertaking the proposed amendments to achieve consistency with the City’s adopted Land Use and Housing elements. The text amendments would translate the proposed General Plan policies into specific use regulations, and development standards to govern development on individual properties. The Zoning Ordinance text provides standards, rules, and procedures for development, while the Zoning Map translates the General Plan land use designations into the corresponding zones. Both the text and map amendments are intended to achieve consistency with the 2024 Land Use Element Update and Land Use Map of the General Plan, implement specific programs identified in the City’s certified 6th Cycle Housing Element, and comply with applicable State housing laws.
The amendments to the Zoning Ordinance text will update the following Articles: Article 3 (Definitions), Article 4 (Establishment and Designation of Zones), Article 5 (Regulations for the Principal Zone), Article 6 (Regulations for the Combining Zones), and Article 7 (General Provisions and Exceptions). Table 1 below summarizes the proposed substantive text amendments by article and by section of the Ferndale Zoning Ordinance, while the proposed text amendments are shown in redline in Exhibit A of Ordinance 2025-04. 1 Additionally, Table 1 identifies the specific
Housing Element programs that will be implemented by the text amendment. The full text of the respective Housing Element programs is contained in Attachment A. The highlights of the proposed text amendments to the Zoning Ordinance are:
• Article 3: Definitions: amendmentsthat include replacing out-of-date definitions related to employee housing with definitions that meet State law; updates to Dwelling to allow for a variety of housing types and configurations; updating the definition of Family; moving the definition of Guest House from Article 7 to Article 3; and adding the definition of Lot, Flag from the Ferndale Subdivision Ordinance (No. 99-04). 1 Grammatical and typos are proposed to be corrected as part of the Zoning Ordinance text amendments.
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_______________________________________________________________ 16 _______________________________________________________________ • Article 4: Establishment and Designation of Zones: amendments that include updating the table in §4.01 to achieve consistency with the adopted Land Use Element by removing the Residential Suburban (RS), Apartment Professional (R4), and Agricultural Services Commercial (CAG) zones, and correcting typos. • Article 5: Regulations for the Principal Zone: amendments that include removing the RS, R4, and CAG zones to achieve consistency with the adopted General Plan Land Use Element. To implement Programs of the City’s adopted 6th cycle Housing Element, and address changes to State housing laws revising the Residential Two Family (or R2) and Residential Multiple-Family (or R3) zones to add multiple dwellings and dwelling groups as principally permitted uses, adding the corresponding General Plan density as a standard, and updating the intent section of both zones to be objective to; revising the C1 zone to permit dwellings above the first floor as a principally permitted use, and with a use permit on the first floor; and adding employee housing to the principal zones as permitted use consistent with State law. • Article 6: Regulations for the Combining Zones: amendments that include adding employee housing as a use consistent with State law.
• Article 7: General Provisions and Exceptions: amendments that include correcting typos in §7.24 Sidewalks; and to §7.27 Yards, adding §7.27.8 to describe setbacks for a Flag lot consistent with the description in the Ferndale Subdivision Ordinance (No. 99-04).
Each General Plan land use designation (LUD) has a corresponding zone that is consistent with and implements the Land Use Element. When the General Plan Land Use Map was adopted in November 2024, the LUD of thirtyone properties changed from one LUD to another. The proposed amendments to the Zoning Map will change the zoning of the same 31 properties so that their zoning corresponds to the LUD. The proposed changes will ensure the zoning of the 31 parcels is consistent with the parcel’s General Plan LUD. Figure 1 below shows the proposed zoning changes, and can also be viewed on the City’s website at https://ci.ferndale.ca.us/documents/zoningordinance-update/. The Zoning Map proposed to be adopted is found in Exhibit B of Ordinance 2025-04.
FINDINGS FOR APPROVAL
In accordance with §8.01 of Article 8 of the Zoning Ordinance and State General Plan, zoning amendments, including map amendments, may only be approved when all of the following findings are made by the City Council.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. FINDING: The processing and approval of the amendments to the Ferndale Zoning Ordinance and Ferndale Zoning Map is in compliance with the requirements of the California Environmental Quality Act (CEQA).
ANALYSIS: Addendum 1 to certified Program Environmental Impact Report (PEIR) for the Ferndale General Plan Land Use Map, and Land Use Element update has been prepared in compliance with the requirements of the California Environmental Quality Act. Addendum 1 explains that, under the criteria of California Environmental Quality Act Guidelines, specifically Sections 15162 and 15164, the PEIR adequately evaluates potential environmental effects of the proposed zoning text and map amendments and that no preparation of a subsequent environmental impact report is necessary. Addendum 1 demonstrates that the existing environmental analysis remains valid and confirms that no new or substantially greater impacts have arisen, thereby upholding all previously established mitigation measures and compliance with CEQA requirements.
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_______________________________________________________________ 17 _______________________________________________________________ PUBLIC INTEREST.
A. FINDING: Section 8.01 of the Ferndale Zoning Ordinance and State General Plan Law stipulates that the Zoning Ordinance may be amended whenever the public necessity, convenience and welfare require such amendment. The proposed amendments are of public necessity, convenience and welfare.
ANALYSIS: The proposed amendments to Zoning Ordinance and Zoning Map are in the public interest because the amendments promote the orderly and efficient development of land within the City and encourages a wide range of housing types and densities while encouraging the preservation of agricultural land surrounding the City. These goals and policies are intended to provide a wider range of housing types and affordability throughout the City to support residents through all stages of life while also increasing the health and welfare of residents and visitors. The Zoning Ordinance and Zoning Map amendments advance the goals, policies, and implementation programs of the Land Use and Housing elements of the Ferndale General Plan, and therefore is in the public interest.
CONSISTENCY WITH THE GENERAL PLAN.
A. FINDING: Amendments to the Zoning Ordinance and Zoning Map are consistent with all other parts of the Ferndale General Plan.
ANALYSIS: The amendments are consistent with all other provisions of the General Plan because they make the Zoning Ordinance and Zoning Map consistent with the adopted Land Use Element and Land Use Map of the City’s General Plan, including implementing the land use classifications set forth in the Land Use Element. The amendments implement specific objectives of the 6th Cycle Housing Element to ensure compliance with State housing law. The amendments are consistent with sound planning principles in that they implement adopted programs and ensure that the goals and policies of the General Plan are implemented to achieve the stated goals. The proposed amendments are consistent with all other elements of the Ferndale General Plan adopted by the City.
B. FINDING: State General Plan Law states that amendments to the Zoning Ordinance and Zoning Map must be consistent with the General Plan.
ANALYSIS: The proposed amendments to the Zoning Ordinance and Zoning Map are consistent with the Ferndale General Plan because they are required to bring the Zoning Ordinance and Zoning Map Land Use Element of the General Plan into compliance with the City’s 6th Cycle Housing Element and State law. It is consistent with sound planning principles in that the proposed policies and proposed implementation programs are compatible and ensure that the goals and policies of the General Plan can be implemented to achieve the stated goals. The proposed amendment is consistent with all other elements of the Ferndale General Plan adopted by the City. Furthermore, the City will ensure consistency between the Land Use Element and other elements of the General Plan, and as new policies are introduced, they will be reviewed for consistency with existing elements. If any General Plan elements are updated, the Land Use Element may also be modified to maintain consistency within the General Plan.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 18 _______________________________________________________________ LU-IP2: Zoning
Code
Updates:
Program LU-IP2 commits the City to
updating the zoning code as necessary for land use designation, density, intensity, and lot size consistency… Consider adding affordable housing provisions.
The proposed amendments implement and substantially complete Program LU-IP2, and will make the City’s zoning regulations consistent with its General Plan.
Housing
Element
Program 1
Program 1 commits the City to amending its zoning regulations to “ensure adequate sites are available and/or zoned to allow owner-occupied and rental multifamily residential uses by right.” Initiating and completing specific amendments to the Zoning Ordinance and Zoning Map are necessary to achieve the objectives of Program 1. The amendments to the Zoning Ordinance and Zoning Map proposed herein will accomplish nearly all of the objectives of Program 1.
Housing
Element
Program 5
Program 5 includes an objective that commits the City to amending its zoning regulations to allow multifamily development by-right, although only for developments where at least 20% of the units are deed restricted to lower income households. Program 5’s language to limit by-right multifamily development on properties that are planned and zoned for multifamily development would in fact impose a regulatory barrier to marketrate multifamily development. Therefore, the proposed amendments to the Zoning Ordinance would permit by-right multifamily development on properties zoned R2 and R3, which satisfies the objective of Program 5 and is consistent with and implements Goal 1 and Goal 3 of the Housing Element.
Housing
Element
Program 7
The proposed amendments implement Housing Element Program 7 which commits the City to amending the Zoning Ordinance to allow agricultural employee housing for six or fewer persons to be treated the same as single family units in all zones; and allow bunkhouses of 36 or fewer beds or no more than 12 units the same as an agricultural use in zones allowing agricultural uses, consistent with Health and Safety Code §§ 17021.5 and 17021.6.
Following the adoption of the City’s 6th cycle Housing Element, AB 1783 became effective on January 1, 2020. AB 1783 creates a new streamlined, ministerial approval process for qualifying agricultural employee housing on qualifying sites. One site qualification is that the land must be zoned for agricultural purposes. Because the Zoning Ordinance include two zones for agricultural purposes, i.e., Agricultural Exclusive (or AE) principal, and the Agricultural (or -A) combining zone, and there are presently lands zoned AE, the text amendments propose to allow employee housing consistent with AB 1783 to ensure compliance with this new State housing law.
CONSISTENCY WITH THE ZONING ORDINANCE AND OTHER CITY ORDINANCES.
A. FINDING: The amendments to the Zoning Ordinance and Zoning Map are consistent with all other parts of the Ferndale Zoning Ordinance and other City ordinances.
ANALYSIS: The proposed amendments carry through to all sections of the Zoning Ordinance and have been reviewed to ensure they are consistent with all other provisions of the Zoning Ordinance and other City ordinances.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 19 _______________________________________________________________ Figure 1: Proposed Zoning Map Amendments
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 20 _______________________________________________________________ Table 1
Art. # Article Title Existing
Section # Section Title Summary of Change Source of Amendment Housing
Element
Program #
Art. 3 Definitions 3.06 Agricultural or Farm
Labor Camp
Delete: local regulations are superseded
per HSC §17020(a).*
Housing Element Program 7
Art. 3 Definitions 3.16 Boarding House Revise as per HSC § 17021.5(b) to expressly exclude employee housing.
Housing Element Program 7
Art. 3 Definitions 3.28 Dwelling Revisions to Dwelling, Multiple; add Dwelling, Group.
Housing Element Program
1, and
Program 5
Art. 3 Definitions 3.31 Employee Housing Add new definition that is consistent with State law
Housing Element Program 7
Art. 3 Definitions 3.31 Family Revise definition to comport with State law and case law, see City of Santa
Barbara v. Adamson (1980) 27 Cal.3d 123.
State law n/a
Art. 3 Definitions 3.32 Farm dwelling Revision to seasonal labor clause. Housing Element Program 7 Art. 3 Definitions 3.37 Guest House Move definition from Article 7 to Article
3. Staff n/a
Art. 3 Definitions 3.39 Hotel Revise to expressly exclude employee housing as per HSC § 17021.5(b).
Housing Element Program 7
Art. 3 Definitions 3.47 Lot, Flag Add definition; definition is the same that is contained in the City's Subd. Ord.
Staff n/a
Art. 3 Definitions 3.51 Motel Revise to expressly exclude employee housing as per HSC § 17021.5(b)
Housing Element Program 7
Art. 3 Definitions 3.64 Secondary Dwelling
Units
Revision to add date to distinguish
secondary dwelling units from ADUs.
Staff n/a
Art. 4 Establishment
& Designation
of Zones
4.01 Principal zones For consistency with adopted General Plan Land Use Element, table to be
updated to reflect deletion of RS, R4, and
CAG zones.
Land Use Element n/a
Art. 5 Regs. of
Principal Zones
5.02 Residential-Suburban Delete for consistency with adopted General Plan Land Use Element.
Land Use Element n/a
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 21 _______________________________________________________________ Art. # Article Title Existing
Section # Section Title Summary of Change Source of Amendment Housing
Element
Program #
Art. 5 Regs. of
Principal Zones
5.03 Residential OneFamily or R1 ZoneUpdate the principal uses to include small employee housing; and update lot
standards.
Land Use Element +
Housing Element
Program 7
Art. 5 Regs. of
Principal Zones
5.04 Residential TwoFamily or R2 ZoneUpdate principal uses to include multiple dwellings and dwelling groups, and small
employee housing; update intent section,
permitted uses, and lot standards.
Land Use Element +
Housing Element
Program
1,
Program
5, and
Program 7
Art. 5 Regs. of
Principal Zones
5.05 Residential MultipleFamily or R3 Zone** Update principal uses to include multiple dwellings and dwelling groups, and small
employee housing; update intent section,
permitted uses, and lot standards. Revise
text and formatting of the special yards
for dwelling groups section for residential
transitions.
Land Use Element +
Housing Element
Program
1, and
Program 7
Art. 5 Regs. of
Principal Zones
5.06 ApartmentProfessional or R4
Zone
Delete for consistency with adopted
General Plan Land Use Element.
Land Use Element n/a
Art. 5 Regs. of
Principal Zones
5.07 Neighborhood
Commercial or C1
Zone
Update principal permitted uses to
include dwellings, employee housing,
Multiple Dwellings and Dwelling Groups
above the 1st floor. Update the uses
permitted with a use permit to include
dwellings, employee housing, Multiple
Dwellings and Dwelling Groups on the
first floor.
Land Use Element +
Housing Element
Program 7
Art. 5 Regs. of
Principal Zones
5.08 Community
Commercial or C2
zone
Add small employee housing, Multiple
Dwellings and Dwelling Groups as
principal permitted uses.
Housing Element Program 7
Art. 5 Regs. of
Principal Zones
5.09 Agricultural Services
Commercial or CAG
Delete for consistency with adopted
General Plan Land Use Element.
Land Use Element n/a
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 22 _______________________________________________________________ Art. # Article Title Existing
Section # Section Title Summary of Change Source of Amendment Housing
Element
Program #
Art. 5 Regs. of
Principal Zones
5.10 Highway Service
Commercial or CH
Zone**
Add employee housing, Multiple
Dwellings and Dwelling Groups as uses
permitted with a use permit; delete labor
camps and labor supply camps.
Housing Element Program 7
Art. 5 Regs. of
Principal Zones
5.11 Limited Industrial or
ML
Add employee housing, Multiple
Dwellings and Dwelling Groups as uses
permitted with a use permit.
Housing Element Program 7
Art. 5 Regs. of
Principal Zones
5.12 Heavy Industrial or
M-H**
Add employee housing Multiple
Dwellings and Dwelling Groups as uses
permitted with a use permit; delete labor
camps and labor supply camps.
Housing Element Program 7
Art. 5 Regs. of
Principal Zones
5.14 Flood Plain or FP** Add employee housing as a use
permitted with a use permit.
Housing Element Program 7
Art. 5 Regs. of
Principal Zones
5.16 Agricultural Exclusive
or AE
Add employee housing as a principal
permitted use; delete labor camps and
labor supply camps
Housing Element Program 7
Art. 6 Regs. of
Combining
Zones
6.02 Agricultural or -A** Add employee housing as a principal permitted use; delete labor camps and
labor supply camps.
Housing Element Program 7
Art. 6 Regs. of
Combining
Zones
6.04 Recreation or -X** Add employee housing as a principal permitted use; delete labor camps and
labor supply camps.
Housing Element Program 7
Art. 6 Regs. of
Combining
Zones
6.06 Qualified or -Q Add small employee housing as a
principal permitted use.
Housing Element Program 7
Art. 7 General
Provisions &
Exceptions
7.09 Guest House Move definition from Article 7 to Article
3. Staff n/a
Art. 7 General
Provisions &
Exceptions
7.24 Sidewalks Add subparagraph number for 1st section
as per Ord. 2019-01; corrected
numbering of 7.25.2 and reference to
7.24.3 Staff n/a
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 23 _______________________________________________________________ Art. # Article Title Existing
Section # Section Title Summary of Change Source of Amendment Housing
Element
Program #
Art. 7 General
Provisions &
Exceptions
7.27 Yards Add the definition of the front for flag
lots. The definition is the same as that in
the Subd Ord. except where there is
irregularity, the City Manager or their
designee may make the determination.
Staff n/a
* HSC means the State of California’s Health and Safety Code. ** Indicates at this time there are no parcels of land in the City that this zone applies to.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 24 _______________________________________________________________
PUBLIC NOTICE
For the May 7, 2025 Planning Commission public hearing: On April 15, 2025, public hearing notices were mailed (via first class mail) to the owners of the thirty-one properties that are proposed to change from one zone to another. Also, a display ad was published in the April 17, 2025 edition of the Ferndale Enterprise. The City published the public hearing notice on its website, and posted the same notice on two public bulletin boards in accordance with §8.08 of the Zoning Ordinance.
Public Notice of the City Council’s July 16, 2025 public hearing (Attachment D) was similarly given as described above: a display ad was published in the July 3, 2025 edition of the Ferndale Enterprise. On June 27, 2025, the City mailed public hearing notices to the thirty-one affected property owners. The City published the public hearing notice on the City’s website, and posted the notice in the two designated public places.
PUBLIC COMMENTS
No written or verbal public comments were received at the April 2, 2025 Planning Commission meeting or the May 7, 2025 Planning Commission public hearing. As of the writing of this report, no public comments have been received in response to the public hearing notice. Should comments be received prior to the public hearing on July 16, 2025, they will be presented at the meeting.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Zoning Ordinance and Zoning Map amendments are entirely consistent with and implement the General Plan densities/intensities and land uses established in the General Plan, for which an EIR was previously prepared and certified. The proposed amendments have been reviewed by the City of Ferndale in light of Sections 15162 and 15164 of the CEQA Guidelines. As the CEQA Lead Agency, the City of Ferndale has determined, based on the analysis presented in the Addendum to the Program Environmental Impact Report (PEIR) prepared for the Ferndale General Plan Update: Land Use and Safety Elements, that none of the conditions apply which would require preparation of a subsequent or supplemental EIR and that an Addendum to the certified Ferndale General Plan Update: Land Use and Safety Elements PEIR is the appropriate environmental documentation under CEQA for the proposed amendments.
ATTACHMENTS
• Ordinance 2025-04, An Ordinance of the City Council of the City Of Ferndale of Humboldt County, California, Amending the Ferndale Zoning Ordinance, Ordinance 02-02, Adopting the Zoning Map Dated April 15, 2025, and Approving Addendum 1 Pursuant to the California Environmental Quality Act O Exhibit A – Planning Commission recommended proposed text amendments to the Ferndale Zoning Ordinance
O Exhibit B – Planning Commission recommended Zoning Map dated April 15, 2025 O Exhibit C – Addendum 1 to the Program Environmental Impact Report (PEIR) Prepared for the Ferndale General Plan Update: Land Use and Safety Elements (State Clearinghouse#: 2023020217), dated April 23, 2025.
• Attachment A – Housing Element Program 1, Program 5, and Program 7, excerpt from the Housing Element. • Attachment B – Public Hearing Notices
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 25 _______________________________________________________________ ORDINANCE NO. 2025-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE OF HUMBOLDT COUNTY, CALIFORNIA, AMENDING THE FERNDALE ZONING ORDINANCE, ORDINANCE 02-02, ADOPTING THE ZONING MAP DATED APRIL 15, 2025, AND APPROVING ADDENDUM 1 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Ferndale, California (hereafter “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850, et seq. authorizes cities to regulate land use, and to adopt and amend general plans and zoning and building ordinances for such purposes, and sets forth procedures governing the adoption and amendment of such ordinances; and WHEREAS, California Government Code Section 65860(a) requires that a city’s zoning regulations be consistent with its general plan; and
WHEREAS, Ordinance No. 02-02 is the adopted Zoning Ordinance of the City of Ferndale, as provided by Title 7 of the Government Code of the State of California. Ordinance is known and cited as the “Zoning Ordinance” as provided by Article 1.
WHEREAS, Article 8 of the Zoning Ordinance establishes the procedure to amend the Zoning Ordinance including changing property from one zone to another, imposing regulations not previously imposed, and by removing or modifying adopted regulations whenever the public necessity, convenience and welfare require such amendment; and
WHEREAS, Article 4, Section 4.04, of the Zoning Ordinance consists of the Zoning Map of the City, which may be amended in whole or in part in accordance with the amendment procedure set forth in Article 8 of Zoning Ordinance; and
WHEREAS, the City has prepared amendments to the Zoning Ordinance, and the Ferndale Zoning Map, hereafter Zoning Amendments, that implement programs of the adopted Housing Element, and Land Use Element and Land Use Map of the Ferndale General Plan, and address changes to State housing laws; and WHEREAS, pursuant to and in accordance with the provisions of the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations, hereafter “CEQA Guidelines”), the City is the lead agency for the preparation and consideration of environmental documents for the proposed project; and
WHEREAS, on November 20, 2024, the City Council certified the Final Program Environmental Impact Report (PEIR) for the (State Clearinghouse No. 2023020217) for the Ferndale General Plan Land Use Map, and Land Use Element and Safety Element Updates of the Ferndale General Plan (hereafter “Land Use Map and Element, and Safety Element Updates”), in accordance with applicable provisions of CEQA and the Public Resources Code Section 21000 et seq.; and
WHEREAS, when certifying the PEIR for the Land Use Map and Element, and Safety Element Updates, the City Council approved Resolution 2024-22 which is incorporated herein in its entirety by reference (available at https://ci.ferndale.ca.us/wp/wp-content/uploads/Resolution-2024-22-Certify-EIR-for-GP-Update.pdf), to adopt Mitigation Monitoring and Reporting Program, Findings of Fact, and a Statement of Overriding Considerations; and
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 26 _______________________________________________________________ WHEREAS, pursuant to CEQA Guidelines Section 15164(a), an addendum may be prepared by the lead agency that prepared the original EIR if some changes or additions are necessary, but none of the conditions have occurred set forth under CEQA Guidelines Section 15162 requiring preparation of a subsequent or supplemental EIR; and WHEREAS, staff of the City have determined and for the reasons set forth in Addendum 1 to the PEIR for the Land Use Map and Element, and Safety Element Updates (hereafter “Addendum 1 to the PEIR”), an addendum is the appropriate CEQA document for the Zoning Amendments because the proposed project does not meet the conditions of CEQA Guidelines Sections 15162 and 15163, for the preparation of a subsequent or supplemental EIR; and
WHEREAS, Addendum 1 to the PEIR is attached as Exhibit C and hereby incorporated by reference in its entirety, the City of Ferndale has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines to address the proposed Zoning Amendments as described in Exhibit A and Exhibit B; and WHEREAS, review and adoption of the proposed amendments are done in compliance with California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration; and
WHEREAS, on April 15, 2025, the City caused to be mailed public hearing notices to the thirty-one affected property owners; the City published a public hearing notice in the April 17, 2025 edition of the Ferndale Enterprise, posted the notice on the City’s website at https://ci.ferndale.ca.us/, and posted the same Notice of Public Hearing on two public bulletin boards in accordance with Section 8.08 of the Zoning Ordinance; and WHEREAS, on May 7, 2025, the Planning Commission conducted a duly noticed public hearing to accept public comment and consider Addendum 1 to the PEIR, and the proposed text amendments to various sections of the Zoning Ordinance and proposed amendments to Zoning Map; and WHEREAS, on May 7, 2025, after closing the public hearing, the Planning Commission unanimously adopted the Planning Commission Resolution 2025-03, recommending the City Council approve Addendum 1 to the PEIR; and then unanimously adopted the Planning Commission Resolution 2025-04 , recommending that the City Council adopt the proposed amendments to the Zoning Ordinance and Zoning Map; and WHEREAS, on June 27, 2025, the City caused to be mailed public hearing notices to the thirty-one affected property owners, and on Thursday, July 3, 2025, the City caused to be published in the Ferndale Enterprise, a newspaper of general circulation in the City of Ferndale, a Notice of Public Hearing on the proposed amendments to the Zoning Ordinance and Zoning Map; further, the City published a Notice of Public Hearing of the proposed amendment on its website at https://ci.ferndale.ca.us/, and posted the same Notice of Public Hearing on two public bulletin boards in accordance with Section 8.08 of the Zoning Ordinance; and said notices specify the availability of the Ordinance and the date, time, and location of the public hearing for this Ordinance; and WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, the Planning Commission’s recommendation that the City Council adopt the proposed amendments to the Zoning Ordinance and Zoning Map, and all appropriate information that has been submitted with these amendments; and WHEREAS, the subject Ordinance will amend Article 3, Article 4, Article 5, Article 6, and Article 7 of Ordinance No. 02-02 as set forth herein in Exhibit A; and
WHEREAS, the subject Ordinance will establish a new Zoning Map as set forth in Exhibit B; and upon the effective date of the subject Ordinance, the preceding Ferndale Zoning Map, as most recently amended, shall be of no further force or effect; and
WHEREAS, the amendments to the Zoning Ordinance, Ordinance No. 02-02, and Zoning Map, hereafter Zoning Amendments, would not be detrimental to the public interest, health, safety, convenience, or welfare of the City as the proposed amendments update old and outdated references; implement the allow a greater variety of July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 27 _______________________________________________________________ housing types and configurations in areas planned and zoned for residential development, and the Zoning Amendments thereby implement programs of the adopted 6th cycle Housing Element; and improve transparency of the zoning regulations; and
WHEREAS, the Zoning Amendments are consistent with the Ferndale General Plan; and WHEREAS, the amendments are internally consistent with Ordinance No. 02-02 (Zoning Ordinance) and other adopted City of Ferndale ordinances; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FERNDALE, DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. Recitals. Each fact set forth in the recitals above is true and correct, and incorporated herein by reference.
Section 2. California Environmental Quality Act. That the addendum was prepared for the proposed Project in compliance with the requirements of CEQA and the CEQA Guidelines. That the City Council hereby determines:
(1) That, based upon the evidence submitted and as demonstrated by the analysis included in the addendum, none of the conditions described in sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent environmental impact report (EIR) have occurred pursuant to the specific sections of the CEQA Guidelines:
(A) Section 15162(a)(1): The proposed Zoning Amendments do not propose such substantial changes to the certified PEIR for the Land Use Map and Element, and Safety Element Updates as to require major revisions to the PEIR for the Land Use Map and Element, and Safety Element Updates due to new or substantially more severe significant environmental effects than previously analyzed in the environmental impact report; and
(B) Section 15162 (a)(2):There have not been any substantial changes with respect to the circumstances under which the project is undertaken that require major revisions to the PEIR for the Land Use Map and Element, and Safety Element Updates due to the involvement of new significant environmental effects or a substantial increase in the severity of previously analyzed in the PEIR for the Land Use Map and Element, and Safety Element Updates; and
(C) Section 15162(a)(3): There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the PEIR for the Land Use Map and Element, and Safety Element Updates was adopted that shows any of the following:
(i) The project will have one or more significant effects not discussed in the PEIR for the Land Use Map and Element, and Safety Element Updates; or (ii) Significant effects previously examined will be substantially more severe than shown in the previous PEIR for the Land Use Map and Element, and Safety Element Updates; or
(iii) 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
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 28 _______________________________________________________________ (iv) Mitigation measures or alternatives which are considerably different from those analyzed in the PEIR for the Land Use Map and Element, and Safety Element Updates would substantially reduce one or more significant effects on the environment, but project proponents decline to adopt the mitigation measure or alternative. (2) The City Council has considered Addendum 1 to the PEIR for the Land Use Map and Element, Safety Element Updates, and the City Council has exercised its independent judgment in making the findings and determinations set forth herein.
Section 3. Findings.
(1) The City Council hereby finds that the Addendum 1 to the PEIR for the Land Use Map and Element, and Safety Element Updates for the proposed Zoning Amendments satisfies all the requirements of CEQA and is adequate to serve as the required environmental documentation for the proposed Project, and hereby adopts Addendum 1 to the PEIR for the Land Use Map and Element, and Safety Element Updates for the proposed amendments to the Zoning Ordinance and Zoning Map.
(2) All findings required by State General Plan law and the Ferndale Zoning Ordinance for the approval of the amendments to the Ferndale Zoning Ordinance and the Ferndale Zoning Map are made.
Section 4. Amendments to the Zoning Ordinance Text. The following Articles of the Ferndale Zoning Ordinance are hereby amended by this Ordinance as set forth in Exhibit A, attached hereto and incorporated in its entirety herein by reference:
Article 3: Definitions
Article 4: Establishment and Designation of Zones
Article 5: Regulations for the Principal Zone
Article 6: Regulations for the Combining Zones
Article 7: General Provisions and Exceptions
Without modifying the substance, following adoption of this Ordinance, the City Clerk shall cause the amendments to the Zoning Ordinance to be consistent in form and style with the Zoning Ordinance.
Section 5. Amendments to the Zoning Map. All incorporated territory of the City shall be classified as specified by the Zoning Map dated April 15, 2025, attached as Exhibit B and hereby incorporated in its entirely by reference, is hereby adopted as part of this Ordinance, and that the Zoning Map shall supersede all previously adopted version(s) of the Ferndale Zoning Map.
Section 6. Effective Date. The effective date of this Ordinance is thirty (30) days after its adoption of the City Council. The Clerk shall cause this Ordinance to be published in the manner required by Government Code section 36933.
Section 7. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
Section 8. Limited Repeal. Any provision of the Zoning Ordinance that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 29 _______________________________________________________________ INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Ferndale, California, on this 16th day of July 2025, by the following ROLL CALL vote of the City Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Randy Cady, Mayor
Attest:
________________________________
Kristene Hall, City Clerk
SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Ferndale, California, on this _____ day of _____________2025, by the following ROLL CALL vote of the City Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Randy Cady, Mayor
Attest:
________________________________
Kristene Hall, City Clerk
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 30 _______________________________________________________________ Exhibit A
Notes:
1. Proposed amendments to the subject Articles are shown in underlined text for additions and strikethrough text for deletions.
2. All Articles and sub-sections not included in the below referenced shall continue in full force, unamended by this Ordinance.
ARTICLE 3: DEFINITIONS
Unless the context otherwise requires, the definitions set forth in this Article shall be used in the interpretation and construction of this Ordinance. Words used in the present tense shall include the future, and in the future tense shall include the present tense; the singular number shall include the plural, and the plural the singular. The word “building” shall include the word “structure,” the word “used” shall include “arranged, designed, constructed, altered, converted, rented, leased, or intended to be used” and the word “shall” is mandatory. “City” shall mean the City of Ferndale, “City Council” shall mean the City Council of Ferndale and “Planning Commission” shall mean the Planning Commission of the City of Ferndale or the City Council in the absence of a legally constituted Planning Commission.
§3.01 Abutting: Land having a common property line or separated only by an alley, easement or private road.
§3.02 Access Drive: A private drive connecting a street or alley with a parking or loading area or space and of sufficient width to safely permit the passage of all vehicles, equipment, machinery, trailers, mobile homes, and pedestrians which may normally or reasonably be expected to seek access to the parking or loading area or space. Whenever the size, location or use of the parking or loading area is such as to reasonably necessitate the use of such drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of such emergency vehicles in order to be considered as an access drive within the meaning of these regulations.
§3.03 Acreage: Land that is customarily measured in terms of acres rather than front feet or square feet. §3.04 Administrative Officials: The Planning Commission of the City of Ferndale and/or such other Planning Commission employee as may be designated by the Planning Commission. §3.05 Agriculture, General: Farming, dairying, pasturage, timber production, tree farming, horticulture, floriculture, viniculture, apiaries and animal and poultry husbandry, but not including stock yards, slaughter houses, hog farms, pig farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter.
§3.06 Agricultural or Farm Labor Camp: Any living quarters, dwelling, boarding house, tent, bunk house, mobile home or other housing accommodation maintained in connection with any work being performed, and the premises upon which they are situated, or the areas set aside and provided for camping of five (5) or more employees by a labor contractor. Labor camps shall also mean a labor supply camp, which is any place, area or piece of land where a person engages in the business of providing sleeping places or camping grounds for five (5) or more employees or prospective employees to another.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 31 _______________________________________________________________ NOTE: The following Sections shall be renumbered sequentially. §3.07 Agricultural Service-Related Business: A business whose principal activity includes the service and selling of goods directly related to farming, dairying, pasturage, horticulture and animal and poultry husbandry. Such uses include “feed and farm supply stores,” “hay, feed, seed, tools and hardware stores” or “farm and ranch supplies,” but does not include a stock yard, slaughter house, meat market, animal and poultry husbandry, animal-keeping or veterinary service, fertilizer works or a plant for the reduction of animal matter. Furthermore, the selling or repairing of vehicles, farm implements like tractors or accessories, or the dispensing of fuels for such is not allowed as a principle activity.
§3.08 Alley or Lane: A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property and not intended for general traffic circulation, except when such terms are modified by the word “bowling.” §3.09 Animal hospital: A building where animals are given medical or surgical treatment for compensation and where the boarding of animals is incidental to such treatment. The designation “small animal hospital” shall indicate that such treatment shall be limited to dogs, cats, rabbits, birds and similar small animals.
§3.10 Animal Products Processing Plants: Buildings and premises for the preparation for wholesale distribution of animals or animal products, including, but not limited to, slaughter houses, fat rendering, tallow works, fertilizer plants, tanneries, seafood packing and canning and distillation of bones.
§3.11 Automobile Repair:
3.11.1 Automobile Repair, Major: General repair, rebuilding or reconditioning of engines, including removal of same; motor vehicle, truck or trailer collision service, including body, frame or fender straightening or repair and over-all painting or paint shop.
3.11.2 Automobile Repair, Minor: Upholstering, replacement of parts and motor service, not including removal of the motor, to passenger cars and trucks not exceeding one and one-half (1 ½) tons capacity, but not including any operation under “Automobile Repair, Major” Section 3.11.1
§3.12 Automobile Service, Gas or Filling Station: A place which provides for the servicing, washing and fueling or operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto.
§3.13 Bed and Breakfast: A home occupation for a residential dwelling occupied by a resident person or family, containing one bedroom with separate bathroom occupied on a transient basis for compensation, and in which a breakfast may be provided to guests. The breakfast provided shall not constitute a restaurant operation and may not be provided to persons other than guests of the bed and breakfast. See also §7.06 for Bed and Breakfast Inns. §3.14 Board of Supervisors: Humboldt County Board of Supervisors. §3.15 Board of Zoning Adjustment: The Planning Commission. §3.16 Boarding House: A dwelling or part thereof where meals or meals and lodging are provided for compensation for three (3) or more persons, not transient, but does not include employee housing.
§3.17 Building: Any structure having a roof used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground or foundation up, each part is deemed a separate building, except as regards minimum side yard requirements.
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3.17.1 Building, Accessory: A detached subordinate building located on the same building site as the main building and designated and intended for a use that is subordinate to the use of the main building.
3.17.2 Building, Main: A building in which is conducted the principal use of the building site on which it is situated.
3.17.3 Building Site: See Lot.
§3.18 (These sections amended by Ord. 07-01 on 2/12/07) Building Inspector – shall be appointed by the City Manager.
§3.19 Building Official shall be appointed by the City Manager. (End of sections amended by Ordinance 07-01 on 2/12/07)
§3.20 Camp, Public: Any area or tract of land used or designated to accommodate temporarily two (2) or more camping parties, traveling by automobile or otherwise. §3.21 Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, but not limited to, columbarium, crematories, mausoleums, mortuaries and chapels, when operated in conjunction with and within the boundary of such cemetery.
§3.22 City: The City of Ferndale.
§3.23 City Council: The City Council of Ferndale.
§3.24 Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, which is bounded on two or more sides by such building or buildings. §3.25 Commission, Planning Commission: The Planning Commission of the City of Ferndale, State of California.
§3.26 Communication Equipment Building: A building which houses electrical and mechanical equipment necessary for the conduct of a public utility communications business with or without personnel.
§3.27 Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two structures.
§3.28 Dwelling: Any building or portion thereof containing one or more dwelling units designed or used exclusively as a residence or sleeping place for one or more families, but not including a tent, cabin, boat, trailer, mobile home, labor camp, hotel or motel.
3.28.1 Dwelling, Single Family: A building containing exclusively one dwelling unit.
3.28.2 Dwelling, Two-Family or Duplex: A detached building under one roof, designed for or occupied exclusively by two families living independently of each other.
3.28.3 Dwelling, Multiple: A building or portion thereof containing three (3) or more dwelling units located on a single lot. Includes apartments and flats, units side-byside, units stacked, dwelling groups, and one or more units occupying the same site as a non-residential uses (mixed use development), including apartments and flats but excluding Excludes boarding houses, motels, mobile home parks, hotels, fraternity or sorority houses, and private residence clubs, vacation rentals, and detached single family homes with accessory dwelling units in compliance with Sections 66310-66342 of the California Government Code.
3.28.4 Dwelling Unit: One room, or a suite of two (2) or more rooms, designed for, intended for, or used by one family, where the family lives, sleeps and cooks and which unit has one kitchen or kitchenette.
3.28.5 Dwelling Group: Three or more detached single-family dwellings occupying a parcel of land, in one (1) ownership and having a yard court in common, but not including manufactured home parks, hotels, motels, vacation rentals, and transient occupancy uses.
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_______________________________________________________________ 33 _______________________________________________________________ §3.29 Emergency Repairs: Repairs made to any structure, whether used for residential, commercial or other uses, in the immediate period following damage by earthquake, fire, wind, hail, or collision, provided that such repairs will bring the structure to its original design. Such repairs include: re-roofing, repairing fire damage, painting, re-painting, paint scraping, and replacing windows, drainpipes, railings, and small structural ornamentation. §3.30 Emergency Vehicle: Self-propelled vehicle or trailer used in the discharge of the duties of public districts, agencies, or departments or privately owned public utilities responsible for fire prevention and control, police enforcement, sanitation, sewage, drainage, flood control and public utility maintenance and service.
§3.31 Employee Housing:
3.31.1 Small Employee Housing: Means housing for employees, including farmworkers, providing accommodations for six or fewer persons in a single family dwelling and consistent with California Health and Safety Code Section 17021.5. Small employee housing shall be deemed a single-family dwelling and is allowed in residential zones.
Employee housing for six or fewer employees is subject to all municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.
3.31.2 Large Employee Housing: Means housing for employees, including farmworkers, consisting of no more than thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household and consistent with the California Health and Safety Code Section 17021.6. Moreover, large employee housing is an agricultural land use, and shall not be deemed a use that implies that employee housing is an activity that differs in any other way from an agricultural use pursuant to Section 17021.6 of the California Health and Safety Code.
NOTE: THE FOLLOWING SECTIONS SHALL BE RENUMBERED SEQUENTIALLY. §3.31 Family: A person living alone, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) unrelated persons living together as a single non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, motel, hotel or fraternity or sorority house. A family shall be deemed to include necessary servants. One or more persons sharing a dwelling unit whether or not related by blood, marriage, or adoption.
§3.32 Farm Dwelling: A dwelling on farm premises for permanent residents of the farm, such as the owner, lessee, foreman, or others whose principal employment is the operation of the farm, as distinguished from quarters for seasonal labor.
§3.33 Frontage: All the property on one (1) side of a street between intersecting or intercepting streets or between a street and right-of-way, waterway, end of a dead-end street or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts. §3.34 Fur Farm: A place at which fur-bearing animals are bred and raised for commercial purposes, such as breeding stock or for the reclamation of pelts. §3.35 Garage:
3.35.1 Garage, Private: An accessory building or a portion of a building designed for the storage of self-propelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site and their guests, including covered parking space or carport.
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3.35.2 Garage, Public: Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, trailers and boats or where any such are equipped for operation or repair or kept for remuneration and hire.
3.35.3 Garage, Storage: Any structure or portion thereof or premises, except those herein defined as private garages, used exclusively for the storage for remuneration or hire of self-propelled vehicles, trailers and boats.
§3.36 Ground Coverage: The percentage of the total area that is covered by structures as herein defined.
§3.36§3.37 Guest Houses: Guest houses are herein defined as a detached living quarter of permanent construction, without a kitchen, which is clearly subordinate and incidental to the use of the main building, on the same lot. Guest houses shall not be let, leased or rented, in whole or in part, independently of the main building.
§3.37§3.38 Hog Farm: Any premises used for the raising or keeping of three (3) or more hogs when raised, fed or fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural zone, the term “hog farm” is not intended to otherwise preclude the raising of hogs as part of a general farming operation. §3.38§3.39 (This section amended by Ordinance 08-03) Home Occupation: Any use which, as determined by this ordinance, is customarily carried on within a dwelling or unattached structure by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling. (End of section amended by Ordinance 08-03) §3.39§3.40 Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six (6) or more transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses.
Excludes employee housing.
§3.40§3.41 Incidental and/or Appurtenant Uses: Small and/or related activities other than the uses specified under “Agricultural Service-Related Business,” which are available or are conducted on the site during the same hours of the principal activity and all of which occupy less than 25 percent of the total retail floor area. Such activities shall be related to or not conflict with the principle activity. Such activities can include: home supplies, small-scale plant nurseries and landscape supplies, home improvement supplies and books, canning and kitchen supplies, work clothes, pruning or composting workshops, deli (not exceeding 200 square. feet.), gift items or handcrafted items.
§3.41§3.42 Instruction, Commercial: Schools or classes operated within a building to give instruction in any art, profession, trade or business, for compensation, and including, but not limited to instruction in cosmetology, hairdressing, barbering, bartending, music, dancing, typing, shorthand or other business skills, electronics or engineering. §3.42§3.43 Junk Yard: Any aggregate area of more than two hundred (200) square feet within any parcel, lot or contiguous lots which is used as a place where imported waste, inoperable household appliances, inoperable machinery, inoperable motor vehicles, portions of inoperable motor vehicles or discarded or salvaged materials are disassembled, handled, placed, processed, baled, packaged or stored. This includes but is not limited to auto and trailer wrecking yards, scrap metal yards, wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel material and equipment.
This does not include the above activities when conducted entirely within completely enclosed buildings nor the sale or storage of used cars, farm machinery, trailers or boats in operable condition, nor the salvage of materials incidental to manufacturing or farm operations, provided such salvage takes place where the manufacturing or farming is done.
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_______________________________________________________________ 35 _______________________________________________________________ §3.43§3.44 Kennel: Any premises, except those accessory to an agricultural use, where five (5) or more small domestic animals, not sick or injured, are boarded, cared for or trained for compensation, or are kept for sale or breeding purposes. §3.44§3.45 Kitchen or Kitchenette: Any space used or designated to be used for cooking and preparing food, whether the cooking unit be permanent or temporary and portable. §3.45§3.46 Licensed Premises: Premises licensed by the Alcoholic Beverage Control Board of the State of California for the sale and consumption of alcoholic beverages on the premises. §3.46§3.47 Living:
3.46.1 Living Area: The interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
3.46.2 Living Quarters: One or more rooms in a building designed, intended for or used by one or more individuals for living or sleeping purposes, but which does not have cooking facilities.
§3.47§3.48 Lot:
3.47.13.48.1 Lot, Building Site: A parcel of land, exclusive of public streets or alleys, occupied or intended to be occupied by a building or group of buildings, together with such open space, yards, minimum width and area as are required by these regulations, and having full frontage on an improved and accepted public street which meets the standard of widths and improvements specified by the City of Ferndale for the street in question, or having either partial frontage on such street or access thereto by record right-of-way or record easement, which partial frontage right-of-way or easement is determined by the Commission to be adequate. In subdivided areas, a building site is any portion of a filed and recorded lot or any combination of contiguous lands, including more than a lot which meets the minimum area and width requirements of the zone in which it is located and which is so shaped that a building having the minimum area as set forth in the building code for the purpose intended for said building could be constructed in compliance of all yard requirements of that zone. As used herein, “lot” is not restricted to a parcel of land identified and filed and recorded as a subdivision by lot number.
3.47.23.48.2 Lot, Corner: A lot abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
a. The front yard of a corner lot is the yard adjacent to the shortest street frontage.
b. The rear yard of a corner lot extends to the side yard adjacent to the street c. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line.
3.47.3 Lot, Flag: A lot with access to a public street by a corridor of land of considerable length and not less than 20 feet in width. The front lot line of a flag lot shall be defined as that interior lot line which is more parallel and closest to the public street, except where due to the irregularity of the shape of the lot the Planning Department may determine otherwise. In computing the area of the flag lot, the area of the corridor shall be excluded.
3.47.4 Lot, Interior: A lot other than a corner or key lot.
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3.47.5 3.47.6 Lot, Key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot (exclusive of any alley) and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.
3.47.7 Lot Area: The total horizontal area included within lot lines, but excluding any portion of such area that has been dedicated for public right-of-way purposes.
3.47.8 Lot Depth: The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines
3.47.9 Lot Lines. The property lines bounding the lot. The definitions herein are applicable to lots that are basically square or rectangular in shape. When these definitions are not applicable due to irregularity in the shape of the lot, lot lines shall be determined by the Administrative Official, subject to review by the Planning Commission.
a. Lot Line, Front: The line separating the lot from the street right-of-way. In the case of a corner lot, the shorter street frontage shall be the front lot line. b. Lot Line, Rear: In the case of an interior Lot, the line opposite and most distant from the front lot line. In the case of a triangular or wedge-shape lot, for measurement purposes, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
c. Lot Line, Side: Any lot lines not a front or rear lot line.
3.47.10 Lot Width: The horizontal distance between the side lot lines measured at right angles to the depth of the lot at the front yard set back line. Whenever this definition cannot be applied due to irregularity in the shape of the lots, the lot width shall be as determined by the Administrative Official subject to review by the Planning Commission.
§3.48 Minor Repair & Routine Maintenance: Such repair and maintenance which may include reroofing; painting; re-painting, re-surfacing; paint scraping; replacement of windows; drainpipes, railings, and small structural ornamentation; and replacement of individual boards in a wooden porch with fresh identical lumber, if the status quo or original design is maintained.
§3.49 Mobile homes:
3.49.4 Use exemptions: A mobile home shall be occupied or used for living or sleeping purposes on an individual lot only if it is in accordance with 7.14.2 of this ordinance, with the following exceptions:
a. In conjunction with a trailer sales area: One mobile home may be used as an office appurtenant and accessory to, and in conjunction with the operation of a mobile home sales area.
b. Temporary office or residence: One mobile home may be permitted, with a special permit issued by the Building Department, as a temporary office or residence, after obtaining a building permit of the same use on the same lot.
Such use of the mobile home shall be limited to six (6) months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit. The Building Department may renew such special permit for one additional period of six (6) months, if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.
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_______________________________________________________________ 37 _______________________________________________________________ c. By building contractors: Mobile homes may be used, with a use permit, as temporary offices by construction contractors, or as temporary living quarters for their employees in all zones.
3.49.5 Mobile homes on individual lots: A mobile home shall be permitted on an individual lot as a single-family dwelling unit, only if it meets the following requirements:
a. Eligibility:
i. The mobile home must be certified under the National Mobile Home Construction and Safety Standards Act of 1974.
ii. The mobile home must be installed on a permanent foundation system designed in accordance with the provisions of Chapter 29 of the Uniform Building Code, 1979 Edition, or applicable provisions of subsequent editions adopted for use by the City.
iii. The mobile home must comply with all development standards specified in the zone in which the mobile home is to be placed. iv. The mobile home must be located within an area of the City determined to be compatible with mobile home use, as defined in the Compatibility Section, below.
d. Compatibility: Mobile homes shall be considered compatible in those areas outside of the Design Control Combining or -D Zones, as particularly described on the Zoning Map of the City of Ferndale. The Design Control districts designated on said map have been found to be both of significant historical value and of overall unique architectural character, warranting protection of preservation efforts and infill development of comparable nature. Therefore, mobile homes, as defined herein, are not found to be compatible with these areas, but shall be permitted in all other areas of the City wherein singlefamily dwellings are a principal permitted use of land. §3.50 Mobile Home Park Standards: All mobile home parks shall be subject to the following requirements:
3.50.4 Minimum lot area: one (1) acre.
3.50.5 Minimum recreation space: 10% of site
3.50.6 Minimum yards around parks: front, 20 feet; side and rear, 10 feet; suitably landscaped to provide effective screening.
3.50.7 All areas not used for access, parking, circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean and orderly and sanitary condition.
3.50.8 All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by 10 feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved.
Two (2) parking spaces or the equivalent thereof shall be provided for each mobile home site.
3.50.9 The Planning Commission may modify the above requirements for an existing substandard park proposed to be enlarged or extended, provided that the modifications are limited to the overall improvement in the design or standards of such existing park.
§3.51 Motel: A building or group of buildings comprising individual living quarters or dwelling units for the accommodation of transient guests which is so designed that parking is on the same building site and is conveniently accessible from the living units without having to pass through any lobby or interior court. This definition includes auto court, tourist court, motor July 16, 2025
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_______________________________________________________________ 38 _______________________________________________________________ hotel, but does not include accommodation for mobile homes or trailers. Excludes employee housing.
§3.52 Non-Conforming Buildings: A building, structure or portion thereof which lawfully existed at the time of the adoption of these regulations but which does not conform to all the heights and area regulations of the zone in which it is located, or which is so designed, erected or altered that it could not reasonably be occupied by a use permitted in the zone in which it is located.
§3.53 Nurseries and Greenhouses: Buildings and premises for the propagation, display, and retail sale of plants, vines, shrubs and trees, and the sale of horticultural materials when incidental thereto.
§3.54 Office:
3.54.4 Office, Business: An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients or payments or the keeping of records and accounts pertaining to the particular business.
3.54.5 Office, Professional: An office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and which includes medical or dental laboratories.
§3.55 Owner: The person or persons, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner.
§3.56 Person: Any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties.
§3.57 Planning Commission: The Planning Commission of the City of Ferndale, as created by City Ordinance, hereafter referred to as the Commission.
§3.58 Public Use: A use operated exclusively by a governmental agency or public agency, which has the purpose of serving the public health, safety, convenience or general welfare, and which includes but is not limited to such uses as schools, parks, playgrounds, educational, recreational and social facilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities.
§3.59 Quasi-Public Use: A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association, or organization, and including, but not limited to, such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls or private hospitals. §3.60 Recreational:
3.60.4 Recreational, Commercial: Recreation facilities open to the general public for a fee, or restricted to members when operated for profit as a business.
3.60.5 Recreational, Private, Noncommercial: Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests.
§3.61 Residential Care Institution: The rooming or boarding of any aged or convalescent person whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency. Residential Care Institution shall include: sanitarium, rest home and convalescent home.
§3.62 Roadside Stand: A temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located or produced July 16, 2025
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_______________________________________________________________ 39 _______________________________________________________________ upon other sites under the same ownership as that of such nonprofit organization and their guests.
§3.63 Routine Maintenance: See Section 3.48 Minor Repair. §3.64 Secondary Dwelling Unit: A separate residential unit constructed prior to January 1, 2017, containing sleeping, kitchen and bathroom facilities, created on a lot zoned R-1 or R-S that already contains one legally created residential unit. A secondary dwelling unit may be created by: (The entire section 3.64 was amended by Ordinance 03-03 on July 14, 2003)
3.64.4 Alteration of an existing residential structure whereby kitchen and bathroom facilities are not shared in common; or
3.64.5 Conversion of an attic, basement, attached garage, or other previously uninhabited portion of a residential structure; or
3.64.6 Addition of a separate unit onto an existing residential structure or
3.64.7 Construction of a separate structure on a lot in addition to an existing residential structure.
§3.65 Setback Line: A line established by these regulations or by other ordinance or regulation to govern the placement of buildings or structures with respect to lot lines, streets or alleys. §3.66 Sign: (This entire section was repealed by Ordinance 2013-02 on December 7, 2013). §3.67 Stable:
3.67.4 Stable Private: A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their guests.
3.67.5 Stable Public: A stable other than a private stable; generally, where horses are available for hire, or are sheltered and fed for compensation. §3.68 Street: A public or private right-of-way that provides a primary means of access to abutting property.
§3.69 Street Line: The boundary between a street right-of-way and abutting property. §3.70 Structure: Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but not limited to: signs, fences, walls used as a fence, mailboxes, flag poles, solar panels, ham radio antenna, telecommunications facilities, wind turbine towers, and swimming pools, but excluding driveways, patios, or parking spaces where the area is unobstructed from the ground up. (This section amended by Ordinance 05-02 on 5/7/05.) §3.71 Structural Alteration: Any change in the structural members of a building, such as bearing walls, columns, beams or girders.
§3.72 Timber Production: The systematic harvesting and reseeding of timber stands in accordance with practices designed to maintain the productive capacity of the land, preserve the watershed and conserve the soil.
§3.73 Timber Products Processing Plants: Buildings and premises for the commercial processing of wood and wood products, including but not limited to, sawmills, lumber mills and plywood mills, but not including pulp mills. Pulp mills shall be classified as heavy industrial use and shall be permitted in the zones designed to accommodate such uses. §3.74 Trailer: Any vehicle without motive power or designed to be drawn by a motor vehicle and to be used in such a manner as to permit temporary occupancy thereof as sleeping quarters or occupation or use as a selling or advertising device, or use for storage or conveyance of tools, equipment, or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets. The term “trailer” includes the term “camp trailer,” “trailer coach,” “automobile trailer” and “house trailer,” except when the latter falls within the definition of “mobile home.” Trailers are considered structures for the purpose of these regulations when they are parked in mobile home parks or trailer camps and are used on such July 16, 2025
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_______________________________________________________________ 40 _______________________________________________________________ sites for human habitation, offices, wash houses, storage or similar auxiliary services necessary for the human habitation of the court or camps. §3.75 Trailer Camp: Any lot or parcel thereof or parcel of land which is used or offered as a location for one or more trailers of camping, weekend or temporary occupancy. As distinguished from a Mobile Home Park, a trailer camp is usually located in or adjacent to a recreation or resort facility and is primarily designed to serve as a seasonal facility or as a place of temporary residence for persons who have a permanent residence established elsewhere. §3.76 Trailer Court or Trailer Park: See Mobile Home.
§3.77 Transient: When used in conjunction with boarding or lodging, services that are charged for in units of less than one (1) month and where the majority of people utilizing such services remain for periods of less than three (3) months, except for bed and breakfast inns. This period shall be limited to a maximum of fourteen (14) consecutive days. §3.78 Use: The purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
3.78.4 Use, Accessory: A use legally permitted in the zone which is incidental to and subordinate to the principal use of the site or a main building on the site, and serves a purpose which does not change the character of the principal use.
3.78.5 (This section amended by Ord. 07-01 on 2/12/07) Use, Conditional: A principal or accessory use of land or of structures thereon which may be essential or desirable to the public convenience or welfare in one or more zones, but which may also impair the integrity and character of the zone or adjoining zone, or be detrimental to the public health, morals or welfare unless additional restrictions on the location and extent of use are imposed and enforced. Such use shall become a “principal permitted use” or “accessory permitted use” when all specific additional restrictions are completed and permanently satisfied in conformance with an approved use permit. Should such restrictions be of a continuing nature, the use will remain “conditional” so long as the restrictions are complied with, but shall become an “illegal use” whenever and so long as the restrictions are not complied with.
Conditional Use Permits run with the land. (End of section amended by Ordinance 07-01 on 2/12/07)
3.78.6 Use, Nonconforming: A use which lawfully occupied a building or land at the time of the adoption of these regulations and which does not conform to the use regulations of the zone in which it is located.
3.78.7 Use, Principal Permitted: The primary use of land or of a main building which is compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee or other person who has legal right to use the land has a vested right to conduct such principal permitted use without securing special permission, subject only to such general limitations as off-street parking and site plan approval which are generally applied to all uses in that zone.
§3.79 Wrecking Yard: See Junk Yard, Section 3.42.
§3.80 Yard: An open space other than a court on the same site with a building, which open space is unoccupied and unobstructed from the ground upward, except for landscaping or as specified elsewhere in this ordinance, but not including any portion of any street, alley or road right-ofway, except as specified elsewhere in these regulations.
3.80.4 Yard, Front: A yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shortest street frontage.
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3.80.5 Yard, Rear: A yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto, except that the rear yard of a corner lot extends to the side yard adjacent to the street.
3.80.6 Yard, Side: A yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line on the lot and the nearest vertical support or main wall of each building or enclosed or covered porch attached thereto. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line.
§3.81 Yard Sale: An activity involving the sale of used and second-hand goods which are the personal property of the owner or resident of the parcel on which the sale is being conducted, or for a joint yard sale carried out by two or more households, where at least one participant is the owner or resident of the parcel on which the yard sale is being conducted, but which activity is not part of a commercial operation subject to regulation by the State Board of Equalization or the business license ordinance of the City, the use remaining clearly incidental and subordinate to the residential use of the parcel.
§3.82 Zone: A portion of the territory of the City of Ferndale within which certain uniform regulations and requirements or combinations thereof apply under the provisions of these regulations. The word “zone” shall include the word “district.” July 16, 2025
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_______________________________________________________________ 42 _______________________________________________________________ ARTICLE 4: ESTABLISHMENT AND DESIGNATION OF ZONES
§4.01 Principal Zones: The several zones, hereby established, and into which the City may be divided, are as follows:
ZONE DESIGNATION
Residential Suburban RS
Residential One Family R1
Residential Two Family R2
Residential Multiple Family R3
Apartment-Professional R4
Neighborhood Commercial C1
Community Commercial C2
Agricultural Services Commercial CAG
Highway Service Commercial CH
Limited Industrial ML
Heavy Industrial MH
Floodway FW
Flood Plain FP
Planned Development PD
Agriculture-Exclusive AE
Public Facility PF
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§4.05 Zoning Map: This section consists of the zoning map of the City, which may be amended in whole or in part in accordance with the amendment procedure set forth in Article VIII8. All incorporated territory of the City shall be classified as specified by the zoning map adopted as a part of these regulations.
§4.06 Limitations on Land Use and Structures, except as otherwise provided in Article IX4:
4.06.1 Use requirements: No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses hereinafter listed as permitted in the zone in which such buildings, land, or premises is located.
4.06.2 Height requirements: No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located except as provided in Article VII7.
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July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 43 _______________________________________________________________ ARTICLE 5: REGULATIONS FOR THE PRINCIPAL ZONE:
§5.01 In addition to the regulations specified in this Article for each of the principal zones, the general regulations set forth in Article VII 7 shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this Article and the general regulations set forth in Article VII7, the Planning Commission shall determine which of the conflicting regulations shall be applicable. §5.02 Residential-Suburban or R-S Zone. The Residential-Suburban or R-S Zone is intended to be applied in areas of the City which are particularly suited to large lot development of singlefamily homes. The following regulations shall apply in all Residential-Suburban or R-S Zones:
5.02.1 Principal permitted uses:
a. Single-family dwellings.
b. Servants’ quarters, vacation rentals, and guesthouses. c. Keeping no more than eight (8) household pets on each lot.
5.02.2 Uses Permitted with a Use Permit:
a. Private institutions.
b. Private recreation facilities, including golf courses. c. Bed and breakfast inns.
d. Secondary dwelling units.
5.02.3 Other Regulations:
a. Minimum lot area: one (1) acre.
b. Minimum lot width: 125 feet.
c. Minimum lot depth: 110 feet.
d. Minimum yards: front, 20 feet; rear, 15 feet; side, 10% of lot width on each side except that no side yard may be less than 5 feet, or need be more than 12 feet.
e. Maximum building height: 35 feet.
5.02.4 Development Criteria: Any single-family home constructed or placed within the City of Ferndale in accordance with these provisions shall
a. Have a minimum width of 20 feet, and
b. Have a minimum twelve (12) inch roof overhang on all sides, and c. Have an exterior siding composed of one or more of the following materials:
i. Plywood exterior paneling.
ii. Masonry or concrete.
iii. Stucco.
iv. Any wood product including shingles, shakes, horizontal overlapping board or pressboard siding or any material of wood-like appearance in widths of twelve (12) inches or less, and
d. Have exterior siding that shall extend to the ground, except that when a solid concrete masonry foundation is used, the exterior covering material need not extend below the top of the foundation, and
e. Have a roof composed of one or more of the following materials:
i. Interlocking roof tiles.
ii. Composition shingles.
iii. Wood.
iv. Wood asbestos cement or slate shingles.
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CITY COUNCIL MEETING
_______________________________________________________________ 44 _______________________________________________________________ f. The Planning Commission may allow a single-family dwelling to be constructed or placed within the City of Ferndale with alternative development standards substituted for those herein above set forth, or to exempt such a dwelling from the strict application of such development standards, upon showing of good cause. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission and any appeal of the decision of the Planning Commission may be taken in accordance with the revisions of Article XI.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 45 _______________________________________________________________ §5.03§5.02 Residential One-Family or R1 Zone is intended to be applied in areas of the City where topography, access, utilities, public services and general conditions make the area suitable and desirable for single-family home development. The following regulations shall apply in all Residential One-Family or R1 Zones:
5.03.15.02.1 Principal permitted uses:
a. Single-family dwellings.
b. Boarding of not more than two (2) persons not employed on the premises. c. Keeping no more than four (4) household pets for each dwelling unit. d. Vacation rentals.
e. Small employee housing.
5.03.25.02.2 Uses permitted with a Use Permit:
a. Guest houses and servants’ quarters.
b. Public and private non-commercial recreation facilities, including golf courses. c. Bed and breakfast inns.
d. Secondary dwelling units.
5.03.35.02.3 Other regulations:
a. Minimum lot area: 6,0005,000 square feet.
b. Minimum lot width: 60 50 feet.
c. Maximum lot depth: 3 times lot width.
d. Minimum yards: front, 20 feet; rear, 15 ft; side, 10% of lot width on each side except that no side yard may be less than 5 ft, or need be more than 12 ft. e. Maximum ground coverage: 3540%.
f. Maximum building height: 35 feet.
5.03.45.02.4 Development Criteria: Any single-family home constructed or placed within the City of Ferndale in accordance with these provisions shall a. Have a minimum width of 20 feet, and
b. Have a minimum twelve (12) inch roof overhang on all sides, and c. Have an exterior siding composed of one or more of the following materials:
i. Plywood exterior paneling.
ii. Masonry or concrete.
iii. Stucco.
iv. Any wood product including shingles, shakes, horizontal overlapping board or pressboard siding or any material of wood-like appearance in widths of twelve (12) inches or less, and
d. Have exterior siding that shall extend to the ground, except that when a solid concrete masonry foundation is used, the exterior covering material need not extend below the top of the foundation, and
e. Have a roof composed of one or more of the following materials:
i. Interlocking roof tiles.
ii. Composition shingles.
iii. Wood.
iv. Wood asbestos cement or slate shingles.
v. The Planning Commission may allow a single-family dwelling to be constructed or placed within the City of Ferndale with alternative development standards substituted for those herein above set forth, or to exempt such a dwelling from the strict application of such development standards, upon showing of good cause. Application for such substitution of, or exemption from, development standards shall July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 46 _______________________________________________________________ be made to the Planning Commission and any appeal of the decision of the Planning Commission may be taken in accordance with the provisions of Section XIArticle 11, Appeals.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 47 _______________________________________________________________ §5.04§5.03 Residential Two-Family or R2 Zone. The Residential Two-Family or R2 Zone is intended to be applied in areas of the City suitable for a variety of low, medium, and high density residential development consistent with the Residential Medium Density (R2) land use designation of the Ferndale General Plan. close to urban centers where all utilities and services are available and where housing demand justifies a density of two families on each building site. The following regulations shall apply in all Residential Two-Family or R2 Zones:
5.04.15.03.1 Principal permitted uses:
a. Single family dwellings.
b. Two-family dwellings.
c. Vacation rentals.
d. Boarding of not more than two (2) persons not employed on the premises. e. Keeping no more than four (4) household pets for each dwelling unit. f. Multiple Dwellings and Dwelling Groups.
g. Small employee housing.
5.04.25.03.2 Uses permitted with a Use Permit:
a. Guest houses and servants’ quarters.
b. Private institutions.
c. Bed and breakfast inns.
5.04.35.03.3 Other Regulations:
a. Minimum lot area: 6,000 5,000 square feet.
b. Minimum lot width: 60 50 feet.
c. Maximum lot depth: 3 times lot width.
d. Maximum ground coverage: 40%45%.
e. Minimum yards: front, 20 ft; rear, 15 feet; side, 10% of lot width on each side except that no side yard may be less than 5 ft, or need be more than 12 ft. f. Maximum building height: 35 feet.
g. Dwelling units per acre: One (1) to eighteen (18) units. All density calculations resulting in fractional units shall be rounded up to the next whole number. i. Accessory dwellings units and junior accessory dwelling units do not exceed the allowable density of the lot.
5.04.45.03.4 Development criteria: Any two-family home constructed or placed within the City of Ferndale in accordance with these provisions shall a. Have a minimum width of 20 feet, and
b. Have a minimum twelve (12) inch roof overhang on all sides, and c. Have an exterior siding composed of one or more of the following materials:
i. Plywood exterior paneling.
ii. Masonry or concrete.
iii. Stucco.
iv. Any wood product including shingles, shakes, horizontal overlapping board or pressboard siding or any material of wood-like appearance in widths of twelve (12) inches or less, and
d. Have exterior siding that shall extend to the ground, except that when a solid concrete masonry foundation is used, the exterior covering material need not extend below the top of the foundation, and
e. Have a roof composed of one or more of the following materials:
i. Interlocking roof tiles.
ii. Composition shingles.
iii. Wood.
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CITY COUNCIL MEETING
_______________________________________________________________ 48 _______________________________________________________________ iv. Wood asbestos cement or slate shingles.
f. The Planning Commission may allow a single-family dwelling to be constructed or placed within the City of Ferndale with alternative development standards substituted for those herein above set forth, or to exempt such a dwelling from the strict application of such development standards, upon showing of good cause. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission and any appeal of the decision of the Planning Commission may be taken in accordance with the provisions of Section XIArticle 11, Appeals.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 49 _______________________________________________________________ §5.05§5.04 Residential Multiple-Family or R3 Zone. The Residential Multiple Family or R3 Zone is intended to be applied in to areas of the City suitable for a variety of low, medium, and high density residential development consistent with the Residential High Density (R3) land use designation of the Ferndale General Planwhere it is reasonable to permit and protect lowdensity Apartment developments. The following regulations shall apply in all Residential Multiple Family or R3 Zones:
5.05.15.04.1 Principal permitted uses:
a. Single family dwellings.
b. Dwelling gGroups and mMultiple dDwellings for not more than four (4) families.
c. Keeping no more than two (2) household pets for each dwelling unit. d. Bed and breakfast inns.
e. Small employee housing.
5.05.25.04.2 Uses permitted with a Use Permit:
a. Hotels, motels, mobile home parks and boarding houses. b. Private institutions.
c. Professional offices.
5.05.35.04.3 Other regulations:
a. Minimum lot area: 6,000 5,000 square feet, but not less than 600 square feet for each dwelling unit.
b. Minimum lot width: 60 50 feet.
c. Maximum lot depth: 3 times lot width.
d. Maximum ground coverage: 60%.
e. Minimum yards: front, 20 feet; rear, 10 feet; side, 5 feet. f. Special yards for dwelling groups: The distance between separate buildings of a dwelling group shall not be less than 10 feet. The distance between the front of any dwelling unit in the group and any other building shall be not less than 20 feet.
f.g. Residential transitions for dwelling groups: The distance between the front of any dwelling unit in the group sharing a and any side lot line with a single family home in a R1 zone shall be increased by 2 feet for each 2 feet that any building on the lot exceeds 2 stories.
g.h. Maximum building height: 45 feet.
i. Dwelling units per acre: One (1) to twenty-seven (27) units. All density calculations resulting in fractional units shall be rounded up to the next whole number.
i. Accessory dwellings units and junior accessory dwelling units do not exceed the allowable density of the lot.
5.05.45.04.4 Development criteria: Any multiple-family home constructed or placed within the City of Ferndale in accordance with these provisions shall a. Have a minimum width of 20 feet, and
b. Have a minimum twelve (12) inch roof overhang on all sides, and c. Have an exterior siding composed of one or more of the following materials:
i. Plywood exterior paneling.
ii. Masonry or concrete.
iii. Stucco.
iv. Any wood product including shingles, shakes, horizontal overlapping board or pressboard siding or any material of wood-like appearance in widths of twelve (12) inches or less, and
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 50 _______________________________________________________________ d. Have exterior siding that shall extend to the ground, except that when a solid concrete masonry foundation is used, the exterior covering material need not extend below the top of the foundation, and
e. Have a roof composed of one or more of the following materials:
i. Interlocking roof tiles.
ii. Composition shingles.
iii. Wood.
iv. Wood asbestos cement or slate shingles.
f. The Planning Commission may allow a multiple-family dwelling to be constructed or placed within the City of Ferndale with alternative development standards substituted for those herein above set forth, or to exempt such a dwelling from the strict application of such development standards, upon showing of good cause. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission and any appeal of the decision of the Planning Commission may be taken in accordance with the provisions of Section XIArticle 11, Appeals.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 51 _______________________________________________________________ §5.06 Apartment-Professional or R4 Zone. The Apartment-Professional or R4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment-Professional or R4 Zones:
5.05.5 Principal permitted uses:
a. Single family dwellings.
b. Professional and business offices.
c. Commercial instruction.
d. Boarding houses.
e. Keeping no more than two (2) household pets for each dwelling unit. f. Hotels and motels, bed and breakfast inns.
g. Vacation rentals.
h. Art galleries.
5.05.6 Uses permitted with a Use Permit:
a. Mobile home parks.
b. Private institutions.
c. Social halls, fraternal and social organizations.
d. Noncommercial recreation facilities.
e. Mortuaries.
f. Small animal hospitals completely enclosed within a building.
5.05.7 Other Regulations
a. Minimum lot area: 6,000 square feet, but not less than 600 square feet for each dwelling unit.
b. Minimum lot width: 60 feet.
c. Maximum lot depth: 3 times lot width.
d. Maximum ground coverage: 60%.
e. Minimum yards: front, 20 feet; rear, 10 feet; side, 5 feet. f. Special yards for dwelling groups: The distance between separate buildings of a dwelling group shall not be less than 10 feet. The distance between the front of any dwelling unit in the group and any other building shall be not less than 20 feet. The distance between the front of any dwelling unit in the group and any side lot line shall be increased by 2 feet for each 2 feet that any building on the lot exceeds 2 stories.
g. Maximum building height: 45 feet.
5.05.8 Development criteria: Any R-4 Zone building constructed or placed within the City of Ferndale in accordance with these provisions shall
a. Have a minimum width of 20 feet, and
b. Have a minimum twelve (12) inch roof overhang on all sides, and c. Have an exterior siding composed of one or more of the following materials:
i. Plywood exterior paneling.
ii. Masonry or concrete.
iii. Stucco.
iv. Any wood product including shingles, shakes, horizontal overlapping board or pressboard siding or any material of wood-like appearance in widths of twelve (12) inches or less, and
d. Have exterior siding that shall extend to the ground, except that when a solid concrete masonry foundation is used, the exterior covering material need not extend below the top of the foundation, and
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CITY COUNCIL MEETING
_______________________________________________________________ 52 _______________________________________________________________ e. Have a roof composed of one or more of the following materials:
i. Interlocking roof tiles.
ii. Composition shingles.
iii. Wood.
iv. Wood asbestos cement or slate shingles.
f. The Planning Commission may allow an R-4 Zone building to be constructed or placed within the City of Ferndale with alternative development standards substituted for those herein above set forth, or to exempt such a dwelling from the strict application of such development standards, upon showing of good cause. Application for such substitution of, or exemption from, development standards shall be made to the Planning Commission may be taken in accordance with the provisions of Section XI, Appeals.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 53 _______________________________________________________________ §5.06§5.05 Neighborhood Commercial or C1 Zone. The Neighborhood Commercial or C1 Zone is intended to provide for neighborhood shopping centers which provide convenient sales and service facilities to residential areas, detracting from the residential desirability of such areas.
The following regulations apply in all Neighborhood Commercial or C1 Zones.
5.06.15.05.1 Principal permitted uses:
a. Social halls, fraternal and social organizations and clubs, plant nurseries and greenhouses.
b. Professional and business offices and commercial instruction. c. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as: antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, book stores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning laundry agencies, drug stores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores and mortuaries, nurseries and greenhouses.
d. Sales of used and secondhand goods when appurtenant to any of the foregoing.
e. Vacation Rentals in conjunction with a dwelling use permit. f. Dwellings, small employee housing, and Multiple Dwellings and Dwelling Groups above the first floor.
5.06.25.05.2 Uses permitted with a Use Permit
a. Dwellings, small employee housing, Multiple Dwellings and Dwelling Groups on the first floor.
a.b. hHotels, motels, boarding houses and mobile home parks. b.c. Small animal hospitals, completely enclosed within a building. c.d. Stores, agencies and services such as: minor automobile repair, new automobile, trailer and boat sales, and used automobile, trailer and boat sales when appurtenant thereto, bowling alleys, licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, storage warehouses.
5.06.35.05.3 Other Regulations:
a. Minimum lot area: 2,000 square feet.
b. Minimum lot width: 25 feet.
c. Minimum yards: front, none, except where frontage is in a block which is partially in an “R” Zone, the front yard shall be the same as that required in such “R” Zone; rear, 15 feet, except where a rear yard abuts on an alley, such rear yard may be not less than 5 feet; side, none, except that a side yard of an interior lot abutting on an “R” Zone shall be not less than the front yard required in such “R” Zone.
d. Maximum building height: 35 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 54 _______________________________________________________________ §5.07§5.06 Community Commercial or C2 Zone. The Community Commercial or C2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C2 Zones:
5.07.15.06.1 Principal permitted uses:
a. Social halls, fraternal and social organizations and clubs, plant nurseries and greenhouses.
b. Professional and business offices and commercial instruction. c. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as: antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, book stores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning laundry agencies, drug stores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores and mortuaries, nurseries and greenhouses.
d. Sales of used and secondhand goods when appurtenant to any of the foregoing.
e. Dwellings, small employee housing, Multiple Dwellings and Dwelling Groups, hotels, motels, vacation rentals, boarding houses and mobile home parks. f. Small animal hospitals, completely enclosed within a building. g. Stores, agencies and services such as: minor automobile repair, new automobile, trailer and boat sales, and used automobile, trailer and boat sales when appurtenant thereto, bowling alleys, licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, storage warehouses.
5.07.25.06.2 Uses permitted with a Use Permit:
a. Stores, agencies & services such as: carpentry and cabinetry & cabinet-making shops, clothing manufacturers, contractors’ yards, dry cleaning & laundry plants, handicraft manufacture, lumber yards, metal-working shops, wholesale outlet stores, painters’ & decorators’ yards, plumbing shops, printing & lithographing.
5.07.35.06.3 Other regulations:
a. Minimum lot area: 2,000 square feet.
b. Minimum lot width: 25 feet.
c. Minimum yards: front, none, except where frontage is in a block which is partially in an “R” Zone, the front yard shall be the same as that required in such “R” Zone; rear, 15 feet, except where a rear yard abuts on an alley, such rear yard may be not less than 5 feet; side, none, except that a side yard of an interior lot abutting on an “R” Zone shall be not less than the front yard required in such “R” Zone.
d. Maximum building height: 45 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 55 _______________________________________________________________ §5.09 Agriculture Services Commercial or CAG Zone is intended to serve the agricultural community by providing an opportunity for a business whose principal activity includes the service and selling of goods directly related to farming, dairying, pasturage, horticulture and animal and poultry husbandry in a manner consistent with the City’s General Plan Goals and Policies.
5.07.4 Principal permitted uses:
a. General Agricultural uses, such as grazing and pasturage, in keeping with Zoning Ordinance Section 7.04 while no conditional permitted use occurs on the property.
5.07.5 Uses permitted with a Use Permit:
a. Agricultural service-related business as defined in Section 3.07. b. Other incidental and/or appurtenant uses as described herein and found by the Planning Commission to be consistent and not conflicting with the primary use of the property. Small and/or related activities other than the uses specified under “Agricultural Service Related Business,” which are available or are conducted on the site during the same hours of the principle activity and all of which occupy less than 25 percent of the total retail floor area. Such activities shall be related to or not conflict with the principle activity. Such activities can include: home supplies; small-scale plant nurseries and landscape supplies; home improvement supplies and books; canning and kitchen supplies; work clothes; pruning or composting workshops; deli (not exceeding 200 s.f.); gift items and handcrafted items.
5.07.6 Other regulations
a. Minimum lot area: four (4) acres.
b. Minimum lot width: 100 feet.
c. Minimum yards: front, none, except that where frontage is in a block which is partially in an R zone, the front yard shall be the same as required in such R Zone; rear, same as the rear setback requirement of the zone on either side of the property; side, 25 feet. Structures shall not be less than 25 feet from any dwelling on adjacent property.
d. Maximum building height: 35 feet.
e. Outdoor storage is allowed when related to a primary use. Outdoor storage areas (including area designated for trash containers) adjacent to R zones or adjacent residences shall be screened by walls, fences or adequate plantings to a height of not less than 6’.
f. Grain and animal food is to be kept in rodent-proof containers. g. No unattended animals are to be left outside the buildings after business hours.
h. Outdoor lighting, except for security purposes, shall not occur before 7:30 a.m. nor after business hours. Security lighting shall be directed downward and shielded so as not to illuminate adjacent residences. i.e. No outdoor loudspeakers or radios are allowed when property is located adjacent to residences and any “R” Zone.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 56 _______________________________________________________________ §5.08§5.07 Highway Service Commercial or CH Zone. The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all Highway Service Commercial or CH Zones:
5.08.15.07.1 Principal permitted uses (This section was amended by Ordinance 2013-02 on December 7, 2013):
a. Restaurants and appurtenant services.
b. Hotels, motels and mobile home parts.
c. Automobile service stations.
d. Nurseries and greenhouses, retail fruit and vegetable stands. e. Amusement parks and commercial recreational facilities. f. Outdoor advertising signs and structures which identify the use or pertain directly to the service or product offered on the site.
5.08.25.07.2 Uses permitted with a Use Permit
a. Small animal hospitals and kennels.
b. Trailer camps.
c. Dwellings and, boarding houses, small employee housing, Multiple Dwellings and Dwelling Groups.
5.08.35.07.3 Other uses which the Planning Commission finds are similar to the principal permitted uses.
5.08.45.07.4 Other regulations
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
c. Minimum yards: front, 15 feet; rear, none, except where a rear yard abuts on an R Zone, such rear yard shall be not less than 20 feet; side, none, except where a side yard abuts on an R Zone, such side yard shall be not less than 15 feet, provided further, that such side yard of a motel shall be not less than 6 feet.
d. Maximum building height: 45 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 57 _______________________________________________________________ §5.09§5.08 Limited Industrial or ML Zone. The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the non-nuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones:
5.09.15.08.1 Principal permitted uses:
a. Stores, agencies and services such as: carpentry and cabinetry and cabinetmaking shops, clothing manufacturers, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metal-working shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing and lithographing.
b. Administrative, business and professional offices.
c. Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, research and development laboratories.
5.09.25.08.2 Uses permitted with a Use Permit
a. Dwellings, small employee housing, Multiple Dwellings and Dwelling Groups, hotels, motels and mobile home parks.
b. Animal hospitals and kennels.
c. Animal feed and sales yards.
d. Manufacture of furniture, finished paper and paper products.
5.09.35.08.3 Other regulations:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
c. Minimum yards: front, 15 feet; rear, none, except where a rear yard abuts on an R Zone, such rear yard shall be not less than 20 feet; side, none, except where a side yard abuts on an R Zone, such side yard shall be not less than 15 feet, provided further, that such side yard of a motel shall be not less than 6 feet.
d. Maximum building height: 50 feet.
e. Special regulations: All manufacturing and fabricating areas shall be enclosed in buildings. All equipment and materials storage areas adjacent to R Zones shall be screened by walls, fences or adequate plantings to a height of not less than 6 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 58 _______________________________________________________________ §5.10§5.09 Heavy Industrial or M-H Zone. The Heavy Industrial or M-H Zone is intended to apply to areas devoted to normal operations of industries, subject only to such regulations as needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial
5.10.15.09.1 Principal permitted uses:
a. Stores, agencies and services such as: carpentry and cabinetry and cabinetmaking shops, clothing manufacturers, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metal-working shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing and lithographing.
b. Administrative, business and professional offices.
c. Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, research and development laboratories. d. Dwellings, hotels, motels and mobile home parks.
e. Animal hospitals and kennels.
f. Animal feed and sales yards.
g. Manufacture of furniture, finished paper and paper products. h. Industrial manufacturing uses, except as provided in 5.12.2.
5.10.25.09.2 Uses permitted with a Use Permit:
a. Dwellings, small employee housing, Multiple Dwellings and Dwelling Groups, hotels, motels and mobile home parks.
b. Hog farms, turkey farms, frog farms and fur farms.
c. Animal products processing plants.
d. Cemeteries.
e. Amusement parks and commercial amusement enterprises. f. Junk yards and garbage dumps.
g. Smelting or reduction of metallic ores.
h. Trailer camps, labor camps and labor supply camps.
i. Bag cleaning and rag works.
j. Manufacturing, refining and storage by manufacturers or wholesalers of petroleum or petroleum products, acids, cement, explosives, fireworks, gas, glue, gypsum and inflammable fluids or gases.
k. Drilling for oil or gas, or commercial excavation of sand, rock, gravel or other natural materials.
l. Manufacture of concrete, pottery or asphalted paving products.
5.10.35.09.3 Other regulations:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
c. Minimum yards: front, 15 feet; rear, none, except where a rear yard abuts on an R Zone, such rear yard shall be not less than 20 feet; side, none, except where a side yard abuts on an R Zone, such side yard shall be not less than 15 feet, provided further, that such side yard of a motel shall be not less than 6 feet.
d. Maximum building height: 50 feet.
e. Special regulations: All manufacturing and fabricating areas shall be enclosed in buildings. All equipment and materials storage areas adjacent to R Zones shall be screened by walls, fences or adequate plantings to a height of not less than 6 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 59 _______________________________________________________________ §5.11§5.10 Floodway or FW Zone. The Floodway or FW Zone is intended to be applied to lands which lie within stream or tidal channels and to adjacent areas which are periodically inundated, or which will be inundated by a “Design Flood.” The “Design Flood” shall be specifically defined for each particular FW Zone upon the Zone Map. The regulations set forth in this section are intended to provide for the reasonably unrestricted passage of a “Design Flood” and to provide reasonable measures for the protection of life and property in floodway areas.
5.11.15.10.1 Principal permitted uses:
a. General agriculture, but not including building or structures b. Recreational uses on open land, including public or private parks and golf courses.
5.11.25.10.2 Uses permitted with a Use Permit:
a. Boat docks and launching facilities.
b. Water, sewer, roadway, bridge and other such facilities necessary for public health and safety.
c. Minor or temporary structures incidental to agricultural or recreational uses which will not impede flood flow and are of flood-proof design. d. Excavation of natural materials or construction of earthworks or water flow control devices.
5.11.35.10.3 Other regulations:
a. None, except conditions in use permits.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 60 _______________________________________________________________ §5.12§5.11 Flood Plain or FP Zone. The Flood Plain or FP Zone is intended to be applied to areas other than floodway areas which have been inundated by overflow flood waters in the past and which may reasonably be expected to be inundated by such flood waters in the future.
The Flood Plain Zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones:
5.12.15.11.1 Principal permitted uses:
a. General agriculture, nurseries and greenhouses, and animal sales and feed yards, except as provided in 5.14.2.
b. Trailer camps and mobile home parks.
c. Roadside stands.
d. Recreational uses, including public stables, docks, boathouses, golf courses and shooting ranges.
5.12.25.11.2 Uses permitted with a Use Permit:
a. Residential uses, including farm dwellings, and small and large employee housing.
b. Commercial and industrial uses which, in the opinion of the Planning Commission, are compatible with contiguous zones.
c. Recreational uses requiring enclosed buildings.
5.12.35.11.3 Other regulations:
a. Minimum lot area: five (5) acres.
b. Minimum lot width: 300 feet.
c. Minimum yards: front and rear, 20 feet; side, 10 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 61 _______________________________________________________________ §5.13§5.12 Planned Development or PD Zone. The Planned Development or PD Zone is intended to apply to parcels of undeveloped land which are suitable for, and of sufficient size to contain, a completely planned development. The following regulations shall apply in all Planned Development or PD Zones:
5.13.15.12.1 Principal permitted uses:
a. Any use or combination of uses which are so arranged or designed as to result in an overall development in conformity with the standards, intents and purposes of the General Plan of the City may be permitted with a use permit.
5.13.25.12.2 Uses permitted with a Use Permit: Applications for use permits for the development of land in Planned Development Zones shall be accompanied by a plan of the development. Such plan shall include a map or maps and such written material as may be required to show
a. Topography of the land and contour intervals, and
b. Proposed access, traffic and pedestrian ways, and
c. Lot design and easements, and
d. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses, and e. Areas proposed for commercial uses, off-street parking, multiple and singlefamily dwellings, and all other uses proposed to be established within the zone, and
f. Proposed location of buildings on the land, including all dimensions necessary to indicate size of structure, setback and yard areas, and g. Proposed landscaping, fencing and screening, and
h. Such other detailed elevations, plans and other information as may be required by the Planning Commission to enable it to evaluate adequately the proposed development.
5.13.35.12.3 Other Regulations:
a. All uses shall conform to the height, area, width, depth, ground coverage and yard regulations normally required for such uses, except where the over-all development will be improved by a deviation from such regulations. In all cases each structure shall conform to the precise development plan, which shall be made a part of the approved use permit.
b. Planned Development Zones shall be delineated on the Zoning Map by the PD designation followed by consecutive numbers to indicate the consecutive order to establishment of each such zone, and the approved plans and use permits shall constitute supplemental regulations for such zones. c. Use permits may specify development completion dates and provide for reversion to prior Zoning classification.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 62 _______________________________________________________________ §5.14§5.13 Agriculture-Exclusive or AE Zone. The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture-Exclusive or AE Zones:
5.14.15.13.1 Principal permitted uses:
a. All general agricultural uses, except those specified in 5.16.2. b. Farm dwellings, nurseries, greenhouses and roadside stands. c. Vacation rentals.
e. Small employee housing.
f. Large employee housing, including employee housing meeting the requirements, as determined by the City Manager or their designee, set forth in California Health and Safety Code Section 17021.8, as may be amended.
Review of determinations that employee housing meets the requirements set forth in Health and Safety Code section 17021.8 shall be processed and considered by the planning commission in accordance with Health and Safety Code Section 17021.8(c).
5.14.25.13.2 Uses permitted with a Use Permit:
a. Hog farms, turkey farms, frog farms and fur farms.
b. Animal feed yards and sales yards.
c. Agricultural and timber products processing plants.
d. Rental and sales of irrigation equipment and storage incidental thereto. e. Animal hospitals.
f. Agricultural and farm labor camps.
g.f. Bed and breakfast inns.
5.14.35.13.3 Other regulations:
a. No subdivisions or residential developments, whether by official map, record or survey or recorded subdivision, shall be permitted in Agriculture-Exclusive or AE Zones.
b. Minimum lot area: 4 acres.
c. Minimum lot widths: 100 feet.
d. Maximum ground coverage: 35%.
e. Minimum yards: front, 30 feet; rear, 20 feet; side, 10% of the lot width on each side, but not more than 20 feet shall be required. f. Farm outbuildings shall not be less than 20 feet from any dwelling unit on the premises.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 63 _______________________________________________________________ §5.15§5.14 Public Facility or PF Zone. The Public Facility or PF Zone is intended to be applied to lands owned by public agencies or to lands upon which such agencies operate public facilities.
5.15.15.14.1 Principal permitted uses:
a. Public schools, parks, playgrounds and recreational facilities. b. Public fairgrounds and related uses.
i. Public buildings, including City Hall, fire stations, libraries, courts, museums, auditoriums, hospitals, and similar uses.
5.15.25.14.2 Uses permitted with a Use Permit:
a. Penal, correctional or detention institutions and facilities for the care of mental patients.
b. Public corporation yards, shops, repair and storage yards and buildings.
5.15.35.14.3 Other regulations:
a. None, except as provided in use permit conditions.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 64 _______________________________________________________________ ARTICLE 6: REGULATIONS FOR THE COMBINING ZONES
§6.01 The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the Combined Zone, except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. §6.02 Agricultural Combining or -A Zone
The Agricultural Combining or -A Zone is intended to be combined with principal R Zones in areas where average lot areas are sufficient to permit agricultural uses, including the keeping of livestock, in conformity with established usage and without creating nuisances or adverse health conditions. The following regulations shall apply in any zone which is combined with an Agricultural Combining or -A Zone:
6.02.1 Principal permitted uses:
b. Crop and tree farming, truck gathering.
c. Nurseries and greenhouses.
d. Large livestock farming subject to the following limitations:
i. 1 horse, cow or similar large animal per ½ acre.
ii. 5 sheep, goats or similar size animal per ½ acre
e. Small livestock ranching, including rabbits, chickens, and small commercial fur animals, subject to the following limitations:
i. 200 animals per ½ acre
e. Small employee housing.
f. Large employee housing, including employee housing meeting the requirements, as determined by the City Manager or their designee, set forth in California Health and Safety Code Section 17021.8, as may be amended.
Review of determinations that employee housing meets the requirements set forth in Health and Safety Code section 17021.8 shall be processed and considered by the planning commission in accordance with Health and Safety Code Section 17021.8(c).
6.02.2 Uses permitted with a Use Permit:
a. Animal hospitals and kennels.
b. Retail sales of agricultural products on premises.
c. Raising of animal’s other than those listed above in this section.
6.02.3 Other regulations:
a. Barns, corrals, pens and other structures for the keeping or housing of livestock shall be located not less than 50 feet from any residence and 20 feet from any lot line.
b. No large livestock shall be butchered on the premises except for noncommercial use.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 65 _______________________________________________________________ §6.03 Special Building Site Combining or -B Zone
The Special Building Site Combining or -B Zone and sub-zones there under are intended to be combined with any principal zone in which sound and orderly planning indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or -B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone:
Combining
Designation
Building Site
Area
Front Yard Side Yard Rear Yard
B-1 8,000 sq. ft. 25 ft. 10% of lot width, minimum of 8 ft. 10 ft.
B-2 10,000 sq. ft. 25 ft. 10% of lot width, minimum of 10 ft. 10 ft.
B-3 20,000 sq. ft. 30 ft. 10% of lot width, minimum of 15 ft. 15 ft.
B-4 One (1) acre 30 ft. 10% of lot width, minimum of 20 ft. 20 ft.
B-5 As specified on the zoning map designating any such zone, except that in no case shall these requirements be less than those required under the B-4 requirements.
B-6 Building site area as shown on a final subdivision map of record. Front, side and rear yards to be not less than B-4 requirements unless otherwise indicated on the said final map.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 66 _______________________________________________________________ §6.04 Recreation Combining or –X Zone
The Recreation Combining or –X Zone is intended to be combined with any principal zone in which the addition of recreational uses will not be detrimental to the uses of the principal zone or of contiguous zones. The following regulations shall apply in any zone which is combined with a Recreation Combining or –X Zone:
6.04.01 Principal permitted uses:
a. Public and private noncommercial recreation facilities. b. Genera1l agriculture and roadside stands.
c. Dwellings and offices incidental to any permitted use, small and large employee housing, but not including agricultural or farm labor camps. d. Trailer camps and mobile home parks.
e. Public campgrounds.
6.04.02 Uses permitted with a Use Permit:
a. Uses permitted with a use permit
b. Commercial recreation facilities.
c. Commercial uses compatible with recreational uses which, in the opinion of the Planning Commission, will not impair present and potential uses of the area.
6.04.3 Other regulations:
a. Minimum lot area: five (5) acres.
b. Minimum lot width: 300 feet.
c. Minimum yards: front, rear and side: 50 feet.
d. Maximum building height: 30 feet.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 67 _______________________________________________________________ §6.05 Design Control Combining or -D Zone
The Design Control Combining or -D Zone is intended to be combined with any principal zone in which the appearance and design of buildings and structures form a substantial contribution to the desirability of the zone for the uses permitted therein, and in which it is desired to protect the over-all Historical appearance of the zone by regulating the design of proposed buildings and structures in the zone. The following regulations shall apply in any zone with which a Design Control Combining or –D Zone is combined, or as specified in Ordinance 2013-02 Sign Ordinance:
6.05.1 The procedures and authority for Design Review are established by this section to achieve the following purposes and objectives:
a. To ensure that new buildings and structures and/or the modification, alteration and/or enlargement of existing buildings or structures occurs in a manner which is consistent with the policies of the general plan; b. To preserve the natural beauty of the town’s site and setting; c. To ensure that the architectural design of buildings and structures and their materials and colors are visually harmonious with and are conceptually consistent in character and scale with surrounding area; and d. To ensure that the design and location of signs and their material and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and to ensure that signs are visually harmonious with surrounding development.
6.05.2 Before any sign, structure or building may be erected, structurally altered, or in any way remodeled or improved so as to change the outward appearance of the sign, structure or building, a Design Review Permit shall be obtained unless exempted by Ordinance 2013-02.
6.05.3 All applications for permits as required by this ordinance shall be in writing, upon a form prescribed and furnished by the City, and filed in the office of the City Clerk. The application shall contain the name and address of the applicant; the name and address of the owner of the land; a description of the property involved; the street address; the reasons for filing the application; a description of the project to be undertaken; and other information as required by the City Manager or their designee to evaluate the application. Any application required by this Ordinance shall be accompanied by copies, in a quantity as required by the City Clerk, of site plans, diagrams, photographs, materials, or other presentation material as may be necessary for complete review and consideration of the proposed development.
6.05.4 Design Review Permits shall be subject to the following procedures:
a. The planning commission shall act on design review applications and follow the procedures in this section.
b. In the initial application, an applicant may request either conceptual design review or final design review under the provisions of this Ordinance.
1. Conceptual Design Review. The purpose of conceptual design review is to provide the applicant with the planning commission’s tentative reaction to the general design concept of a proposed project. Such review shall not include a formal decision on the application by the planning commission.
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2. Final Design Review. Final design review by the planning commission is for the purpose of rendering a final decision on the application. At the conclusion of final design review, the planning commission may impose such conditions that are reasonable and necessary to carry out the purposes of this chapter and may, in addition, require such public improvements as are deemed necessary for the promotion of the public health, safety, and welfare.
c. A notice of the time and place of consideration of design review applications, including a general explanation of the matter to be considered and a general description of the area affected, shall be posted at least 10 calendar days before the hearing at City Hall. ed. The decision-making authority shall make appropriate findings of fact in support of each final design review decision, including, but not limited to, findings regarding each of the following matters:
1. Compliance of the project with the California Environmental Quality Act;
2. The consistency of the project design with the Ferndale general plan and zoning ordinance; and
3. Consistency of the project with policies set forth in this Section 6.05. fe. The decision-making authority may not base any final decision solely upon consideration of the following matters:
1. Design details such as the color, shape, volume, texture, or construction materials to be used on a project, except where such details are of a magnitude that will significantly affect the overall appearance of the project or the compatibility of the project with its surroundings or where such details are inconsistent with adopted design review policies, if any; or
2. The interior design of a fully enclosed building.
gf. Actions of the planning commission are appealable to the city council in accordance with Article 11 of the Zoning ordinance.
6.05.4 Emergency / minor / routine repairs in Design Control Combining Zone. a. Any of said repairs as defined in Sections 3.29 and 3.48 having value of less than $5,000.00 requires no Design Review Permit.
6.05.5 Time Limits:
a. Applicants for projects that do not require a building permit shall have six months after the date of Design Review Permit issuance to complete the project.
b. Applicants for projects that do require a building permit shall be subject to the conditions and time limits of the building permit. If a building permit is not obtained within six (6) months of Design Review Permit issuance, the Design Review Permit shall be revoked by operation of law.
c. City staff may grant a one-time Design Review Permit extension of 6 months upon applicant’s request, provided that the request is submitted prior to the expiration of the Design Review Permit.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 69 _______________________________________________________________ §6.06 QUALIFIED COMBINING OR –Q ZONE.
The Qualified Combining or -Q Zone is intended to be combined with any principal commercial zone in which residential uses constitute the predominant use of land in such zone, and in which it is desired to protect the general peace, safety, comfort, health and welfare of persons residing in such areas from impacts which may result from the introduction of new commercial uses, by regulating those uses allowed in the underlying principal zone, either as a principal permitted use or a use requiring a use permit, to those certain uses which the Planning Commission finds are compatible with the maintenance of a healthful residential living environment and the residential character of the area.
6.06.01 Principal permitted uses:
a. Single-family dwellings.
b. Boarding of not more than two persons not employed on the premises. c. Small employee housing.
6.06.02 Uses permitted with a Use Permit:
a. Two-family dwellings.
b. Dwelling groups and multiple dwellings for not more than four (4) families. c. Professional and business offices.
d. Commercial instruction.
e. Private institutions.
f. Bed and breakfast inns.
g. Boarding houses.
h. Outpatient small-animal clinics.
i. Mortuaries.
j. Plant nurseries.
k. Stores and services of a light commercial character, conducted entirely within an enclosed building, and limited to the following uses:
ii. Antique shops.
iii. Art galleries.
iv. Barber shops and beauty salons.
v. Book stores.
vi. Florist shops.
vii. Restaurants and licensed premises appurtenant thereto. viii. Small-scale retail shops.
ix. Studios.
x. Tailor and dressmaking shops.
xi. Wholesale food preparation and catering.
xii. Sales of used and second-hand goods when appurtenant to any of the foregoing.
l. Other uses as approved by the Planning Commission, provided such additional uses are specifically enumerated as a permitted use of land in the regulations for the underlying principal zone, and the Planning Commission finds that such use is both similar to, and compatible with, the Principal Permitted Uses and Uses Permitted with a Use Permit specified in subsections 6.06.1 and
6.06.2. 6.06.3 Other Regulations
f. Minimum lot area, width, maximum lot depth, and maximum building height shall be the same as those required in the underlying principal zone.
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CITY COUNCIL MEETING
_______________________________________________________________ 70 _______________________________________________________________ g. Off-street parking and loading facilities shall conform to Section 7.16 of the Zoning Ordinance.
h. The use of land and buildings existing upon the effective date of these regulations, where said uses are in conformance with the uses and regulations specified for the underlying principal zone but are not in conformance with the uses and regulations set forth hereinabove, shall be permitted to be continued and maintained without becoming subject to the provisions of Article XII of the Zoning Ordinance, “Non-Conforming Buildings and Uses.” Expansion of such pre-existing use subject to exemption under this section may be granted by the Planning Commission through the issuance of a Use Permit, provided such expansion is found to be consistent with the purpose of the –Q Zone.
i. All other applicable City Ordinances.
(Begin section added by Ordinance 2012-01 1/5/12)
Housing Combining Zone or –H Zone. The –H Zone is intended to cover the existing duplex units on a portion of the Ferndale Housing Project site located on Fairview Drive and Trident Lane.
This combining zone principally permits the existing duplex units. (End section added by Ordinance 2012-01 1/5/12.)
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 71 _______________________________________________________________ ARTICLE 7: GENERAL PROVISIONS AND EXCEPTIONS
…
§7.09 Guest Houses: Guest houses are herein defined as a detached living quarter of permanent construction, without a kitchen, which is clearly subordinate and incidental to the use of the main building, on the same lot. Guest houses shall not be let, leased or rented, in whole or in part, independently of the main building.
…
§7.24 Sidewalks: (This Entire Section added April 19, 2019 by Ordinance 2019-01)
7.24.1 Maintenance and Repair of Existing Sidewalks is the Responsibility of the Property Owner. a. To avoid trip and fall accidents, hazardous sections of sidewalks shall be repaired or replaced promptly.
b. An encroachment permit from the City is required before repair work can begin. c. Repaired or replaced sections of sidewalk shall match the form, texture and color of the original sidewalk on the block to the satisfaction of the City Engineer. d. Width of repaired sidewalk shall match existing sidewalk width. e. Replacement driveway and corner cuts shall use ADA standard
7.25.2 7.24.2 New Construction.
a. Comply with City Standards (7.234.3) and current ADA requirements.
7.24.3 Design Standards.
a. All new sections of sidewalks shall match the form, texture and color of the original sidewalk on the block to the satisfaction of the City Engineer. To match historic sidewalks:
i. Concrete shall be tinted at a ratio of 2 to 3 lbs. lamp per cubic yard of 3/8”- 6-sack concrete.
ii. Finishing work shall include an exposed aggregate surface, not a broom finish. iii. Stress relief lines shall match the pattern of the existing sidewalk. In the absence of an adjoining sidewalk, the default pattern will be 2’-6” squares. …
§7.27 Yards. The minimum yard requirements set out in Articles V and VI shall be subject to the regulations of this Section:
7.27.1 Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of 2 ½ feet into such yards. Uncovered porches or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards
7.27.2 Detached accessory buildings shall not be located within five (5) feet of any main building nor within five (5) feet of a side line on the front ½ of the lot. Detached accessory buildings shall not be located nor constructed so that any part, including cornices and eaves, are closer than one (1) foot of a side line or rear line of the lot when located on the rear one-half of the lot.
Detached accessory buildings used as a guest house shall not be located within five (5) feet of lot lines, nor within five (5) feet of an alley. Accessory buildings attached to the main buildings shall be structurally a part and shall comply with the main building yard requirements July 16, 2025
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7.27.3 In any R Zone, where more than one-half of the block is occupied with buildings, the required front yard shall be the average of those of the improved sites, to a maximum of that required for the zone
7.27.4 If any building is so located on a lot that the front or rear faces any side lot line, it shall be at least 10 feet from such side lot line.
7.27.5 Any dwelling located in a C or M Zone, except a dwelling over a commercial establishment, shall provide side and rear yards as required in R-3 Zones
7.27.6 The side yard of a corner lot shall be equal to the front yard of its key lot if any part of the main building on the corner lot is within 25 feet of the rear lot line, and shall be equal to onehalf of the front yard of such key lot if all parts of the main building are more than 25 feet from the rear lot line.
7.27.7 (This section added by Ord. 07-01 on 2/12/07) On lots that include a right of way (street, sidewalk, or other), the setback is measured from the right of way. (End of section added by Ordinance 07-01 on 2/12/07)
7.27.8 Flag lot: the front of the lot shall be as that defined as that interior lot line which is more parallel and closest to the public street, except where due to the irregularity of the shape of the lot the City Manager or their designee may determine otherwise. In computing the area of the flag lot, the area of the corridor shall be excluded.
July 16, 2025
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CITY COUNCIL MEETING
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CITY COUNCIL MEETING
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ATTACHMENT A
Housing Element Program 1, Program 5, and Program 7, excerpted from adopted 6th cycle Housing Element:
Program 1. Ensure adequate sites are available and/or zoned to allow owner-occupied and rental multifamily residential uses by right.
Providing zoning for a variety of Housing Types in Ferndale is an identified area of improvement for the 6th cycle.
Specifically, City staff and elected officials will need to continue to work on revisiting the R3 and R4 zoning designations, but the intent of this program is to ensure that all designated zone classifications are 1) adequately represented on the Zoning Map and 2) allow for a variety of housing types without an overly rigorous review process.
There are two sites: APNs 031-032-007 & 030-181-008 that have development capacity for affordable housing (realistic capacity identified in the sites inventory is 7 units and 8 units, respectively) but are constrained by subdivision requirements. This program expands the allowable uses on these sites (only) to allow the density to meet the realistic unit capacity as identified in the sites inventory on these specific sites for affordable housing without subdivision. This program allows for development of the R2 portion of APN 030-181-008 at realistic affordable housing capacity (8 units) (the R2 zone allows up to 15 dwelling units per acre (du/acre), meeting minimum density standards as set by HCD) without subdivision. The R2 portion of the site may be accessed directly from Arlington Avenue. The development capacities for the two sites identified above are consistent with General Plan densities and available immediately upon Housing Element adoption.
Objectives:
• Revisit the “Character” and “Primary and Compatible Uses”, and “Density Range” sections of each zone in the Land Use Element. Update as appropriate to ensure both single-family and multifamily uses are anticipated uses in multiple zones.
• Update the Zoning Ordinance to allow multifamily development of up to 4 units in the R4 zone without a use permit.
• Update the Zoning Ordinance to allow multifamily development of more than 4 units in the R4 zone with a use permit.
• Update the Zoning Ordinance to allow multifamily development of more than 4 units in the R3 zone with a use permit.
• Evaluate and identify sites with potential for rezoning to allow for multifamily uses without a use permit (i.e., R3 and/or R4 zones).
• Implement rezoning on identified sites to R-3 and/or R-4 by 2023. • Review existing City processes for compliance with AB 2162. Revise zoning codes/processes to allow supportive housing by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. Complete review of existing City processes by August 1, 2020.
Funding Sources: General Fund, SB2 funds
Responsible Agencies: City Planner and City Manager
Timeframe: 2019-2022
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 75 _______________________________________________________________ Program 5. Offer incentives such as density bonuses, permit streamlining and/or permit fee reductions/ waivers to developers to build senior and affordable housing.
The City of Ferndale has limited land available that could realistically support affordable housing. The intent of this program is to create incentives that would encourage private developers and homeowners to invest in development of a variety of housing types affordable to low-and low-moderate income households in Ferndale.
This program is anticipated to provide incentives to a project(s) that would result in the creation of four affordable units in the planning period.
Objectives:
• Consider waiving Use Permit fees for development projects in R3 or R4 proposing to create more units than allowed by right, if 20% of proposed units will be deed-restricted for a minimum 20-year term. • Consider waiving Use Permit fees for development projects in all zones that propose to rent to seniors (defined as 70 years of age or older).
• Consider allowing up to 2 more units by right in R2, R3, and R4 zones for development projects that propose to rent to seniors (defined as 70 years of age or older). • Explore financial methods available for City to assist in the creation of ADUs, including limited secured guarantees during construction, partnering with local banks/lenders to help facilitate the lending and financing process for ADUs, property tax moratoriums, City distribution of pre-approved floorplans, etc. • Two parcels (APNs 031-032-007 and 030-181-008) have been identified as available for lower income RHNA development in the last two Housing Element Cycles; therefore, as required by Government Code §65583.2 (c), proposed residential developments at these two sites within the C-2 and R-2 designations must be allowed by right if at least twenty percent of units are proposed to be deed restricted affordable to lower-income households.
Funding Sources: General Fund, SB2 funds
Responsible Agencies: City Planner and City Manager
Timeframe: 2019-2022
Program 7. Amend the Zoning Ordinance to allow agricultural employee housing for six or fewer persons to be treated the same as single family units in all zones (Health & Safety Code §17021.5); and allow bunkhouses of 36 or fewer beds or no more than 12 units the same as an agricultural use in zones allowing agricultural uses, as required by Health and Safety Code §17021.6.
The housing element must include an analysis of farmworker housing needs (Government Code Section 65583(a)(6)) and if the sites inventory does not identify adequate sites to accommodate the housing need for farmworkers the housing element must include one or more programs to provide sufficient sites to accommodate the need for farmworker housing “by-right” (Government Code Section 65583(c)(1)(C)). The intent of the program is to bring the City’s Zoning Ordinance into compliance with State law.
Objectives:
• Update the Zoning Ordinance to be consistent with Health and Safety Code §17021.5 and §17021.6 regarding agricultural employee housing.
Funding Sources: General Fund, SB2 funds
Responsible Agencies: City Planner and City Manager
Timeframe: 2019-2022
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 76 _______________________________________________________________
ATTACHMENT B
July 16, 2025 and May 5, 2025 Public Hearing Notices
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 77 _______________________________________________________________ July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 78 _______________________________________________________________ Section 13
BUSINESS
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 79 _______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number 13.a
Agenda Item Title Approve Construction of the New Restroom Facility at Fireman’s Park
Presented By: City Manager
Type of Item: x Action Discussion Information
Action Required: No Action x Voice Vote Roll Call Vote
RECOMMENDATION:
Approve the Construction of a New Restroom Facility at Fireman’s Park BACKGROUND:
The current public bathroom in Firemen’s Park is close to Francis Creek and in the last ten years the Creek has migrated a little closer and the earthquakes have settled the ground in such a way that we now find the whole building and cement slab has tilted several inches toward the creek. In discussions with the contractor, it was recommended to take the old restroom down and redesign.
The Spirit of Ferndale group has taken on the project to construct the new restroom as a volunteer project. In the process of planning, the current sewer line was looked at by the City Engineer (his report is attached). At this time, the City Engineer is recommending minimal to no work being done on the line at this time.
DISCUSSION:
The Spirit of Ferndale is now ready to move forward with the construction of the new facility.
Their current plan is to have the designs approved by the council for the path forward. The Spirit of Ferndale group is expecting approval from one of our major donors next week, at which time they intend on submitting the approved plans to the city building inspector for approval and scheduling a date for demolition of the existing facility. The anticipated demolition date is on or about August 10th with construction completion by November.
The city will need to provide temporary toilet facilities while the restrooms are under construction. If connecting sidewalks or pavement is required, these may also be required by the city. Currently the city is not looking at having to do a full replacement of any sewer line per the engineer’s report, however, we will not have a full picture of the project until the removal of the current facility and a tree have been completed.
FINANCIAL IMPACT:
Unknown currently, however, replacement of the restroom facility is a necessary project. With the volunteer group funding part of the project, it saves the city significant building costs.
The city is estimating its cost to be $15,000 but potentially it could be more per the engineers report.
ATTACHMENTS:
1. Design Plans
2. Engineers Memo on Sewer
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 80 _______________________________________________________________ 1 A2 ____
2 A2
____
DF
5 A2
28' - 0"
14' - 0" 14' - 0"
6' - 3" 15' - 6" 6' - 3"
7' - 6" 7' - 6"
15' - 0"
4' - 9"
A3
1 Unisex ADA
Restroom #1
Unisex ADA
Restroom #2
Supplies
Utility
Unisex
Restroom #1
Unisex
Restroom #2
Sub-Panel and
Switches for Ball
Field Lights
Drinking Fountain/Water
Bottle Filling Station
6 A2
A3
10 3
A2 ____
4 A2
____
2 A2
____
5 A2
4' - 0" 8" OH
24' - 0" 8" OH
28' - 0" 1' - 6" OH
15' - 0" 1' - 6" OH
4 :12 4 :12 4 :12 4 :12
1 A2 ____
6 A2
OWNER:
City of Ferndale
APPLICANT:
Spirit of Ferndale
SITE INFORMATION:
Fireman's Park
100 Berding St.
Ferndale, CA 95536
APN: 031-051-003
CIVIL ENGINEER:
Ontiveros & Associates, Inc.
Brian Ontiveros
404 N. Fortuna Blvd.
Fortuna, CA 95540
(707) 725-7410
[email protected]
CONTRACTOR:
DCI Builders
118 Port Kenyon Rd.
T: (707) 786-5450
Lic. No. 638887
PROJECT DIRECTORY
PROJECT DESCRIPTION
This Project Proposes to Permit the Construction of a
New Restroom Building.
No Grading is to Occur (other than foundation excavation)
UTILITIES
Electricity: PG&E
Gas: N/A
Water: Del Oro Water
Sewer: City of Ferndale
Fire: Ferndale VFD
ZONING - PF
BUILDING SETBACKS
Front - 20 feet
Rear - 5 feet
Side - 5 feet
PROJECT INFORMATION
Occupancy:
Type of Construction: VB
Building Area 346sf
Lot Size: 1.81 Acres
Bathroom Area
New Bathroom 346 sf
Number of Stories: 1
Building Height
Above Grade Plane: ± 14'
Automatic Sprinklers: N/A
PV System: Not Required
1. 2.
3. 4.
The Project Shall Comply with 2022 Editions of the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Energy Code, California Fire Code and the California Green Building Standards Code.
All Dimensions are to the Face of Studs Unless Otherwise Noted, (U.O.N.).
Written Dimensions Take Precedence Over Scaled Dimensions.
Do Not Scale the Drawings.
Typical Nailing of Members Shall be per Table 2304.10.2 of the California Building Code.
PROJECT NOTES:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. Latching and Locking Doors on Accessible Routes of Travel That are Hand Activated Shall be Operable with a Single Effort by Lever Type Hardware, Panic Bars, Push-Pull Bars Paddles or Other Hardware Designed to Allow Passage and not Require Tight Grasping, Pinching, or Twisting of the Wrist.
The Maximum Effort Required to Operate Doors Shall Not Exceed 5 lbs For Exterior Doors and 5 lbs For Interior Doors. Effort For Required Fire Doors May be Increased to 15 Lbs.
Exit Doorways Shall be Capable of Opening at Least 90° and Shall be So Mounted That the Clear Width of the Exitway Is Not Less than 32" Measured From the Face of the Door and the Opposite Stop. Where a Pair of Doors Is Utilized, at Least One of the Doors Shall Provide a Clear, Unobstructed Opening Width of 32".
The Floor or Landing on Either Side of Door Ways Shall Not be More than 1/2" Lower than the Threshold of the Doorway.
Thresholds at Doorways, Changes in Level Between 1/4" and 1/2" Shall be Beveled in a Slope No Greater than 1:2.
Landings at Exterior Doors Max Slope 2% in All Directions. CBC 1010.1.5.
All Entry Doors to Have a "ISA" International Symbol of Accessibility Logo See A1.1/2 All Door Hardware to be ADA Compliant CBC 11B-404.2.7, 11B-309.4 10" Bottom Rail or Kickplate on Glass Doors and Doors with Recessed Panels.
CBC11B-404.2.10
Operable Parts of Door and Gates Hardware Shall be Centered Between 34" min. and 44" Max. Above the Finished Floor or Ground. Where Sliding Doors are in the Fully Open Position Operating Hardware Shall be Exposed and Usable from both Sides. CBC 11B-404.2.7
All Egress Door Shall be Openable from the Egress Side Without the Use of a Key or Special Knowledge of Effort. CBC 1010.1.9.
Door Closers and Gate Closers. Door Closers and Gate Closers Shall Be Adjusted so that From an Open Position of 90 Degrees, the Time Required to Move the Door to a Position of 12 Degrees from the Latch is 5 Seconds Minimum. CBC 11B-404.2.8.1.
Spring Hinges. Door and Gate Spring Hinges Shall Be Adjusted so that from the Open Position of 70 Degrees, the Door or Gate Shall Move to the Closed Position in 1.5 Seconds Minimum. CBC 11B-404.2.8.2.
DOOR NOTES
NO. C55968
Exp. 12/31/26
B
RIAN K. ONTIVERO
S
REGISTERED PROFESSIONAL
ENGIN
EER
ST A TE OF C ALIFORN
C
IA
I VIL
Project number
Date
Drawn by
OF
Project Status
Drawing Information
CAD DWG FILE:
SAVE DATE:
NOT FOR
CONSTRUCTION
Checked by
SHEET
P:\25-042 DCI - Ferndale
Bathroom\Revit\Bathroom.rvt
6/26/2025 5:05:28 PM
A1
Floor Plan &
Roof Plan
25-042
City of Ferndale
Restroom
Fireman's Park
Spirit of Ferndale
6/26/2025
BJO
BKO
Permit Submittal
3/8" = 1'-0" 1 Floor Plan
3/8" = 1'-0" 2 Roof Plan
MARK DESCRIPTION DATE
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 81 _______________________________________________________________ Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
11' - 6"
Standing Seam
Metal Roof
Hardie Board w/ 1x2
Wood Battens @ 4' oc
1x4 Trim at Corners
Standing Seam
Metal Roof
Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
11' - 6"
Standing Seam
Metal Roof
Hardie Board w/ 1x2
Wood Battens @ 4' oc
1x4 Trim at Corners
Standing Seam
Metal Roof
Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
11' - 6"
4 12
4 12
Standing Seam
Metal Roof
Standing Seam
Metal Roof
Hardie Board w/ 1x2
Wood Battens @ 4' oc
1x4 Trim at Corners
Gutter
Downspout
Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
4 11' - 6"
12 4
12 Standing Seam
Metal Roof
Hardie Board w/ 1x2
Wood Battens @ 4' oc
1x4 Trim at Corners
Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
11' - 6"
4" Concrete Slab
Exterior Walls
6" Concrete Curb
2x6 @ 16" oc
Plywood on Both Sides
Hardie Board on Exterior
Standing Seam
Metal Roof
Standing Seam
Metal Roof
2x4 @ 16" oc
w/ Hardie Board Siding
o/ Plywood
2x4 @ 16" oc
w/ Screnn
1' - 6"
Interior Walls
6" Concrete Curb
2x6 @ 16" oc
Plywood on Both Sides
Floor
0' - 0"
Roof
9' - 0"
Cupola Roof
13' - 0"
Cupola
11' - 6"
4" Concrete Slab
Exterior Walls
6" Concrete Curb
2x6 @ 16" oc
Plywood on Both Sides
Hardie Board on Exterior
Standing Seam
Metal Roof
Standing Seam
Metal Roof
2x4 @ 16" oc
w/ Hardie Board Siding
o/ Plywood
2x4 @ 16" oc
w/ Screnn
6x10 DF#2 Beam
1' - 6"
NO. C55968
Exp. 12/31/26
BRIAN
K
.
O
N
TIVEROS
REGISTERED
PR
O
F
E
S
S
I
ONAL
ENGINEER
ST A TE
O
F
C
A
LIFORN
C
IA
I
V
I
L
Project number
Date
Drawn by
OF
Project Status
Drawing Information
CAD DWG FILE:
SAVE DATE:
Checked by
SHEET
P:\25-042 DCI - Ferndale
Bathroom\Revit\Bathroom.rvt
6/26/2025 5:05:28 PM
A2
Elevations &
Section
25-042
City of Ferndale
Restroom
Fireman's Park
Spirit of Ferndale
6/26/2025
BJO
BKO
Permit Submittal
1/4" = 1'-0"
1 South Elevation
1/4" = 1'-0"
2 North Elevation
1/4" = 1'-0"
3 East Elevation
1/4" = 1'-0"
4 West Elevation
3/8" = 1'-0"
5 Section 1
3/8" = 1'-0"
6 Section 2
MARK DESCRIPTION DATE NOT FOR CONSTRUCTION
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 82 _______________________________________________________________ 6"
1' - 0"
1 2
3 4' - 9"
Clr.
1' - 6"
3068
A
RESTROOM
RESTROOM
CORRESPONDING
CONTRACTED GRADE 2
BRAILLE. DOTS SHALL BE
SPACED 1/10" (2.54MM) O.C.
IN EA CELL WITH 2/10"
(3.08MM) SPACE BETWEEN
CELLS. DOTS SHALL BE
RAISED A MIN. OF 1/40"
(0.635MM) ABOVE THE
BACKGROUND
MAX.
4"
5' - 0"
EQ EQ
DOOR SIGN
WALL SIGN
1/8" RADIUS,
TYP,
ATTACH SIGNS WITH SILICON ADHESIVE AND
NON-CORROSIVE VANDAL RESISTANT FLAT
HEAD SCREWS.
RADIUS CORNERS
PLASTIC SIGN WITH RAISED GRAPHICS,
LETTERS AND GRADE 2 BRAILLE, TYPICAL
WHITE GRAPHICS, LETTERS AND CORRESPONDING
GRADE II BRAILLE RAISED 1/32"
OPAQUE BLUE ACRYLIC PLASTIC FACE PLATE
OPAQUE WHITE ACRYLIC PLASTIC FRAME
RESTROOM
8"
A
NOTE: BATHROOM SIGNAGE SHALL MEET CURRENT STATE OF CALIFORNIA LAWS RELATING TO ALL- GENDER RESTROOMS. SIGNS SHALL NOT INCLUDE ANY WRITTEN OR PICTORIAL REFERENCE TO MALE OR FEMALE GENDER. SEE DETAIL BELOW FOR MORE INFORMATION.
WALL FINISH, SEE FINISH
SCHEDULE FOR MORE INFO
WAINSCOT, WHERE OCCURS, SEE
FINISH SCHEDULE FOR MORE INFO
STAINLESS
STEEL FRAME
MIRROR
2x6 BLOCKING W/ A35
CLIP EACH END, TYP.
HANGER W/ #12x2" F.H.W.S. INTO STUDS OR
SOLID BLOCKING, MIN. 1" PENETRATION
SET SCREW
HANGER W/ #12x2" F.H.W.S. INTO STUDS OR
SOLID BLOCKING, MIN. 1" PENETRATION
40" A.F.F. MAX.
SHEET VINYL FLOORING TO
EXTEND ON TO WALL TO
PLASTIC LAMINATE
WAINSCOT
*TOILET ROOM FLOORS SHALL
HAVE A SMOOTH, HARD NONABSORBENT SURFACE SUCH AS
PORTLAND CEMENT, CERAMIC
TILE, OR OTHER APPROVED
MATERIAL THAT EXTENDS
UPWARD ONTO THE WALLS AT
LEAST 4" (PER 2016 CBC SECTION
1210.2.1)
CLEAR
5' - 0" MIN.
CLEAR
4' - 0" MIN.
CLEAR
2' - 10" MIN.
18" MIN.
*
PULL
SIDE
PUSH
SIDE
* 12" MIN. WHEN
DOOR HAS A LATCH
24" MIN.
CLEAR FLOOR SPACE
AT EXTERIOR DOORS
AT INTERIOR DOORS
Front Approach
3'-0" 6"
FLUSH LEVER @
WIDE SIDE OF
TANK
17" - 19"
2'-9"
1'-0" 3'-6"
7" - 9"
1'-7"
1'-6"
2' - 0" 1' - 0" 42" Grab Bar
36" Grab Bar Toilet Paper
Dispenser
PROVIDE LEVER HANDLE
FAUCET NOT REQUIRING
A GRASP TO OPERATE.
OPERATING FORCE
SHALL NOT EXCEED 5
POUNDS.
KNEE SPACE
8" MIN.
TOE SPACE
6" MAX.
MIN.
1'-5"
MIN.
9"
2'-3" MIN.
2'-10" MAX.
3'-4" MAX.
PROVIDE INSULATION OR
OTHER PROTECTION AT
HOT WATER SUPPLY
AND DRAIN PIPES.
MIRROR
NOTE:
OPERATING PARTS
OF DISPENSING AND
DISPOSAL FIXTURES
SHALL BE WITHIN 40"
OF FLOOR
MIRROR
PAPER
TOWEL
DISPENSER
PAPER
TOWEL
DISPENSER
SANITARY
NAPKIN
DISPENSER
TOILET
TISSUE
DISPENSER
SEAT
COVER
DISPENSER
SOAP
DISPENSER
NOTE: ACCESSORIES SHOWN ARE EXAMPLES
ONLY AND MAY NOT BE REQUIRED ON
THIS PROJECT
COMBINATION
UNIT
40" MAX.40" MAX.
40" MAX.
40" MAX.40" MAX.40" MAX.
40" MAX.
19" MIN
4x6 SOLID BLKG W/
A34 CLIPS, TOP &
BOT., TYP. EA END
COVER PLATE
3- #14x3" S.S. R.H.W.S.,
1-1/4" MIN. PENETRATION
INTO BLOCKING
1-1/2"Ø GRAB BAR
WAINSCOT, SEE FINISH
SCHEDULE FOR MORE INFO
WALL FINISH, SEE FINISH
SCHEDULE FOR MORE INFO
1 1/2"
1' - 6" 1' - 6"
1 2
3 3068
1 2
3 Toilet Tissue Dispenser
Soap Dispenser
Hand Dryer
See Detail 8 on this Sheet for Placement Details
Restroom Accessory Keynote Legend
NO. C55968
Exp. 12/31/26
B
RIAN K. ONTIVERO
S
REGISTERED PROFESSIONAL
ENGIN
EER
ST A TE OF C ALIFORN
C
IA
I VIL
Project number
Date
Drawn by
OF
Project Status
Drawing Information
CAD DWG FILE:
SAVE DATE:
NOT FOR
CONSTRUCTION
Checked by
SHEET
P:\25-042 DCI - Ferndale
Bathroom\Revit\Bathroom.rvt
6/26/2025 5:05:29 PM
A3
Enlarged
Restrooms &
ADA Details
25-042
City of Ferndale
Restroom
Fireman's Park
Spirit of Ferndale
6/26/2025
BJO
BKO
Permit Submittal
MARK DESCRIPTION DATE
1/2" = 1'-0" 1 Typical Accessible Restroom Layout 1/2" = 1'-0" 2 ALL GENDER RESTROOM SIGNAGE DETAIL 3" = 1'-0" 3 MIRROR ATTACHMENTN.T.S. 4 WAINSCOT SECTION 1/2" = 1'-0" 5 TYPICAL DOOR CLEARANCES
3/8" = 1'-0" 6 ACCESSIBLE TOILET
3/8" = 1'-0" 7 ACCESSIBLE LAVATORYNTS 8 RESTROOM ACCESSORIES 3" = 1'-0" 9 GRAB BAR ANCHORAGE
1/2" = 1'-0" 10 Typical Non ADA Restroom LAyout
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 83 _______________________________________________________________
ENGINEERING MEMORANDUM
Date: July 9, 2025
To: Jay Parrish, City Manager
From: Brian K Ontiveros, PE, City Engineer
Subject: Firemans Park Restroom Sewer Line
At the request of the City Manager, I have evaluated the sewer line that connects the existing restroom to the city sewer main that crosses the bridge on Berding Street at Francis Creek. We have been told that there have been problems with this sewer line in the past and is possibly in need of repair.
We contacted Shawn Gardner at the sewer treatment plant. He told us that there have been problems in the past with the line, but he thought they stemmed from the Community Center Building and grease buildup in the line. After the Community Center Building installed a grease trap Shawn thought there haven’t been any further issues.
We also looked at the line between the existing restroom building and the connection to the main line as it crosses the bridge (see attached plan & profile drawing of the sewer line). There is a cleanout located at the building and also a cleanout located next to a tree that is approximately 200-ft away from the building. The slope of the sewer line between the two cleanouts is approximately 1.5%. We assume that this slope continues until it connects to the line that comes from the Community Center Building. This would be considered an acceptable slope for the sewer line.
As noted, there is a tree located near the second cleanout. It is assumed that the tree roots may have some sort of effect on the sewer line at this location. The sewer line could be pushed laterally or crushed by the roots. Unless the sewer line is excavated at this location it is not known to what extent the tree is having on the line. However, it is assumed that at some point there will be an issue at this location if it’s not already occurring.
It is not known the exact location of the sewer line beyond this cleanout. Therefore, it is not known if the tree closer to the bridge has any impact on the sewer line. It is also assumed that the sewer line has a straight slope between the elevations shot between the cleanout inverts.
The existing restroom building is severely tilted, over a foot from end to end. This could also be having an impact on the flow of the sewer within/under the building itself. This condition will at least be corrected by installing the new building.
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 84 _______________________________________________________________
There are four potential options to consider for the sewer line:
1. Do nothing at this time. As the sewer line is not currently having issues, it is proposed to leave it alone until it does have a problem. This option has the cheapest cost at $0 but also comes with the future circumstance of potentially dealing with the sewer line as an emergency to fix it.
2. Remove the tree located adjacent to the existing cleanout and repair a short section (5 – 10 feet) of the sewer line. It is estimated that this option would cost approximately $5000 - $7000 and possibly be cheaper if city crews could do the work.
3. Reroute the sewer line before it gets to the tree in question and tie back into the existing sewer line outside of the existing pavement section (±90-feet). It is estimated that this option would cost approximately $10,000 and possibly be cheaper if city crews could do the work.
4. Replace the entire sewer line from the new restroom building to the point where it connects with the Community Center Building sewer line before it goes underneath the bridge. This would consist of approximately 280’ of sewer line to be installed with some of that line disturbing the existing asphalt pavement. It is estimated that this option would cost approximately $30,000 and possibly be cheaper if city crews could do the work.
My opinion would be to consider option #1 or option #2 at this time. At a minimum, I would recommend investigating around the tree to see what impact the tree is truly having on the sewer line and what mitigations may be required, i.e. cut down the tree, to keep the sewer line in working condition.
Brian K Ontiveros, PE
City Engineer, City of Ferndale
(707) 845-4320
[email protected]
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 85 _______________________________________________________________ / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / (E) Water Spigot (E) Water Spigot (E) Electrical Box(E) 18" Maple Tree (E) Drinking Fountain Parking Lot (E) Accessible Parking Sign Edge of (E) Pavement Edge of (E) Concrete (E) Light Pole (E) Concrete Walkways / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 874.13 CP8.MAGNAIL&SHINER (E) Bathroom (E) Electrical Panel (E) Accessible Parking Space and Access Isle Baseball Field / / / / / / / / / / / / / / / / / / / / SS SS 0+00 (E) 74.44' (E) 73.18' (E) Light Pole 74 75 62 7065 73 C1 Site Plan PERMIT SUBMITTAL Firemen's Park RESTroom Improvements 25-004:09 7/09/2025 BAO BKO Ferndale, CA 95536 APN 031-051-003 SHEET OF PROJECT NO: DRAWN BY: CHK'D BY: DATE: -- -- CITY OF FERNDALE MARK DESCRIPTION DATE SUBMITTAL STATUS CAD DWG FILE: P:\25-042 DCI - FERNDALE BATHROOM\CIVIL\SITE.DWG PLOT DATE: 7/9/2025 1:53 PM SAVE DATE: 7/9/2025 1:52 PM PLOT INFORMATION 404 N. Fortuna Blvd. · Fortuna, CA 95540 Phone (707) 725-7410 · Fax (707) 725-7411 [email protected] ONTIVEROS & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS INC C IV IL RNO. C55968 EGIST ERED PROFESSIONA L ENGINEERBRIA N K. ONT IV EROS Exp. 12/31/26 ST A T E OF C A LIFOR NIA Existing Site Plan SCALE - 1" = 10' TOPOGRAPHIC SURVEY NOTES 1. THE PURPOSE OF THIS MAP IS TO SHOW THE TOPOGRAPHIC FEATURES OF FIREMAN'S PARK IN FERNDALE. FEATURES WERE LOCATED DURING A FIELD SURVEY BY ONTIVEROS & ASSOCIATES, INC. (O&A) IN AUGUST 2023. 2. THIS IS NOT A SURVEY OF THE PROPERTY BOUNDARY. 3. ELEVATIONS SHOWN ARE ON THE NAVD88 DATUM. THE PROJECT BENCHMARK CP5 LOCATED IN THE PARKING LOT OF FIREMAN'S PARK, (NOT SHOWN ON PLAN) HAS AN ELEVATION OF 72.76' (NAVD88) PER NGS OPUS. SEE BASIS OF BEARING NOTE. 4. EXISTING CONTOURS SHOWN ARE AT 1.0' FOOT INTERVALS. 5. THE BASIS OF BEARING IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 1, EPOCH 2010.00, HAVING A CONVERGENCE ANGLE OF -01°28'53" AND A COMBINED SCALE FACTORE OF 0.99990735 AT CONTROL POINT No. 5 HERON, USING ACTIVE CONTROL NGS OPUS. THE NEAREST BASE STATIONS BEING PID DH3867, DG8511 AND DN7536. OWNER: City of Ferndale ENGINEER: Ontiveros & Associates, Inc. 404 North Fortuna Boulevard Fortuna, CA 95540 (707) 725-7410 Contact: Brian Ontiveros SITE INFORMATION: Firemen's Park Ferndale, CA 95536 APN: 031-051-003 Zoned PF ±1.81 acres Coastal Zone: No FEMA 100-year Flood Zone: No FEMA Floodway: No Water: City of Ferndale Sewer: City of Ferndale PROJECT DESCRIPTION: The purpose of this application is to permit the construction of a new bathroom building. · No Trees to be Removed. · No Known historical buildings or known archaeological or paleontological resources. · Information shown hereon is derived from Humboldt County GIS, Humboldt County APN maps, aerial photo, and owner supplied information. · No grading proposed. · The Contours Shown are at 1 Foot Intervals and are Based on the 2018 - 2019 Northern California Wildfire USGS Lidar Data Set. Vicinity Map NTS Project Location NOT FOR CONSTRUCTION July 16, 2025 ________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 86 _______________________________________________________________ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 874.13 CP8.MAGNAIL&SHINER (E) Electrical Panel 28' 15' / / / / / / / / / / / / / / / / / / / / SS SS 0+00 (E) SSCO C2 Site Plan PERMIT SUBMITTAL Firemen's Park RESTroom Improvements 25-004:09 7/09/2025 BAO BKO Ferndale, CA 95536 APN 031-051-003 SHEET OF PROJECT NO: DRAWN BY: CHK'D BY: DATE: -- -- CITY OF FERNDALE MARK DESCRIPTION DATE SUBMITTAL STATUS CAD DWG FILE: P:\25-042 DCI - FERNDALE BATHROOM\CIVIL\SITE.DWG PLOT DATE: 7/9/2025 1:53 PM SAVE DATE: 7/9/2025 1:52 PM PLOT INFORMATION 404 N. Fortuna Blvd. · Fortuna, CA 95540 Phone (707) 725-7410 · Fax (707) 725-7411 [email protected] ONTIVEROS & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS INC C IV IL RNO. C55968 EGIST ERED PROFESSIONA L ENGINEERBRIA N K. ONT IV EROS Exp. 12/31/26 ST A T E OF C A LIFOR NIA Proposed Site Plan SCALE - 1" = 10' NOT FOR CONSTRUCTION July 16, 2025 ________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 87 _______________________________________________________________ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 8 74.13 CP8.MAGNAIL&SHINER 974.71 CP9.60D / / / / / / / / / / / / / / / / / / / (E) Tree(E) Power Pole(E) Tree (E) SSCOSS SS SS SS SS SS SS SS SS 6+35 0+00 1+00 2+00 3+00
4+00
5+00
6+00 Assumed Alignment of (E) Sewer Line Cleveland St. Berding St. Eugene St.
Elevation 54.0 60.0 70.0-0+100+00 1+00 2+00 3+00 4+00 5+00 6+00 6+50 279' of 4" SDR35 Sewer Pipe @ 1.50% 4' of 4" SDR35 Sewer Pipe @ 0.50% 4' of 4" SDR35 Sewer Pipe @ 92.82% 4' of 4" SDR35 Sewer Pipe @ 0.50% SSMH #1 STA:6+33 (E) SANITARY SEWER MANHOLE RIM:61.32' INV:55.75' 77' of 4" SDR35 Sewer Pipe @ 1.50% 38' of 4" SDR35 Sewer Pipe @ 11.44% SSCO #1 STA:0+00 (E) SANITARY SEWER CLEANOUT RIM:73.46' INV:72.46' SSCO #2 STA:2+00 (E) SANITARY SEWER CLEANOUT RIM:72.90' INV:69.49' 28' of 4" SDR35 Sewer Pipe @ 0.50% (E) Bathroom FF = ±74' Assumed Slope of Sewer Line based on Elevations at the 2 Cleanouts Sewer Pipe on Side of Bridge Sewer Pipe on Bridge Abutment Sewer Pipe on Creek Bottom 200' of 4" SDR35 Sewer Pipe @ 1.49% C3 Sewer Plan & Profile PERMIT SUBMITTAL Firemen's Park restroom Improvements 25-004:09 7/09/2025 BAO BKO Ferndale, CA 95536 APN 031-051-003 SHEET OF PROJECT NO: DRAWN BY: CHK'D BY: DATE: -- -- City of Ferndale MARK DESCRIPTION DATE SUBMITTAL STATUS CAD DWG FILE: P:\25-042 DCI - FERNDALE BATHROOM\CIVIL\SITE.DWG PLOT DATE: 7/9/2025 1:53 PM SAVE DATE: 7/9/2025 1:52 PM PLOT INFORMATION 404 N. Fortuna Blvd. · Fortuna, CA 95540 Phone (707) 725-7410 · Fax (707) 725-7411 [email protected] ONTIVEROS & ASSOCIATES CONSULTING ENGINEERS AND SURVEYORS INC C IV IL RNO. C55968 EGIST ERED PROFESSIONA L ENGINEERBRIA N K. ONT IV EROS Exp. 12/31/26 ST A T E OF C A LIFOR NIA Existing Sewer Plan & Profile SCALE - 1" = 30' (1" = 3' Vertical) OPTION #1 Do Nothing at this time. OPTION #2 Remove Tree & Replace ±10' of Sewer Line OPTION #3 Reroute Sewer Line Around Tree & tie back into (E) Sewer Line (±90') OPTION #4 Replace Entire Sewer Line from New Restroom to (E) Sewer line at Bridge (±280') NOT FOR CONSTRUCTION July 16, 2025 ________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 88 _______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number: 13.b
Agenda Item Title: Report on the California Department of Housing and Community Development (HCD) May 16, 2025 Letter of Inquiry and the City’s June 10, 2025 response letter Presented By: City Planner
Type of Item: Action Discussion x Information
Action Required: x No Action Voice Vote Roll Call Vote
STAFF RECOMMENDATION:
Receive and File the report on the California Department of Housing and Community Development (HCD) May 16, 2025 Letter of Inquiry and the City’s June 10, 2025 response letter.
BACKGROUND and DISCUSSION
Government Code section 65585, subdivision (i), grants HCD authority to review a city’s progress on implementing its housing element. On May 16, 2025, the City received a letter of inquiry from HCD (Attachment A). The letter asks about the status of the City’s implementation of several programs that are part of Ferndale’s Housing Element. The programs that HCD is inquiring about are mostly those that involve amending the City’s land use regulations, Land Use Element of the General Plan and the Zoning Ordinance including the Zoning Map.
On June 10, 2025, the City sent a letter responding to HCD’s May 16 letter (see Attachment B). The response letter details the progress the City has made towards completing the programs identified in HCD’s letter. The letter commits the City to completing the required amendments that implement programs flagged by HCD by the end of calendar year 2025. As documented in the response letter, the advancement of the Group 1 amendments to the Zoning Ordinance and Zoning Map make significant progress towards completing several programs flagged in HCD’s letter. The Group 1 amendments are on-track for the City Council to adopt as part of their August 20, 2025 meeting. The Contract Planner is preparing the Group 2 amendments. The Group 2 amendments will amend the Zoning Ordinance and the Subdivision Ordinance as detailed in the June 10 response letter. The Planning Commission will hold a public hearing for the Group 2 amendments as part of their August 6, 2025 meeting.
After submitting the response letter on June 10 to HCD, and as of the writing of this report, the City has not received further queries from HCD about the City’s response letter.
CONCLUSION
No formal action is required at this time. City staff will continue to share any further communications from HCD on this matter.
ATTACHMENTS:
Attachment A – May 16, 2025, HCD Letter of Inquiry
Attachment B – June 10, 2025, City of Ferndale response to HCD’s Letter of Inquiry (Note: the attachments that accompany the letter of response are available upon request) July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 89 _______________________________________________________________ STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 16, 2025
Colleen O’Toole, City Manager
City of Ferndale
834 Main Street
Ferndale, CA 95536
RE: City of Ferndale 6th Cycle Housing Element Program Implementation Requirements – Letter of Inquiry
Dear Colleen O’Toole:
The purpose of this letter is to inquire about the status of the City of Ferndale’s (City) 6th Cycle Housing Element Implementation Programs pursuant to Government Code section 65585, subdivision (i). The California Department of Housing and Community Development (HCD) sent the City a letter on December 11, 2019, finding the City’s housing element in substantial compliance with Housing Element Law.1 This was based on, among other reasons, the City’s responsibility to complete Programs according to timeline commitments. As the commitment date has passed for many Programs, HCD requests that the City provide an update on the status and timeline of implementation for the following:
• Program 1 (Adequate Sites): The Annual Progress Report (APR) for 2024 states that the zoning amendments are expected to be complete in Q2 of 2025. The City must provide the accompanying documentation to confirm program completion. As the Program was due to be complete on August 1, 2020, the City should also provide a timeline for the implementation of the remaining program actions (e.g., study session and follow up actions).
• Program 2 (Small Sites): The APR for 2024 states that the City expects to complete the Program by CY 2025. As the Program was due to be complete in 2022, the City must provide the accompanying documentation to confirm program completion.
• Program 3 (Parking Regulations): The APR for 2024 states that the City has begun the process of evaluating parking standards. As the Program was due to be complete in 2023, the City should also provide a timeline for the implementation of Program actions (e.g., amend multifamily parking standards). 1 Gov. Code, § 65580 et seq.
Attachment A
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 90 _______________________________________________________________ Colleen O’Toole, City Manager
• Program 5 (Sites from Previous Planning Cycles): As the Program was due to be completed in 2022, the City should confirm whether the Program has been completed and provide the accompanying documentation (e.g., ordinances, resolutions, zoning codes, etc.) or provide a timeline for Program completion. • Program 6 (Single-Room Occupancy): As the Program was due to be completed in 2022, the City should confirm whether the Program has been completed and provide the accompanying documentation (e.g., ordinances, resolutions, zoning codes, etc.) or provide a timeline for Program completion. • Program 7 (Employee Housing): The APR for 2024 states that the zoning amendments are expected to be complete in Q2 of 2025. As the Program was due to be complete in 2022, the City must provide the accompanying documentation to confirm program completion. The City should also provide a timeline for the implementation of the remaining program actions (e.g., study session and follow up actions).
Consequences of Failure to Implement Programs
Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement program actions included in the housing element. Failure to implement actions in the programs listed above by the statutory deadline means the City’s housing element will no longer substantially comply with Housing Element Law, and HCD may revoke its finding of substantial compliance.
Various consequences may apply if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’s remedy.” 2
Conclusion
Housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with Housing Element Law.
To ensure the City continues to meet the 6th cycle update requirements for a substantially compliant housing element, the City must submit any adopted ordinances, resolutions, or documentation that demonstrates that housing element program commits have been met. 3
2 Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(5). 3 Gov. Code, § 65585.
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 91 _______________________________________________________________ Colleen O’Toole, City Manager
HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (i), including issuance of a Corrective Action Letter and removal of HCD’s finding of housing element compliance.
Please provide a written response to this inquiry by June 16, 2025. If you have any questions or would like to discuss the content of this letter, please feel free to contact Anthony Errichetto of our staff at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 92 _______________________________________________________________ crry OF F6R.Nt)AL6
l>.O. '&ox 1.�
FSR.Nt:>AL6, CA .J.5536
���,..�
June 1 o, 2025
Melinda Coy, Proactive Housing Accountability Chief
Attn.: Anthony Errichetto
Division of Housing Policy Development
California Department of Housing and Community Development Sent via email to [email protected]_,_goy
Dear Ms. Coy:
Enclosed please find the City's detailed response to the Letter of Inquiry dated May 16, 2025 regarding the implementation status of several programs of the City of Ferndale's 6th Cycle Housing Element. We have addressed each of the requested program updates, and our accompanying documentation is included with this response.
The City remains committed to fulfilling all housing element requirements and to working closely with HCD as we implement these important programs. The City would appreciate having an opportunity to informally discuss HCD's preliminary assessment of the City's response once your team had a chance to review it.
We look forward to continuing our constructive dialogue and partnership to ensure full compliance with Housing Element Law. Thank you for your ongoing collaboration.
Sincerely,
� (
Ee: Kristene Hall- City Clerk
Planwest Partners, Inc. -Contract City Planners
Ryan Plotz - City Attorney
Fidel Herrera, HCD
834 Main Street• P.O. Box 1095 • Ferndale CA 95536
Phone 707-786-4224 • Fax 707-786-9314
Webpage http://ci.femdale.ca.us
Attachment B
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 93 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
1 Program 1. Ensure adequate sites are available and/or zoned to allow owner-occupied and rental multifamily residential uses by-right.
Providing zoning for a variety of Housing Types in Ferndale is an identified area of improvement for the 6th cycle. Specifically, City staff and elected officials will need to continue to work on revisiting the R3 and R4 zoning designations, but the intent of this program is to ensure that all designated zone classifications are 1) adequately represented on the Zoning Map and 2) allow for a variety of housing types without an overly rigorous review process.
There are two sites: APNs 031-032-007 & 030-181-008 that have development capacity for affordable housing (realistic capacity identified in the sites inventory is 7 units and 8 units, respectively) but are constrained by subdivision requirements. This program expands the allowable uses on these sites (only) to allow the density to meet the realistic unit capacity as identified in the sites inventory on these specific sites for affordable housing without subdivision. This program allows for development of the R2 portion of APN 030-181-008 at realistic affordable housing capacity (8 units) (the R2 zone allows up to 15 dwelling units per acre (du/acre), meeting minimum density standards as set by HCD) without subdivision. The R2 portion of the site may be accessed directly from Arlington Avenue. The development capacities for the two sites identified above are consistent with General Plan densities and available immediately upon Housing Element adoption.
Program 1 Objective:
• Revisit the “Character” and “Primary and Compatible Uses”, and “Density Range” sections of each zone in the Land Use Element. Update as appropriate to ensure both single-family and multifamily uses are anticipated uses in multiple zones.
Response: The Land Use Element of the Ferndale General Plan was adopted by the Ferndale City Council on November 20, 2024 by Resolution 2024-23. It amended the “Character”, “Primary and Compatible Uses”, and “Density Range” language of the R1, R2, R3, C1, and C2 land use designations (LUD) to include the following changes:
• R1 LUD: The language of the is now objective, and it expressly identifies accessory dwelling units as a primary compatible use. The R1 LUD density range was increased to 9 dwelling units per acre, and does not count or include accessory dwelling units for density consistent with State law.
• The R2 and R3 LUDs: expressly that multifamily (including a variety of housing typologies) as a primary use, and the allowable density has been increased 18 dwelling units per acre and 27 dwelling units per acre, respectively.
• C1 LUD: residential uses are identified as a primary use above the first floor, and a conditional use when situated on the ground floor. The C1 LUD specifies a density range of 0-21 dwelling units per acre.
• C2 LUD: this LUD specifies a density range of 0-21 dwelling units per acre. The City will be updating the C2 LUD language to indicate residential uses are a primary use when situated above the first floor to align with the language of the existing and adopted C2 zone that implements the C2 LUD. The existing C2 zone permits dwellings by-right without a qualification that the units be situated above the first floor.
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 94 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
2 On May 7, 2025, the Planning Commission approved Resolution 2025-04 that recommends the City Council adopt amendments to the Ferndale Zoning Ordinance (FZO) that update the intent language of the R2 and R3 zones to remove the previous subjective language. Additional amendments to the R2 and R3 zones that implement the R2 and R3 LUD of the Land Use Element described above include:
• Enumerating multiple dwellings and dwelling groups as principal permitted by-right uses in both zones.
• Decreasing the standards for minimum lot area and lot width (that would apply to applications for subdivision and lot line adjustment).
• Increasing the lot coverage allowance.
• Adding density standards that mirror the density of the respective LUD. Addition for the R2 and R3 zones, the density standard includes language requiring rounding up should the calculation result in fractional units, and that accessory dwelling units shall not be counted towards density.
Staff did not find the intent language of the C1 and C2 zones to contain problematic subjective language. The principal and conditional uses of the C1 are proposed to be expanded to align with the C1 LUD as indicated in the PC’s recommended zoning amendments. Because the adopted C2 zone already permits multiple dwellings by-right, this language was only expanded to expressly include “multiple dwellings and dwelling groups”.
Timeline: These amendments are expected to be adopted by the Ferndale City Council on August 20, 2025, with the public hearing and first reading to be conducted on July 16, 2025.
Program 1 Objectives (cont’d):
• Update the Zoning Ordinance to allow multifamily development of more than 4 units in the R4 zone with a use permit.
• Update the Zoning Ordinance to allow multifamily development of more than 4 units in the R3 zone with a use permit.
• Evaluate and identify sites with potential for rezoning to allow for multifamily uses without a use permit (i.e., R3 and/or R4 zones).
• Implement rezoning on identified sites to R-3 and/or R-4 by 2023.
Response: During the development of the LUE, it was found there were only three parcels planned and zoned R4. These three parcels are clustered together, and all are developed with single family residences, and are not held in common ownership. The parcels range from 0.16 acres to 0.17 acres, with the Assessor values that range from $135,900 to $296,500.
Based on public input received during the development of the LUE update and to simplify the range of General Plan land use designations and corresponding zones, the adopted Land Use Element removed the R4 LUD. The three parcels with a R4 LUD are now designated R2 by the Ferndale July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 95 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
3 General Plan. As discussed above, multifamily is a primary and compatible use in the R2 LUD. To implement the City’s Land Use Element, the zoning of these three parcels is on track to change from R4 to R2, as indicated above.
On May 7, 2025, the Planning Commission approved Resolution 2025-04 that recommends the City Council adopt zoning amendments to allow multifamily and dwelling groups by-rightin the R3 zone; a use permit will not be required for multifamily development in the R3 zone. The City believes the Planning Commission’s recommended Zoning Ordinance amendments go further than these objectives of Program 1. Additional amendments to the R3 zone include decreasing the standards for minimum lot area and lot width (that would apply to applications for subdivision and lot line adjustment), increasing the lot coverage allowance, and specify the density consist with the R3 LUD. The residential transition standards for dwelling groups have been reformatted and reworded to remove ambiguity about the conditions when this standard applies.
To ensure compliance with State housing element law, the R2 LUD was updated to increase the density to 18 dwelling units per acre, and to expressly enumerate multifamily use, configured in a variety of typologies, as a primary and compatible use. The pending zoning amendments implement the R2 LUD updates, and enumerate multiple dwellings and dwelling groups as principal permitted by-right uses in the R2 zone. Additional amendments to the R2 zone include decreasing the standards for minimum lot area and lot width (that would apply to applications for subdivision and lot line adjustment), increasing the lot coverage allowance, and adding a density standard that mirrors the R2 LUD density. The density standard includes language requiring rounding up should the calculation result in fractional units, and that accessory dwelling units shall not be counted towards density. Table 1 below lists all of the parcels to be rezoned to R2 which will implement the Land Use Element amendments discussed above.
Table 1
APN Situs Address
Existing
Zoning
Proposed
Zoning Acreage
Assr Improvement
Value
030-091-024 NO ADDRESS ASSIGNED R-1 R2 1.2 $0
030-091-030 NO ADDRESS ASSIGNED R-1 R1; R2* 8.6 * $0
030-101-007 NO ADDRESS ASSIGNED R-1-H R2-H 6.7 $2,099,751 030-101-008 501 FERN ST FERNDALE
95536
R-1-B-2 R2 0.9 $0
030-101-010 NO ADDRESS ASSIGNED R-1-H R2-H 2.5 $1,194,563 030-101-015 NO ADDRESS ASSIGNED R-1 R2 0.1 $0
030-101-016 NO ADDRESS ASSIGNED R-1 R2 0.1 $0
030-141-009 725 BERDING ST FERNDALE R-1-H R2-H 1.9 $1,299,233 031-131-004 539 SHAW AV FERNDALE
95536
R-4-D R2-D 0.2 $135,940
031-131-018 551 SHAW AV FERNDALE
95536
R-4-D R2-D 0.2 $296,533
031-131-019 557 SHAW AV FERNDALE
95536
R-4-D R2-D 0.2 $276,490
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 96 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
4 APN Situs Address
Existing
Zoning
Proposed
Zoning Acreage
Assr Improvement
Value
031-151-006 725 WASHINGTON ST
FERNDALE 95536
R-1 R2 1.6 $40,013
* About 8.6 acres of this approximately 15-acre parcel is to be rezoned from R1 to R2; the LUD for this portion of the site has already changed to the R2 LUD.
Additional zoning amendments propose to expand the descriptive range of housing typologies to include missing-middle housing types by amending the definition of “Dwelling, Multiple” and adding a definition for “Dwelling Group”. Moreover, the Planning Commission’s recommended zoning amendments include updating the definition of family as follows: “Family – One or more persons sharing a dwelling unit whether or not related by blood, marriage, or adoption” to comport with State law.
Timeline: These amendments are expected to be adopted by the Ferndale City Council on August 20, 2025, with the public hearing and first reading to be conducted on July 16, 2025.
Program 1 Objective (cont’d):
• Review existing City processes for compliance with AB 2162. Revise zoning codes/processes to allow supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. Complete review of existing City processes by August 1, 2020.
Response: Between the current Zoning Ordinance and the proposed amendments described above, supportive housing pursuant to GC §§ 65650 – 65656 would be permitted in R2, R3, and C2 zones. As the C1 zone is a zone “…where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses”, consistent with the above Program 1 Objective and GC § 65651(a), the City will prepare amendments to the Zoning Ordinance to allow for supportive housing that meets the requirements of GC §§ 65650 – 65656 consistent with State law.
The City’s Contract Planner has prepared similar amendments for the City of Point Area in 2024.1 Timeline: The first PC public hearing is planned for August 2025; with a City Council public hearing, and first and second readings for adoption to be completed by December 2025.
Program 2. Adopt incentives for consolidation of smaller sites, including priority processing, modification of development standards and ministerial lot line adjustments.
Updated State requirements related to identification of suitable affordable housing development sites highlight the fact that small sites are unlikely to be suitable for affordable housing due to economies of scale. The program intent is to attempt to reduce affordable housing production barriers by streamlining processes related to development-related land consolidation. 1 The Point Arena City Council adopted the Zoning Amendments and these amendments, and others, are undergoing Coastal Commission review because a Local Coastal Program amendment is required.
July 16, 2025
________________________________________________________________
CITY COUNCIL MEETING
_______________________________________________________________ 97 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
5 Program 2 Objectives:
• Update Zoning Ordinance to make Mergers and Lot Line Adjustments staff-level processes.
Response: The City Contract Planner in coordination with the City Engineer and City Surveyor have identified the lot line adjustment and merger regulations of other localities that provide staff-level review (that is, not discretionary) pathways for merger and lot line adjustments applications. These regulations will serve as templates for the amendment of Ferndale’s regulations. (Note: to implement this Program objective, the City will update its Subdivision Ordinance, not the Zoning Ordinance, because this is where the current regulations are codified.) Timeline: The first PC public hearing is planned for August 2025; with a City Council public hearing, and first and second readings for adoption to be completed by December 2025.
Program 2 Objectives (cont’d):
• Consider waiving Lot Line Adjustment and Merger processing fees for projects that propose to create an ADU or 20% deed-restricted affordable units (20 year term).
Response: Implementation of this program is ongoing. City would consider requests for an application fee waiver, or reduction, upon the filing of a written request for a qualifying project and to the extent that such a request is financially feasible and does not cause undue financial burden for the City.
Program 3. Analyze parking regulations to assess whether they facilitate or restrict mixed-use development.
Parking is commonly discussed as being a barrier to housing development, specifically if parking standards require one or more spaces per unit. The program intent is to revisit existing regulations and ensure they are adequately permissive to facilitate multifamily housing creation.
Program 3 Objectives (cont’d):
• Compare with Government Code (§65852.2) ADU provisions to see if regulations can be made to match ADU parking requirements permissiveness (e.g. proximity to transit, location in a significant historic district, etc.)
• Evaluate current parking requirements and discuss separating parking requirements for single-family and multiple-family developments.
• Evaluate current parking requirements and discuss allowing a minimum of one parking space per two units of multifamily housing.
• Consider allowing required parking spaces to be provided as tandem spaces. • Revise parking standards as identified by 2023.
Response: Based on the following analysis, it is the City’s assessment that the existing parking regulations facilitate residential and mixed-use development, and that the objectives the program to have been met.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 98 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
6 The Ferndale Zoning Ordinance requires one (1) off-street parking space per dwelling unit, and does not impose additional parking space requirements based on the number of bedrooms or based on the housing typology (e.g., single family vs. multifamily). The City’s adopted parking regulations do not prohibit off-street parking from being located in the yard setbacks or configured as tandem spaces. Nor does the Zoning Ordinance impose additional requirements on multifamily development that are not imposed on single family development, e.g., there no requirements that multifamily development provide covered parking.
The Ferndale Zoning Ordinance already stipulates that additional parking spaces are not required to convert a motel/hotel use to a residential use in the City’s designated historic district. Further, re-establishing a residential use in the historic district (in the event of a casualty) is exempt from the parking requirements per §7.16.6(b).
The City’s parking requirements, as described above, are consistent with State accessory dwelling unit (ADU) law parking requirements as specified in subparagraphs (A) and (B) of GC §66314(d)(10), and the City continues to regulate ADU development consistent with State ADU law. It is also noted that the City's parking standard of one space per dwelling unit aligns with the density bonus parking standard for zero to one bedroom units as indicated in subparagraph (1)(A) of GC § 65915(p); and unlike density bonus law, Ferndale’s parking requirements do not increase based on the number of bedrooms of a unit: see subparagraphs (B-C) of GC § 65915(p)(1).
An important condition is that the City of Ferndale is not served by public transit. The closest transit stop is 4.5 miles northeast in the hamlet of Fernbridge. Humboldt Transit Authority’s Redwood Transit System service headways at Fernbridge ranges from one to two hours, Monday through Friday. Ferndale’s lack of public transit is unlikely to change because the financial and ridership metrics (e.g., minimum fare-box ratio of 10%) are not projected to be met as has been documented in several Unmet Transit Needs Reports of Findings completed by the regional transportation agency, Humboldt County Association of Governments. Moreover, the City does not have the necessary capital to operate a transit service itself. Finally, an existing rail station as defined by AB 2097 does not exist within City limits or within a half-mile (0.50) of City limits.
The City has a track record of administering its parking regulations as written and consistent with the Housing Accountability Act: on September 26, 2023, a private property owner (Frink) applied for a use permit to add three attached market-rate dwellings units to a lot with an existing detached single family residence to be retained as part of adding the three new units. The project proposed to provide four off-street parking spaces, including one space located in the front yard setback, consistent with the Ferndale Zoning Ordinance. At the public hearings members of the public commented that the project should provide more off-street parking spaces, that the spaces be larger, and there should be greater on-site maneuvering space. On January 10, 2024, the Planning Commission unanimously approved the project and including the configuration of the off-street parking as proposed and without imposing any modifications to the number of units or configuration.
July 16, 2025
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CITY COUNCIL MEETING
_______________________________________________________________ 99 _______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
7 Program 5. Offer incentives such as density bonuses, permit streamlining and/or permit fee reductions/ waivers to developers to build senior and affordable housing.
The City of Ferndale has limited land available that could realistically support affordable housing.
The intent of this program is to create incentives that would encourage private developers and homeowners to invest in development of a variety of housing types affordable to low-and lowmoderate income households in Ferndale. This program is anticipated to provide incentives to a project(s) that would result in the creation of four affordable units in the planning period.
Program 5 Objectives:
• Consider waiving Use Permit fees for development projects in R3 or R4 proposing to create more units than allowed by-right, if 20% of proposed units will be deed-restricted for a minimum 20-year term.
• Consider waiving Use Permit fees for development projects in all zones that propose to rent to seniors (defined as 70 years of age or older).
• Consider allowing up to 2 more units by-right in R2, R3, and R4 zones for development projects that propose to rent to seniors (defined as 70 years of age or older).
Response: These three objectives establish local density bonus policy, and implementation is ongoing. The City implements its adopted density bonus ordinance consistent with State Density Bonus Law, although no density bonus requests have been submitted to the City since adoption of the 6th cycle Housing Element.
Program 5 Objective (cont’d):
• Explore financial methods available for City to assist in the creation of ADUs, including limited secured guarantees during construction, partnering with local banks/lenders to help facilitate the lending and financing process for ADUs, property tax moratoriums, City distribution of preapproved floorplans, etc.
Response: In 2022 and 2023, the City Council held public meetings to considered accessing its suballocation of Permanent Local Housing Allocation (PLHA) funding. The Council went so far as to adopt a 5-Year PLHA Plan, but ultimately the Council found the City did not have the capacity to administer their PLHA funding, and the cost to retain a qualified provider was not financially feasible. In February 2024, the Council adopted Resolution 2024-03, delegating its PLHA allocation to the City of Eureka.
Program 5 Objective (cont’d):
• Two parcels (APNs 031-032-007 and 030-181-008) have been identified as available for lower income RHNA development in the last two Housing Element Cycles; therefore, as required by Government Code §65583.2(c), proposed residential developments at these two sites within the C-2 and R-2 designations must be allowed by-right if at least twenty percent of units are proposed to be deed restricted affordable to lower-income households.
July 16, 2025
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CITY COUNCIL MEETING
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_______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
8 Response: As discussed as part of the Program 1 Response above, the PC’s recommended amendments to the R2 zone specifies a density of up to 18 dwelling units per acre, and explicitly state that multifamily dwellings and dwelling groups are principally permitted uses. These amendments are expected to be adopted by the Ferndale City Council on August 20, 2025, with the public hearing and first reading to be conducted on July 16, 2025. The R2 zone amendments go further than this Program’s objective and the rezone program requirements of GC § 65583.2(c) as understood by the City’s Contract Planner.
The lower income RHNA site referenced as APN 030-181-008 is zoned R2. Therefore, once the City Council adopts the pending zoning amendments described as part of the Program 1 Response above, the rezoning requirements of this objective of Program 5 and GC § 65583.2(c) will be met for this RHNA site because multifamily development will be principally permitted R2 zone.
The lower income RHNA site referenced as APN 031-032-007: when the 6th Housing Element was being prepared in 2019, the property owner was seeking City ministerial authorizations to develop a shed (design review permit and building permit approvals). Because a shed has since been constructed to the property, the City is replacing this lower income RHNA site that is comprised of the following:
• 8.6 acre portion of APN 030-091-030 and a narrow access strip that is identified as APN 030- 101-016, and are held in common, and is vacant.
The Lower Income RHNA replacement site is shown in Figure 1 below. This 8.6 acre portion of APN 030-091-030 has been redesignated from R1 to R2 as part of the 2024 Land Use Element update.
To implement this land use designation change, the Ferndale Zoning Map is being amended to change the site’s zoning from R1 to R2. On May 7, 2025, the Planning Commission approved Resolution 2025-04 that recommends the City Council adopt this Zoning Map amendment, and others. Like the Zoning Ordinance text amendments, this Zoning Map amendment (and others) are expected to be adopted by the Ferndale City Council on August 20, 2025. The R2 zone text changes will allow by-right multifamily and dwelling groups with a density of 18 dwelling units per acre described above will apply to this Lower Income RHNA replacement site. Upon adoption of the Zoning Map amendments, the City is prepared to amend its Lower Income Housing Element Sites inventory by completing and uploading HCD’s online electronic inventory sites form.
July 16, 2025
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CITY COUNCIL MEETING
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_______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
9 Figure 1
Program 6. Prioritize regulatory concessions to encourage Single Room Occupancy (SRO) units.
A single-room occupancy (SRO) unit usually is small, between 200 to 350 square feet. These units provide a valuable source of affordable housing for individuals and can serve as an entry point into the housing market for people who previously experienced homelessness. Many older SROs have been lost due to deterioration, hotel conversions, and demolition. The intent of this programs is to identify zoning and development standards that will allow and encourage the construction of new SROs. This program will assist people in extremely low-income (ELI) households.
July 16, 2025
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CITY COUNCIL MEETING
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_______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
10 Program 6 Objective:
• Update the Zoning Ordinance to specifically allow SRO units by-right in R3 and R4 zones.
Response: The City’s Contract Planner is actively developing SRO regulations for the City. Because the R4 zone will be removed from the Zoning Ordinance, and for the fact there are no lands presently zoned or designated R3, the SRO regulations will propose to add SROs as a use/housing type permitted in the R2, C1, and C2 zones in addition to the R3 zone. The R2, R3, C1, and C2 are zones where multifamily and mixed uses are permitted, including nonresidential zones that permit multifamily uses and there are lands presently zoned R2, C1, and C2 in the City. The City’s Contract Planner prepared similar amendments for the City of Point Area in 2024.
Timeline: The first PC public hearing is planned for August 2025; with a City Council public hearing, and first and second readings for adoption to be completed by December 2025.
Program 6 Objective (cont’d):
• Consider altering procedures to make existing hotels and multifamily structure demolition discretionary, such as requiring City Council review, to address the potential of converting to SRO rooms.
Response: The proposed amendments to allow SRO units as described above will include preparing amendments to establish demolition procedures including proposals to demolish existing hotels and multifamily development discretionary. It is noted that the Ferndale zoning regulations already incorporate the requirements of GC §65852.25 concerning reconstruction of multifamily development that is damaged or destroyed by fire.
Timeline: The first PC public hearing is planned for August 2025; with a City Council public hearing, and first and second readings for adoption to be completed by December 2025.
Program 7. Amend the Zoning Ordinance to allow agricultural employee housing for six or fewer persons to be treated the same as single family units in all zones (Health & Safety Code §17021.5); and allow bunkhouses of 36 or fewer beds or no more than 12 units the same as an agricultural use in zones allowing agricultural uses, as required by Health and Safety Code §17021.6.
The housing element must include an analysis of farmworker housing needs (Government Code Section 65583(a)(6)) and if the sites inventory does not identify adequate sites to accommodate the housing need for farmworkers the housing element must include one or more programs to provide sufficient sites to accommodate the need for farmworker housing “by-right” (Government Code Section 65583(c)(1)(C)). The intent of the program is to bring the City’s Zoning Ordinance into compliance with State law.
July 16, 2025
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CITY COUNCIL MEETING
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_______________________________________________________________ June 10, 2025 City of Ferndale
Response to 5.16.25 LOI
11 Program 7 Objective:
• Update the Zoning Ordinance to be consistent with Health and Safety Code §17021.5 and §17021.6 regarding agricultural employee housing.
Response: The zoning amendments propose to strike the definition of “Agricultural or Farm Labor Camp”, and add definitions for “Small Employee Housing” and “Large Employee Housing”, see Sections 3.06 and 3.31, respectively, consistent with State law. Additionally, on May 7, 2025, the Planning Commission recommended adoption of the following amendments to the Zoning Ordinance:
• The following zones are on track to be amended to permit “Small Employee Housing” byright: R1, R2, R3, above the 1st floor in Neighborhood Commercial (C1), Community Commercial (C2), and the Qualified combining zone (or -Q) zone. • The following zones are non-agricultural zones and permit residential uses with a use permit. These zones are on track to be amended to permit “Small Employee Housing” with use permit in the same manner as other residential uses in the same zone: on the 1st floor in C1, Highway Service Commercial (CH), Limited Industrial (ML), and Heavy Industrial (MH). • The following zones permit agricultural uses, and are on track to be amended to permit both “Small Employee Housing” and “Large Employee Housing” by-right: Agricultural Exclusive (AE), Agricultural Combining (or -A Zone), and Recreation Combining (or -X Zone). The proposed amendments to the AE and -A zones include provisions for allowing employee housing consistent with Health and Safety Code Section 17021.8. • The following zone permits residential uses with a use permit. This zone is on track to be amended to permit both “Small Employee Housing” and “Large Employee Housing” with a use permit in the same manner as other residential uses: Flood Plain (FP).
Timeline: As discussed herein, the City Council’s public hearing and 1st reading of zoning amendments are scheduled for July 16, 2025, and the second reading and adoption on August 20, 2025.
List of Attachments:
1. Planning Commission Resolution 2025-04, Recommending the City Council Adopt Amendments to the Zoning Ordinance and Ferndale Zoning Map.
a. Proposed Text Amendments to the Ferndale Zoning Ordinance, May 7, 2025 Public Hearing of the Ferndale Planning Commission (redline).
b. Proposed Ferndale Zoning Map dated April 15, 2025
2. City Council Resolution 2024-23 Adopting the Land Use Element of the Ferndale General Plan a. Adopted Land Use Element
3. Planning Commission Resolution 2024-01 Approving the Use Permit at 514 Shaw Avenue (Frink use permit) July 16, 2025
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_______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number: 13. c
Agenda Item Title: Report on the Housing Element 7th Cycle Update Presented By: City Planner
Type of Item: Action x Discussion x Information
Action Required: x No Action Voice Vote Roll Call Vote
STAFF RECOMMENDATION:
Receive and file the report on the 7th cycle housing update cycle.
DISCUSSION
The regional housing needs allocation (RHNA) process for the Humboldt region has begun. Figure 1 illustrates the process. This is the first step of the 7th cycle housing element update for the region, and is shown in orange in Figure 1. HCD is responsible for determining the regional housing need for each region’s planning body known as a “council of governments” (COG), with input from the Department of Finance.1 HCD has initiated consultation with HCAOG, which also involves comparing data related to demographic trends and housing conditions in the region. After this consultation, HCD will issue the final regional housing need number for the region, which is broken out by income categories. HCAOG staff anticipates that HCD will issue the final regional housing need number before the end of July 2025.
Once HCD issues the final regional housing needs number, then HCAOG must develop a methodology for allocating the regional housing need, which is submitted to HCD for review. HCD reviews the methodology to determine whether it meets the five statutory objectives (see Government Code Section 65584(d) for more information). HCAOG will be seeking input from the seven cities and the county on the methodology for allocation the regional housing need.
1 The Humboldt County Association of Governments (HCAOG) is the region’s planning body.
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_______________________________________________________________ Once HCD approves the methodology, it has to be adopted by HCAOG. Then HCAOG must develop a Regional Housing Need Allocation Plan (RHNA Plan). The RHNA Plan must be adopted by the COG at least one year before the next housing element due date. It is anticipated that the Humboldt region’s 7th cycle housing elements will be due in July 2027.
CONCLUSION
No formal action is required at this time.
July 16, 2025
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CITY COUNCIL MEETING
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_______________________________________________________________ Meeting Date: June 18, 2025 Agenda Item Number: 13.d
Agenda Item Title: Second Reading and Adoption of Ordinance 2025-02, an Ordinance Designating Fire Hazard Severity Zones in the City of Ferndale Presented By: City Planner
Type of Item: x Action Discussion Information
Action Required: No Action x Voice Vote Roll Call Vote
PROJECT SUMMARY
A public hearing for the introduction and first reading of Ordinance 2025-02, an Ordinance Designating Fire Hazard Severity Zones in the City of Ferndale. The Ordinance would designate Fire Hazard Severity Zones as recommended by California Department of Forestry and Fire Protection.
RECOMMENDED COUNCIL ACTION
1. Receive staff presentation and review questions with staff.
2. Council Discussion
3. Public Discussion
4. Motion to approve second reading and adoption of Ordinance 2025-02, read by title only.
BACKGROUND and DISCUSSION
Local Responsibility Areas (LRA) are incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. Private and publicly-owned properties (except for federally owned) are designated as Moderate, High, or Very High Fire Hazard Severity Zones. The owners of properties located in a High and Very High fire hazard severity zone (FHSZ) must comply with fire prevention measures, including defensible space, building codes, and real estate disclosures.
On February 24, 2025, the CAL FIRE’s Office of the State Fire Marshall (OSFM) issued the 2025 Recommended LRA FHSZ map for City of Ferndale along with FHSZ maps for the other LRA in Humboldt county. Although Ferndale does not have High or Very High Fire Hazard Severity Zones, because there are Moderate FHSZ areas within the City, the City must adopt the LRA map to be consistent with the requirements of Senate Bill 63 (Stern, 2021).
The OSFM FHSZ maps identify the potential hazard, not the immediate risk. The OSFM-recommended map for Ferndale (Exhibit A) shows properties inside Ferndale City limits and the adjacent unincorporated areas. There are 253 properties within city limits located south of Shaw and Rose avenues, generally, that are in the Moderate FHSZ. Areas of the City that are not in the Moderate FHSZ are mapped as non-wildland (unzoned LRA). The LRA map for Ferndale shows there are no High or Very High Fire Hazard Severity Zones in Ferndale, or in the adjacent unincorporate area.
Per State law, the City must adopt the CAL FIRE’s Office of the State Fire Marshall-recommended LRA map by ordinance within 120 days of its release. State law prohibits local agencies from decreasing the FHSZ level recommended by the OSFM.
Prior to adopting the applicable LRA map, the local agencies are required to post the locality’s recommended map for public review and comment for at least 30 days. Accordingly, the City posted the OSFM’s recommended LRA FHSZ map for Ferndale beginning on March 21 and accepted public comments until May 3, 2025. During the July 16, 2025
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_______________________________________________________________ public review period, the City did not receive any comments. At the City Council’s May 21, 2025, meeting the City Council received a report on the 2025 Local Responsibility Area (LRA) Fire Hazard Severity Zones (FHSZ) Map and the new requirements. As part of the agenda item, the public was given opportunity to provide comments on Ferndale’s LRA Map and the status report, and no substantive comments or other input was given on the agenda item.
A public hearing was held at the June 18, 2025 City Council Meeting. There were no comments received from the public at that time. The City Council unanimously approved the first reading of Ordinance 2025-02.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. City Planning staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review as both a ministerial action and under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). Adoption of the proposed ordinance is a ministerial action because adoption of the LRA map is required by Government Code Section 51179(a), and ministerial actions are statutorily exempt from CEQA pursuant to Public Resources Code Section 12080(b)(1), and State CEQA Guidelines Section 15002(i). Moreover, pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. CEQA only applies to projects that have the potential for causing a significant effect on the environment. The adoption of the fire hazard severity zone map is required by law, and not involving a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA
ATTACHMENT
• Ordinance 2025-02, An Ordinance of the City Council of the City of Ferndale of Humboldt County, California, Designating Fire Hazard Severity Zones in the City of Ferndale and Finding the Ordinance is Exempt from the California Environmental Quality Act
July 16, 2025
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_______________________________________________________________ ORDINANCE 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE OF
HUMBOLDT COUNTY, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES IN THE CITY OF FERNDALE
AND FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF FERNDALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. DESIGNATION OF FIRE HAZARD SEVERITY ZONES
(a) The City of Ferndale (City) hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. (b) In accordance with Government Code Section 51178.5, within 30 days after receiving the Fire Hazard Severity Zones as recommended by the State Fire Marshal, the City made the information available for public review and comment and presented the information in a format that was understandable and accessible to the general public including, but not limited to, maps.
SECTION 2. APPROVAL OF MAP
(a) The Official Map of Fire Hazard Severity Zones designated by the City of Ferndale is hereby attached as Exhibit A, incorporated by reference, and entitled “City of Ferndale Fire Hazard Severity Zones” dated May 9, 2025.
(b) The Official Map of Fire Hazard Severity Zones, dated May 9, 2025, is also located electronically on the City of Ferndale’s website at: https://ci.ferndale.ca.us/documents/laws/.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
(a) The City finds that this Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 12080(b)(1) and State CEQA Guidelines Section 15002(i), as a ministerial action required by Government Code Section 51179(a), and the general rule in CEQA Guidelines Section 15061(b)(3). Pursuant to the general rule CEQA only applies to projects that have the potential for causing a significant effect on the environment. The adoption of the fire hazard severity zone map is required by law, and not involving a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The City Council concurs in these findings and adopts them as its own.
SECTION 4. SEVERABILITY
(a) If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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_______________________________________________________________ SECTION 5. EFFECTIVE DATE
(a) The effective date of this ordinance is thirty (30) days after its adoption by the City Council. The Clerk shall cause this Ordinance to be published in manner required by Government Code Section 36933.
INTRODUCED and FIRST READING CONDUCTED at a regular meeting of the City Council of the City of Ferndale, California, on this 18th day of June 2025, by the following ROLL CALL vote of the City Council:
AYES: 4 (LUND/CADY)
NOES:
ABSTAIN:
ABSENT: 1 (OSTLER)
Randy Cady, Mayor
Attest:
________________________________
Kristene Hall, City Clerk
July 16, 2025
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_______________________________________________________________ SECOND READING CONDUCTED, PASSED, and ADOPTED at a regular meeting of the City Council of the City of Ferndale, California, on this 16 day of July 2025, by the following vote of the City Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Randy Cady, Mayor
Attest:
________________________________
Kristene Hall, City Clerk
July 16, 2025
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_______________________________________________________________ July 16, 2025
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_______________________________________________________________ Meeting Date: June 18, 2025 Agenda Item Number: 13.e
Agenda Item Title: Second Reading and Adoption of Ordinance 2025-01 Banning of Nitrous Oxide Sale or Distribution with Exceptions, by title only
Presented By: City Manager
Type of Item: X Action Discussion Information
Action Required: No Action X Voice Vote Roll Call Vote
STAFF RECOMMENDATION
1. Receive staff presentation and review questions with staff.
2. Council Discussion
3. Public Discussion.
4. Motion to approve second reading and adoption, by title only, of Ordinance 2025-01, Banning the sale of Nitrous Oxide Within the City Limits of Ferndale, with Exceptions.
DISCUSSION
Prepare and vote for adoption of an ordinance prohibiting any person in the City, with exceptions, to sell or attempt to sell, offer, distribute, or provide nitrous oxide to any person. The ordinance would address public health and safety concerns arising from the increasing misuse of nitrous oxide as a recreational drug within the City of Ferndale and Humboldt County. The ordinance would further align with the actions of statewide and neighboring jurisdictions to action against nitrous oxide abuse.
BACKGROUND: HUMBOLDT COUNTY ACTION AGAINST NITROUS OXIDE ABUSE Nitrous oxide is a chemical compound legally used in medical, dental, baking, and industrial applications.
However, abuse of nitrous oxide for recreational intoxication use has increased over the years, particularly among college-aged, high school-aged, and middle school-aged children and young adults. The State of California has provided for regulation against nitrous oxide abuse and sale to minors through adoption of Penal Code sections as of at least 1983. Recently, jurisdictions statewide have prepared and adopted ordinances and regulations in efforts to further combat nitrous oxide abuse. Locally, the County of Humboldt as well as various cities within Humboldt County have prepared and adopted ordinances banning the sale of nitrous oxide within their jurisdictions, with exceptions. The recent ordinances adopted by neighboring jurisdictions act beyond the California penal code by restricting sale of nitrous oxide to adults as well as minors, whereas the Penal Code restricts sale to minors exclusively.
At the June 18, 2025 City Council Meeting, a Public Hearing was held. Only one public comment was received in favor of the Ordinance. The Council then voted unanimously to approve the first reading..
ATTACHMENTS:
1. Draft Ordinance 2025-01
July 16, 2025
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_______________________________________________________________ ORDINANCE 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FERNDALE
MAKING IT UNLAWFUL FOR ANY PERSON IN THE CITY, WITH EXCEPTIONS,
TO SELL OR ATTEMPT TO SELL, OFFER, DISTRIBUTE, OR PROVIDE NITROUS
OXIDE TO ANY PERSON
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FERNDALE AS FOLLOWS:
SECTION 1. Findings
WHEREAS, nitrous oxide use continues to be an urgent public health challenge; and WHEREAS, medical authorities have linked the recreational use of nitrous oxide to serious health problems, including physical illness, mental illness, injury, and even death; and WHEREAS, nitrous oxide continues to gain popularity at an alarming rate, especially among college-aged, high school-aged, and middle school-aged children; and WHEREAS, nitrous oxide has legitimate purposes, including its use in cooking and cake decorating, and is commonly known to boost performance in automobiles. However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug; and WHEREAS, the California Penal Code, Section 381b, makes it a misdemeanor for anyone to intentionally inhale or ingest nitrous oxide for the purpose of causing intoxication, and anyone who is so intoxicated is also guilty of a misdemeanor; and WHEREAS, the California Penal Code, Section 381c, makes it a misdemeanor to sell or distribute nitrous oxide to anyone under the age of 18 (unless administered by and for medical or dental purposes by a licensed practitioner); and
WHEREAS, the California Penal Code, Section 381e, requires that anyone dispensing or distributing nitrous oxide must inform the purchaser that it is a violation of state law to knowingly distribute or dispense nitrous oxide to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication; and
WHEREAS, in spite of the state law prohibitions, there are loopholes that allow the distribution of nitrous oxide cartridges in quantities of many hundreds at a time without meaningful oversight, which puts members of the community at risk; and
WHEREAS, eliminating the sale and distribution of nitrous oxide in the City of Ferndale will reduce the number of persons in possession of and who use nitrous oxide as an intoxicating drug and will promote the public health, safety, and welfare; and WHEREAS, the City has the affirmative duty to protect the health, safety, and welfare of all its citizens and takes nitrous oxide abuse seriously.
SECTION 2.
A. DEFINITIONS. The following words and phrases as used in this section are defined as follows.
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1. DEVICE. “Device” means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.
2. NITROUS OXIDE. “Nitrous oxide” means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called, “laughing gas.”
3. PERSON. “Person” refers to any individual or other entity howsoever organized or constituted.
B. SALE OR DISTRIBUTION OF NITROUS OXIDE.
It is unlawful for any person not excepted hereafter to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide.
C. EXCEPTIONS.
This Ordinance does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains a quantity of nitrous oxide, in the following circumstances:
1. If the nitrous oxide is contained in a food product for use as a propellant.
2. If the nitrous oxide is being administered for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.
3. If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
4. This section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).
D. VIOLATIONS AND PENALTIES.
Any person violating this ordinance is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail of up to six months or by a fine of up to one thousand dollars ($1,000.00), or both.
E. ADMINISTATION AND ENFORCEMENT.
1. The Chief of Police of the City of Ferndale, or his/her designee, shall be responsible for the administration and enforcement of the provisions of this Ordinance.
2. Any violation of this Ordinance is subject to administrative, civil, or criminal penalties, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, a nuisance abatement action, summary abatement of immediately July 16, 2025
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3. This is an Ordinance adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted and enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations.
SECTION 3. CEQA DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Title 14, California Code of Regulations, Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 4. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 5. PUBLICATION. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Humboldt County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
SECTION 6. EFFECTIVE DATE. This Ordinance will be effective 30 days after the date of its adoption by the City Council.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Ferndale in the County of Humboldt, State of California, on the 16 day of July, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Randy Cady, Mayor
Attest:
________________________________
Kristene Hall, City Clerk
1st Reading 06/18/2025
2nd Reading
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_______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number 13.f
Agenda Item Title Approve Our Energy Proposal for Services and Standard Professional Services Agreement For Microgrid Grant Application and Direct City Manager to Sign.
Presented By: City Manager
Type of Item: x Action Discussion Information
Action Required: No Action x Voice Vote Roll Call Vote
RECOMMENDATION:
Approve OurEnergy Proposal for Services and Standard Professional Services Agreement For Microgrid Grant Application and Direct City Manager to Sign.
BACKGROUND:
Our Energy presented our proposal to the city council on May 21st to support the city in a MIP (Microgrid Incentive Program) grant application. The council unanimously voted to proceed forward. Our proposal we're presenting herein defines the details of what we already presented on May 21st.
On June 17th Our Energy had an initial consultation with PG&E and they confirmed that having a microgrid in Ferndale aligns with the goals of their grant program and that Ferndale would be eligible to apply for a grant. We would like your approval of our proposal to support the city in the grant application process as well as approval of our professional services agreement, which forms the basis of a relationship for our consulting services.
Thank you for your consideration and we look forward to supporting Ferndale in this important initiative.
1. OurEnergy Proposal for Services Agreement
2. OurEnergy Standard Professional Services Agreement
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_______________________________________________________________ Proposal:
MIP Tranche 2 Study & Grant
Application
Date: June 24, 2025
101 Copper Street
Santa Cruz, CA 95060
+1 (831) 200-3969
ourenergy.com
Prepared for:
Jay Parrish
City Manager
City of Ferndale
834 Main St.
Ferndale, CA 95536
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June 24, 2025
Jay Parrish
City Manager
City of Ferndale
834 Main St.
Ferndale, CA 95536
Subject: MIP Tranche 2 Study & Grant Application
Dear Mr.Parrish,
OurEnergy enthusiastically offers our infrastructure consulting, design, and development services for consideration by the City of Ferndale (Ferndale).
OurEnergy’s reputation is built upon deep expertise, integrity, and commitment to excellence. We assist clients to plan and implement the most cost-effective renewable energy, electrification, and advanced energy systems to decrease emissions, increase resilience, reduce energy costs, and achieve zero carbon goals. We operate independently from systems and equipment vendors to ensure that you will get optimized, unbiased recommendations and designs.
Attributes that make our firm exceptionally qualified include:
● Deep understanding of renewable and advanced energy technologies, products, economics, and industry trends.
● A focus on risk management, supporting financial decisions with sophisticated risk analysis and mitigation.
● Highly vetted approach and process.
● A complete, full-service menu of advanced energy project development services, from feasibility through operations & maintenance.
● OurEnergy inherently takes a technology-agnostic approach to find the most appropriate solutions.
● Flexible and nimble. We offer a range of contract structures from Owner’s Engineer to full scope development as a service.
This is an exciting project that fits our expertise and infrastructure service offerings well. We would be deeply honored and excited to earn an opportunity to work with Ferndale and ideally build a long-term, fruitful relationship.
Sincerely,
Dustin Jolley, PE, LEED AP
CEO, Founder & Principal
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Project Background
OurEnergy understands that Ferndale is interested in applying for grant funding toward studying, designing, and building a community-resilience microgrid.
The California Public Utilities Commission (CPUC) is offering up to $14 million in grant funding to qualifying participants, including municipalities. There are two additional buckets of funding for MIP awarded projects: $1M for the Interconnection Upgrands and Facilities and up to $3M for Special Facilities costs. The grant fund is referred to as the “Microgrid Incentive Program” (MIP). The purpose of a MIP grant is to provide funds for study, design, construction, and commissioning of a microgrid that energizes critical community facilities. In Northern California, Pacific Gas & Electric (PG&E) is administering the MIP program.
Toward processing and evaluating the MIP application, PG&E requires that the applicant work with a qualified engineering firm to: 1) perform a preliminary techno-economic feasibility study, 2) represent and advise the city in a series of technical meetings with PG&E, and 3) compile and submit all MIP application-required documentation. To help applicants offset the costs of the study and grant application, MIP offers a $25,000 application development grant to cover costs for submission of a conforming MIP application, regardless of whether a MIP grant is ultimately awarded.
To apply for a MIP grant, an applicant must meet two key criteria. Applicants must be both vulnerable to PG&E outages and be located in a Disadvantaged and Vulnerable Community (DVC), based on historical and census data. Ferndale meets both of these criteria. PG&E data indicate vulnerability to elevated earthquake risk and Ferndale to be in a rural area, which qualifies as a DVC.
The primary goal of the MIP grant is to increase critical infrastructure resilience against PG&E energy supply limitations, power shutoffs, and natural disasters. Another goal is to deliver economic benefits, including potentially reduced energy bills and/or reduced future energy infrastructure upgrade investments for the city and the community. Further, by utilizing any renewable energy resources that prove to be feasible, there will be environmental benefits as well.
For the purpose of MIP grants, a microgrid is defined as a collection of PG&E-metered accounts combined with front-of-meter interconnected and qualifying behind-the-meter distributed energy-generation resources (DERs) (e.g., solar, wind, generators, etc.) that are contained within a clearly defined electrical distribution boundary. A MIP-funded microgrid must offer the ability for at least two separate meter accounts to disconnect from and reconnect to PG&E’s grid.
Common terms used to describe fundamental microgrid capabilities are “blue sky mode” and “island mode.” In “blue sky mode” PG&E’s grid is operating normally and the microgrid and microgrid DERs are interconnected with PG&E. In “island mode” the microgrid disconnects from PG&E’s grid and utilizes its own energy generation, independently from PG&E, for up to a specified period of time. MIP qualifications require a minimum capacity of 24 hours of independent operation, should PG&E power June 24, 2025 Page 2
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go out. Microgrid customers often prefer the ability to sustain protection against grid power outages for longer than 24 hours.
Any grant to be applied to the funding of the design and construction of a community microgrid would be awarded via a competitive process. There is no guarantee that any applicant will be awarded a grant or that a full amount of $14 million will be awarded.
PG&E has provided a point system by which the MIP grant awards will be scored. During the preliminary feasibility study and grant application process, OurEnergy will apply its expertise and work with Ferndale staff to evaluate and propose a microgrid approach to optimize the best possible competitive scores for Ferndale’s grant application.
OurEnergy and Ferndale staff members have already engaged in an initial informational consultation with PG&E. PG&E has indicated that Ferndale scores highly in its qualifications for a MIP grant. Thus all conditions look quite favorable for Ferndale’s grant application to qualify for, at the very least, a $25,000 study and application reimbursement.
Regardless of whether a MIP design/construction grant is awarded, as long as Ferndale and OurEnergy work together to satisfactorily complete the MIP application’s required checklist and propose a conforming project, PG&E will reimburse up to $25,000 toward consulting and grant application submission.
OurEnergy is expertly qualified and would be honored to assist Ferndale toward studying the feasibility of a municipal microgrid project, making optimized planning recommendations, and submitting the highest quality MIP grant application.
Proposed Approach & Scope
Task 0: Project Setup, Management, Support, & Administration This task encompasses schedule and budget management, regular updates on progress, deliverables, and planned tasks. Regular check-ins will be scheduled to ensure scope, schedule, and budget remain aligned and provide maximum value to the Project.
Task 1: Discovery & Fact Finding
To lay the groundwork for a preliminary feasibility study, OurEnergy will meet with city staff to consider multiple microgrid boundary options that could encapsulate and serve power to select prioritized sites or facilities.
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Upon approval of this proposal, OurEnergy will engage with city staff to narrow the microgrid options down to the ones that are most likely to win a grant award.
Although additional government grants and/or public/private funding options may be available to finance such a project, a winning MIP application will require a strategic approach and may not include a request for the maximum funding amount. It is important to note that for the MIP program, a smaller grant request, or a grant request that includes third-party funding, can score more highly in the competition, because overall scoring is based on the community benefit scoring divided by the amount of grant funds requested.
During Task 1, OurEnergy will:
● Meet with City staff and discuss PG&E’s scoring system and consider location options. ● Collect information to support evaluation of microgrid boundary options, including:
○ Factors driving needs for improved resilience
○ Predicted community benefits
○ Number of PG&E meter accounts included
○ Number of PG&E microgrid isolation points required
○ Energy use history, trends, and projections for future needs ○ Pre-existing energy resources that may be utilized to reduce microgrid costs ○ Size, type, configuration and location(s) of new microgrid DERs ○ Overall MIP scoring considerations
● Analyze and report on the information collected
● Recommend microgrid boundary options best suited to score highly toward the MIP grant application.
Task 2: MIP Stage 1: Consultation
OurEnergy’s Task 2 is to assist the City in entering Stage 1 of the MIP grant application process. This requires a series of technical consultations with PG&E, whereby OurEnergy and the City will present and iteratively refine a microgrid project proposal with PG&E’s involvement.
From this Task 2 through the completion of Task 3 with the concluding deliverables of this proposal, OurEnergy will follow PG&E’s requirements for a conforming MIP application, specified in “Stage 1:
Consultation” and “Stage 2: Application” as documented in the PG&E MIP Handbook, found at https://www.pge.com/assets/pge/docs/save-energy-and-money/rebate-and-incentives/PGE-MIP-Handb ook.pdf
The goals of PG&E’s Stage 1 are to:
● Identify resiliency needs within the community
● Discuss potential projects/energy solutions to meet the community’s need ● Review the eligibility requirements for MIP funding
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● Discuss with Applicant’s engineering partner any design challenges, and coordinate on solutions in preparation for application
OurEnergy and City staff have already completed an Initial Resilience Consultation with PG&E, as described on page 15 of the PG&E MIP Handbook. Based on this consult, PG&E provided the go ahead to request the next step, a Microgrid Technical Consultation.
The following deliverables are required during the technical consultation process:
● Proposed Single Line Diagram (30% design)
● Proposed Site Map, including:
○ Planned Project Resources
○ Proposed Microgrid Electrical Boundary
○ Proposed Point of Interconnection for planned and existing Project Resources ○ Proposed Microgrid Islanding Point, if known
○ Location of controls and networking rack, if known
● Proposed new generation type and size (e.g., Battery Energy Storage System – 1 MW/2MWh) and manufacturer, if known
● When in Island Mode, the desired minimum number of consecutive hours of service ● Technical Representation
○ Engagement Letter from the Applicant Engineer (OurEnergy) ○ Name and contact for any engineering or development resources assisting the community (one contact per involved party)
○ Applicant experience attestation
Following a continuing series of project feasibility evaluation actions and PG&E technical consultations, PG&E will provide templates to begin reviewing contractual conditions and processes that will emerge from the grant application process. Those templates will include:
● MIP Grant Agreement
● Information on the generator interconnection process
● Microgrid Island Study Agreement
● Microgrid Special Facilities Agreement
● Microgrid Operating Agreement (MOA)
Task 3: MIP Study & Application Stage 2: Application
At the completion of this Task 3, OurEnergy and City staff will have submitted a MIP grant application to PG&E.
The goals of PG&E’s Stage 2 are:
● Develop and gather information for your MIP Application ● Complete and submit the MIP Application to PG&E during a MIP Application Window June 24, 2025 Page 5
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● Complete the Grant Agreement
OurEnergy will compile, review with Ferndale staff, and submit the following MIP Application requirements as defined in the handbook and outline below:
Project Description
● Executive Summary describing the project, the resilience need it serves, its location, microgrid boundary and islanding point(s)
● A demonstration of how the project meets eligibility requirements “A” (Vulnerable to Outages) and “B” (Disadvantaged and Vulnerable Community)
● Locations of all Project Resources (both existing and planned), and any known non-project resources
● Additional information necessary to score the project:
○ The number of California Alternate Rates for Energy Program (CARE) and/or Family Electric Rate Assistance Program (FERA) or otherwise vulnerable customers, including an attestation from local or tribal authority having jurisdiction for vulnerable customer data
○ The number and description of Critical Facilities and Community Resilience Service facilities located within the microgrid project’s boundary ● Summary project cost estimate and Application Incentive Request, with details to be provided in Attachment section:
○ Actual costs incurred [or expected to be incurred] to develop the MIP Application (Application Development Grant request, capped at $25k) ○ Total estimated project cost that the community anticipates incurring and that is eligible for reimbursement
○ Amounts that will be funded by your organization, other organizations or grants, and the MIP (Application Incentive Request)
○ Calculations showing how the Applicant accounted for actual and estimated costs eligible for funding under the MIP and actual and estimated non-MIP revenue sources, to arrive at the amount of its MIP incentive request.
Participating Loads and Project Resources
● Hourly aggregate load profiles of the customers within the microgrid boundary, including a forecast of how these metered load profiles will grow over the lifetime of the microgrid project (10 years). This information will be provided by PG&E during the Technical Consultation. ○ The number and types of planned and existing IFOM and BTM Project Resources (solar, wind, battery-based energy storage, etc.) and, if known, planned and existing IFOM and BTM non-Project Resources.
○ Each Project Resource’s manufacturer, technical data and operating parameters ○ If these Project Resources currently exist or if they will be new and need to submit an interconnection request to the utility
○ A brief showing how these Project Resources will support the load of the customers and facilities connected to the microgrid (detailed engineering analysis to be provided in Attachments)
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● An estimate of the greenhouse gas emissions per kilowatt/hour (kWh) of electricity generated by Project Resources and Non-Project Resources when the Microgrid Project is in Island Mode.
Required Attachments
AIR Request, including the following information:
● Detailed estimate of costs to be incurred for those activities and facilities that are eligible for reimbursement under the MIP.
● Detailed accounting of actual application development costs incurred, subject to reimbursement up to $25k through the Application Development Grant.
● Breakout of costs to be funded by:
○ Self (community or CMG Aggregator) funding
○ Other grants or other sources
○ MIP
● Attestations/letters of support from local and tribal governments; if applicable ● Microgrid Proposal detailing MIP technical eligibility, including:
○ A 30% single-line diagram of the proposed microgrid that describes the microgrid’s:
■ Microgrid Islanding Point(s)
■ Boundary, e.g., geographic polygon indicating boundary ● Project Resources and Balance of System to extent known ○ Project site(s) details:
■ Location(s)
■ The status of control your organization will have over the project site(s) ■ Customers to be energized
■ Permits you will need to secure to deploy and operate your microgrid’s Project Resources
○ Microgrid development plan
○ An engineering analysis demonstrating how the proposed microgrid’s Project Resources will support the projected loads for a minimum of 24 consecutive hours in Island Mode. ○ Copies of any relevant Interconnection Study applications for Project Resources (as applicable)
All of the above Tasks 1-3 will culminate in a complete, compliant and successfully submitted MIP application.
Project Schedule & Budget
Upon Ferndale executing an agreement and issuing a Notice to Proceed (NTP), OurEnergy will provide the Scope of Work on an ongoing basis, and will continuously assist in aligning and maintaining our services and the services of other contractors under our management with Ferndale’s schedule of development. Should circumstances or conditions result in a schedule change, OurEnergy will work with Ferndale to provide the Scope of Work on a mutually agreed upon schedule. An estimated schedule is provided below.
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OurEnergy proposes to provide the Scope of Work on a T&M (time and materials) basis, with a not to exceed (NTE) budget of $25,000 for work performed up to grant application submission. From the applicant development grant reimbursement, Ferndale may then utilize up to $5,000 from the $25,000 total to offset its own staff costs for time spent working with OurEnergy on the study and grant application. Ferndale must track their time spent and provide a summary of hours and associated costs in order to receive the reimbursement.
OurEnergy’s consulting-reimbursable budget by task is estimated in the table below. A $5,000 deposit is due on NTP. We will invoice monthly on progress, net 30-days, and will only invoice up to $20,000 in total until the grant application is complete and the City’s costs are defined.
Standard 2025 labor rates are attached. Labor rates are subject to routine annual increases.
We may utilize specialty subcontractors as-needed and on prior approval. We will outline specific tasks for subconsultants where practical, planned in advance and approved by Ferndale.
TASK MILESTONE BUDGET
Initial PG&E Consult
T0 Project Setup & Support $5,000
T1 Discovery $5,000
T2 MIP Stage 1 Study $5,000
T3 MIP Stage 2 Application $10,000
Total $25,000 (Less
City Hours)
Upon approval of this proposal, OurEnergy will invoice Ferndale for a $5,000 good faith deposit. Work will commence following OurEnergy’s receipt of the deposit.
Note that a conforming grant application also requires collaboration and participation from City staff to provide City controlled information, reviews and approvals. Should the City abandon the application before it is completed, or should the City not comply with application-required information requests, then the remaining balance to hit the $25,000 application development grant amount will be due to OurEnergy, regardless of whether the application is deemed acceptable by PG&E.
When Ferndale receives the $25,000 Consulting Reimbursement from PG&E, it may refund itself for the hours incurred, with an NTE of $5,000, and pay OurEnergy the remaining amount owed (the difference between the City’s 5,000 NTE and City’s cost incurred).
Any changes in level of effort or forward planning outside those referenced here that may justify a change in scope or compensation will be flagged in the monthly report and can be adjusted with the Ferndale team as needed. We will not incur costs beyond the NTE amount without prior approval.
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Additional lump-sum or Time and Materials (T&M) scope additions (add services) may be negotiated and amended on an as–needed basis. We are also open to discussing structures that may be preferable to the client.
Project Team
Below are the core OurEnergy team members currently planned to support these efforts:
● Dustin Jolley, PE, LEED AP | Principal in Charge
○ Mr. Jolley will be the Principal in Charge and will be the lead technical expert overseeing all technical aspects of the project.
● Nicole Smith | Program Manager
○ Mrs. Smith will serve as the primary point of contact during the grant application and will be supporting the project team and helping coordinate the timeline and tasks. ● Eric Bastoul, PE | Director of Engineering
○ Mr. Bastoul will serve as the lead engineer and will coordinate with the engineering team on the technical deliverables.
● Meera Bhasin, EIT | Electrical Engineer
○ Ms. Bhasin will provide technical, analytical, design and project/task management support as needed.
Other team members and specialists may be submitted, following further discovery and project scoping.
Company Profile
OurEnergy is a consulting/engineering and project development services company headquartered in Santa Cruz, California. We are a California-registered Small Business Enterprise that serves clients and projects spanning an international footprint, from across the United States, Latin America/Caribbean, Pacific Islands, and Africa.
Combining our own expert professionals with a highly vetted cadre of collaborative partners, we are equipped to serve any size sustainable systems infrastructure project from concept to completion.
We work alongside industry collaborators in a variety of energy, sustainable design, consulting, and construction projects. These include renewable energy, green building, resilient infrastructure, systems management & automation, asset portfolio management, and low-impact development.
We serve select clients developing mission-critical infrastructure and facilities including corporate and institutional campuses, commercial and industrial facilities, public infrastructure, ports/airports, municipalities, utilities, and others.
Our core team has held technical and managerial roles in implementing over 2GW of renewable energy technologies for commercial/mixed-use, industrial, municipal, and utility-scale projects. OurEnergy has June 24, 2025 Page 9
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played a key role in implementing over 250 MW of solar and renewables projects now operational and currently has over 1 GW in planning and development phases.
With respect to one of our many specialties, we are proud to be a leading developer of advanced microgrids. We’ve pioneered and deployed new and innovative project structuring, technical architectures, and systems approaches. We’re paving the way for what we view as a more resilient, participatory, and sustainable grid of the future.
OurEnergy’s range of services can be best characterized as full-scope project and program development services. We expertly execute processes starting with early planning, strategy, and feasibility, and continuing through implementation of complete engineering, procurement, construction management, commissioning and asset management (EPC/M).
We are agnostic and independent of any product manufacturers, meaning we can specify the most appropriate technologies and competitive solutions. Our goal is to optimize around our customer/stakeholders circumstances, their desired solutions, and what constitutes the right delivery team. We leverage global procurement strength along with our commitment to local partnerships. We view every engagement as a commitment to the project lifecycle and we will always strive to find creative solutions, add value, and drive impactful results.
Closing Notes
Thank you for the opportunity to work with you on this exciting project. Please feel free to contact me with any questions:
Dustin Jolley | CEO, Founder & Principal
Office: (831) 200-3969
Direct: (831) 252-0093
Email: [email protected]
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_______________________________________________________________ Schedule of Standard Billing Rates
Effective through December 2025
Professional Personnel ($/person-hour)
Managing Principal $340.00
Principal / Director $320.00
Sr. Project/Program Manager / Sr. Engineer / Sr. Professional $235.00 Project/Program Manager / Sr. Associate / Engineer $225.00 Associate / Professional $205.00
CAD/GIS Technician / Jr. Associate $170.00
Project/Program Administrator $95.00
Expert Witness Services $415.00
Reimbursable Expenses
Sub-Consultants Direct Cost x 1.15
Materials and Other Direct Costs Direct Cost x 1.15
Travel
Applicable Federal
Mileage Rate or Direct
Cost x 1.10
Per Diem Allowance
(may vary by location, not including Lodging) $220/day
101 Cooper Street, Santa Cruz, CA 95060 ● 831.200.3969 ● ourenergyco.com July 16, 2025
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SHORT FORM MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
City of Ferndale
AND
OurEnergy
THIS AGREEMENT (“Agreement”) for Professional Services, (together with the attachments hereto) dated and effective as of 07/16/2025 (the “Effective Date”), is hereby made and entered into by and between City of Ferndale, a corporation, (hereinafter “Client”) having a place of business located at 834 Main Street, Ferndale, CA, 95536 and OurEnergy LLC, a California Limited Liability Company (hereinafter “OurEnergy”) having a place of business located at 101 Cooper Street, Santa Cruz, CA 95060. OurEnergy and Client are each individually referred to as a “Party” and collectively as the “Parties”.
The Parties agree as follows:
1. WORK AUTHORIZATIONS
1.1 OurEnergy agrees to undertake and perform certain consulting and professional services (“Services”) in accordance with the terms and conditions contained herein, as may be requested by Client from time to time. The Services to be performed, OurEnergy’s compensation, and the schedule for performance for each task shall be described in one or more authorizations issued to OurEnergy by Client, the form of which is attached hereto as Attachment 1 (“Work Authorization”). A Work Authorization shall be valid and binding upon the Parties only if accepted in writing by Client and OurEnergy. Each duly executed Work Authorization shall be subject to the terms and conditions of this Agreement, except to the extent expressly modified by the Work Authorization.
1.2 It is the expressed intent of the Parties that this Agreement shall be made available to subsidiaries and affiliated companies of OurEnergy. For the purposes of this Agreement, as it applies to each Work Authorization, the term “OurEnergy” shall mean either OurEnergy as defined above or the subsidiary or affiliate of OurEnergy identified in the Work Authorization. The applicable Work Authorization shall clearly identify the legal name of the entity accepting the Work Authorization.
2. PAYMENTS FOR SERVICES
2.1 Unless otherwise stated in a Work Authorization, payment shall be on a time and materials basis in accordance with the Hourly Rates listed in the Schedule of Fees and Charges referenced in the Work Authorization. Hourly Rates shall be adjusted annually (as of the effective date of the applicable Work Authorization) to reflect equitable changes in the compensation payable to OurEnergy. Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If payment is not received within thirty (30) days from the due date of such payment, OurEnergy may suspend further performance under one or more Work Authorizations until payments are current. Client shall notify OurEnergy of any disputed amount within fifteen (15) days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. Client shall pay an additional charge of one percent (1.5%) per Rev. 3 – October 2024 Short Form Master Agreement for Professional Services 1 July 16, 2025
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_______________________________________________________________ month or the maximum percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action for invoice amounts not paid, attorneys’ fees, court costs, and other related expenses shall be paid to the prevailing Party.
2.2 Client shall reimburse OurEnergy for all taxes, duties and levies such as Sales, Use, Value Added Taxes, Deemed Profits Taxes, and other similar taxes which are added to or deducted from the value of OurEnergy’s Services. For the purpose of this Article such taxes shall not include taxes imposed on OurEnergy’s net income, and employer or employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries or any agency or subdivision thereof in which OurEnergy subsidiaries, affiliates, or divisions are permanently domiciled. It is agreed and understood that these net income, employer or employee payroll taxes are included in the unit prices or lump sum to be paid to OurEnergy under the applicable Work Authorization.
2.3 Where charges are “not to exceed” a specified sum, OurEnergy shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a “not to exceed” sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions, including, without limitation, changes in laws or regulations occurring after the budget is established, or other circumstances beyond OurEnergy control, shall be a basis for equitable adjustments in the budget and schedule.
3. CONFIDENTIALITY
3.1 For a period commencing with the disclosure of any confidential information under this Agreement and/or a Work Authorization(s) and ending on the second anniversary such disclosure was first made, OurEnergy and Client each agree not to disclose to third parties, including also subcontractors and vendors (unless such subcontractors and vendors have a need to know and are bound to similar obligations of confidentiality), any information that is identified as confidential in writing on the materials made available to the other Party hereunder.
4. WARRANTY AND STANDARD OF CARE
4.1 OurEnergy warrants that any consulting and professional Services performed by it under a Work Authorization shall be performed in accordance with that degree of care and skill ordinarily exercised by members of OurEnergy’s profession practicing at the same time in the same location. OurEnergy’s sole liability to Client for any non-conforming Services shall be to re-perform the non-conforming or defective Services, written notice of which must be promptly given by Client to OurEnergy. OurEnergy’s obligation for re-performance of non-conforming Services as set forth in the preceding sentence shall extend for a term commencing at the substantial completion of such Services under a Work Authorization and ending one year later.
4.2 OurEnergy makes no warranties or guarantees, express or implied, under this Agreement or otherwise in connection with consultants’ services.
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5. WORK BY OTHERS
5.1 The performance by OurEnergy of Services under a Work Authorization shall not constitute an assumption by OurEnergy of the obligations of Client or its other contractors. OurEnergy shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs, or precautions connected with the work of Client or its other contractors, and shall not manage, supervise, control or have charge of construction. Client shall require OurEnergy to be named as an additional insured along with Client on any liability insurance policies provided by Client’s construction contractors. To the fullest extent permitted by law, Client shall defend OurEnergy against any claim, suit or proceeding asserted by one of its other contractors and indemnify, defend and save harmless OurEnergy from any and all actual or alleged claims and losses (including, without limitation, attorney’s fees) sustained by such contractor in connection with the Services, regardless or whether or not any of the foregoing arose out of the negligent acts or omissions of OurEnergy.
6. INSURANCE
6.1 In the event OurEnergy performs Services under any Work Authorization in connection with a project for which Client or another party with which Client has contracted obtains all-risk or builder’s risk property insurance, Client, as the case may be, shall name, or shall cause such other party to name, OurEnergy as an additional insured on such all risk or builder’s risk property insurance. Client acknowledges that OurEnergy has an insurable interest in such all risk or builder’s risk property insurance.
6.2 OurEnergy and Client each waive all rights of recovery and subrogation against each other with respect to a loss occurring to property of the other, to the extent that such waivers do not invalidate the property insurance of either.
6.3 Upon Client’s written request, OurEnergy shall maintain during the performance of Services under a Work Authorization the following insurance coverage:
6.3.1 Commercial General Liability including Products and Completed Operations, Contractual Liability for non-professional services claim with a combined single limit of $1,000,000 per occurrence and in the aggregate;
6.3.2 Automobile Liability Insurance with a combined single limit of $1,000,000 for bodily injury and property damage with respect to vehicles either owned, if any, non-owned, and leased by OurEnergy in the performance of Services under the Agreement.
6.3.3 Professional Liability Insurance in the amount of $500,000 per claim and $1,000,000 in the aggregate.
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6.3.4 If requested, Client and OurEnergy shall each furnish to the other duly executed certificates of insurance, indicating that policies with respect to the aforementioned insurance have been issued and that such policies contain provisions regarding prior notification of cancellation.
7. INDEMNITY
7.1 Each Party shall indemnify and save harmless the other Party, its officers, directors, employees and affiliates harmless from any loss, cost or expense claimed by third parties, excluding employees of either Party, for property damage and/or bodily injury, including death, to the proportionate extent such loss, cost or expense arises from the negligence or willful misconduct of the indemnifying Party, its employees or affiliates in connection with any Services.
7.2 Notwithstanding any other provision contained elsewhere in this Agreement to the contrary and to the fullest extent permitted by law, Client shall be liable for and indemnify and save harmless OurEnergy, its officers, directors, employees and affiliates harmless from and against any and all actual or alleged claims, damages (including incidental, consequential, indirect and special damages), losses, and expenses (including, without limitation, all penalties, attorney’s fees, fines and administrative or civil sanctions arising out of or related to such claim) (collectively “Losses”) arising out of: (1) economic and non-economic loss suffered by third parties; and/or (2) investment decisions of Client or third parties in reliance upon the results of the Services, regardless of whether or not any of the foregoing arose out of the negligent acts or omissions of OurEnergy.
7.3 The indemnity and save harmless obligations of OurEnergy and Client under this Article 7 shall not apply with respect to any Hazardous Material, as OurEnergy’s and Client’s rights and obligations with respect thereto are set forth in Article 10.
8. WAIVER OF CONSEQUENTIAL DAMAGES
8.1 Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law, neither Client nor OurEnergy shall be liable, whether based on contract, tort, negligence, strict liability, warranty, indemnity, error and omission or any other cause whatsoever, for any consequential, special, incidental, indirect, punitive or exemplary damages, or damages arising from or in connection with loss of power, loss of use, loss of revenue or profit (actual or anticipated), loss by reason of shutdown or non-operation, increased cost of construction, cost of capital, cost of replacement power or customer claims, and OurEnergy hereby releases Client and Client hereby releases OurEnergy from any such liability.
9. LIMITATION OF LIABILITY
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9.1 Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law, in no event shall the total cumulative aggregate liability of OurEnergy, its subconsultants, and their respective partners, officers, directors, shareholders, employees, and agents (referred to collectively in this Article as “OurEnergy”) to Client resulting from, arising out of or in connection with the performance or nonperformance of any or all Services or other obligations under a Work Authorization, exceed $250,000 or ten percent (10%) of the compensation paid OurEnergy pursuant to such Work Authorization, whichever is less, or extend beyond the expiration of the warranty period under Article 4 for the Services performed under the Work Authorization, regardless of the legal theory under which such liability is imposed. The remedies stated in the Agreement are Client’s sole and exclusive remedies for any failure by OurEnergy to comply with obligations to Client, and Client hereby irrevocably waives any right to assert a claim against OurEnergy based on a legal theory that a remedy provided herein fails of its essential purpose.
10. HAZARDOUS MATERIAL
10.1 Nothing in this Agreement shall be construed or interpreted as requiring OurEnergy to assume the status of, and Client acknowledges that OurEnergy does not act in the capacity nor assume the status of, Client or others as a “generator,” “operator,” “transporter,” or “arranger” in the treatment, storage, disposal, or transportation of any hazardous substance or waste as those terms are understood within the meaning of the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or any other similar federal, state, or local law, regulation, or ordinance. Client acknowledges further that OurEnergy has played no part in and assumes no responsibility for generation or creation of any hazardous waste, pollution condition, nuisance, or chemical or industrial disposal problem, if any, which may exist at any site that may be the subject matter of any Work Authorization.
10.2 It is acknowledged by both Parties that the Services do not include services related to regulated substances, pollutants, or hazardous or toxic wastes (“Hazardous Material”). In the event OurEnergy or any other party encounters undisclosed Hazardous Materials, OurEnergy shall notify Client and, to the extent required by law or regulation, the appropriate governmental officials, and OurEnergy may, at its option and without liability for delay, consequential or any other damages to Client, suspend performance of Services on that portion of the project affected by Hazardous Material until Client: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous material; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law, Client shall indemnify, defend, and save harmless OurEnergy and its affiliates, subconsultants, agents, and suppliers of any tier, and any and all employees, officers, directors of any of the foregoing, if any, from and against any and all Losses which arise out of the performance of the Services and relating to the regulation and/or protection of the environment, including, without limitation, Losses incurred in connection with characterization, handling, transportation, storage, removal, remediation, disturbance or disposal of Hazardous Material, whether above or below ground and not brought to a Client site or other proposed project site by OurEnergy in the performance of the Services without Client’s approval.
11. CHANGES
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11.1 The Parties may from time to time by mutual agreement seek to modify, extend or enlarge the Services under a Work Authorization (“Modification”). In the event the Parties agree to a Modification to add additional Services, or to make other modifications to the Services, OurEnergy’s compensation, the schedule and any other relevant terms and conditions of the applicable Work Authorization shall be equitably adjusted prior to performance of such Services.
12. OWNERSHIP OF DOCUMENTS
12.1 OurEnergy grants to Client a transferable, irrevocable and perpetual royalty-free license to retain and use all work products delivered to Client for any purpose in connection with the project specified in each Work Authorization, upon full payment by Client for OurEnergy’s Services. Client also may use such work product for other purposes with OurEnergy’s written consent. Re-use of any such work product by Client on any extension of the project or on any other project without the written authorization of OurEnergy shall be at Client’s sole risk and Client shall indemnify, defend and save harmless OurEnergy and its affiliates, consultants, agents, subcontractors and suppliers of any tier, and any and all employees, officers and directors of any of the foregoing, if any, from and against any and all Losses suffered as a result of, or arising out of, or in connection with such re-use. OurEnergy shall have the right to retain copies of all such work product. OurEnergy retains the right of ownership with respect to any patentable concepts, trademarks or copyrightable materials arising from its Services.
13. TERMINATION/SUSPENSION
13.1 Client may suspend work on all or any portion of the Services under one or more Work Authorizations for convenience, at its option, with 48 hours advance written notice to OurEnergy. Any suspension of Services by Client shall result in an equitable adjustment to OurEnergy’s compensation, time for performance, or any of its other obligations under a Work Authorization.
13.2 Either Party may terminate all or any portion of the Services under one or more Work Authorizations for convenience, at its option, with 30 days advance written notice to OurEnergy. =
13.3 Either Party may terminate this Agreement or a Work Authorization for cause if the other commits a material, uncured breach of this Agreement or becomes insolvent. Termination for cause shall be effective twenty one (21) days after receipt of a notice of termination, unless a later date is specified in the notice. The notice of termination for cause shall contain specific reasons for termination and both Parties shall cooperate in good faith to cure the causes for termination stated in the notice. Termination shall not be effective if reasonable action to cure the breach has been taken before the effective date of the termination.
13.4 Client shall pay OurEnergy upon invoice for all Services performed and charges incurred prior to suspension or termination, plus reasonable termination charges, which unless otherwise mutually agreed shall amount to 15% of the remaining agreement value.
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14. FORCE MAJEURE
14.1 Any delay or failure of OurEnergy in performing its required obligations hereunder shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event. A “Force Majeure Event” means an event due to any cause or causes beyond the reasonable control of OurEnergy and shall include, but not be limited to, acts of God, strike, labor dispute, fire, storm, flood, windstorm, unusually severe weather, sabotage, embargo, terrorism, energy shortage, accidents or delay in transportation, accidents in the handling and rigging of heavy equipment, explosion, riot, war, court injunction or order, delays by acts or orders of any governmental body or changes in laws or government regulations or the interpretations or application thereof or the acts or omissions of the Client or its other contractors, vendors or suppliers. In the event of a Force Majeure Event, OurEnergy shall receive an equitable adjustment extending OurEnergy’s time for performance for such Services sufficient to overcome the effects of any delay, and an increase(s) to OurEnergy’s compensation sufficient to account for any increased cost in performance or loss or damage suffered by OurEnergy.
15. DISPUTE RESOLUTION, GOVERNING LAW, JURISDICTION
15.1 If either Party (the “first Party”) by its act or omission commits a material breach of this agreement, the other Party shall be entitled to give the first Party written notice of the breach demanding that it be rectified within twenty-one (21) Business Days of the date of the notice. If the first Party then fails to remedy the breach within that period, the other Party may terminate this agreement with immediate effect by means of a further written notice to the first Party. The Parties will work to resolve any disputes first through good faith negotiations, and then through mediation or arbitration, if necessary.
15.2 In the event of the inability of a Party to pay its debts, or the bankruptcy, insolvency, dissolution or liquidation of a Party (other than for the purposes of a bona fide restructuring or scheme of arrangement with creditors) the other Party may immediately terminate this Agreement and/or any open Work Authorizations.
15.3 Termination or expiry of this agreement shall be without prejudice to the accrued rights and remedies of the Parties at the time of the termination or expiry.
15.4 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California.
15.5 The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.
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_______________________________________________________________ Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing further formal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute.
To the extent that the Parties cannot resolve their disputes amicably or through mediation they irrevocably agree that any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes, claims or whether the Parties consented to arbitration) shall be resolved by arbitration before a single arbitrator abiding by the rules of the American Arbitration Association, under its Construction Industry Arbitration Rules. Any such arbitration shall be commenced not later than forty five (45) following the conclusion of the meeting described above, and conducted so as to be concluded, and a final non-contestable award rendered, within one hundred and twenty (120) Days of the date of the demand for arbitration, except if (i) such timetable is inconsistent with the foregoing AAA Construction Industry Arbitration Rules, as applied, or (ii) the Parties or their counsel otherwise agree in writing. Each Party shall be responsible for its own costs and attorneys’ fees incurred in the arbitration, but the arbitrator may award forum costs to one Party or the other. The award may be confirmed in any court of competent jurisdiction.
The existence, validity and scope of the arbitration agreement shall be governed by the laws of the State of California.
The arbitration shall be held in California, in English.
16. RESPONSIBILITIES OF CLIENT
16.1 Without limiting any express or implied obligations of Client under applicable law, Client shall: (1) provide OurEnergy, in writing, all information relating to Client’s requirements for the project; (2) correctly identify to OurEnergy the location of subsurface structures, such as pipes, tanks, cables, and utilities; (3) notify OurEnergy of any potential hazardous substances or other health and safety hazard or condition known to Client existing on or near the project site; (4) give OurEnergy prompt written notice of any suspected deficiency in the Services; (5) with reasonable promptness, provide required approvals and decisions; and (6) furnish or cause to be furnished to OurEnergy full, unrestricted and legal access to, and use of, the site and all necessary rights of way and easements, in order to perform the Services. In the event OurEnergy is requested by Client or is required by subpoena to produce documents or give testimony in any action or proceeding to which Client is a party and OurEnergy is not a party, Client shall pay OurEnergy for any time and expenses required in connection therewith, including reasonable attorney’s fees.
16.2 OurEnergy may rely upon and use in the performance of any Services information supplied to it by Client without independent verification and OurEnergy shall not be responsible for defects in its Services attributable to its reliance upon or use of such information.
17. SECONDED EMPLOYEES
17.1 Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization, when OurEnergy provides an individual(s) to Client that perform Services under the supervision, direction and control of Client under a Work Authorization (hereinafter “Seconded Employees”), the Seconded Employees shall be advised by Client of all office and facility rules, regulations, and safety procedures. The Services performed by the Seconded Employees shall Rev. 3 – October 2024 Short Form Master Agreement for Professional Services 8 July 16, 2025
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_______________________________________________________________ be based on information furnished by Client, and the Seconded Employees shall be entitled to rely upon such information and direction as being correct, accurate and appropriate. OurEnergy shall retain no right to supervise, direct or control the Seconded Employees with respect to their performance of Services and all such supervision, direction and control shall come from Client. Therefore OurEnergy does not warrant any or all of the Services by Seconded Employees, and any and all statutory, express or implied warranties (including but not limited to any and all warranties of merchantability and/or fitness for a particular purpose and all warranties arising from course of dealing and usage of trade) of or for any or all such Services are expressly disclaimed as a condition precedent to the receipt of such Services, and neither OurEnergy nor any of the Seconded Employees shall have any liability to Client or to any third party(ies) for injuries or alleged injuries to persons (including death), or for damages or alleged damages to property, including but not limited to Client’s property, arising out of or in connection with the Services of the Seconded Employees, regardless of whether based upon delay, contract, tort, negligence, strict liability, warranty, indemnity, error and omission or any other cause whatsoever. In the event that any such liability is ever actually or threatened to be borne by or imposed upon OurEnergy or any of the Seconded Employees, Client shall indemnify, defend and save harmless OurEnergy and such Seconded Employees harmless from and against any and all such liability, regardless of whether based upon delay, contract, tort, negligence, strict liability, warranty, indemnity, error and omission or any other cause whatsoever.
18. TERM
18.1 Unless otherwise specified, the term of this Agreement shall run from the Effective Date until OurEnergy has completed the Services and received all payments due under the Agreement.
19. GENERAL
19.1 Client and OurEnergy each represent and warrant that this Agreement has been duly authorized, executed and delivered and constitutes its binding agreement enforceable against it. This Agreement and any executed Work Authorizations supersede all prior written and/or oral contracts and agreements that may have been made or entered into between Client and OurEnergy regarding the subject matter hereof, including but not limited to any and all proposals, oral or written, and all communications between the Parties relating to this Agreement or any Work Authorization(s), and constitute the entire agreement between the Parties hereto with respect to the subject matter hereof.
19.2 This Agreement and Work Authorization(s) may not be assigned by OurEnergy or Client in any way, including by operation of law, unless otherwise mutually agreed to in writing, any such attempted non-authorized assignment shall be null and void and of no force or effect.
19.3 Any cost opinions or estimates provided by OurEnergy will be on a basis of experience and judgment, but since OurEnergy has no control over market conditions or bidding procedures, OurEnergy cannot and does not warrant that bids, ultimate construction cost, or project economics will not vary from such opinions or estimates. Neither this Agreement nor any of the Services provided hereunder shall constitute or provide for, and OurEnergy shall not be considered to have rendered, any legal or financial opinion(s) regarding the feasibility of this project or any other project or regarding any other matter. Unless otherwise expressly included in a Work Authorization, OurEnergy shall under no Rev. 3 – October 2024 Short Form Master Agreement for Professional Services 9 July 16, 2025
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_______________________________________________________________ circumstances provide as part of the Services a consent, opinion or similar document, or act as a qualified person or expert, in connection with any filing by Client with the United States Securities and Exchange Commission, or similar non-United States agency, authority or commission.
19.4 Notices shall be effective hereunder as follows only if in writing and addressed to the authorized representative designated in applicable Work Authorizations: (1) upon delivery, if delivered personally to the person; (2) upon transmission, if transmitted electronically; and (3) upon posting, if by first class or overnight mail (postage prepaid).
19.5 All matters of law concerning Services performed on site at a Work Order-specified physical project location will be adjudicated in accordance with the laws of the state wherein that location resides, excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction; provided, however that if the project is located outside the United States, the laws of the State of California shall govern. Venue for any such litigation shall be any state court or United States District Court having jurisdiction over the Parties and subject matter related to that project location.
19.6 The terms and conditions of this Agreement shall prevail, notwithstanding any variance with any purchase order or other written instrument submitted by Client whether formally rejected by OurEnergy or not. This Agreement may be modified only by amendment when signed by each Party. In the event that any one or more of the provisions of this Agreement shall be found to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law.
19.7 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Client or OurEnergy.
19.8 The headings in this Agreement are for convenience only, and shall not affect the interpretation hereof. The terms “hereof”, “herein,” “hereto” and similar words refer to the entire Agreement and not to any particular Article, Section, Attachment, Exhibit or any other subdivision of this Agreement. References to “day” or “days” shall mean calendar days unless specified otherwise.
19.9 The provisions of this Agreement which by their nature are intended to survive the termination, cancellation, completion, or expiration of the Agreement, including, but not limited to, indemnities and any expressed limitations of or releases from liability, shall continue as valid and enforceable obligations of the Parties notwithstanding any such termination, cancellation, completion, or expiration.
19.10 It is understood and agreed that any delay, waiver or omission by OurEnergy or Client to exercise any right or power arising from any breach or default by Client or OurEnergy in any of the terms, provisions or covenants of this Agreement or any Work Authorization shall not be construed to be a waiver by OurEnergy or Client of any subsequent breach or default of the same or other terms, provisions or covenants on the part of OurEnergy or Client.
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20. ATTACHMENTS AND EXHIBITS
The following attachments and exhibits, which are attached hereto, are part of this Agreement.
Attachment 1 – Work Authorization
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed by their duly authorized representatives, effective as of the day and year first above mentioned.
CLIENT
By:
(Signature)
Name:
(Printed)
Title:
OURENERGY
By:
(Signature)
Name: Dustin Jolley
(Printed)
Title: CEO
This is the end of the master agreement. The forms below shall serve as cover sheet agreements for individual work order authorizations – delete this note and all pages below when finalizing the contract. Use individual cover pages from below as needed to specific Work Authorizations.
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_______________________________________________________________ ATTACHMENT 1
LUMP SUM WORK AUTHORIZATION NO.
In accordance with the Agreement for Consulting and Professional Services between [Client Legal Name] ("Client"), and OurEnergy LLC, DBA OurEnergy a California Limited Liability Company, dated [insert effective date of Agreement, not this Work Authorization] , this Work Authorization describes the Services, Schedule, and Payment Conditions for Services to be provided by OurEnergy LLC, DBA OurEnergy (“OurEnergy”) on the Project known as:
Client Authorized
Representative:
Address:
Telephone No.: =
OurEnergy Authorized
Representative: Dustin Jolley
Address: 101 Cooper Street, Santa Cruz, CA 95060
Telephone No.: (831)252-0093
SERVICES. The Services shall be described in Attachment to this Work Order.
SCHEDULE. The Estimated Schedule shall be set forth in Attachment to this Work Authorization.
Because of the uncertainties inherent in the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein.
PAYMENT AND EQUITABLE ADJUSTMENTS. This is a lump sum Work Authorization. OurEnergy’s lump sum compensation and provisions for progress and final payments are specified in Attachment to this Work Authorization. Payment of $ is due upon signature of this Work Order and will be applied against the final invoice for this Work Authorization. OurEnergy shall give Client prompt written notice of unanticipated conditions or conditions which are materially different from those anticipated by OurEnergy at the time the lump sum compensation was agreed upon. If Client wishes OurEnergy to proceed, OurEnergy’s lump sum compensation shall be subject to equitable adjustment for such conditions.
TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Authorization, except as expressly modified herein.
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_______________________________________________________________ ACCEPTANCE of the terms of this Work Authorization is acknowledged by the following signatures of the Authorized Representatives.
CLIENT CONSULTANT
Signature Signature
Typed Name/Title Typed Name/Title
Date of Signature Date of Signature
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_______________________________________________________________ TIME AND MATERIALS WORK AUTHORIZATION NO.
In accordance with the Agreement for Consulting and Professional Services between [Client Legal Name] ("Client"), and OurEnergy LLC, DBA OurEnergy, a California Limited Liability Company, dated [insert effective date of Agreement, not this Work Authorization], this Work Authorization describes the Services, Schedule, and Payment Conditions for Services to be provided by OurEnergy LLC, DBA OurEnergy (“OurEnergy”) on the Project known as:
Client Authorized
Representative:
Address:
Telephone No.: =
OurEnergy Authorized
Representative: Dustin Jolley
Address: 101 Cooper Street, Santa Cruz, CA 95060
Telephone No.: 831-252-0093
SERVICES. The Services shall be described in Attachment to this Work Authorization.
SCHEDULE. The Estimated Schedule shall be set forth in Attachment to this Work Authorization. Because of the uncertainties inherent in the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein.
PAYMENT. Payment of $ is due upon signature of this Work Authorization and will be applied against the final invoice for this Work Authorization. OurEnergy charges shall be on a "time and materials" basis and shall be in accordance with Hourly Rates and payment terms listed in OurEnergy’s Schedule of Fees and Charges attached to this Work Authorization as Attachment . Hourly Rates listed in the attached Schedule of Fees and Charges shall be adjusted annually (as of the effective date of the applicable Work Authorization) to reflect equitable changes in the compensation payable to OurEnergy.
TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Authorization, except as expressly modified herein.
ACCEPTANCE of the terms of this Work Authorization is acknowledged by the following signatures of the Authorized Representatives.
CLIENT CONSULTANT
Signature Signature
Typed Name/Title Typed Name/Title
Date of Signature Date of Signature
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_______________________________________________________________ CHANGE ORDER NO. 1
In accordance with the Agreement for Consulting and Professional Services between [Client Legal Name] ("Client"), and OurEnergy LLC, DBA OurEnergy, a California Limited Liability Company, dated [insert effective date of Agreement, not this Work Authorization], (for Work Order/Addendum No. #) this Change Order describes the agreed upon changes to the Services, Schedule, and Payment for the Services.
Project: OurEnergy Project No.
Date:
REFERENCE: Drawing No. Specification No.
Other
The Agreement is hereby changed as follows:
Add the following additional scope items and associated fee:
CO#1 Fee Notes
1 $
2 $
3 $
Subtotal $
Justification for Change:
Client-requested as a result of project-required scope additions.
CHANGE TO ESTIMATED CONTRACT PRICE
Original Estimated Contract Price: $
Current estimated contract price, including previous change orders: $ The estimated Contract Price due to this Change Order will be increased by: $ The new estimated Contract Price due to this Change Order will be: $ Rev. 3 – October 2024 Short Form Master Agreement for Professional Services 2 July 16, 2025
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CHANGE TO THE ESTIMATED SCHEDULE
Original project schedule indicated…….
EXCEPT AS PROVIDED IN THIS CHANGE ORDER, ALL TERMS AND CONDITIONS OF THE
CONTRACT REMAIN UNCHANGED
Acceptance of the terms of this Change Order is acknowledged by the following signatures of the Authorized Representatives.
CLIENT OurEnergy
Signature Signature
Typed Name/Title Typed Name/Title
Date of Signature Date of Signature
cc: Accounting
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_______________________________________________________________ Meeting Date: July 16, 2025 Agenda Item Number 13.g
Agenda Item Title Approve First Amendment to Lease Agreement with the Ferndale Senior Resource Center
Presented By: City Manager
Type of Item: x Action Discussion Information
Action Required: No Action x Voice Vote Roll Call Vote
RECOMMENDATION:
Approve City Manager to sign first amendment to the lease agreement between the City and Ferndale Senior Resource Agency extending the contract for an additional three years and provides minor edits.
DISCUSSION:
The City has had a lease agreement with the Ferndale Senior Resource Agency for the rental of the Community Center kitchen for their Meals on Wheels program and for various classes in the Main Hall.
That contract expired on July 1, 2025.
The amendment, if approved, will extend the lease to June 30, 2028. Staff have been meeting regularly with the executive director and during those meetings have discussed minor edits to the current lease.
Those edits are included in the proposed first lease amendment.
FISCAL IMPACT:
None
ATTACHMENTS:
1. First Amendment to Lease Agreement
July 16, 2025
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FIRST AMENDMENT TO COMMUNITY CENTER
LEASE AND LICENSE AGREEMENT
This FIRST AMENDMENT TO COMMUNITY CENTER LEASE AND LICENSE AGREEMENT ("Amendment") is made effective as of July 1, 2025 (“Amendment Effective Date”), by and between the City of Ferndale, a municipal corporation ("City") and the Ferndale Senior Resource Agency, a California non-profit corporation ("Agency").
RECITALS
WHEREAS, the parties entered into a Community Center Lease and License Agreement effective July 1, 2024 (the "Agreement"); and
WHEREAS, the parties desire to amend certain provisions of the Agreement to reflect updated terms and conditions;
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows:
AMENDMENTS
1. Amendment to Section 1.01. As of the Amendment Effective Date, Section 1.01 of the Agreement is deleted in its entirety and replaced with the following text:
1.01 Use of Commercial Kitchen. City hereby grants to Agency, and Agency hereby accepts, the right of access to and exclusive use of the Commercial Kitchen located in the Community Center commencing each Monday at 7:00 AM through each Friday at 3:00 PM during the Term of this Agreement. Agency agrees that it will not use the Commercial Kitchen after 2:00 PM on any weekday in which the Main Hall is rented or otherwise in use by City. The use of the Commercial Kitchen shall include the right to use the stoves; ovens; large glass-doored refrigerator; dishwasher; and all cooking utensils, pots, pans, and other kitchen equipment owned by the City. Notwithstanding the foregoing and excepting when the Commercial Kitchen or Main Hall is in use, Agency may access the Commercial Kitchen during the period of 4:00 pm to 7:00 pm each Sunday to unload groceries needed for preparing meals for the subsequent week. For weekends in which the Commercial Kitchen is rented to a third party, City shall use reasonable efforts to cause the Commercial Kitchen to be cleaned and sanitized by 4:00 PM on Sunday but does not provide any guarantee that such will be accomplished. City shall endeavor to provide notice to Agency if the Commercial Kitchen cannot be cleaned and sanitized by 4:00 PM on such Sundays.
2. Amendment to Section 3.01. As of the Amendment Effective Date, Section 3.01 of the Agreement is deleted in its entirety and replaced with the following text:
July 16, 2025
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3.01 Term of Lease. The term of this Agreement commences on July 1, 2024, and shall continue in effect until June 30, 2028 (the “Term”), unless sooner terminated in accordance with this Agreement. If AGENCY, with CITY’s consent, remains in possession of the Leased Premises or any part thereof after the expiration of the Term, such occupancy shall be a tenancy from month to month upon all the provisions of this Agreement pertaining to the obligations of CITY, but all Options, if any, granted under the terms of this Agreement shall be deemed terminated and be of no further effect during said month to month tenancy.
3. Amendment to Section 6.04. As of the Amendment Effective Date, Section 6.04 of the Agreement is deleted in its entirety and replaced with the following text:
6.04 Water. Agency to pay 35% of water charges to the Community Center, including that portion of the Community Center rented to the Children’s Center.
City shall invoice Agency monthly and provide a copy of the bill from Del Oro Water.
4. Confirmation of Agreement
Except as specifically amended herein, all other terms and conditions of the Agreement remain in full force and effect. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above.
City of Ferndale Ferndale Senior Resource Agency
By:___________________________ By:___________________________ Jay Parrish, City Manager Leira Satlof, Executive Director Date:_________________________ Date:__________________________ Attest:
By:
Kristene Hall, City Clerk
July 16, 2025
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_______________________________________________________________ Section 14
CORRESPONDENCE
Correspondence Files are available for review at City Hall during regular business hours, Monday through Thursday, 9am to 4pm.
July 16, 2025
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_______________________________________________________________ Section 15
COMMENTS FROM THE COUNCIL
Section 16
REPORTS
City Manager’s Report
Commissions and Committee Reports
Minutes from JPAs and Reports
July 16, 2025
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_______________________________________________________________ City Managers Report
for July 2025 City Council Meeting
CITY MANAGER (June 13, 2025 – July 9, 2025)
Wastewater Treatment Plant Flood Resilience Project (raising the berm) • This project is funded by a technical assistance grant from the Clean Water State Revolving Fund, through the Office of Water Programs. This is a planning grant and includes a preliminary engineering report, preliminary design, CEQA, permit applications, and construction funding application to increase the elevation of the berm around the surge pond to increase the storage capacity during consecutive rain events and protect the pond from high water levels in the Salt River and Francis Creek. This work will be completed around the end of April and the construction funding application will be submitted to the State Water Board. The State often funds the construction of projects that have gone through their planning grants, but timelines for award of construction funding can vary due to several factors (state budget, need/violations, etc.). The best-case scenario would be for the project to be added to the fundable list in 2026 and award of construction funds in late 2026/early 2027.
We received our Coastal Development permit, and the waste Discharge permits ad couple of months ago. We also received NOA and the file name of Ferndale Fairgrounds Drainage Improvement Project.
Drainage and Water Quality Improvement Project (Drainage) • This project is funded by a State Water Board Sewer Overflow and Stormwater Reuse Municipal Grant and funds design, permitting and construction of stormwater flow and water quality improvements on Arlington Avenue, 5th Street, and the County parcel north of Van Ness. Environmental permits (Coastal Development Permit from the County of Humboldt and Conditional Waiver for the North Coast Regional Water Quality Control Board). Design is currently being finalized, and the project is anticipated to go out to bid in July. Assuming bids come in within the available grant budget, construction will begin this summer/fall and be completed by October/November. The states budget shortfall may cause us to ask that we extend the project so that we can let contractors know that they can do some of the construction this year but have more time next year to finish the project and in that way give them more flexibility.
• Met with Salt River Watershed members and funding representatives regarding ways to promote the project and get it moving again. We are to engage Landowners to help us complete the project. RCD sent a letter asking for Watershed Council to share costs to do some maintenance on the Sediment Management Area. It is the consensus of the watershed council that we do not have enough funds to do that. Watershed met with Michael Bowen to see if we could talk a couple of the property owners to see if we could find a creative way of getting the project moving forward.
• We are working with County on a process that may help the Salt River Restoration Project to maintain the watershed in a way that allows us to prepare the watershed each year for the yearly flows in a way that maximizes the stability of the drainage. We are waiting to meet on this to get more information but are still hopeful we may be able to move toward a Storm water flood zone.We have not heard from the county in a few months, but are hopeful. • PG&E’s Rule 20a project on Francis Street: Last conversation with PG&E representatives was that their engineers are working on the design. This project goes from Ocean Avenue up July 16, 2025
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_______________________________________________________________ to the end of Francis Street eliminating lines on poles to those lines underground until it gets to end of street. It sounds like we may need to have one line at the end of road to hook in with the Lines on the Wildcat because the ground is not stable enough to put the line underground by the Christmas tree.
• Rescheduling Public Works daily activities and recording them in writing and placing them on a calendar so we all can be in the loop and aware of our progress. We are also developing in conjunction a new job description and wage rates for all of our employees. • Continue to work with Caltrans to try to get a grant that would redesign the collection system in a way that tries to replace the sewer line that goes under Francis Creek and sends the sewer down Shaw Street and then 5th Street.
• Asking the council to schedule a public meeting to talk about Goals and Priorities so staff can institute programs and plans to achieve the council goals. I need to schedule this meeting again as I was sick and unable to make the meeting.
• Working towards improvements to Russ Park and a trail that uses Eugene Street with a connection to Firemen’s Park and then downtown and Main Street. • We finished our part on getting the “Hazard Mitigation Plan a couple of months ago and are waiting for public comments. On May 30th it will then be sent to the State for approval. It will then go to the BOS and council approval of the whole plan. We have a meeting of the Steering Committee on Friday the 13th to go over the next steps and what each entity will need to do. We are waiting for the state to approve and then it will go to each of the members and then will be finalized by Board of Supervisors, and that will last for 5 years. • Numerous meetings and discussions to analyze the possibility of a micro-grid connecting some of our public buildings. This would enable those facilities to have power during outages using alternative energy until power is restored from PG&E. We should have a presentation at the council meeting to talk about how we might be able to go through a grant that can look at our town and our buildings and determine if that would be a project that PG&E would believe was worthy of a study grant that would lead to a larger grant that would supply financing to provide the grid and energy source separate from PG&E. Our energy representatives will come to our meeting to give an update. We have went through this part so far.
• Emergency Response committee. Fire Department, Schools, Fair Board, Cert, Police department, and City Manager. Monthly meetings. We talk with all these groups so that we may all be aware of what is on the calendar for the next month. This has been a very successful endeavor to keep the groups and their organizations. • Several conversations with Casey from GRS about touring the town and developing some priority projects on paving improvements. We have several road projects although, we are still not aware of the cost or how much we will be able to do next year, but the first thing we needed to do was score the different projects and get as much done as we can.
Our Engineer thinks we can put the A Street intersection with 5th Street out to bid this month.
• Interaction with Per Capita personnel and the Russ Park Committee chairmen regarding new signs obtained for the Eugene trail and possible Kiosks. I want to encourage RPC to start the new trail on the Eugene trail.
• Landscaping of the City Hall to improve the image as a long-term aesthetically pleasing part of our city. Met with volunteers regarding landscaping around City Hall. In concert with a representative of the village Club, the Garden Club and other volunteers we have identified July 16, 2025
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_______________________________________________________________ plants that we are going to keep and others that we will take out. Public Works have already removed plants to take out and the committee will meet on May 23rd to take out the rest. We will then design and replace the new plants. Fantastic volunteers. We still need to put any plants in with a weed barrier.
• Met with Susan Diehl regarding the landscaping around the new musical instruments. The number of kids playing with those is truly impressive. Although we were not able to meet, we agreed to make an area close to the equipment that will watch the children’s playground with wood chips until we finish the ultimate design, and know that will be a long on-going project.
• Numerous meetings with HWMA, and attorneys putting together the Universal pickup Ordinance, and Frank from Recology to try to make deadline so we can move forward on the Franchise agreement.
• Much time on the budget, the maintenance, and the wage rates and rate schedule for employees
• Several conversations with county representatives discussing a number of maintenance issues on the Wildcat within our city limits that we want to attend regarding drains and culverts and optimal drainage into town.
July 16, 2025
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_______________________________________________________________ STAFF REPORTING JULY 2025
CITY CLERK ACTIVITY
Meeting Activities:
• Meetings with City Manager regarding work activities and council agenda. • Met with Mayor to discuss agenda items.
• Attended, Wrote Agenda, and Compiled Packets for:
o City Council Meeting 06/18/2025
o Planning Commission Meeting 07/01/2025
o Drainage Committee Meeting 07/10/2025
• Transcribed and drafted meeting minutes
• Uploaded meeting videos for all above listed meetings. • Posted all meeting agendas and public notices
• Uploaded meeting packets to City Website.
• Continued Meetings with Mayor and City Manager regarding City Business • Meeting with FSRA Board Members & Executive Director 06/11/2025 • Meetings & Conversations with Attorney regarding City Business • Meetings with Community Center & Town Hall Renters to go over Facility Projects
• Assisting City Manager with Health Inspection data
• Started Data Collection for Sewer and Drainage assessments • Assisted the public via telephone and email, answering questions and information requests. • On-going communications with contract Engineers and City Planner about agenda items before the City Council, Planning Commission, and Drainage Meetings. • Processed Building Permits, Encroachment Permits, and Parade Permits • Communications with the Building Inspector to review plans and discuss finals on projects. • Pick up and distribute City correspondence.
• Organized and filed paperwork.
• Processed checks, created revenue spreadsheet, and ready deposit for bank drop-off. • Responded to Public Records Act requests.
• Maintained minutes, resolution, ordinance, and agenda binders. • Read weekly ERMA bulletins.
• Processed Monthly Reports to Assessor’s office and Construction Industry Research Board • Processed Community Center & Town Hall Rentals
FINANCE OFFICER ACTIVITY
Tasks:
• Answered phones and assisted citizens at City Hall
• Processed Payroll/Payroll Tax Payments
• Processed Accounts Payable
• Processed Accounts Receivable
• Completed Quarterly Duties
• Reconciled Monthly Debits and Credits for both GL and Russ Park accounts in accounting software
• Delivered and received mail correspondence
• Reviewed ERMA and HR bulletins
• Provided necessary documents to Kris for City Council Meeting July 16, 2025
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_______________________________________________________________ • Set up chairs and tables for various meetings at Town Hall • Provided necessary documents to Stacey and Kris for month end • Billed customers for Septic Dumps and Health Inspections • Sent Late Notices for all open invoices
• Assisted the City Manager in the application and reporting for various grants • Updated notes in Finance Clerk Duties Manual on all new tasks and duties learned • Drafted FY 25/26 Budget
• Drafted new Pay Rate Schedule for all positions
• Wrote Official Job Descriptions for all positions
• Met with the city manager repeatedly to iron out details of budget and pay rates • Attended Finance Committee meeting to discuss budget prior to council meeting • Attended Study Session with council to discuss Pay Rate Schedule and FY 25/26 Budget • Attended City Council Meeting where Pay Rate Schedule and FY 25/26 Budget were approved
CITY PLANNER ACTIVITY
General Planning Services
Task 1 Response to Public Information Request:
• No Planning actions for reporting period.
Task 2 CEQA Compliance
• No Planning actions for reporting period.
Task 3 Community Planning – Reporting, Other Planning Activities • Finished drafting LRA FHSZ Map ordinance for June 18 City Council public hearing and first reading. Coordination with City Clerk regarding if there was any comment/input at the May 21 City Council agenda item.
• Communications with Humboldt County Public Works, including City Manager, about available infrastructure information on the Wildcat.
• Communications with City Engineer to coordinate for June 2025 site visit for the Safe Streets For All (SS4A) consultant team; scanned through Local Road Safety Plan for prospective demonstration projects and City priorities for SS4A consultant team visit. • Prepared letter of support for City Manager's signature for Humboldt County’s SALC grant application.
• Communications for SALC letter of support (Humboldt County Planning Department) and SB 1383 (Humboldt County Division of Environmental Health).
Task 4 Meetings and Hearings, and Materials:
• Communications and coordination with City Clerk for June and July 2025 City Council meetings.
• Communications and coordination with City Manager for June 5 Drainage Committee meeting, and prepared talking points for agenda item for potential grant funding for acquisition of Lake Christie for City Manager.
• Prepared planner's report of June 2025 activities for July 16 City Council meeting. • Communications with City Manager to coordinate on County infrastructure information for the Wildcat, and other activities/projects. Also, communications and coordination with City Engineer about forthcoming amendments to existing lot line adjustment and merger regulations to implement adopted Housing Element.
• Planning Commission – Did not attend.
• HCAOG Technical Advisory Committee (TAC) – Prepared for TAC June 5 meeting by July 16, 2025
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_______________________________________________________________ reviewing agenda and attended June 5 meeting (in-person). • Attended (virtually) Hazard Mitigation Plan (HMP) meeting for an update on the status of the region’s HMP.
• Coordination with City for the 25/26 FY budget to update Planwest’s cost tracking. • Regional Climate Action Plan: Attended (virtually) June 6 working meeting on consultant’s draft Greenhouse Gas checklist for discretionary projects.
Task 5 GIS Mapping
• Prepared for final draft official Zoning Map for July 16 City Council public hearing and first reading.
Task 6 Grant Writing/Funding Coordination
• 2% Bike+Ped grant: communications with City Engineer about grant timeline, and forwarded grant administrative documents and forms.
Planning Applications and Pre-Application Consultations • No Planning actions for reporting period.
6th Cycle Housing Element
• Prepared response to HCD’s May 16, 2025 Letter of Inquiry (LOI), and follow up communications with HCD staff to ensure receipt of City’s response. Also prepared cover letter to accompany City’s response for City Manager’s signature. 7th Cycle Housing Element
• Reviewed draft 7th cycle Regional Housing Needs Plan (RHNP) data prepared by HCD and transmitted to and shared by HCAOG.
• Prepared for HCAOG meeting with the 7th cycle working group (all of the cities and the county) by locating and reviewing Ferndale’s current demographic profile, vacancy rate, cost burden date from US Census and HUD.
• Attended (in-person) HCAOG working group meeting on 7th cycle RHNP.
Special Planning Projects
Group 1: Zoning Ordinance Amendments to Implement 6th Cycle Housing Element, Land Use Element, and Safety Element
• Prepared July 16, 2025 City Council notice for public hearing and first reading. Also, prepared and mailed notices for 31 owners of property that the zoning is changing to another zone.
• Prepared staff report, recitals for the ordinance, and attachments for the July 16, 2025 City Council meeting. Completed final review and edits of City Council staff report • Completed a review of numbering and content of proposed Ordinance. • Review/edit of the staff report and recitals to finalize, and transmitted to City Clerk.
Group 2: Zoning Ordinance Amendments to Implement 6th Cycle Housing Element, Land Use Element, and Safety Element
• Researched and began drafting Group 2 zoning ordinance for single room occupancy units (or SROs) and supportive housing in order to implement Programs 1 and 6 of the adopted Housing Element.
• Prepared revisions to existing LLA to implement Program 2 of the adopted Housing Element.
Reviewed existing parcel merger regulations.
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_______________________________________________________________ • Phone call with City Engineer to coordinate on draft amendments to existing lot line adjustment and merger regulations of the Subdivision Ordinance. Also discussed preparing amendments to revise the expiration and extension timelines for tentative map subdivisions to comport with State law.
• Research and drafted amendments to the expiration and extension timelines for tentative maps.
CITY ENGINEER ACTIVITY
General City Engineering Services:
• Phone calls / emails with the City Manager and staff regarding various City items. • Drainage Committee
o Attended June Meeting
• Firemens Park Bathrooms
o Discussion with the City Manager regarding project
o Survey Crew obtained elevations of the sewer line coming out of the existing restroom and across the bridge.
• Wildcat Slide
o Site visit to look at extent of slide.
o Discuss with city manager.
• BBQ Pavillion
o Review Contractor Invoicing for Payment
• Berding St. Intersections
o Review Contractor Invoicing for Payment
• 5th & A Streets Intersection Repair Project
o Finalize plans for project bidding
o Prepare Bid Documents
o Notice for Bid went out on June 23rd
• 5th Street Drainage Project
o Discussion with GHD about project status
• Regional Vision Zero Action Plan
o Meet with members of the Smith Group who are consultants hired by HCOAG to create a regional Vision Zero Action Plan for Humboldt County. • Housing Element
o Discussions with the City Planner regarding language modifications of the Lot Line Adjustment and Parcel Map Ordinances.
Reimbursable Project Services:
• Nunes Grading
o Send Letter to Mr. Nunes regarding grading violation.
WASTEWATER OPERATIONS
• Monthly samples prepared and sent to North Coast Labs • Operators perform lab tests daily to measure efficiency of plant • Cleaned filters...
• Monthly eSMR (electronic State Monthly Report) prepared and submitted • Monthly no spill verification report completed on CIWQS website • Continuous monitoring and adjustments to sludge blanket… July 16, 2025
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_______________________________________________________________ • Front gate chain oiled each Monday
• Inspect manholes throughout town weekly
• Repair UV lamps.
• Weekly maintenance performed on UV banks
• Service and maintain Aqua dams around pond.
• Dewater for total of 32 hours. Sludge dried at old site • Maintenance on filters, clean nozzles
• Operators cleaned walls and catwalk.
• Removal of duck weed from clarifiers on weekly basis
• Preventive Jett on Shaw St.
• Repair Manhole at CG housing.
• Repaired polymer system
• Removed and serviced a series of internal pumps.
• Burned pile of brush at old site.
• Overhaul filter system.
• Billed, Steve’s Septic, Taylor and Wyckoff a total of $4665.00 for the month of June 2025. 21 total dumps for total of 30,750 gallons.
• Total flow through plant. JUNE was 6.2 MGD. Of that .151 MGD average flow to irrigation and .147 MGD was pumped to retention pond.
• 0” inches of Rain in JUNE 2025
PUBLIC WORKS
• Continued with monthly and daily duties. Such as, cleaning and maintenance of city's bathrooms, mowing of city's owned properties, cleaning of storm drains, keeping streets clear of debris and the maintenance of city's facilities.
• Exposed a buried culvert on the Wildcat that should improve drainage. • Trim trees around town hall.
• Work on getting the sprinkler system working at town hall. • Schedule contractors to inspect and give quotes for new stairs, porch and porch roof that is rotted at community center.
• Schedule tree trimmers to inspect and quote to trim two very overgrown trees at town hall and one overgrown tree at the library.
• Remove broken railing and build new section of railing at community center. • Prepare more boards for the replacement of broken boards for picnic tables at Fireman’s Park. • Clear a large tree branch that fell from a tree on Bluff St. • Got routine oil changes done on public works trucks.
POLICE DEPARTMENT
We are currently down one police officer position.
Joseph Dickey has met the current requirements to become a Level II Reserve Police Officer and will be joining the department in that capacity. He resumes the full-time academy on September 8th and hopes to complete the academy in December.
The department provided extra patrol for the Pride Walk on June 29th. The participants stayed on the sidewalk, since the group failed to obtain a Caltrans permit to have the walk down Main Street. and there were no issues.
July 16, 2025
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_______________________________________________________________ CERT: Monthly business meeting.
Police Statistics – June 2025
SERIOUS CRIMES Number Cleared
Homicide 0
Rape (Attempted) 0
Robbery 0
Larceny 4 0
Assault 0
Burglary 0
Vehicle Theft 0
TOTAL 4
SECONDARY CRIMES 4
Calls for Service 268
Reports Written 20
Traffic Citations 19
Other Citations 0
Parking Citations 3
Warnings 34
ARRESTS
AGENCY ASSISTS 14
TRAFFIC COLLISIONS 0
•
July 16, 2025
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_______________________________________________________________ Item 4a
HUMBOLDT COUNTY ASSOCIATION OF GOVERNMENTS
Regional Transportation Planning Agency
Humboldt County Local Transportation Authority
Service Authority for Freeway Emergencies
611 I Street, Suite B
Eureka, CA 95501
(707) 444-8208
www.hcaog.net
BOARD OF DIRECTORS
MEETING RECORD
May 15, 2025, 4:30 p.m.
Eureka City Hall, Council Chambers
531 K Street, Eureka CA 95501
Present:
Mayor Mike Johnson (Chair) City of Fortuna
Supervisor Steve Madrone County of Humboldt
Councilmember Kat Napier City of Blue Lake
Councilmember Skip Jorgensen City of Ferndale
Mayor Kim Bergel City of Eureka
Councilmember Stacy Atkins-Salazar City of Arcata
Mayor Pro Tem Bryce Kenny City of Trinidad
Councilmember Robert Orr City of Rio Dell
Policy Advisory Committee Members:
Natalie Arroyo Humboldt Transit Authority
Tatiana Ahlstrand Caltrans
Absent: None
Staff:
Brendan Byrd Executive Director
Amy Eberwein Administrative Services Officer
1. Call to Order
Chair Mike Johnson called the meeting of May 15, 2025, to order at 4:30 p.m.
2. Adjournment of the HCAOG Board; Convening of the Policy Advisory Committee (PAC)
The PAC convened to include representatives from Caltrans and Humboldt Transit Authority.
3. Public Comment on Non-Agenda Items - None
4. Consent Calendar
Motion was made (Madrone/Kenny) to approve the following consent items:
a. Approval of Meeting Records – April 17, 2025
Motion was approved unanimously.
5. Items Removed from Consent Calendar – None
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_______________________________________________________________ HCAOG 2 Board Item 4a – 06/16/2025
6. PAC Action Items
a. FY 2025-26 Final Overall Work Program (OWP) and Budget Motion was made (Atkins-Salazar/Jorgensen) to adopt the FY 2025-26 Resolution 25-12 approving the FY 2025-26 Final OWP and Budget.
Motion was approved unanimously
b. Consultant Selection for the Siting Analysis for the North State Hydrogen Fuel Station Network
Motion was made (Madrone/Bergel) to select project consultants RebelGroup Americas, Inc to complete the Siting Analysis for the North State Hydrogen Fuel Station Network.
Motion was approved unanimously.
7. Reconvening of the HCAOG Board
Motion was made (Atkins-Salazar/Madrone) to reconvene as the HCAOG Board and approve the PAC recommendations.
Motion was approved unanimously.
8. Board Action Items
a. Authorization to Execute a Standard Agreement between the Humboldt County Service Authority for Freeway Emergencies (SAFE) and the California Highway Patrol (CHP)
Motion was made (Kenny/Bergel) to adopt Resolution 25-11, authorizing the execution of a Standard Agreement with CHP for supplemental patrols on State Routes 36, 96, and 169 from November 1, 2025, through October 31, 2026.
Motion was approved unanimously.
9. HCAOG Staff and Board/PAC Member Reports
a. HCAOG Executive Director’s Report
• Executive Director Brendan Byrd discussed the following: Upcoming STIP fund estimates, Regional Transportation Plan update, Regional Climate Action Plan, Regional Housing Need Assessment, upcoming Measure O discussion with the TAC, and the status of Federal funding and policies. The next regular Board meeting is scheduled for Juneteenth and will need to be rescheduled. b. Caltrans Report
• PAC Member Tatiana Ahlstrand and Caltrans Project Manager Jeff Pimentel provided updates on the Hwy 36 slide, Hwy 255 Corridor Plan, Indianola Undercrossing project, and Fernbridge project.
c. Board/PAC Member Reports
• PAC Member Arroyo provided updates from Humboldt Transit Authority. • Councilmember Atkin-Salazar provided updates regarding transportation activities in Arcata including the Fuenta Nueva pop up demonstration, and updates on the Road Charge committee.
Adjournment
The meeting was adjourned at 5:25 p.m.
July 16, 2025
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BOARD OF DIRECTORS DRAFT MEETING MINUTES
Wharfinger Building, Great Room May 22, 2025
1 Marina Way, Eureka, CA 95501 Thursday, 3:30 p.m.
Chair Scott Bauer called a meeting of the Board of Directors of the Redwood Coast Energy Authority to order on the above date at 3:33 p.m. Notice of this meeting was posted on May 16, 2025.
PRESENT: Natalie Arroyo, Chair Scott Bauer, Carlos Diaz, Michael Gerace, Skip Jorgensen, Alt.
Dir. Kat Napier, Jason Ramos, Sarah Schaefer, Jack Tuttle (arrived 3:41 p.m.), Frank Wilson, Vice Chair Sheri Woo. ABSENT: Elise Scafani.
STAFF AND OTHERS PRESENT: Business Planning and Finance Director Lori Biondini, Executive Director Elizabeth Burks, Finance Specialist Ronnie Chaussé, Power Resources Director Richard Engel, The Energy Authority California Accounts Director Jaclyn Harr, Board Clerk Lori Taketa, Deputy Executive Director Eileen Verbeck. From Baker Tilly US (remotely): Principal Bethany Ryers, Manager Ryan Theiler.
REPORTS FROM MEMBER ENTITIES
Chair Bauer welcomed Fortuna Director Carlos Diaz to the Board. Vice Chair Woo learned at an Association of California Water Agencies Conference that each Artificial Intelligence generated email consumes the equivalent of one bottle of water for data center cooling, and the water typically is not circulated for reuse. Investor-owned utilities are giving eight- to 10-year wait times to wastewater treatment facilities wishing to install solar panels and batteries to offset reverse osmosis treatment electricity use. Director Arroyo spoke on a panel about local government and offshore wind at the Pacific Offshore Wind Summit. Assemblymember Chris Rogers expressed interest in learning about how the CPUC does not consider Tribal Nations to be public agencies, and the consequences of this.
CONSENT CALENDAR
3.1 Approve Minutes of April 24, 2025, Board Meeting.
3.2 Accept Disbursements and Financial Reports.
3.3 Approve 2025 RCEA Policy Platform.
July 16, 2025
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_______________________________________________________________ RCEA May 22, 2025, Board of Directors Meeting DRAFT Minutes