Shasta Lake 2040 General Plan
Response 1-3: The 2040 General Plan includes new Policy CIR-2.7, which states: “Limit the intrusion of commercial truck traffic on City streets, especially in residential neighborhoods, by directing truck traffic to the City’s designated truck routes.” Following adoption of the 2040 General Plan by the City Council, City staff will review roadways in the City and evaluate which roads should be designated as truck routes. However, the City does not have jurisdiction over Interstate 5 (I-5) or State Route 151 (Shasta Dam Boulevard) and would not be able to officially designate these roadways as truck routes.
Implementation Action CIR-2.1 requires that the City continue a data collection program for the transportation system and update the program at least every five years. Data collected includes a physical inventory, condition of surfacing, maintenance needs, traffic volumes, and accident reports. New roadways in the City would be constructed in accordance with the City’s adopted Construction Standards for public streets, which includes minimum structural and safety standards for streets, based on the California Department of Transportation’s Highway Design Manual.
As stated in DPEIR Section 4.9 (Hazards and Hazardous Materials) on page
4.9-6, several businesses and facilities in the City use, store, transport, and/or dispose of hazardous materials. Figure 4.9-2 in the DPEIR shows the location of current and past handlers of hazardous materials in the City, as identified by the Department of Toxic Substances Control’s Hazardous Waste Tracking System (HWTS). These facilities include gasoline/service stations, automotive repair shops, and industrial facilities and are subject to stringent federal, State, and local regulations, including, but not limited to, those identified in Section 4.9.3 (Regulatory Framework) of the DPEIR. Projects are reviewed on a case-by-case basis to ensure compliance with these and other applicable regulations related to the transport of hazardous materials.
No revisions to the DPEIR or mitigation measures are necessary.
Comment 1-4: The Commenter states that the Redding CHP oversees school bus operations within Shasta County. Increased housing would result in increased demand for transportation to and from schools, and school bus routes would need to be revised. This would result in an increased workload for CHP to review and approve school bus stops and process applications for school bus drivers. School bus stops must be safe and suitable for existing vehicular traffic, pedestrian, bicyclist, and school buses at concurrent times.
Response 1-4: Also see Response 1-5. As stated in Section 4.14 (Population and Housing) on page 4.14-15 of the DPEIR, growth projections are estimated at 42 dwelling units per year during the 20-year planning period for the 2040 General Plan.
Because growth is largely market-driven, it is not expected that growth under the 2040 General Plan would significantly differ from growth under the current General Plan. The incremental growth is not expected to result in a significant increased demand for school bus services.
Implementation Action LU-4.3 requires that the City notify the Gateway Unified School District, Shasta Lake Fire Protection District, Shasta Lake Sheriff’s Office, and other entities that provide public services in the City Comments and Responses to Comments Page 7
Shasta Lake 2040 General Plan
during review of major development projects. The need for additional bus stops would be identified at that time and incorporated into the project design as necessary. No revisions to the DPEIR or mitigation measures are necessary.
Comment 1-5: The Commenter states that increased housing and new roadways would result in an increase in vehicular traffic, pedestrians, and bicyclists. CHP would have an increased workload to ensure traffic safety. Increased congestion would result in increased calls for service, which could reduce response times.
Response 1-5: Pursuant to §15382 of the CEQA Guidelines, a significant effect on the environment is defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by a project.
The need for funding for public services is an economic impact that would not contribute to physical effects on the environment.
CHP is a State-funded agency, and the State is responsible for ensuring that adequate funding is allocated to CHP to provide public safety services.
Although implementation of the 2040 General Plan could increase the number of vehicles on local roadways, as documented in Section 4.17 (Transportation) of the DPEIR, implementation of the 2040 General Plan would not have a significant effect related to the City’s transportation system (also see Responses 1-1, 1-2, and 1-4).
There is no evidence to suggest that the analysis and conclusions in the TIA and DPEIR regarding current and projected traffic volumes, LOS, traffic hazards, or necessary improvements are inaccurate. No revisions to the DPEIR or mitigation measures are necessary.
Comment 1-6: The Commenter states that if the City expands its city limits, this would result in a reduction of CHP jurisdiction on local roads.
Response 1-6: This comment does not address an environmental issue and will be provided to the Planning Commission and City Council for consideration. No revisions to the DPEIR are necessary.
Shasta Lake 2040 General Plan
LETTER 2 Gracious Palmer
-----Original Message-----
From: Gracious Palmer <[email protected]>
Sent: Monday, August 15, 2022 3:56 PM
To: Peter Bird <[email protected]>
Subject: General Plan 2040 Update Public Comment
I have perused, scanned, and read the DEIR, PEIR, Local Hazardous Mitigation Plan (2021), and the General Plan 2040 Update including, but not limited to, figures, tables, and appendixes.
On the whole these documents appear to be thorough, inclusive, and comprehensive.
Having said that, I do have a few comments.
Thank you for acknowledging Debbie Israel and Jeff Tedder in the preparation and publishing of these materials.
I was glad to read that there would be a focus on capital improvements on evacuation routes or emergency access routes needing attention.
How will an Oversight Committee for formed and implemented? (6.2.1).
How will the City of Shasta Lake be involved in the Shasta County’s Fire Safe Council(s)? Via Mitigation Action Support Tool (MAST)?
How is Arundo donax and other invasive species addressed in the DEIR? General Plan Update? (Page 123/1394 and section 4.4 of Biologicals Non Native Noxious Weeds and Invasive Species? I could not find any information or discussion about two (2) roads - ingress and egress in the Industrial Park. Page 270/1394. Figure 4.9-3 Evacuation Routes.
I have heard this critical issue discussed for years. And yet, as of 2022, no action seems to have been taken...no plan; no capital improvements in this regard. “...No mitigation measures required...” 4.9-18; page 270/1394; 4.9-3 Evacuation Routes Information on short term rentals; e.g., Airbnb. Page 50/416; 5.14.1 Access units; Short term rentals.
My question is, “How would this violation(s) be reported? Enforced? Enforce by whom? I think I found a typographical error on page 41/416. DEIR General Plan Update 2040. Open Space to wit, LAWS. I think this might refer to LAWNS rather than “...Laws...” Thank you for your attention to my input and public comments.
Regards,
Gracious A. Palmer
Box 5002
Shasta Lake, CA 96089-5002
530-275-0325
[email protected]
2-1
2-2
2-3
2-4
2-5
2-6
Comments and Responses to Comments Page 9
Shasta Lake 2040 General Plan
LETTER 2 Responses
Comment 2-1: The Commenter states that she reviewed the Draft Program Environmental Impact Report (DPEIR) and supporting documentation for the proposed 2040 General Plan update and the City’s 2021 Local Hazard Mitigation Plan (LHMP) and finds that on the whole, the documents appear to be thorough, inclusive, and comprehensive. She thanked the City for acknowledging Debbie Israel and Jeff Tedder as contributors to completion of the documents. She was glad to read that evacuation routes and emergency access routes are being addressed.
Response 2-1: Comment noted.
Comment 2-2: The Commenter asks how an oversight committee will be formed and implemented (Section 6.2.1), and how the City will be involved in the Shasta County’s Fire Safe Council(s). She also references the Mitigation Action Support Tool (MAST).
Response 2-2: These comments address the City’s 2021 update to the LHMP1. The 2040 General Plan references the LHMP in Policy HS-1.9 and in Implementation Actions HS-2.1 (Update the HMP regularly and as required to stay in compliance with relevant FEMA and State requirements) and Implementation Action HS-2.2 (Prioritize and apply for funding through the FEMA Hazard Mitigation Assistance grant program and through CAL FIRE for mitigation actions identified in the LHMP).
The 2021 LHMP states that the LHMP Oversight (Steering) Committee will meet biannually to monitor implementation actions identified in the LHMP and will prepare an annual report that identifies needed updates to the LHMP.
The City is responsible for establishing the committee. Table 5-6 in the LHMP provides details on each mitigation action, including a timeframe for completion of each action. Joining and collaborating with the local Fire Safe Council is identified in the LHMP as an extreme priority. As stated in the LHMP, MAST will be used to provide real-time updating of mitigation actions, implementation strategies, funding sources, responsible parties, and related information.
This comment does not raise significant environmental issues related to the proposed 2040 General Plan. No revisions to the DPEIR or mitigation measures are necessary.
Comment 2-3: The Commenter asks how Arundo donax and other invasive species are addressed in the DPEIR and/or General Plan update.
Response 2-3: Section 4.4 (Biological Resources) of the DPEIR addresses potential adverse impacts on biological resources that could occur due to the introduction and/or spread of invasive species. Section 4.4.2 (Environmental Setting) of the DPEIR, page 4.4-13, states that non-native invasive plants that are known to occur in the Stillwater-Churn Creek watershed include, but are not limited 1 City of Shasta Lake Local Hazard Mitigation Plan (2021 Update). https://www.cityofshastalake.org/LHMP
Shasta Lake 2040 General Plan
to giant reed (Arundo donax), yellow star-thistle, pampas grass, scotch broom, Himalayan blackberry, medusa-head grass, tree-of-heaven, bull thistle, and tall fescue.
Section 4.4 (Biological Resources), Impact 4.4-1 on page 4.4-40, of the DPEIR describes potential mitigation measures that could be imposed on future projects, including requiring the use of certified weed-free erosion control materials, mulch, and seed; limiting any import or export of fill material to materials that are known to be weed free; and requiring construction equipment to be washed at a commercial wash facility prior to entering the job site and upon leaving the job site.
In addition, the proposed 2040 General Plan includes Policy CON-3.7 (Control the spread of invasive plant species and work with private landowners and landscapers to support these efforts), and Implementation Action CON-3.4 (Continue and evaluate programs and incentives to encourage the use of locally-propagated plants and trees and discourage the use of invasive, nonnative species in home and commercial landscaping).
Compliance with the 2040 General Plan and implementation of projectspecific mitigation measures adequately minimizes potential impacts associated with noxious/invasive weeds. No revisions to the DPEIR are necessary.
Comment 2-4: The Commenter states that she could not find any information or discussion about ingress and egress in the Industrial Park. This issue has been discussed over the years but it does not appear that any action has been taken. She references DPEIR Figure 4.9-3 (Evacuation Routes).
Response 2-4: Section 4.9 (Hazards and Hazardous Materials) of the DPEIR addresses emergency access. Figure 4.9-3 on page 4.9-19 of the DPEIR shows the locations of existing evacuation routes. Section 4.17 (Transportation), Figure
4.17-1 (Functional Classification of Roadways) identifies potential alignments for future roads in the City.
As shown in Figure 4.17-1, there are two potential alignments for a future road extension from the southern boundary of Shasta Gateway Industrial Park.
One alignment would connect to Cascade Boulevard to the east, and the second option would connect to Oasis Road in the City of Redding to the south.
The specific alignment of a future permanent roadway in this area would depend on a number of factors, including the layout of future development, environmental/development constraints, and the ability to acquire the land needed for the road right-of-way (ROW). Funding is also a major factor; the preliminary cost estimate prepared in 2011 for extending Shasta Gateway Drive to Cascade Boulevard was $11.2 million.
As stated under Impact 4.9-4 on page 4.9-18 of the DPEIR, new major subdivisions and commercial/industrial centers in the City are required to provide two points of access to facilitate the evacuation of people in the event of an emergency and to allow emergency responders to access the area.
Comments and Responses to Comments Page 11
Shasta Lake 2040 General Plan
All development projects in the City are reviewed by the Shasta Lake Fire Protection District (SLFPD), and the SLFPD identifies specific requirements for fire access roads, turnarounds, turnouts, and other measures to ensure that adequate emergency access is provided. These measures must be implemented into building/site plans and verified by the City’s Building Official prior to issuance of building permits. The SLFPD and Building Official verify that all required improvements are completed prior to issuance of a Certificate of Occupancy.
General Plan Policy H-3.3 requires that new development be limited in high fire hazard zones to those projects which can meet established standards for adequate emergency and evacuation access and water supplies. As required by proposed General Plan Implementation Action HS-1.2, the City will identify existing developed areas that lack adequate emergency service, especially focusing on neighborhoods in high wildfire hazard zones that do not have at least two emergency evacuation routes.
No revisions to the DPEIR or mitigation measures are necessary.
Comment 2-5: The Commenter references short-term rentals, such as Airbnb, and asks how violations would be reported and enforced.
Response 2-5: Shasta Lake Municipal Code (SLMC) §17.88.275 (Short-Term Rentals) requires that operators of short-term rentals obtain a permit from the City and comply with the requirements for short-term rentals included in this section of the SLMC. The permit is subject to annual renewal. SLMC §17.88.275(I) includes enforcement provisions for short-term rentals. Violations are subject to issuance of a citation and fine, or revocation of the permit.
This comment does not raise significant environmental issues related to the proposed 2040 General Plan. No revisions to the DPEIR or mitigation measures are necessary.
Comment 2-6: The Commenter states that there appears to be a typographical error, and that a reference to “laws” should be “lawns.”
Response 2-6: Figure 2-6 (page 2-23) of the Land Use Element of the General Plan will be revised to change “laws” to “lawns”. No revisions to the DPEIR are necessary.
FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
CITY OF SHASTA LAKE
2040 GENERAL PLAN UPDATE
STATE CLEARINGHOUSE NO. 2021070574
LEAD AGENCY:
City of Shasta Lake
4477 Main Street
Shasta Lake, CA 96019
530.275.7400
October 2022
Page intentionally left blank to facilitate two-sided printing Findings of Fact and Statement of Overriding Considerations Shasta Lake 2040 General Plan
Table of Contents
SECTION PAGE
1.0 Introduction and Overview ........................................................................................................................................................ 1 Findings of Fact ...........................................................................................................................................................................................1 Statement of Overriding Considerations ................................................................................................................................1
2.0 Procedural Background .............................................................................................................................................................. 1
2.1 Notice of Preparation ................................................................................................................................................................1
2.2 Draft PEIR ........................................................................................................................................................................................... 2
2.3 Record of Proceedings, Custodian, and Location ............................................................................................ 2
3.0 Effects Determined to Have No Impact or a Less-than-Significant Impact ........................................... 3
4.0 Effects Determined to Be Less than Significant with Mitigation Incorporated ..................................... 9
5.0 Effects Determined to be Significant and Unavoidable ..................................................................................... 10
6.0 Project Alternatives ...................................................................................................................................................................... 13
7.0 Statement of Overriding Considerations ....................................................................................................................... 14 Page intentionally left blank to facilitate two-sided printing Findings of Fact and Statement of Overriding Considerations Page 1 Shasta Lake 2040 General Plan
1.0 Introduction and Overview
In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000-§21189) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §15000-§15387), the City of Shasta Lake (City), as lead agency, prepared a Final Program Environmental Impact Report (FPEIR) to provide the public and reviewing agencies with information about the potential environmental effects that could occur due to implementation of the proposed City of Shasta Lake 2040 General Plan (2040 General Plan; project).
Findings of Fact
Pursuant to §15091 of the CEQA Guidelines, when an EIR identifies one or more significant environmental effects that could occur as a result of implementation of a project, public agencies must make written findings for each of the significant effects, along with a brief explanation of the rationale for each finding. The facts upon which the findings herein are based are documented in the applicable resource sections of the EIR. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. As defined in CEQA §21061.1, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Statement of Overriding Considerations
In accordance with §15093 of the CEQA Guidelines, decision-making agencies must balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. When an impact is identified as significant and unavoidable, the lead agency may still approve the project but must prepare a Statement of Overriding Considerations documenting how the benefits, including region-wide and/or statewide environmental benefits of a project, outweigh the unavoidable adverse environmental effects. The Statement of Overriding Considerations for the 2040 General Plan is included in Section 7.0.
2.0 Procedural Background
2.1 Notice of Preparation
The City issued a Notice of Preparation (NOP) for the proposed project on July 30, 2021, to notify public agencies/organizations and the general public about the City’s intent to prepare a PEIR and to obtain input on the scope of the environmental issues to be addressed in the PEIR (CEQA Guidelines §15082(a)). In addition, a scoping meeting was held by the City on August 9, 2021, to present information on the 2040 General Plan and obtain comments regarding issues to be addressed in the PEIR. Notice of the scoping meeting was included in the NOP, posted on the City’s website, and mailed to several interested members of the community who had requested such notification. The scoping meeting was conducted in person and was also made available virtually via Zoom.
Shasta Lake 2040 General Plan
Comment letters on the NOP were received from the California Department of Fish and Wildlife (CDFW) and the Native American Heritage Commission (NAHC) during the public review period for the NOP, which ended on September 10, 2021. In addition, seven individuals attended the in-person scoping meeting and presented comments. The comments were considered during preparation of the Draft PEIR (DPEIR) and are included in Appendix A of the DPEIR.
2.2 Draft PEIR
The DPEIR for the 2040 General Plan was made available to the general public and interested agencies for a 45-day public review period. The agency review period managed by the State Clearinghouse and the general public review period ended on September 8, 2022. The City received two comment letters (emails) that addressed the DPEIR before the end of the comment period. In accordance with §15088 of the CEQA Guidelines, the City, as lead agency, provided written responses to these comments. Appendix A of the FPEIR includes a list of individuals who submitted comments on the DPEIR, the comment letters in their entirety, and the City’s responses to the comments.
2.3 Record of Proceedings, Custodian, and Location
For purposes of CEQA, the record of proceedings upon which the City, as lead agency, based its findings and determinations regarding the FPEIR for the 2040 General Plan consists of the following documents and testimony, at a minimum:
The NOP, Notice of Availability, and all other public notices issued by the City related to the DPEIR and FPEIR for the Shasta Lake 2040 General Plan. The DPEIR for the 2040 General Plan, including all appendices and documents/resources referenced in the DPEIR.
The FPEIR for the 2040 General Plan, including all appendices and documents/resources referenced in the FPEIR.
All written comments submitted to the City related to the NOP, DPEIR, and FPEIR for the 2040 General Plan.
All oral testimony submitted during the NOP public scoping session and public hearings/meetings held to obtain comments on the NOP and/or DPEIR for the 2040 General Plan.
Audio and video recordings, minutes, and/or transcripts of workshops, public meetings, and public hearings held by the City related to the 2040 General Plan. All staff reports, memoranda, studies, maps, and related documents prepared by the City or consultants to the City related to the 2040 General Plan. All resolutions adopted by the City regarding the 2040 General Plan. Any documents cited in these Findings of Fact, and any other documents identified in CEQA §21167.6(e).
The City of Shasta Lake is the custodian of the record of proceedings for the FPEIR for the 2040 General Plan update. The record of proceedings is on file at:
City of Shasta Lake City Hall
Development Services Department
4477 Main Street
Shasta Lake, CA 96019
Findings of Fact and Statement of Overriding Considerations Page 3 Shasta Lake 2040 General Plan
3.0 Effects Determined to Have No Impact or a Less-than-Significant Impact The FPEIR for the 2040 General Plan provides documentation, based on substantial evidence, that certain impacts that could result due to implementation of the 2040 General Plan would not directly, indirectly, or cumulatively have a significant impact on the environment, and no mitigation measures are required. These impacts are identified in Table 3.0-1 below.
Table 3.0-1
Effects Determined to Have No Impact or a Less-Than-Significant Impact Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Aesthetics
Have a substantial adverse effect on a scenic vista. Impact 4.1-1 LTS, LCC Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway.
Impact 4.1-2 LTS, LCC
Substantially degrade the existing visual character or quality of public views of development sites and their surroundings, or conflict with applicable zoning and other regulations governing scenic quality.
Impact 4.1-3 LTS, LCC
Create a new source of substantial lighting and glare that would adversely affect day or nighttime views in the area.
Impact 4.1-4 LTS, LCC
Agricultural/Forestry Resources
Convert prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program, to non-agricultural use or involve other changes in the existing environment that could result in conversion of farmland to non-agricultural use.
Impact 4.2-1 NI
Conflict with existing zoning for agricultural use. Impact 4.2-2 NI Result in the loss of forest land as defined in Public Resources Code (PRC) §12220(g), or conversion of forest land to non-forest use.
Impact 4.2-3 LTS, LCC
Air Quality
Expose sensitive receptors to substantial pollutant concentrations. Impact 4.3-3 LTS, LCC Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
Impact 4.3-4 LTS, LCC
Biological Resources
Have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS).
Impact 4.4-2 LTS, LCC
Shasta Lake 2040 General Plan
Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means.
Impact 4.4-3 LTS, LCC
Interfere with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
Impact 4.4-4 LTS, LCC
Conflict with any local policies or ordinances protecting biological resources.
Impact 4.4-5 NI
Cultural Resources
Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5.
Impact 4.5-1 LTS, LCC
Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5.
Impact 4.5-2 LTS, LCC
Disturb human remains, including those interred outside of dedicated cemeteries.
Impact 4.5-3 LTS, LCC
Tribal Cultural Resources
Cause a substantial adverse change in the significance of a tribal cultural resource, as defined in PRC §21074, that is listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources.
Impact 4.6-1 LTS, LCC
Cause a substantial adverse change in the significance of a tribal cultural resource, as defined in PRC §21074, as determined by the City, in its discretion and supported by substantial evidence, to be significant pursuant to the criteria in PRC §5024.1(c), taking into consideration the significance of the resource to a California Native American tribe.
Impact 4.6-2 LTS, LCC
Greenhouse Gases
Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation.
Impact 4.7-1 LTS, LCC
Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
Impact 4.7-2 NI
Findings of Fact and Statement of Overriding Considerations Page 5 Shasta Lake 2040 General Plan
Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Geology and Soils
Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map or based on other substantial evidence.
ii. Strong seismic ground shaking and seismic-related ground failure, including liquefaction and lateral spreading.
iii. Landslides.
Impact 4.8-1 LTS, LCC
Result in substantial soil erosion or the loss of topsoil. Impact 4.8-2 LTS, LCC Result in development on a geologic unit or soil that may experience significant subsidence.
Impact 4.8-3 NI
Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property.
Impact 4.8-4 LTS, LCC
Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater.
Impact 4.8-5 LTS, LCC
Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
Impact 4.8-6 LTS, LCC
Hazards and Hazardous Materials
Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
Impact 4.9-1 LTS, LCC
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
Impact 4.9-2 LTS, LCC
Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would create a significant hazard to the public or the environment.
Impact 4.9-3 LTS, LCC
Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan.
Impact 4.9-4 NI
Hydrology and Water Quality
Violate water quality standards or waste discharge requirements by substantially degrading surface or groundwater quality.
Impact 4.10-1 LTS, LCC
Shasta Lake 2040 General Plan
Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
Impact 4.10-2 LTS, LCC
Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
Impact 4.10-3 LTS, LCC
Substantially alter existing drainage patterns, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would:
a. Result in substantial erosion or siltation on- or off-site or provide substantial additional sources of polluted runoff. b. Substantially increase the rate or amount of surface runoff and result in flooding on- or off-site.
c. Substantially create or contribute runoff water that would exceed the capacity of existing or planned stormwater
drainage systems.
d. Impede or redirect fire flows.
Impact 4.10-4 LTS, LCC
Result in the release of pollutants due to inundation of a project in flood hazard or seiche zones.
Impact 4.10-5 LTS, LCC
Land Use and Planning
Physically divide an established community. Impact 4.11-1 NI Mineral Resources
Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State.
Impact 4.12-1 NI
Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan.
Impact 4.12-2 NI
Noise
Cause a substantial temporary or permanent increase in ambient noise levels in excess of standards established in the local general plan or of applicable standards of other agencies.
Impact 4.13-1 LTS, LCC
Cause excessive groundborne vibration or groundborne noise levels.
Impact 4.13-2 LTS, LCC
Expose people residing or working in the project area to excessive noise levels from a private airstrip.
Impact 4.13-3 LTS, LCC
Findings of Fact and Statement of Overriding Considerations Page 7 Shasta Lake 2040 General Plan
Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Population and Housing
Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and/or businesses) or indirectly (e.g., through the extension of roads or other infrastructure).
Impact 4.14-1 LTS, LCC
Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Impact 4.14-2 NI
Public Services
Result in the need for new and/or expanded fire protection facilities, the construction of which could cause significant environmental impacts.
Impact 4.15-1 LTS, LCC
Result in the need for new and/or expanded police protection facilities, the construction of which could cause significant environmental impacts.
Impact 4.15-2 LTS, LCC
Result in the need for new and/or expanded school facilities, the construction of which could cause significant environmental impacts.
Impact 4.15-3 LTS, LCC
Result in the need for new and/or expanded public health and/or other public services facilities, the construction of which could cause significant environmental impacts.
Impact 4.15-4 LTS, LCC
Recreation
Increase the use of existing neighborhood and/or regional parks or other recreational facilities in a manner that would result in a substantial physical deterioration of such facilities or accelerate the deterioration of the facilities.
Impact 4.16-1 LTS, LCC
Require the construction or expansion of recreational facilities that would result in an adverse physical effect on the environment.
Impact 4.16-2 LTS, LCC
Transportation
Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, and/or bicycle and pedestrian facilities.
Impact 4.17-1 NI
Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).
Impact 4.17-3 LTS, LCC
Result in inadequate emergency access. Impact 4.17-4 NI Utilities and Service Systems
Have insufficient capacity in the water treatment and distribution system to serve development under the 2040 General Plan, in addition to the provider’s existing commitments.
Impact 4.18-1 LTS, LCC
Shasta Lake 2040 General Plan
Impact Impact
Number
Level of
Significance
NI – No Impact LTS – Less than Significant
LCC – Less than Cumulatively
Considerable
Have insufficient capacity in the wastewater collection and treatment system to serve development under the 2040 General Plan, in addition to the provider’s existing commitments.
Impact 4.18-2 LTS, LCC
Have insufficient capacity in the electrical utility system to serve development under the 2040 General Plan, in addition to the provider’s existing commitments.
Impact 4.18-3 LTS, LCC
Require construction or relocation of new or expanded utility infrastructure (e.g., waterlines, sewer lines, water or wastewater treatment facilities, electric, natural gas, stormwater drainage, or telecommunications facilities), that would cause significant environmental effects.
Impact 4.18-4 LTS, LCC
Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, impair the attainment of solid waste reduction goals, or result in non-compliance with federal, State, and local management and reduction statutes and regulations related to solid waste.
Impact 4.18-6 LTS, LCC
Wildfire
Substantially impair an adopted emergency response plan or emergency evacuation plan.
Impact 4.19-1 NI
Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, thereby exposing people to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.
Impact 4.19-2 LTS, LCC
Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
Impact 4.19-3 LTS, LCC
Require the installation and maintenance of associated
infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
Impact 4.19-4 LTS, LCC
Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.
Impact 4.19-5 LTS, LCC
Findings
The City Council finds that the FPEIR provides a comprehensive evaluation of the 2040 General Plan and accurately describes potential impacts on the environment. The conclusions that were reached regarding level of significance for each impact statement included in Table 3.0-1 are supported by substantial evidence in the record. The FPEIR should be referenced for a detailed analysis of these impacts.
Findings of Fact and Statement of Overriding Considerations Page 9 Shasta Lake 2040 General Plan
4.0 Effects Determined to Be Less than Significant with Mitigation Incorporated As shown in Table 4.0-1, the FPEIR identifies one potentially significant impact that could occur as a result of implementation of the 2040 General Plan. As documented in the FPEIR, this impact would be reduced to a less-than-significant level with implementation of the mitigation measure identified in Table 4.0-1. The FPEIR should be referenced for a detailed analysis of this impact.
Table 4.0-1
Effects Determined to have a Less-than-Significant Impact with Mitigation Incorporated Impact Impact
Number Mitigation Measure
Utilities and Service Systems
There could be insufficient
water supplies available to
serve development under
the 2040 General Plan during
dry and multiple dry years.
Impact 4.18-5 Mitigation Measure 4.18-1
In order to minimize potential impacts during dry and
multiple dry years, the City shall implement the
following:
a. Add the following Policy CON 4.8 to the General
Plan Conservation Element:
Prior to the approval of major new development,
Specific Plans, major infrastructure improvements,
or other projects that would result in significant
increased demand on existing water supplies,
require that projects demonstrate proof of
availability of adequate water supply (e.g., that
existing supplies are adequate to accommodate
the increased project demand, or that
improvements to the capacity of the system to
meet the increased demand will be made prior to
project implementation), and that potential impacts
to water supplies will be addressed.
b. Add the following Implementation Action CON-4.9
to the General Plan Conservation Element:
As part of the development review process, require
new large-scale development to mitigate the
potential project demand on the community’s
available water supply.
c. Add the following Implementation Action CON-4.10
to the General Plan Conservation Element:
Explore opportunities to develop mechanisms and
infrastructure to deliver reclaimed water to city
water users from the City’s Wastewater Treatment
System and other sources.
Findings
The City Council finds that the FPEIR provides a comprehensive evaluation of the 2040 General Plan and accurately describes potential impacts on the environment. The conclusions that were reached regarding level of significance are supported by substantial evidence in the record. The FPEIR should be referenced for a detailed analysis of this impact. In accordance with §15091(a)(1) of the CEQA Guidelines, the City Council finds that changes to the 2040 General Plan required by Mitigation Measure 4.18-1 substantially lessen Impact 4.18-5 to a less-than-significant level.
Shasta Lake 2040 General Plan
Mitigation Monitoring and Reporting Program
The policy and implementation actions required by Mitigation Measure 4.18-1 will be incorporated into the 2040 General Plan prior to adoption by the City Council. Therefore, a mitigation monitoring and reporting program is not required.
5.0 Effects Determined to be Significant and Unavoidable As documented in the FPEIR, the City has determined that the environmental effects identified in Table 5.0-1 cannot be mitigated to a less-than-significant level because it is not possible to identify project-specific mitigation measures at the programmatic level.
Table 5.0-1
Effects Determined to be Significant and Unavoidable
Impact Impact Number Level of Significance
SU – Significant and Unavoidable CC – Cumulatively Considerable Air Quality
Conflict with or obstruct implementation of the applicable air quality plan.
Impact 4.3-1 SU, CC
Findings
The Northern Sacramento Valley Planning Area (NSVPA) 2021 Air Quality Attainment Plan (AQAP) constitutes the region’s State Implementation Plan (SIP) and focuses on achieving and maintaining the State ambient air quality standards (AAQS) for ozone by the earliest practicable date. Although emissions that would occur with implementation of the 2040 General Plan comprise a very small percentage of projected emissions in the NSVPA, and mitigation measures would be implemented as necessary, it is possible that future projects may exceed adopted thresholds or conflict with plans that were adopted to achieve and maintain the State’s AAQS. Due to the programmatic nature of the FPEIR, it is not possible to estimate project-specific emissions or identify quantifiable mitigation measures that would reduce project-specific emissions.
Therefore, the potential for future projects to conflict with or obstruct implementation of the NSVPA AQAP is considered significant and unavoidable.
Result in a cumulatively considerable net increase of
criteria pollutants for which the project region is in nonattainment under an applicable federal or State ambient air quality standard.
Impact 4.3-2 SU, CC
Findings
Development under the 2040 General Plan would be analyzed on a case-by-case basis when detailed information regarding construction and operational activities is known. Future projects would be subject to the General Plan policies and implementation actions identified in Section 4.3.4 of the DPEIR, as well as Shasta County Air Quality Management District (SCAQMD) and State rules and regulations, including, but not limited to those identified in Section 4.3.3 (Regulatory Framework) of the DPEIR.
Standard mitigation measures (SMMs) would be implemented, and the City would consult with the SCAQMD as necessary to identify project-specific best available mitigation measures (BAMMs) and other measures that could be implemented to achieve compliance with established thresholds. However, due to the programmatic nature of the FPEIR, it is not possible to identify quantifiable mitigation measures that would reduce project-specific emissions below the referenced thresholds.
Findings of Fact and Statement of Overriding Considerations Page 11 Shasta Lake 2040 General Plan
Impact Impact Number Level of Significance
SU – Significant and Unavoidable CC – Cumulatively Considerable The potential for development under the 2040 General Plan to result in a cumulatively considerable net increase of a criteria pollutant for which the project area is in non-attainment is possible, and therefore considered significant and unavoidable.
Biological Resources
Have a substantial adverse effect, either directly or through habitat modifications, on a species identified as a
candidate, sensitive, or special-status species in local or regional plans, policies, or regulations by the CDFW or the USFWS.
Impact 4.4-1 SU, CC
Findings
Future projects would be reviewed on a case-by-case basis to identify potential direct and indirect impacts on special-status species and their habitats, and mitigation measures would be implemented as necessary. Future projects would be subject to compliance with the 2040 General Plan policies and implementation actions identified in Section 4.4.4 of the DPEIR, and the federal, State, and local regulations identified in Section 4.4.3 (Regulatory Framework) of the DPEIR. In addition to mitigation measures adopted by the City, permits issued by resource agencies (California Department of Fish and Wildlife, Regional Water Quality Control Board, U.S. Army Corps of Engineers, etc.), if necessary, may include additional measures to further minimize impacts.
The City recognizes that implementation of the proposed General Plan may result in the direct, indirect, and cumulative loss of habitat even though future development would comply with federal, State, and local regulations adopted for the protection of special-status species and their habitats. Project-specific mitigation would be implemented as necessary to minimize impacts, but it is possible that in some cases, mitigation measures would not effectively reduce impacts to a less-than significant level. Therefore, potential impacts on special-status species and their habitats are considered significant and unavoidable.
Greenhouse Gases, Climate Change, and Energy
Generate greenhouse gas emissions, directly or indirectly, resulting in a significant impact on the environment.
Impact 4.7-3 SU, CC
Findings
Implementation of State and local requirements, including but not limited to those identified in Section
4.7.3 (Regulatory Framework) of the DPEIR, would result in a continuing reduction of greenhouse gas (GHG) emissions during the 20-year planning period. GHG emissions in the transportation and building construction sectors will also continue to decrease with implementation of State regulations.
The City’s 2040 General Plan encourages a land use pattern that reduces reliance on the automobile and facilitates alternative modes of transportation by promoting infill development, mixed-use development near employment centers, and increased residential densities near employment and shopping, and along major traffic corridors. Compliance with the General Plan policies and implementation actions identified in Section 4.7.4 of the DPEIR would result in a reduction in GHG emissions. Future development under the 2040 General Plan would be reviewed on a case-by-case basis to determine project-specific impacts. If necessary, mitigation measures, such as those identified in Table 4.7-8 of the DPEIR, would be implemented to minimize GHG emissions.
However, due to the programmatic nature of the FPEIR, it is not possible to identify quantifiable mitigation measures that would effectively reduce project-specific GHG emissions. Therefore, potential impacts associated with GHG emissions are considered significant and unavoidable.
Shasta Lake 2040 General Plan
Impact Impact Number Level of Significance
SU – Significant and Unavoidable CC – Cumulatively Considerable Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing greenhouse gas
emissions.
Impact 4.7-4 SU, CC
Findings
Applicable plans, policies, and regulations that were adopted for the purpose of reducing GHG emissions are identified in Section 4.7.3 (Regulatory Framework). A project is considered consistent with plans, policies, and regulations if it implements the GHG reduction requirements of such plans, policies, and regulations, and does not impede attainment of established GHG goals. The State’s Climate Change Scoping Plan is the State’s comprehensive plan that identifies goals related to reducing GHG emissions and measures necessary to reach the State’s GHG reduction targets.
Future projects under the 2040 General Plan would be reviewed on a case-by-case basis to ensure that the project does not conflict with applicable plans, policies, or regulations for the reduction of GHG emissions. If necessary, projects would be required to implement mitigation measures to minimize GHG emissions. These measures could include those identified in Table 4.7-8 of the DPEIR. However, due to the programmatic nature of the FPEIR, it is not possible to identify project-specific mitigation measures that would ensure consistency with plans, policies, and regulations adopted for the purpose of reducing GHG emissions. Therefore, potential impacts are considered significant and unavoidable.
Land Use and Planning
Result in an environmental impact due to a conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
Impact 4.11-2 SU, CC
Findings
Projects under the 2040 General Plan will be reviewed on a case-by-case basis to ensure compliance with applicable federal, State, and local plans, policies, and regulations that are in place at the time an application for development is submitted to the City. Project-specific mitigation would be implemented as feasible to minimize impacts, but it is possible that in some cases, mitigation measures would not effectively reduce impacts to a less-than-significant level, thereby resulting in a conflict with plans, policies and/or regulations that were adopted for the purpose of avoiding or mitigating an environmental effect. Therefore, potential impacts are considered significant and unavoidable.
Transportation
Conflict with criteria for analyzing transportation impacts based on vehicle miles traveled (VMT) pursuant to CEQA
Guidelines §15064.3(b).
Impact 4.17-2 SU, CC
Findings
The 2040 General Plan includes policies and implementation actions that would reduce VMT; however, it is not possible to quantify VMT reductions without site- and project-specific information. Although VMT under the 2040 General Plan would be ±0.3 percent less than what is expected to occur under the current General Plan, VMT would not be below the referenced significance thresholds for GHG emission reductions (i.e., 15 percent below existing VMT for residential and office developments, and no net increase in total VMT for retail developments).
Due to the programmatic nature of the FPEIR, it is not possible to identify project-specific mitigation measures at this time. Therefore, impacts associated with VMT are considered significant and unavoidable.
Findings of Fact and Statement of Overriding Considerations Page 13 Shasta Lake 2040 General Plan
Conclusions for Significant and Unavoidable Impacts
The City finds, based on substantial evidence in the administrative record, which includes the documents and testimony identified in Section 2.3 above, that there are no additional feasible mitigation measures, changes, or alternatives currently available to reduce the significant and unavoidable impacts identified in Table 5.0-1.
Therefore, pursuant to §15093 of the CEQA Guidelines, approval of the 2040 General Plan requires the City to prepare a written Statement of Overriding Considerations. The Statement of Overriding Considerations is included in Section 7.0 below.
6.0 Project Alternatives
Because implementation of the 2040 General Plan would result in significant and unavoidable impacts (refer to Table 5.0-1), the City must make findings with respect to the alternatives evaluated in the EIR.
As documented in Section 6.0 (Alternatives Analysis) of the DPEIR, three alternatives to the proposed 2040 General Plan were considered in accordance with §15126.6 of the CEQA Guidelines.
Based on the evaluation included in Section 6.0 of the DPEIR, it was determined that Alternative 3, the Commercial/Industrial-Intensive Alternative would result in greater environmental impacts in most of the resource categories evaluated in the DPEIR and would not lessen any of the potentially significant effects of the project. Therefore, Alternative 3 was rejected due to its inability to avoid significant environmental impacts.
As documented in Section 6.0 of the DPEIR, the following alternatives to the proposed 2040 General Plan were identified as the environmentally superior alternatives:
Alternative 1 – No Project Alternative
Under Alternative 1, the proposed 2040 General Plan update would not be adopted, and the goals, policies, implementation actions, and land use designations of the existing 1999 General Plan would remain in effect. As documented in Section 6.0 of the DPEIR, Alternative 1 was identified as the environmentally superior alternative because it reduces potential impacts in most of the resource categories evaluated in the DPEIR; however, all of the impacts identified in Table 5.0-1 would remain significant and unavoidable under Alternative 1.
Alternative 1 would result in fewer housing units, less square footage of commercial and industrial development, and fewer jobs than under the proposed 2040 General Plan. Further, the new policies that support alternative transportation modes (i.e., transit, pedestrian, and bicycle facilities), and strategies that ensure good air quality, reduce greenhouse gas emissions, and reduce VMT would not be implemented.
The No Project Alternative does not support the following objectives of the 2040 General Plan to the same extent as the proposed 2040 General Plan:
Provide a diverse and affordable housing stock attracting professionals, families, and seniors.
Establish a balanced and connected network of multiple transportation methods allowing safe and efficient movement by users of all ages, abilities, and modes. Provide a business-friendly economy that encourages economic development, prosperity, and community enrichment while allowing the City to receive a reliable tax base.
Shasta Lake 2040 General Plan
Establish a community that fosters health and well-being, where citizens feel safe and connected to their community.
Establish a healthy community with access to fresh food, recreation opportunities, social engagement, clean water and air, and multi-modal transportation options. Provide sufficient land designated for industrial uses that provide a variety of desirable and stable jobs.
Provide a walkable downtown containing shopping, dining, entertainment, offices, and residences surrounded by revitalized neighborhoods, connected to all parts of the community.
Findings
Alternative 1 is rejected because specific economic, social, and other considerations, including the provision of increased employment opportunities, additional opportunities for affordable housing, and an improved multi-modal transportation system make this alternative infeasible.
Alternative 2 – Residential-Focused Alternative
Excluding Alternative 1, Alternative 2 is the environmentally superior alternative because it also reduces the severity of potential impacts in several resource categories; however, all of the impacts identified in Table 5.0-1 would remain significant and unavoidable under Alternative 2.
Under Alternative 2, the proposed modifications to the goals, policies, and implementation actions of the General Plan, and changes in residential land use designations would occur as proposed in the 2040 General Plan. A residential-focused alternative would increase housing units and population growth as proposed, but no increases in floor area ratios (FARs) or in the amount of land available for commercial and industrial development would occur, thereby reducing potential job growth. Further, Alternative 2 does not support the following objectives of the 2040 General Plan to the same extent as the proposed 2040 General Plan:
Provide a business-friendly economy that encourages economic development, prosperity, and community enrichment while allowing the City to receive a reliable tax base. Provide sufficient land designated for industrial uses that provides a variety of desirable and stable jobs.
Findings
Alternative 2 is rejected because specific economic, social, and other considerations, including the provision of employment opportunities, make this alternative infeasible.
7.0 Statement of Overriding Considerations
In accordance with CEQA Guidelines §15093, the City of Shasta Lake has balanced the benefits of the 2040 General Plan against the project’s potential significant and unavoidable impacts (refer to Table 5.0-1). The City finds that the project’s benefits outweigh the project’s significant and unavoidable impacts; those impacts, therefore, are considered acceptable in light of the proposed project’s benefits.
The City finds that each of the following benefits is an overriding consideration that warrants approval of the proposed 2040 General Plan, despite the potential significant and unavoidable impacts.
Findings of Fact and Statement of Overriding Considerations Page 15 Shasta Lake 2040 General Plan
In considering the Statement of Overriding Considerations, the City has evaluated information contained in the FPEIR and additional information contained in the administrative record for the 2040 General Plan (refer to Section 2.3). The City hereby finds that:
1. All feasible mitigation measures have been considered and adopted.
2. Alternatives that were considered would not eliminate or substantially lessen environmental effects identified in the FPEIR and would not change the impact determinations in the FPEIR. Further, specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make the project alternatives infeasible.
3. Each of the benefits identified herein is determined to be a separate and independent overriding consideration for finding that the benefits of the 2040 General Plan outweigh and override its potential significant and unavoidable environmental effects.
For the reasons documented herein, the City finds that the significant unavoidable impacts of the 2040 General Plan are outweighed by the benefits of the project including the following:
1. Increased Range of Housing Opportunities
The 2040 General Plan increases opportunities for housing by increasing residential densities along major transportation corridors and near employment centers and shopping.
The 2040 General Plan also increases the amount of land designated mixed-use, allowing for a wide range of housing opportunities to meet the needs of all income levels and stages of life. Increased housing densities and opportunities assist the City with meeting its regional housing needs allocation (RHNA) established by the State.
2. Increased Economic Opportunities
The 2040 General Plan increases the allowable floor area ratio (FAR) for Village Mixed Use, Commercial, Industrial, and Light Industrial zone districts, providing for additional local services and job opportunities, potentially allowing residents to live and work locally.
3. Improved Transportation System
The 2040 General Plan includes new policies and implementation actions that promote development of a transportation system that meets the needs of all segments of the population through a complete streets approach. This includes increasing options for alternative transportation (public transit, walking, and bicycling); ensuring that pedestrian and bicycle systems connect residential neighborhoods to public facilities and services, schools, parks, and shopping areas; and other means to develop a multi-modal transportation system that meets the needs of all members of the community. Housing growth is focused in locations with access to services, amenities, and open spaces, which is expected to reduce VMT.
4. Improved Preservation of Natural Resources
The 2040 General Plan includes a Natural Resource Overlay Zone map that provides for the protection of significant wildlife habitat resources. In addition, new policies and implementation actions are included in the Conservation Element to control the spread of invasive plant species, require development of standards for stream buffers, and require other protective measures to preserve natural resources.
Shasta Lake 2040 General Plan
5. Addition of Climate Change Goals, Policies, and Implementation Actions The 2040 General Plan includes new goals, policies, and implementation actions that minimize the risk to life and property from climate change. For example, Policy HS-5.1 requires that climate change considerations be incorporated into city processes and planning efforts, utilizing best available data to understand climate predictions and potential impacts on community resources and facilities.
Implementation Action HS-5.1 requires that the City consider climate change impacts that may be exacerbated by new development, and identify appropriate mitigation. Additional climate change policies and implementation actions are identified under General Plan Goal HS-5 (Minimize the risk to life and property from climate change), on page 7-72 of the 2040 General Plan.
6. Addition of Community Health and Wellness Goals, Policies, and Implementation Actions The 2040 General Plan includes new goals, policies, and implementation actions that focus on creating and maintaining a community with equitable access to healthy foods, comprehensive health care services, nutrition programs, childcare, and supportive services.
The community health and wellness measures focus on fostering healthy lifestyles through partnerships with the school district, community health providers, and neighborhood organizations.
Report and Recommendations 6 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
John S. Kenny, City Attorney
DATE: November 1, 2022
SUBJECT: Adopt a Resolution Calling for a Special Municipal Election on March 7, 2023 for the Election of an Unexpired Term of One Council Seat through December 2024
FILE NO.: New
RECOMMENDATION:
Adopt a Resolution Calling for a Special Municipal Election on March 7, 2023 for the Election of an Unexpired Term of One Council Seat through December 2024.
BACKGROUND:
There is a vacancy on the City Council due to the untimely and unfortunate death of Councilman Larry J. Farr. Government Code Section 36512 addresses methods to fill the vacancy by appointment or by calling for a special election. The City Council at the regular meeting held March 16, 2021 temporarily appointed Matt Doyle to fill the Council Member vacancy to fill that City Council seat until December 2022.
Government Code Section 36512 sets forth the requirements relating to filling vacancies for an elective office. Subdivision (b) of that section provides two options that the City can utilize to fill a vacancy in an elective office within 60 days from the commencement of the vacancy: 1) fill the vacancy by appointment; or 2) call a special election to fill the vacancy.
In addition, Government Code Section 36512 (b)(2)(A) sets forth:
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
Discussion:
Since Larry J. Farr’s seat was vacated in the first half of the term, this position shall be filled by special election. It was the intent of this City Council to fill this vacancy with the November 8, 2022 general election, however due to human error, the 2-year seat was not included in the ballot, therefore a special election will be necessary to fill the seat.
Staff seeks direction regarding holding an all-mail ballot election for this particular seat as a cost savings. California Assembly Bill 37 was enacted in September of 2021, requiring vote by mail ballots to be issued to every active registered voter. The following statistics were provided by the Shasta County Elections office regarding vote by mail percentages:
Shasta County - ALL
Election Percentage of Ballots cast by mail/drop box
11/2020 76%
9/2021 84%
2/2022 90%
6/2022 87%
City of Shasta Lake
Election Percentage of Ballots cast by mail/drop box
11/2020 75%
9/2021 83%
6/2022 87%
Please also note that the Shasta County Elections Office will be open to voters who wish to vote in person from 29 days before the election until election day at 8:00 pm. The City also has the option of hosting vote-in-person at the Larry J. Farr Community Center on March 6th and 7th. The City Clerk would work with the elections department to facilitate it should council wish to make that option available.
FISCAL IMPACTS:
Potentially up to $80,000 for Shasta County Elections Department to conduct the special election.
The City has requested the County to cover the cost for the special election to be decided by the Board of Supervisors on or after 11/01/2022.
ATTACHMENTS:
Resolution
Government Code 36512
Elections Calendar
DISTRIBUTION:
City Council
City Attorney – John S. Kenny
City Clerk – Toni Coates
County of Shasta – Rubin E. Cruse, County Counsel
County of Shasta – Cathy Darling Allen, County Clerk & Registrar of Voters RESOLUTION CC 2022-xx
________________________________________________________________________________
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SHASTA LAKE, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2023, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO SERVE THE REMAINDER OF A TERM ENDING DECEMBER 2024 UNDER THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, Council Member Larry J. Farr, who was elected by the citizens of Shasta Lake in November 2020 to serve a 4-year term as Council Member, passed away on January 20, 2021; and WHEREAS, at the regular meeting held March 16, 2021, the Council temporarily appointed Matt Doyle to fill the Council Member vacancy to fill that City Council seat until December 2022; and.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHASTA LAKE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California and Shasta Lake Municipal Code Section 2.22, there is called and ordered to be held in the City of Shasta Lake, California, on Tuesday, March 7, 2023, a Special Municipal Election for the purpose of electing one (1) member of the City Council of the City of Shasta Lake for the remainder of a term ending December 2024.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Shasta County Clerk & Registrar of Voters (“County Clerk”) to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 6. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Shasta is hereby requested to consent and agree to the consolidation of a Special Municipal Election on Tuesday, March 7, 2023, for the purpose of the election of one (1) Member of the City Council.
SECTION 7. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 9. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of Special Election.
SECTION 10. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Shasta.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
SECTION 12. This Resolution is effective on the day of its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Shasta Lake at a regular meeting thereof held on the 1st day of November 2022 following vote:
AYES:
NOES:
ABSENT:
RICK KERN, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
March 2023 DRAFT Special Vacancy SLC Election
Day of
Wk Date E- Activity
Day of
Wk Date E- Activity
Day of
Wk Date E- Activity
Day of Wk Date E+ Activity Tues 03/07/2023 E Election Day Tues 01/17/2023 49 Tues 11/29/2022 98 Tuesday 04/04/2023 28 Last Day to Certify Mon 03/06/2023 1 Mon 01/16/2023 50 HOL Mon 11/28/2022 99 Monday 04/03/2023 27 Sun 03/05/2023 2 Sun 01/15/2023 51 Sun 11/27/2022 100 Sunday 04/02/2023 26 Sat 03/04/2023 3 Sat 01/14/2023 52 Sat 11/26/2022 101 Saturday 04/01/2023 25 Fri 03/03/2023 4 Fri 01/13/2023 53 Fri 11/25/2022 102 HOL Friday 03/31/2023 24 Thurs 03/02/2023 5 Thurs 01/12/2023 54 Thurs 11/24/2022 103 HOL Thursday 03/30/2023 23 Wed 03/01/2023 6 Wed 01/11/2023 55 Wed 11/23/2022 104 Wednesday 03/29/2023 22 Tues 02/28/2023 7 Reg VBM ends Tues 01/10/2023 56 Tues 11/22/2022 105 Tuesday 03/28/2023 21 Mon 02/27/2023 8 Mon 01/09/2023 57 Mon 11/21/2022 106 Monday 03/27/2023 20 Sun 02/26/2023 9 Sun 01/08/2023 58 Sun 11/20/2022 107 Sunday 03/26/2023 19 Sat 02/25/2023 10 Sat 01/07/2023 59 Sat 11/19/2022 108 Saturday 03/25/2023 18 Fri 02/24/2023 11 Fri 01/06/2023 60 Fri 11/18/2022 109 Friday 03/24/2023 17 Tentative Certification Date Thurs 02/23/2023 12 Thurs 01/05/2023 61 Thurs 11/17/2022 110 Thursday 03/23/2023 16 Wed 02/22/2023 13 Wed 01/04/2023 62 Wed 11/16/2022 111 Wednesday 03/22/2023 15 Tues 02/21/2023 14 reg closes/CVR Begins Tues 01/03/2023 63 Tues 11/15/2022 112 Tuesday 03/21/2023 14 Tentative RLA Mon 02/20/2023 15 HOL Mon 01/02/2023 64 HOL Mon 11/14/2022 113 DOC Opens Monday 03/20/2023 13 Last day to receive challenged VBM cures Sun 02/19/2023 16 Sun 01/01/2023 65 Sun 11/13/2022 114 Sunday 03/19/2023 12 Sat 02/18/2023 17 Sat 12/31/2022 66 Sat 11/12/2022 115 Saturday 03/18/2023 11 Fri 02/17/2023 18 Fri 12/30/2022 67 Fri 11/11/2022 116 Friday 03/17/2023 10 Thurs 02/16/2023 19 Thurs 12/29/2022 68 Thurs 11/10/2022 117 Thursday 03/16/2023 9 Wed 02/15/2023 20 Wed 12/28/2022 69 Wed 11/09/2022 118 Wednesday 03/15/2023 8 Tues 02/14/2023 21 Tues 12/27/2022 70 Tues 11/08/2022 119 Tuesday 03/14/2023 7 Last day to receive postmarked VBM Mon 02/13/2023 22 HOL Mon 12/26/2022 71 HOL Mon 11/07/2022 120 Monday 03/13/2023 6 Sun 02/12/2023 23 Sun 12/25/2022 72 Sun 11/06/2022 121 Sunday 03/12/2023 5 Sat 02/11/2023 24 Sat 12/24/2022 73 Sat 11/05/2022 122 Saturday 03/11/2023 4 Fri 02/10/2023 25 Fri 12/23/2022 74 HOL Fri 11/04/2022 123 Friday 03/10/2023 3 1% Manual Tally Thurs 02/09/2023 26 Thurs 12/22/2022 75 Thurs 11/03/2022 124 Thurs 03/09/2023 2 Canvass Start Wed 02/08/2023 27 Wed 12/21/2022 76 Wed 11/02/2022 125 Wed 03/08/2023 1 Tues 02/07/2023 28 Tues 12/20/2022 77 Tues 11/01/2022 126 Tues 03/07/2023 E Election Day Mon 02/06/2023 29 last day to mail ballots Mon 12/19/2022 78 Mon 10/31/2022 127 Sun 02/05/2023 30 Sun 12/18/2022 79 Sun 10/30/2022 128
Sat 02/04/2023 31 Sat 12/17/2022 80 Sat 10/29/2022 129
Fri 02/03/2023 32 Fri 12/16/2022 81 Fri 10/28/2022 130
Thurs 02/02/2023 33 Thurs 12/15/2022 82 Random Alpha Thurs 10/27/2022 131 Wed 02/01/2023 34 Wed 12/14/2022 83 Wed 10/26/2022 132
Tues 01/31/2023 35 Tues 12/13/2022 84 Tues 10/25/2022 133 Mon 01/30/2023 36 Mon 12/12/2022 85 Mon 10/24/2022 134
Sun 01/29/2023 37 Sun 12/11/2022 86 Sun 10/23/2022 135
Sat 01/28/2023 38 Sat 12/10/2022 87 Sat 10/22/2022 136
Fri 01/27/2023 39 Fri 12/09/2022 88 DOC Ends Fri 10/21/2022 137 Thurs 01/26/2023 40 VIGs mailed Thurs 12/08/2022 89 Thurs 10/20/2022 138 Wed 01/25/2023 41 Wed 12/07/2022 90 Wed 10/19/2022 139
Tues 01/24/2023 42 Tues 12/06/2022 91 Tues 10/18/2022 140 Mon 01/23/2023 43 Mon 12/05/2022 92 Mon 10/17/2022 141
Sun 01/22/2023 44 Sun 12/04/2022 93 Sun 10/16/2022 142
Sat 01/21/2023 45 Military Deadline Sat 12/03/2022 94 Sat 10/15/2022 143 Fri 01/20/2023 46 HOL Fri 12/02/2022 95 Fri 10/14/2022 144 Thurs 01/19/2023 47 Thurs 12/01/2022 96 Thurs 10/13/2022 145 Wed 01/18/2023 48 Wed 11/30/2022 97 Wed 10/12/2022 146
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