Agenda — Yreka City Council, May 17, 2022

YREKA CITY COUNCIL

SPECIAL MEETING AGENDA
MAY 17, 2022
CLOSED SESSION: 6:00 pm
REGULAR SESSION: 6:30 pm
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter

1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Legal Counsel - Anticipated Litigation (§ 54956.9) Property: 1022 Bluebird, Yreka CA 96097
APN: 062-122-480-000
Owner: Marjorie Ann Hoffman
Initiation of litigation: Initiate Action for Abating Nuisance

4. OPTIONAL RECESS IF DESIRED:

5. RETURN TO OPEN SESSION AT 6:30 PM:

Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code Section 54950 et. seq.)
Join this meeting via Zoom:

Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.

Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.

• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab.
• Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six). 1 6. PUBLIC COMMENTS:

Citizen participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.

Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak from the podium.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to five (5) minutes.

7. PUBLIC COMMENT FOLLOW-UP:

This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.

8. CONSENT AGENDA:

All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from April 20, 2022, through May 08, 2022. b. Approval of Minutes of the regular meeting held May 3, 2022. c. Cash and Fiscal Reports:
i. Cash Balances Report – March 2022
ii. Investment Report – March 31, 2022
iii. Budget of Revenue and Expenditures with Year-to-Date Actuals through March 31, 2022
iv. Fiscal Performance Report as of March 31, 2022
d. Approve the Transportation Claims for the Local Transportation Fund for Fiscal Years 2020/21 and 2021/22 and Authorize the Mayor to Sign the Claims on Behalf of the City. e. Continuation of Urgency Ordinance #864: Fireworks
f. Continuation of Urgency Resolution #2021-51: Remote Public Meetings g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
2 9. PUBLIC HEARINGS:

Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Citizens wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
a. Zoning Ordinance Amendment: Chapter 16.44 “Conditional Use Permit” City Staff will present proposed amendments to Chapter 16.44 “Conditional Use Permits” of the Yreka Municipal Code to update and clarify findings for award of conditional use permit, update revocation process, and clarify appeals process for conditional use permit appeals hearings. The proposed action has been determined to meet the guidelines for “General Rule” exemption pursuant Section 15061 of the California Environmental Quality Act (CEQA) guidelines.

Recommended City Council Action: Motion to accept the first reading of Ordinance 867 and move to a second reading.
b. Zoning Ordinance Creation and Amendment: Chapters 16.12, 16.46, 16.59 “Nonconforming Lots, Uses, and Structures”
City Staff will present a proposal to strike Sections 16.12.680, 16.46.120, and 16.46.130 and create Chapter 16.59 “Nonconforming Lots, Uses, and Structures” to create regulations to provide direction and guidance for the recognition of legally, existing nonconforming uses, lots and structure in Yreka. The proposed action has been determined to meet the guidelines for “General Rule” exemption pursuant Section 15061 of the California Environmental Quality Act (CEQA) guidelines.

Recommended City Council Action: Motion to accept the first reading of Ordinance 868 and move to a second reading.
c. Zoning Ordinance Creation: Chapter 16.57 “Rezoning”
City Staff will present a proposal to create Chapter 16.57 “Rezoning” to create regulations to provide findings and procedures to review applications for rezoning properties within the City of Yreka. The proposed action has been determined to meet the guidelines for “General Rule” exemption pursuant Section 15061 of the California Environmental Quality Act (CEQA) guidelines.

Recommended City Council Action: Motion to accept the first reading of Ordinance 869 and move to a second reading.
d. Zoning Ordinance Amendment: Chapter 16.58 “Variances” City Staff will present a proposal to amend Chapter 16.58 “Variances” of the Yreka Municipal Code to create regulations to provide findings and procedures to review applications for variances. The proposed action has been determined to meet the guidelines for “General Rule” 3 exemption pursuant Section 15061 of the California Environmental Quality Act (CEQA) guidelines.

Recommended City Council Action: Motion to accept the first reading of Ordinance 870 and move to a second reading.

10. NEW BUSINESS:
a. Agenda Title: Evaluation of the 2022 City Council Meeting Calendar, that includes removing the July 5th, 2022, scheduled meeting and evaluation of other possible date and time changes.

Recommended City Council Action: Direct staff to bring back proposed changes at a future meeting with a corresponding Resolution to meet the needs and proposed changes of the Yreka City Council.

11. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time.

12. COUNCILMEMBER STATEMENTS AND REQUESTS:

Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

Presentation – Mayor Kegg
Presentation of the 2021 Siskiyou County point in time count of homelessness in the County and City. (information only)

13. ADJOURNMENT.

In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.

All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.

Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and 4 requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected]. 5 6
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YREKA HELD IN SAID CITY ON MAY 3, 2022
On the 3rd Day of May 2022 at 6:30PM, the City Council of the City of Yreka met and upon roll call, the following were present: Deborah Baird, Joan Smith Freeman, Duane Kegg, Corey Middleton, and Paul McCoy.

2. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS: NONE
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

Presentation – Yreka Fire Department:

Proclamation in Recognition of Service – Oak Ridge Mobile Estates Fire Chief Jerry Lemos acknowledged and accepted the proclamation the recognized groups and individuals.

3. GENERAL PUBLIC COMMENTS:

Public comment was heard from Jan Osborn, Yreka resident regarding the Yreka Swim Center and Native Park project.

5. CONSENT AGENDA:

Consent agenda items introduced to the council.
a. Approval/ratification of payments issued from April 11, 2022, through April 22, 2022. b. Approval of Minutes of the regular meeting held April 19, 2022 c. Approval of Minutes of the regular meeting held April 5, 2022. d. Appointment of the City Clerk for the City of Yreka
e. Adoption of Class 16 Categorical Exemption for the Purchase of APN 053-643-580 & 053- 651-760 (Notice of Exemption Form – Land Acquisition for Proposed Aquatic Center Facility).
f. Continuation of Urgency Ordinance #864: Fireworks
g. Continuation of Urgency Resolution #2021-51: Remote Public Meetings h. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.

ACTION: Motion to approve Consent Agenda Items 5.a. through 5.h. as presented.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Middleton
AYES: Councilmembers Baird, Kegg, Smith Freeman, McCoy, Middleton NAYS: None
ABSTAIN: None
33 ABSENT: None

6. OLD BUSINESS:

City Manager
a. Agenda Title: Yreka Swim Center and Native Park, Cure and Correct legislative action April 5, 2022, Pursuant to Cal. Gov. Code §54960.1
Recommended City Council Action: Direct staff to: (1) Prepare for the Siskiyou County November 2022 General Election, a ½% sales tax ballot measure for the general fund to primarily fund maintenance and operation of the Yreka Swim Center and the Native Park project located on Foothill Drive; other city parks; necessary fire and other essential city services; and (2) authorization to expend grant award funds to proceed with work on CEQA, property acquisition and engineering authorized under the grant; (3) In the event that the ballot measure fails, staff and its subcontractors shall cease further work on the Yreka Swim center and prepare a letter to the California Parks and Recreation returning the grant award.

Public comments were heard from Dawn Marie Autrey, Lorenzo Love, and Annette Lenz.

ACTION: Direct staff to: (1) Prepare for the Siskiyou County November 2022 General Election, a ½% sales tax ballot measure for the general fund to primarily fund maintenance and operation of the Yreka Swim Center and the Native Park project located on Foothill Drive; other city parks; necessary fire and other essential city services; and (2) authorization to expend grant award funds to proceed with work on CEQA, property acquisition and engineering authorized under the grant; (3) In the event that the ballot measure fails, staff and its subcontractors shall cease further work on the Yreka Swim center and prepare a letter to the California Parks and Recreation returning the grant award.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember McCoy
AYES: Councilmembers Kegg, Smith Freeman, McCoy, Middleton NAYS: Baird
ABSTAIN: None
ABSENT: None
b. Agenda Title: City of Yreka Project List
Recommended City Council Action: Direct staff to schedule special meetings for further discussion to incorporate into City’s strategic planning process.

ACTION: Staff was directed to schedule a special meeting in June to review the City of Yreka Project List to incorporate into City’s strategic planning process. c. Agenda Title: Siskiyou County Museum City Map
Recommended City Council Action: Discussion and direction with possible approval of Siskiyou County Museum City map as presented.
34 Map was presented former Yreka City Mayor Grace Bennett, who clarified this project is being presented by the Friends of the Siskiyou County Museum. Input from Councilmembers was given.

ACTION: Direction was given to Grace Bennett incorporate City Council input for further refinement and bring the map back again to the City Council for approval prior to printing.

7. NEW BUSINESS:

Public Works
a. Agenda Title: Gold Rush Day 2022
Recommended Council Action: Adopt a Resolution City Council of the City of Yreka Approving Street Closures and Other Requests for the Yreka Chamber of Commerce Special Event Known as “Gold Rush Day 2022” and the Approval of a Supplemental Appropriation of $5,750 in Fiscal Year 2021-22 as the City’s cash and in-kind contribution to the event.

Councilmember Baird excused herself from the meeting during the discussion at 8:48PM.

Korey Hayden outlined the day event; scheduled performances and activities, and attraction poster for the Gold Rush Day 2022 event.

ACTION: Adopt a Resolution City Council of the City of Yreka Approving Street Closures and Other Requests for the Yreka Chamber of Commerce Special Event Known as “Gold Rush Day 2022” and the Approval of a Supplemental Appropriation of $5,750 in Fiscal Year 2021-22 as the City’s cash and in-kind contribution to the event.

MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Middleton
AYES: Councilmembers Kegg, Smith Freeman, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: Councilmember Baird
b. Agenda Title: Surplus Land Act (Carnegie Building)
Recommended Council Action: Adopt a Resolution Declaring a City-Owned Property as Surplus Land and Authorizing the City Manager or Designee to Take Implementing Actions Necessary to Comply with the Surplus Land Act (Government Code Sections 54220 et seq.) ACTION: Adopt a Resolution Declaring a City-Owned Property as Surplus Land and Authorizing the City Manager or Designee to Take Implementing Actions Necessary to Comply with the Surplus Land Act (Government Code Sections 54220 et seq.) MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember McCoy
AYES: Councilmembers Kegg, Smith Freeman, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: Councilmember Baird
35 Finance
c. Agenda Title: 2022 Yreka Swim and Activity Program
Recommended Action: Approval of the Summer 2022 Yreka Swim and Activity Program at the Montague Community Park and Pool for Yreka’s youth, and the Approval of a Supplemental Appropriation of $5,500 to be allocated between FY21-22 and FY22-23 Emily Aldrich and Councilmember Smith Freeman spoke to the program’s planned schedule and previous summers operating success.

ACTION: Approval of the Summer 2022 Yreka Swim and Activity Program at the Montague Community Park and Pool for Yreka’s youth, and the Approval of a Supplemental Appropriation of $5,500 to be allocated between FY21-22 and FY22-23 MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Middleton
AYES: Councilmembers Kegg, Smith Freeman, McCoy, Middleton NAYS: None
ABSTAIN: None
ABSENT: Councilmember Baird

8. CITY MANAGER/STAFF REPORTS:

City Manager and Staff made brief announcements or reports at this time.

9. COUNCIL STATEMENTS AND REQUESTS:

Councilmembers reported on various community events and meetings attended.

10. ADJOURNMENT.

There being no further business before the Council the meeting was adjourned.

Attest:
_________________________
Duane Kegg, Mayor
___________________________ Minutes approved by Council, Rhetta Hogan, City Clerk Motion May 3, 2022
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Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
(New Amended X )
To:

From:

A. Funding Available (Not Claimed)

1. Funds from prior years

2. Current Estimated Allocations
B. Total Amount Claimed

1. By Funding Source
c. Total Claimed

2. By Purpose
(Chapter 4, Part 11, Division 10 of P.U.C.)
d. Total Claimed $ 291,293.00
c. Other $ -
$ 291,293.00
a. Estimated funds with County Auditor $ 20,834.00
b. Current Estimated Allocations 2020/2021 $ 270,459.00 $ 291,293.00
a. Public Transit [Art 4, Sec 99260 (a)] $ 196,685.00
b. Streets/Roads [Art 8, Sec 99400 (a)] $ 94,608.00
2020/2021 $ 270,459.00
Fiscal Year 20/21
Siskiyou County Local Transportation Commission
City of Yreka
(Claimant)
$ 291,293.00
a. Estimated funds with County Auditor 7/1/2020 $ 20,834.00 Two Hundred Ninety One Thousand Two Hundred Three Dollars and Zero Cents This applicant, qualified pursuant to section 99203 of the Public Utilities Code, hereby requests, in accordance with the applicable rules and regulations of the Transportation Development Act as enacted and amended by statute to January 1, 2011, that its claim be approved in the amount of:
1 of 2
64 Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
By: By:

Date: Date:

Executive Director, SCLTC Chairman / Mayor
Approved:

Local Transportation Commission City of Yreka
The claimant herewith recognizes that any allocations for streets and roads will be made in accordance with, but not limited to, Section 99401.5, Article 8, Chapter 4, Part 11, Division 10 of the Public Utilities Code. This section stipulates that the Local Transportation Commission must take certain actions with respect to “Unmet Transit Needs” and whether they are “Reasonable to Meet” before any allocation can be made for other Public Transportation services.

When approved, please transmit this claim for payment from the Local Transporation Fund to the following address:

Siskiyou County Local Transportation Commission
190 Greenhorn Road
Yreka, CA 96097
Approval of the claim and payment by the County Auditor is subject to such monies being on hand and available for distribution and to the provisions that such monies will be used in accordance with the rules and regulations of the Transportation Development Act.
2 of 2
65 Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
(New X Amended )
To:

From:

A. Funding Available (Not Claimed)

1. Funds from prior years

2. Current Estimated Allocations
B. Total Amount Claimed

1. By Funding Source
c. Total Claimed

2. By Purpose
(Chapter 4, Part 11, Division 10 of P.U.C.)
2021/2022 $ 343,004.00
Fiscal Year 2021/2022
Siskiyou County Local Transportation Commission
City of Yreka
(Claimant)
$ 421,737.00
a. Estimated funds with County Auditor 7/1/2021 $ 78,733.00 Four Hundred Twenty One Thousand Seven Hundred Thirty Seven Dollars and Zero Cents c. Other $ -
$ 421,737.00
a. Estimated funds with County Auditor $ 78,733.00
b. Current Estimated Allocations 2021/2022 $ 343,004.00 $ 421,737.00
a. Public Transit [Art 4, Sec 99260 (a)] $ 198,238.00
b. Streets/Roads [Art 8, Sec 99400 (a)] $ 223,499.00
d. Total Claimed $ 421,737.00
This applicant, qualified pursuant to section 99203 of the Public Utilities Code, hereby requests, in accordance with the applicable rules and regulations of the Transportation Development Act as enacted and amended by statute to January 1, 2011, that its claim be approved in the amount of:
1 of 2
66 Siskiyou County Local Transportation Commission
Local Transportation Fund - Transportation Claim
By: By:

Date: Date:

Executive Director, SCLTC Chairman / Mayor
Approved:

When approved, please transmit this claim for payment from the Local Transporation Fund to the following address:

CITY COUNCIL AGENDA MEMORANDUM
To:

Prepared By:

Agenda Title:

Meeting date:

Yreka City Council
City Clerk
Discussion/Possible Action: Continuation of Urgency Ordinance 864.

May 17, 2022
Discussion:

The drought, prevailing climatic temperatures, and the allocation of Yreka Fire Resources to mutual aid to suppress wildfires was found to constitute an immediate threat to the public safety.

Ordinance 864 delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated.

Recommendation:

That the Council continue Urgency Ordinance 864.
68 SUMMARY OF ADOPTED URGENCY ORDINANCE No. 864
Please take notice that the Yreka City Council adopted, at an emergency meeting held on July 29, 2021, a temporary urgency ordinance, number 864, entitled: “AN UNCODIFIED URGENCY

ORDINANCE OF THE CITY OF YREKA DECLARING A LOCAL EMERGENCY, AND AUTHORIZING THE

DELAY OF THE SALE AND USE OF FIREWORKS WHICH MAY CREATE A THREAT TO PUBLIC SAFETY

DEEMED TO BE ARISING FROM THE INCIDENCE OF THE LAVA FIRE AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY AND FINDING THE ORDINANCE EXEMPT FROM CEQA REVIEW” This urgency ordinance generally provides:

1. The factual background of the Lava Fire, the drought, the prevailing climatic temperatures and the fact that Yreka’s Fire Resources are engaged in mutual aid to suppress the Lava Fire as well as the allocation of law enforcement resources in traffic control and the fact that without Yreka’s normally available police and fire resources, the use of fireworks and pyrotechnics fire may not be able to be suppressed which was found to constitute the basis for the urgency nature of the ordinance and the City Council determined that there existed an immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants the adopted urgency measures.

2. The ordinance delays the sale of fireworks and the use of fireworks and public displays of pyrotechnics until the threat to public safety is abated and the urgency ordinance is terminated.

3. The city council determined that a local emergency now exists and shall continue to exist until its termination is ordained by the City Council. The need for continuance of the urgency measures will be regularly reviewed by City Council until it is terminated. The ordinance will be terminated at the earliest possible time.

4. The ordinance vests in the City Manager, Chief of Police and the Fire Chief with the discretion to take such acts as may be necessary to effectuate the intent of the ordinance.

5. The Council determined that the ordinance complies with a categorical exemption from CEQA review.

By roll call vote the following councilmembers voted in favor of the ordinance: Duane Kegg, Deborah Baird, Paul McCoy and Corey Middleton.

This summary is not intended to be a comprehensive statement of all of the provisions of the Ordinance, but constitutes only a fair summary of the Ordinance. The complete text of the Ordinance and the minutes of the emergency session is available for review online in Yreka’s City Council Agenda section or through a public records request as an in-person review of it is not available because City Hall is not currently open to the public.

Yreka City Clerk
69 BUSINESS OF THE COUNCIL OF THE CITY OF YREKA

AGENDA REPORT
For meeting of: May 17, 2022
TO: Honorable Mayor and City Council
FROM: Dohn Henion, Yreka City Attorney
TITLE: RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) RECOMMENDATION:

In accordance with Assembly Bill 361, adopt a resolution to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19.

Thereafter, on March 17, 2020, Governor Newsom issued Executive Order N-2920, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person.
70 Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state.

On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders.

AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees.

DISCUSSION:

AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following:
• The City is still under a local state of emergency;
• County health orders require that all individuals in public spaces maintain social distancing and wear masks;
• The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces; The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet.

Moreover, the indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying.

Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult.
71 Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change.
72 RESOLUTION NO. 2021- 51
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8 A RESOLUTION OF THE YREKA CITY COUNCIL OF THE CITY OF

YREKA PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
CITY OF YREKA FOR THE PERIOD SUCCESSIVE 30-DAY PERIODS
PURSUANT TO ASSEMBLY BILL 361
9 WHEREAS, the City of Yreka is committed to preserving and nurturing IO public access and participation in meetings of the Yreka City Council; and 11 WHEREAS, all meetings of City of Yreka's legislative bodies are open and 12 public, as required by t.he Ralph M. Brown Act (Cal. Gov. Code§ 54950 13 54963), so that any member of the public may attend, participate, and watch the 14 City's legislative bodies conduct their business; and 15 16 WHEREAS, the Brown Act, Government Code section 54953(e), makes 17 provisions for remote teleconferencing paiiicipation in meetings by members of 18 a legislative body, without compliance with the requirements of Government 19 Code section 54953(b )(3), subject to the existence of certain conditions; and 20 WHEREAS, a required condition is that a state of emergency is declared by the 21 Governor pursuant to Government Code section 8625, proclaiming the existence 22 of conditions of disaster or of extreme peril to the safety of persons and property 23 within the state caused by conditions as described in Government Code section 24 8558;and
25 WHEREAS, a proclamation is made when there is an actual incident, threat of 26 disaster, or extreme peril to the safety of persons and prope1iy within the 27 jurisdictions that are within the City's boundaries, caused by natural, 28 technological, or human-caused disasters; and
29 WHEREAS, it is further required that state or local officials have imposed or 30 recommended measures to promote social distancing, or, the legislative body 73 31 meeting in person would present imminent risks to the health and safety of 32 attendees; and
33 WHEREAS, such conditions now exist in the City, specifically, in Executive Order 34 N-29-20 the Governor of the State of California declared a state of emergency to 35 exist as a result of the threat of COVID-19; and
36 WHEREAS, said order suspended provisions of celiain provisions of the Brown 37 Act relating to teleconference meetings and creating the ability for viliual meetings 38 to keep the public and our public officials safer from exposure to the pandemic; and 39 WHEREAS, that suspension of the Brown Act requires expired on September 30, 40 2021; and
41 WHEREAS, On September 16,2021 Assembly Bill 361 was passed into law 42 permitting the extension of virtual meetings so long as the state of emergency 43 exists and is reviewed every thirty days by the Yreka City Council; and 44 WHEREAS, the delta variant of COVID-19 has resulted in Siskiyou County 45 having experienced 4,382 confirmed COVID-19 amongst the local population 46 cases, 54 deaths, 56 new cases reported in the last 24 hours with 271 active cases 47 and 23 persons presently hospitalized and, accordingly, social distancing and 48 masking is required for attendees' health and safety to mitigate the imminent risk 49 of COVID-19 being transmissible during public, in-person meetings of the City of 50 Yreka; and
51 WHEREAS, virtual meetings further mitigate the public's health and safety while 52 still providing the opportunity for public input on the people's business; and 53 WHEREAS, the City Council has reconsidered the circumstances of the state of 54 emergency; and
55 WHEREAS, the state of local emergency continues to directly impact the ability of 56 the City Council, Commissions, and Committees, as well as staff and members of 57 the public, from meeting safely in person; and
58 WHEREAS, the Yreka City Council does hereby find that prevalence of COVID-19 59 amongst the local population and, accordingly, social distancing and masking is 2 74
60 required for attendees health and safety to mitigate the imminent risk of COVID-19 61 being transmissible during public, in-person meetings of the City of Yreka, its 62 commissions and committees may cause, and may continue to cause, conditions of 63 peril to the safety of persons within the City that are likely to be beyond the control of 64 services, persOlmel, equipment, and facilities of the City, healthcare providers and 65 local hospitals, and desires to proclaim a local emergency and ratify the 66 proclamation of state of emergency by the Governor of the State of California; and 67 68 WHEREAS, as a consequence of the local emergency, the Yreka City Council 69 does hereby find that the City of Yreka's governing body, its commissions and 70 committees shall conduct their meetings without compliance with paragraph (3) of 71 subdivision (b) of Government Code section 54953, as authorized by subdivision 72 (e) of section 54953, and that such legislative bodies shall comply with the 73 requirements to provide the public with access to the meetings as prescribed in 74 paragraph (2) of subdivision (e) of section 54953; and 75 WHEREAS, meetings are posted on the City's website providing the necessary 76 information for the public to virtually provide input to the governing body on the 77 people's business.
78 NOW, THEREFORE, THE YREKA CITY COUNCIL OF THE CITY OF 79 YREKA DOES HEREBY RESOLVE AS FOLLOWS:
80 Section 1. Recitals. The Recitals set forth above are true and correct and are 81 incorporated into this Resolution by this reference. 82 Section 2. Proclamation of Local Emergency. The City Council hereby proclaims 83 that a local emergency now exists throughout the City, and prevalence of COVID84 19 amongst the local population and, accordingly, social distancing and masking is 85 required for attendees health and safety to mitigate the imminent risk of COVID-19 86 being transmissible during public, in-person meetings of the City of Yreka has 87 caused, and will continue to cause, conditions of peril to the safety of persons within 88 the City that are likely to be beyond the control of services, personnel, equipment, and 89 facilities of the City, healthcare providers and local hospitals. 3 75
90 Section 3. Ratification of Governor's Proclamation ofa State of Emergency. The 91 City Council hereby ratifies the Governor of the State of California's Proclamation 92 of State of Emergency, effective as of its issuance date of March 4, 2021. 93 Section 4. Remote Teleconference Meetings. The staff and legislative bodies of 94 City of Yreka are hereby authorized and directed to take all actions necessary to 95 cany out the intent and purpose of this Resolution including, conducting open and 96 public meetings in accordance with Government Code section 54953(e) and other 97 applicable provisions of the Brown Act.
98 Section 5. Effective Date of Resolution. This Resolution shall take effect 99 immediately upon its adoption and shall be effective until the earlier of (i) 30 days 100 from adoption of resolution, and 30 days from each successive affirmation that the 101 state of emergency continues to exist or such time the Yreka City Council adopts a 102 subsequent resolution in accordance with Government Code section 54953( e)(3) to 103 extend the time during which the governing body of the City of Yreka may continue 104 to teleconference without compliance with paragraph (3) of subdivision (b) of 105 section 54953.
106 PASSED AND ADOPTED by the Yreka City Council of the City of Yreka, this 5th 107 day of October, 2021, by the following vote:
108 AYES: FREEMAN, MIDDLETON, BAIRD, KEGG
109 NOES:
110 ABSENT: MCCOY
111 ABSTAIN:
112
113 DuaneK
114 Attest:
115
116
4 76
Prepared by: Juliana Lucchesi, AICP, Planning Director
Agenda Title: 9A. Zoning Ordinance Amendment: Chapter 16.44 “Conditional Use Permit”
Meeting date: May 17, 2022
Recommended Actions:

1. Open public hearing, hear public comment, and close public hearing

2. Motion to accept the first reading of Ordinance 867 and move to a second reading
Summary:

The Planning Department staff have identified four standard planning and zoning activities that need updating to clarify findings, establish sound due process procedures, and comply with current state and federal case law on the application of conditional use permits, nonconforming status, variances, and rezonings.

Background:

A zoning district establishes areas within a city where certain uses are allowed byright (without special permitting) and the standards for the development for those uses. Zoning districts are set up to regulate and guide development in a direction set by the community. Conditional or special uses occur when the community wants flexibility for new uses of new development standards that have not been previously allowed in a zoning district. These conditional uses tend to be supportive of the other surrounding uses but may have impacts on the surrounding properties that required special consideration. For example, rooftop bars and restaurants have become more common in downtown areas but may exceed historically set height maximums or create more noise due to the activities being outside. A conditional use permit process would allow the city to permit this type of use while ensuring it is developed in a way that compliments the surrounding area.

Complete neighborhoods require an array of uses outside of residential, some of which require conditions. For example, a church is typically a conditional use in many zones due to the building needed to be bigger than surrounding residential homes to accommodate the audience and needs special parking considerations to accommodate peak hours on Sundays. Another example is 77 small-scale commercial uses such as neighborhood coffee shops, retailers, or farmers’ stalls, which can be limited in size, hours or operation, or outdoor seating to ensure a peaceful neighborhood.

Environmental Review:

The proposed ordinance changes have been reviewed for environmental compliance with the California Environmental Quality Act (CEQA). The proposed amendments were found to not have any foreseeable direct or indirect impacts to the environment; therefore, the proposed amendments would not be considered a “project” under CEQA. This is called a General Rule exemption under CEQA Guidelines Section 15061(b)(3).

Review by Public & Outside Agencies:

The proposed amendments were noticed to meet Government Code Section 65090. There have been no public comments submitted at the time of this packet release.

Planning Commission Action:

The Planning Commission held a duly noticed public hearing to comply with Government Code Section 65854. There was no public comment during the public hearing. The Planning Commission unanimously approved the proposed ordinance language as submitted for City Council consideration.

Staff Recommendation:

City Staff recommend approval of the proposed amendments as submitted due to strict legal nature of the ordinance procedures established by case law. The proposed amendments accomplish the following:
• Creates a clear purpose for the Conditional Use Permit ordinance that clarifies why the city would allow and regulate conditional uses. • Refines the application and review process to ensure clear expectation of applicants and create timeframes for reasonable review and submission of application materials. These timeframes were established statewide under the “Permit Streamlining Act” enacted in 1977 (Government Code Section 65921).
• Establishes new findings to grant a conditional use permit that comply with land use case law. A land use ordinance cannot be so vague or uncertain that a person of common intelligence and understanding must guess as to its meaning this would violate due process of the law (People v. Gates, 41 Cal. App 3d 590 (1974)). Vagueness and subjectivity are two elements that a city wants to avoid in its findings; therefore, the terms “morales” and 78 “peaceful” are removed from the findings. These terms have been found to be incredibly subjective and not enforceable under the law. The terms health, safety, and welfare have been litigated close to death and have well established meanings and definitions.
• Establishes clear standards for the application of conditions for a conditional use permit. This accomplishes a similar goal as the above bullet point.
• Establishes a legally defendable appeals process to meet the requirements of due process.

City Staff can accommodate City Council comments and proposed amendments to the extent that they are legally defendable under national and California laws.

Attachments:

1. Ordinance No. 867 An Ordinance of the City Council of the City of Yreka Amending Yreka Municipal Code Chapter 16.44 Entitled “Conditional Use Permit” and Finding the Adoption of this Ordinance to be Exempt from CEQA
79 ORDINANCE NO. 867

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA
AMENDING YREKA MUNICIPAL CODE CHAPTER 16.44 ENTITLED
“CONDITIONAL USE PERMIT” AND FINDING THE ADOPTION OF

THIS ORDINANCE TO BE EXEMPT FROM CEQA
Recitals
BE IT ORDAINED by the City Council of the City of Yreka as follows:

SECTION 1. Chapter 16.44 Sections 16.44.010 entitled Conditional Use Permits, 16.44.020 entitled Application, 16.44.030 entitled Public Hearing, 16.44.040 entitled Action by Commission,

16.44.050 entitled Revocation of conditional permits, § 16.44.060 entitled Modification of site plan for which a conditional use permit has been granted, and § 16.44.070 entitled Conditional use permits within any historic district, landmark, or landmark site of the Yreka Municipal Code are deleted in their entirely and supplanted and there is that added section 16.44.080 as follows:

Chapter 16.44 CONDITIONAL USE PERMITS

16.44.010 Purpose
The purpose of this Chapter is to establish a procedure for conditionally approving or denying land uses, including related structures, that are not clearly permitted or prohibited because of their unique nature. Such uses and related structures would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval.

Conditional uses are characterized by their potential to generate certain types of impacts, depending upon where the use is located, how it is designed, and how it is operated. These uses require a higher level of review than a permitted use, or use-by-right, in order to ensure that the use is appropriate as proposed and designed for the zoning district. The conditional use permit process enables the decision-maker to determine whether the use is appropriate for its proposed location, to review its design and site layout to minimize or eliminate impacts, and to impose conditions of approval to ensure the use will be compatible with the surrounding area and with adjacent uses. The conditional use permit can also serve as one approval, incorporating a design review approval, for instance, and eliminating the need for separate applications and review.

The regulations of this chapter are established to achieve the following purposes:

A. To provide flexibility within zoning districts in siting certain types of uses and in determining whether a use, as proposed, would be appropriate for a particular location; 80 B. To establish a process to authorize a conditional use and impose reasonable conditions of approval upon the project that will minimize or eliminate potential impacts; C. To ensure that conditional uses are consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; D. To protect the public health, safety, and welfare by ensuring that the conditional use is compatible with existing and future surrounding uses;
E. To streamline the review process by providing for the concurrent processing of associated applications, such as a planned development or a design review, thereby eliminating the need for separate applications and submittals.

16.44.020 Application and Review Process
A. Application Checklist. The application submittal shall contain all of the materials and information as required by the Planning Department’s approved conditional use permit checklist.

B. Application fee. The City’s conditional use permit application fee shall be paid at the time of application submission to the Planning Department. The conditional use permit application fee shall be set by City Council resolution.

C. In addition to all other information required by the application, the Conditional Use Permit Application shall be accompanied by building plans, elevations, landscaping plan, and a site plan required by Chapter 16.52, showing the detail of the proposed use of land and/or building.

D. The applicant shall submit the application to the Planning Department. The Planning Department shall have 30 calendar days to review the application and provide notice to the applicant whether the application is complete or requires additional information:

1. If the Planning Department determines that the application is incomplete, the Department will notify the applicant of the application’s deficiencies. The applicant will have a maximum of ninety (90) calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction, the application process is deemed to have lapsed at the expiration of the ninetieth day.

2. If the Planning Department determines that the application is complete, the proposed conditional use permit will be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the Planning Department shall schedule a public hearing with the Planning Commission no more than 15 days after completing environmental compliance.

16.44.030 Public Hearing.

A public hearing by the Planning Commission shall be held and noticed in compliance with Government Code Sections 65090 through 65096.
81 16.44.040 Findings and Review Procedures
The Planning Commission must make the following findings to grant a conditional use permit:

1. The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the transportation and service facilities, the neighborhood, and the community. The following shall be considered to make this finding:
a. The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the areas; and
b. The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function; and c. The building in which the use is to be located is designed in discrete elements which respect the scale of development in the district.

2. Such use of feature as proposed will not adversely impact the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
a. The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures, so that the subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed.;
b. The accessibility and traffic patterns for persons, non-motorized vehicular traffic, and vehicles, the type and volume of such traffic, the adequacy of proposed offstreet parking and loading, and of proposed alternatives to off-street parking; c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;
d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting, and signs; and e. Will not be injurious to property or improvement in the neighborhood.

3. Such use or feature as proposed will comply with the applicable provisions of this Code and will not adversely affect the implementation of the General Plan; and

4. Such use or feature are not contrary to the stated purpose of the applicable zoning district, specific plan, development regulations, and performance standards as proposed and will provide development that is in conformity with the stated purpose of the applicable zoning district, specific plan, and planned unit development.

5. That adequate public facilities and services, such as public access, water, sanitation, and public utilities are available to serve the site or will be made available concurrent with the proposed development.

6. Such use or feature as proposed will not reduce or prevent the expansion of the City’s residential unit inventory.
82 16.44.050 Conditions of Approval
A. When authorizing a Conditional Use Permit as provided herein, the Planning Commission, or the City Council on appeal, shall prescribe such additional conditions, beyond those specified in this Code, as are in its opinion necessary to facilitate the objectives of the Code. Once any portion of the authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative.

B. The violation of any condition contained in the Conditional Use Permit constitutes a material violation of that permit and this Code and may, at the discretion of the City, constitute grounds for revocation of the Conditional Use authorization. Such conditions may include time limits for exercise of the Conditional Use authorization; otherwise, any exercise of such authorization must commence within a reasonable time.

C. The Planning Director, or designee, shall have the discretion to authorize minor changes in any condition previously imposed in the authorization of a conditional use. Authorization of a major change in any condition previously imposed in the authorization of a conditional use permit is subject to the same procedures which are applicable to the issuance of a new conditional use permit.

D. The definition of a “minor” change for the purposes of Section 16.44.050(c), for example, may be a change in the timing of implementation of a condition, location of proposed structures on the site if the change in location does not impact traffic patterns or access, and changes to façade, signage, or lighting.

E. The definition of a “major” change for the purposes of this Section 16.44050(c), for example, is any change that adversely impacts the overall traffic flow on or around the property, any change that would exceed the capacity of public facilities and services or a change that would conflict with the findings prescribed in Section 16.44.040.

16.44.060 Appeals
In case the applicant determines to contest the decision of the Planning Commission relating to the permit they may, within ten (10) calendar days after the rendition of the decision thereon by the Commission, appeal in writing to the City Council pursuant to Yreka Municipal Code Section

16.14.030.

16.44.070 Revocation of conditional permits.

A. Any conditional use permit issued is lapse and is automatically revoked and terminated if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year. Notwithstanding the foregoing, upon submission of a written request by the holder of the conditional use permit prior to termination of the use permit, the Planning Director shall have the discretion to extend any such conditional use permit for a period of one year or less if there is reasonable justification for not utilizing the permit as required by this section.

B. Any conditional use permit granted in accordance with the terms of this title may be revoked if any condition or term of such permit is violated or if any law or ordinance is violated in connection therewith, or if the Planning Commission finds that the continuance of the conditional use permit will endanger the public health, safety or welfare. 83 C. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. The permittee may at such hearing present any relevant evidence or testimony in opposition to the underlying basis asserted to revoke the permit. The Planning Commission shall render its decision within thirty (30) days of said public hearing supported by written findings in the event the permit is revoked. Any failure of the Planning Commission to timely act shall not be deemed denial of the petition for permit revocation. The decision of the Planning Commission may be appealed pursuant of the provisions in Yreka Municipal Code Section 16.14.030. The decision of the City Council shall be final.

16.44.080 Conditional use permits within any historic district, landmark, or landmark site.

Any application for a conditional use permit required or permitted pursuant to the terms of this title which visually impacts the exterior appearance of any property or structure within a historic district, landmark, or landmark site established pursuant to Title 17 of the Yreka Municipal Code, shall first be reviewed and considered by the Historic District and Landmarks Commission prior to consideration thereof by the Planning Commission.

SECTION 2. Any provisions of the Yreka Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION 3. Exemption from CEQA. The action taken in this Ordinance does not commit the City to any action that may have a significant effect on the environment. As a result, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) such approval does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Council directs City staff to file a Notice of Exemption within five (5) days following adoption of this Ordinance with the Siskiyou County Clerk.

SECTION 4. Severability. If any section, subsection, part, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof, shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall take effect thirty days after its adoption.

SECTION 6. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance.

SECTION 7. Publication. The City Clerk is directed to prepare, post and publish a summary of this ordinance as provided in Government Code Section 36933(c)(1).

SECTION 8. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Yreka Municipal Code that codification of this Ordinance is limited to Section 1. 84 SECTION 9. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.

Introduced at a regular meeting of the City Council held 17th day of May 2022, and adopted as an ordinance of the City of Yreka at a regular meeting of the City Council held on ___________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
Duane Kegg, Mayor
APPROVED AS TO FORM Attest:

_________________________ _____________________________ Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 85 Prepared by: Juliana Lucchesi AICP, Planning Director Agenda Title: 9B. a. Zoning Ordinance Creation and Amendment: Chapters

16.12, 16.46, 16.59 “Nonconforming Lots, Uses, and Structures” Meeting date: May 17, 2022
Recommended Action:

1. Open public hearing, hear public comment, and close public hearing

2. Motion to accept the first reading of Ordinance 868 and move to a second reading
Summary:

Background:

A nonconformity in zoning is an existing lot, structure, or use that fails to comply with new standards because it was established legally under previous rules. Illegal, nonconforming uses, lots, and structures were noncompliant when established and are not legally protected under federal, state, or local laws.

Communities create planning and zoning laws to achieve future community goals and development style. Existing development may not meet these goals and become noncompliant due to the rule changes. Nonconformity laws step in at this point to protect property owners through “grandfather” status with limitations.

These limitations are applied in situations where a property owner wants to expand or modify a structure or use or rebuild after a natural disaster. Generally, property changes that cross a certain threshold, whether physical or monetary, trigger a requirement that an owner must bring the property into compliance with the current zoning standards. The purpose of these triggers is to encourage redevelopment that is in line with the community’s vision for the future. But, as a side effect these buildings and uses can actually slow the pace of change and development. Because nonconforming status creates a barrier to reinvestment, 86 it is important for communities to carefully consider how nonconformities are treated under new planning and zoning regulations.

There are two types of nonconformity; benign and detrimental. Benign nonconformities are not geographically concentrated and have small deviations from existing regulations. Examples of benign nonconformities are lots slightly smaller than the minimum lot standard, unlisted uses that are similar to the permitted uses, and minor shortfalls in off-street parking spaces. Detrimental nonconformities have a high probability of eventually harming public health or safety. When new zoning regulation are being considered, these types of nonconformities should have explicit language for their elimination or relocation.

Examples of detrimental nonconformities may include a bar or restaurant with late night hours in a quiet residential neighborhood or heavy industry in a floodplain.

In instances where continuance of a nonconformity poses an especially acute risk to public health and safety, communities may take more drastic measures.

These measures include nuisance abatement actions, amortization schemes that require conformance after a specified period of time, or public buyouts for willing sellers. Because these options carry significant legal risks for local governments, local officials should always engage competent legal counsel before taking action and create specific elimination language in the ordinance.

Nonconforming lots, structures, and uses are a natural byproduct of new zoning standards. While most zoning ordinances encourage phasing out nonconformities, not all nonconformities pose risks to public health and safety.

Instead of treating all nonconformities the same, it makes more sense to distinguish between benign and detrimental nonconformities. Communities can transform benign nonconformities into conforming lots, structures, or uses through rezoning, explicit exemptions from new standards, or special permit processes.

And they can expedite the elimination of detrimental nonconformities through strict limits on expansion, rebuilding, or re-occupancy.

Environmental Review:

The proposed amendments were noticed to meet Government Code Section 65090 and 65091 for both the Planning Commission March 16, 2022 regular meeting and the City Council May 17, 2022 regular meeting. There have been no public comments submitted at the time of this packet release.

Planning Commission Actions:

The Planning Commission held a duly noticed public hearing to comply with Government Code Section 65854 on March 16, 2022. There were no public comments made during the Planning Commission public hearing.

The Planning Commission unanimously approved the proposed language as submitted for City Council consideration.

Staff Recommendation:

City Staff recommend approval of the proposed ordinance as submitted due to strict legal nature of the ordinance procedures established by case law. The proposed ordinance creation accomplishes the following:
• Creates a clear purpose for the regulation of nonconformities that clarifies why the city would allow their continuance and regulation. • Defines nonconforming uses, lots, structures, and buildings to create clear understanding of what they are and reasonable regulations for their continuance.
• Clarifies state mandated exemptions for equitable housing, agriculture, timber, and mineral production projects (Government Code Section 65850) • Establishes language to clarify protections for legal versus illegal nonconformities.

City Staff can accommodate City Council comments and proposed amendments to the extent that they are legally defendable under national and California laws.

Attachments:

1. Ordinance No. 868 An Ordinance of the City Council of the City of Yreka Striking Section 16.12.680, 16.46.120, 16.46.130, and 16.54.120 of the Yreka Municipal Code, Creating Chapter 16.59 Nonconforming Lots, Uses, and Structures and Finding the Adoption of this Ordinance to be Exempt from CEQA
88 ORDINANCE NO. 868

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA
STRIKING SECTIONS 16.12.680, 16.46.120, 16.46.130, AND 16.54.120 OF THE YREKA MUNICIPAL CODE, CREATING CHAPTER 16.59

NONCONFORMING LOTS, USES, AND STRUCTURES AND FINDING

THE ADOPTION OF THIS ORDINANCE TO BE EXEMPT FROM CEQA
Recitals
BE IT ORDAINED by the City Council of the City of Yreka as follows:

SECTION 1. Sections 16.12.680, entitled Nonconforming building or use, Sections 16.46.120 entitled Nonconforming uses, Section 16.46.130 entitled Nonconforming buildings, and Section

16.54.120 entitled Effect of chapter on existing use, Section 16.47.070 entitled Conflicting laws, Section 16.47.170 entitled conflicting laws, Section 16.47.180 entitled Severability, Section

16.47.190 entitled Environmental review, Section 16.47.100 entitled Effective date, Section

16.47.110 entitled Posting and publication, and Section 16.47.120 entitled Codification, of the Yreka Municipal Code are deleted in their entirely and supplanted and there is added Chapter

16.59 entitled Nonconforming Lots, Uses and Structures, as follows:

NONCONFORMING LOTS, USES, AND STRUCTURES

16.59.010 Purpose.

A. This Chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures. More specifically, an intent of this Chapter is to:

1. Limit the number and extent of nonconforming structure by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity; and

2. Prohibit restoration of non-conforming uses and structure after destruction.

3. Prohibiting the non-conforming use whenever the non-conforming use ceases for a period of at least twelve (12) calendar months.

B It is also intended to provide direction and guidance for the recognition of legally existing nonconforming uses, lots, and structures. Within the zoning districts established by zoning ordinance, structures, lots, and land uses exist that were lawful prior to the adoption or amendment of the zoning ordinance, but which would be prohibited, regulated, or restricted 89 differently under the terms of this title or future amendments. It is the intent of this chapter to encourage the eventual conversion of these uses, lots, and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

16.59.020 Nonconforming uses.

A. A use lawfully occupying a structure or a site, that does not conform with the present use regulations or the performance standards for the zone in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise provided in this Chapter.

B. A non-conforming use may be enlarged or extended only within the structure in which the non-conforming use exists, provided no structural alterations, except those required by law are made.

C. A non-conforming use which fails to meet state and local laws, ordinances, and regulations applicable to the zone in which it is located shall not be enlarged or extended or have equipment replaced that results in failure to meet then applicable requirements unless the enlargement, extension, or replacement will result in elimination of nonconformity with those applicable requirements.

D. Whenever a nonconforming use has been discontinued for a continuous period of twelve (12) or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use unless the Planning Director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.

E. Whenever a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re-established.

16.59.030 Nonconforming lots.

Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the County Assessor’s office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required.

16.59.040 Nonconforming structures and buildings.

A. A structure, lawfully occupying a site, that does not conform with the current property development standards for front yard, side wards, rear yard, height, coverage, or distances between structure, for the zone in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained, except as otherwise provided in this Chapter.

B. Routine maintenance and repairs may be performed on a structure or site, the use of which is non-conforming, and on a non-conforming structure. 90 C. A structure, the use of which is non-conforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted in this Chapter. However, the alteration or expansion of the non-conforming use may be granted through the conditional use permit process as provided in Chapter 16.44 YMC. This provision shall not require a conditional use permit to alter dwelling units to achieve compliance with City, State, and Federal regulations intended to create and maintain equitable housing (such as the Americans with Disabilities Act) D. If moved, the structure shall be made to conform to current local, State, and Federal codes.

E. Whenever a structure which does not comply with the then applicable property development standards for front yard, side yards, rear yard, heigh of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire, or other calamity, by the act of god, or by the public enemy to the extent of fifty (50) percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one (1) year and diligently pursued to completion. When the destruction exceeds fifty (50) percent or the structure is voluntary razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located, and the nonconforming use shall not be resumed.

E. Nonconforming Site Improvements (Not Including Structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is nonconforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.

16.59.050 Exemptions.

A. Equitable Housing Exemption. Any existing nonconforming building or structure that is rehabilitated under a housing rehabilitation program for the benefit of low-income persons may be repaired, reconstructed, or structurally altered without being brought into full compliance with the regulations set forth in this code with regard to setbacks, off-street parking, and street improvements so long as the footprint of the existing building is not expanded.

B. Agriculture, Timber, and Mineral Production Exemption. Nonconforming agriculture, timber production, and mineral resource production uses are exempt from conforming to current zoning regulations, unless the use is abandoned for more than twenty-four (24) consecutive calendar months.

16.59.060 Illegally existing nonconforming uses, lots, and structures.

Uses of land, lots, or structures that were created in violation of the Yreka Municipal Code, state law, federal law, zoning ordinance, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations 91 and illegally existing. The land use must be brought into conformance with the standards of this code, not the code in effect at the time the use was illegally initiated.

SECTION 5. Effective Date. This ordinance shall take effect thirty days after its adoption.

SECTION 6. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance.

SECTION 7. Publication. The City Clerk is directed to prepare, post and publish a summary of this ordinance as provided in Government Code Section 36933(c)(1).

SECTION 8. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Yreka Municipal Code that codification of this Ordinance is limited to Section 1.

SECTION 10. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.
92 Introduced at a regular meeting of the City Council held 17th Day of May 2022, and adopted as an ordinance of the City of Yreka at a regular meeting of the City Council held on ___________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

Duane Kegg, Mayor
APPROVED AS TO FORM Attest:

Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 93 Prepared by:

Agenda Title:

Meeting date:

Juliana Lucchesi, AICP, Planning Director
9C. Zoning Ordinance Creation: Chapter 16.57 “Rezoning” May 17, 2022
Recommended Actions:

1. Open public hearing, hear public comment, and close public hearing

2. Motion to accept the first reading of Ordinance 869 and move to a second reading.

Summary:

Background:

Cities use zoning as a means to advance their vision for the local communities by setting permitted uses and standards for various zoning districts. However, zoning may not keep up with the intentions of property owners and the needs of the community. Rezoning is an action that can be initiated by the city or a private applicant to change the zoning designation of a specific property or modify the zoning district to include a new use or change the development standards.

Rezoning a property should not be granted lightly. The city should critically analyze the existing zoning code to see if it fails the community by creating too strict of an environment for change and analyze if the proposed rezoning meets the future needs of the city.

Environmental Review:

The proposed amendments were noticed to meet Government Code Section 65090 for both the Planning Commission March 16, 2022 regular meeting and City Council regular meeting May 17, 2022. There have been no public comments submitted at the time of this packet release.

Planning Commission Action:

The Planning Commission held a duly noticed public hearing to comply with Government Code Section 65854. No public comments were made during the public hearing.

The Planning Commission unanimously approved the proposed ordinance language for City Council consideration.

Staff Recommendation:

City Staff recommend approval of the proposed amendments as submitted due to strict legal nature of the ordinance procedures established by case law. The proposed amendments accomplish the following:
• Creates a clear purpose and procedure for rezoning and zoning code changes.
• Creates an application and review process to ensure clear expectation of applicants and create timeframes for reasonable review and submission of application materials. These timeframes were established statewide under the “Permit Streamlining Act” enacted in 1977 (Government Code Section 65921).
• Establishes possible actions for the Planning Commission and City Council to ensure careful consideration on the application of the current zoning regulations and if there exists a need to change the application or code language.
• Establishes a legally defendable appeals process to meet the requirements of due process.

City Staff can accommodate City Council comments and proposed amendments to the extent that they are legally defendable under national and California laws.

Attachments:

1. Ordinance No. 869 An Ordinance of the City Council of the City of Yreka Adding a Chapter 16.57 to the Yreka Municipal Code in Entitled “Rezoning 95 and Zoning Text Amendment Procedure and Finding the Adoption of this Ordinance to be exempt from CEQA
96 ORDINANCE NO. 869

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA ADDING A CHAPTER 16.57 TO THE YREKA MUNICIPAL CODE IN ENTITLED “REZONING AND ZONING TEXT AMENDMENT PROCEDURE” AND FINDING THE ADOPTION

OF THIS ORDINANCE TO BE EXEMPT FROM CEQA
BE IT ORDAINED by the City Council of the City of Yreka as follows:

SECTION 1. CHAPTER 16.57 entitled “Rezoning and Zoning Text Amendment Procedure” is hereby added to the Yreka Municipal Code as follows:

Chapter 16.57 REZONING AND ZONING TEXT AMENDMENT PROCEDURE

16.57.010 Title, purpose, and applicability.

The provisions of this Chapter shall be known as the Rezoning and Zoning Text Amendment Procedure. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the zoning regulations and in the application thereof to specific properties.

This procedure shall apply to all proposals to rezone property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map.

16.57.020 No Council action without Planning Commission recommendation.

Action by the City Council to rezone any property, change the text of any provision of the zoning regulations, or establish, amend, or delete any development control map, not previously considered by the Planning Commission shall first be referred to the Planning Commission for its report and recommendation.

16.57.030 Initiation.

A. Private Party Initiation. The owner of any property, or their authorized agent, may make application to the Planning Commission to rezone such property, to amend or delete any development control map applicable thereto by fully completing the forms provided by the Planning Department, signed by the legal owner(s) of property affected by the proposed amendment, and shall include the filing fee set by the city.

B. Agency Initiation. The Planning Commission may, and upon request of the City Council shall, initiate action to rezone or reclassify any property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map. The action may also be initiated by the Planning Director. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the Commission for the rezoning or other change. A City Council or Planning Commission initiated process is exempt from Section 16.57.040. 97 16.57.040 Application and Review Process
A. Application Checklist. The application submittal shall contain all of the materials required by the rezoning/zoning text amendment checklist. The rezoning/zoning text amendment checklist shall be developed and maintained by the Planning Department.

B. Application fee. A rezoning/zoning text amendment application fee shall be paid at the time of application submission to the Planning Department. The variance application fee shall be set by City Council resolution.

C. The application shall be submitted to the Planning Department for review. The Planning Department shall have 30 calendar days to review the application:

1. If the Planning Department determines that the application is incomplete, the Department will notify the applicant of the application’s deficiencies. The applicant will have a maximum of ninety (90) calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction of the application, the application process is deemed to have lapsed at the expiration of the ninetieth (90th) day.

2. Whenever the Planning Department determines that an application is complete, the potential action will be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the Planning Department will schedule a public hearing with the Planning Commission.

16.57.050 Public Hearing Procedures
A public hearing by the Planning Commission shall be held and noticed in compliance with Government Code Sections 65090 through 65096.

16.57.060 Planning Commission action on private party application.

A. The Commission shall approve, modify, condition, or disapprove an application following its consideration whether the existing zone or regulations are inadequate or otherwise contrary to the public interest, and may approve, modify, or disapprove the application.

B. The Planning Commission may recommend reasonable conditions on the approval of any rezoning for the purposes of ensuring consistency of the proposed zoning with the general plan, mitigating environmental impacts, minimizing functional conflicts with surrounding land uses, or any other purpose that is determined to protect the public health, safety, or general welfare.

Conditions imposed on a rezoning pursuant to this section may include, but shall not be limited to, dedication of additional road rights-of-way and requirements for participation in the cost of public improvements, reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zone district.

C. In the event of approval or modified approval, the Planning Director on behalf of the Planning Commission shall submit a written report conveying the Commission’s recommendation on the application to the City Council giving reasons for the recommendation and the relationship of the 98 proposed amendment to affected elements of the general plan and any affected community or specific plans.

16.57.070 City Council action on private party application.

The City Council shall hold a public hearing in the same manner specified in Section 16.57.050 following the Planning Commission’s recommendation for approval or modified approval of the application. The City Council shall introduce, and exercise its discretion to adopt, modify, condition, or reject the proposed ordinance.

16.57.080 Appeals
In case the applicant or other affected are not satisfied with the action of the Planning Commission they may, within ten (10) calendar days after the rendition of the decision thereon by the Commission, appeal in writing to the City Council pursuant Section 16.14.030.

SECTION 5. Effective Date. This ordinance shall take effect thirty days after its adoption.

SECTION 6. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance.

SECTION 7. Publication. The City Clerk is directed to prepare, post and publish a summary of this ordinance as provided in Government Code Section 36933(c)(1).

SECTION 8. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Yreka Municipal Code that codification of this Ordinance is limited to Section 1.

SECTION 9. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.
99 Introduced at a regular meeting of the City Council held 17th day of May 2022, and adopted as an ordinance of the City of Yreka at a regular meeting of the City Council held on ___________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
Duane Kegg, Mayor
APPROVED AS TO FORM Attest:

_________________________ _____________________________ Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 100
Prepared by: Juliana Lucchesi, AICP Planning Director
Agenda Title: 9D. Zoning Ordinance Amendment: Chapter 16.58 “Variances”
Meeting date: May 17, 2022
Recommended Action:

1. Open public hearing, hear public comment, and close public hearing

2. Motion to accept the first reading of Ordinance 870 and move to a second reading
Summary:

Background:

A variance is a form of administrative relief from zoning regulations. A relief is a legal term for types of benefits a person can receive. For example, a relief granted through a variance could be adjusted lot setbacks. A variance is granted where the strict application of a zoning ordinance results in a hardship for a property owner. A hardship, that should be relieved with a variance, is when a highly unusual circumstance occurs that prevents a property owner from securing a reasonable return from or making a reasonable use of their property. Oddly shaped or sloped lots, for example, may make it difficult for a property owner to meet setbacks or height requirements. A variance granted by the city stays with the land and passes to the next purchaser.

Variances are rarely granted. There are several other methods and tools that can be used to allow an individual the ability to use their property in a way that is not allowed under the zoning code. For instance, a rezoning is more appropriate to address a use that is not allowed in a specific zoning district. If the use is deemed appropriate by the community, then the City should consider evaluating and updating the zoning to allow the proposed use as a use by right or conditional use. Numerous requests for variances in a specific area or zone may indicate that there is something wrong with the code and its application. Instead of granting 101
several variances for a similar issue, the City should amend the code to allow widespread relief.

Another example of when a variance could be granted could be the presence of a mining shaft. If a property owner begins to develop their property and finds the opening to an old mining shaft, the City may grant a variance that would allow the property owner to avoid the opening and develop the property as previously intended. There are two specific types of variances that the city can grant; use and area.

Use Variance
A use variance is a requested when a zoning ordinance prohibits a particular use (e.g., a commercial building in a residential area). A use variance is the most difficult for a City to granted in the United States and is strictly prohibited in the state of California (Government Code Section 65906). The rationale for the prohibition was that proposed uses not explicitly stated in the zoning code are incompatible with that zoning district and therefore it can threaten adjacent land ore the character of the neighborhood.

There are other methods and regulations that would accommodate changes in use. The city may amend the General Plan, zoning code, or issue a rezoning of the property to allow for a proposed use not explicitly listed in the zoning code.

Area Variance
An area variance is requested when a zoning district has specific lot and building regulations like height, setbacks, or development standards. There are three elements to granting an area variance: (1) prove necessary hardship; (2) denote the section of the code that if relaxed would alleviate the hardship; and (3) weigh various factors for why the hardship exists and that the proposed relaxation of the code is the lowest barrier to develop and use the property. There are many factors to be considered for granting an area variance; rather, the City would focus on balancing the potential negative effects of granting the variance with the benefit to the applicant.

Criteria for Granting a Variance
The City is delegated the authority to grant variances by the state. Although the authority is highly constrained by limitations placed by the state. For example, use variances as discussed above are not allowed in California. In addition to when a variance can be granted, the relief given must be kept to the minimum level.

This means that the City could not grant a property owner more than what is necessary to utilize the property. For example, if a property owner has a mining 102
shaft on their property and requests a variance to build above the maximum height for the zoning district. The City could not grant the property owner a fourstory building when a two-story building would allow the property owner to utilize the property and still exceed the single-story height maximum.

The granting of a variance requires the applicant to show unnecessary hardship.

Establishing such hardship typically requires proving that the land in question cannot realize a reasonable return, that the hardship relates to circumstances unique to the parcel of land, and that granting of that variance would not adversely affect the neighborhood. Each element must be satisfied for a variance to be granted.

Conditions on Variances
Conditions of approval, similar to use permit, are allowed on variances to minimize the potential impacts to the surrounding uses. Conditions must be used to reduce any adverse impacts of the land use, such as protecting nearby property. The Commission cannot impose conditions that are not rationally related to minimizing he adverse impacts of granting the variance.

Environmental Review:

Review by Public & Outside Agencies:

The proposed amendments were noticed to meet Government Code Section 65090. The Planning Department received one request for review of the proposed variance ordinance changes prior to the Planning Commission meeting March 17, 2022. The Planning Department repeated noticing per the above Government Code Sections for the City Council meeting dated May 17, 2022. There have been no public comments submitted at the time of this packet release.

Planning Commission Action:

All proposed zoning code creation and amendments require at least one public hearing at the Planning Commission and City Council level. The Planning Commission held a duly noticed public hearing at the Regular Planning Commission Meeting March 17, 2022. There were no public comments made during the public hearing.
103
The Planning Commission unanimously approved the proposed ordinance language as submitted and approved it for City Council consideration.

Staff Recommendation:

City Staff recommend approval of the proposed amendments as submitted due to strict legal nature of the ordinance procedures established by case law. The proposed amendments accomplish the following:
• Creates a clear purpose and applicability for the variance ordinance that clarifies why the city would allow and regulate variances. • Refines the application and review process to ensure clear expectation of applicants and create timeframes for reasonable review and submission of application materials. These timeframes were established statewide under the “Permit Streamlining Act” enacted in 1977 (Government Code Section 65921).
• Establishes new findings to grant a variance that comply with land use case law. A land use ordinance cannot be so vague or uncertain that a person of common intelligence and understanding must guess as to its meaning this would violate due process of the law (People v. Gates, 41 Cal. App 3d 590 (1974)). Vagueness and subjectivity are two elements that a city wants to avoid in its findings; therefore, the terms “morales” and “peaceful” are removed from the findings. These terms have been found to be incredibly subjective and not enforceable under the law. The terms health, safety, and welfare have been litigated close to death and have well established meanings and definitions.
• Establishes clear standards for the application of conditions for a variance to minimize impacts on surrounding uses.
• Establishes a legally defendable appeals process to meet the requirements of due process.

City Staff can accommodate City Council comments and proposed amendments to the extent that they are legally defendable under national and California laws.

Attachments:

1. Ordinance No. 2022-870 An Ordinance of the City of Yreka City Council of the City of Yreka Amending Yreka Municipal Code Chapter 16.58 Entitled “Variances” and Finding the Adoption of this Ordinance to be Exempt from CEQA.
104
ORDINANCE NO. 870

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YREKA
AMENDING YREKA MUNICIPAL CODE CHAPTER 16.58 ENTITLED
“VARIANCES” AND FINDING THE ADOPTION OF THIS ORDINANCE

TO BE EXEMPT FROM CEQA
Recitals
BE IT ORDAINED by the City Council of the City of Yreka as follows:

SECTION 1. Chapter 16.58 Sections 16.58.010 entitled Variances, 16.58.020 entitled Application,

16.58.030 entitled Public Hearing, 16.58.040 entitled Action by Commission, 16.58.050 entitled Revocation of variances and § 16.58.060 entitled Variances within any historic district, landmark, or landmark site, of the Yreka Municipal Code are deleted in their entirely and supplanted and there is added sections 16.58.070, 16.58.080, 16.58.090 and 16.58.100 as follows:

Chapter 16.58 VARIANCES

16.58.010 Purpose
The variance is established to permit modification of development standards as they apply to particular development when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the zoning code, develop through the strict literal interpretation and enforcement of such provisions. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

16.58.020 Applicability
A. A variance may be granted by the Planning Commission to permit modification of the following where mandated by this Title 16:

1. Building line setbacks, yards, open space, and buffer areas.

2. Height, lot coverage, density, and bulk regulations.

3. Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

4. Landscaping requirements.

5. Wall, fencing, and screening requirements.

6. Street and highway dedication and improvement standards.

7. Lot area and width requirements.

8. Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

9. Sign regulations other than outdoor advertising.
105

10. Distance-separation requirements.

B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C. A variance shall not be granted for a parcel of property that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

16.58.030 Application and Review Procedures
A. Application Checklist. The application submittal shall contain all of the materials and information as required by the variance checklist.

B. Application fee. The City’s variance application fee shall be paid at the time of application submission to the Planning Department. The variance application fee shall be set by City Council resolution.

C. The applicant shall submit the variance application to the Planning Department. The Planning Department shall have 30 calendar days to review the application and provide notice to the applicant whether the application is complete or requires additional information:

1. If the Planning Department determines that the application is incomplete, the Department shall notify the applicant of the application’s deficiencies. The applicant will have a maximum of ninety (90) calendar days from the date of the notification letter to correct the deficiencies. If the applicant fails to provide further response or correction, the application process is deemed to have lapsed at the expiration of the ninetieth day.

2. If the Planning Department determines that the application is complete, the proposed variance shall be reviewed for environmental compliance with the California Environmental Quality Act (CEQA). Upon completion of the environmental review, the Planning Department shall schedule a public hearing with the Planning Commission no more than 15 days after completing environmental compliance.

16.58.040 Public Hearing Procedure
A public hearing by the Planning Commission shall be held and noticed in compliance with Government Code Sections 65090 through 65096.

16.58.050 Findings
A. In order to grant any variance, the findings of the Planning Commission shall be:

1. Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the City Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2. The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.
106

3. Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.

4. Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

16.58.060 Conditions of Approval
A. The Commission may impose conditions to ensure that the approval will be in accordance with the findings required in Section 16.58.050. Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested.

B. The application may be approved contingent upon compliance with applicable provisions of other ordinances and any other federal, State, or County requirements.

16.58.070 Revocation of variances.

A. If a variance is not exercised, used, or established within one year of its grant or the time otherwise specified in the permit, the variance automatically expires. A variance is considered to be exercise, used, or established when, within one year of its grant or within the time otherwise specified in it, a building permit is issued for the purpose and location described in it. If no building permit is required to establish the variance, use, or other matter granted, then the permit is considered to be exercised, used, or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.

B. A variance or modification shall be revoked if the Planning Commission finds that one or more of the following conditions exists:

1. The variance or modification was obtained in a fraudulent manner;

2. The use for which the variance or modification was granted had ceased or was suspended for six or more successive calendar months;

3. The variance or modification is being, or has been, exercised contrary to any conditions of approval imposed upon such permit;

4. The variance or modification is being, or has been, exercised in violation of any law;

5. That the use for which the variance or modification was granted is being exercised so as to be detrimental to the public health or safety or so as to constitute a nuisance.

C. The Planning Commission, on its own motion, may, or upon direction of the City Council, shall hold a public hearing upon the question of revocation of a variance or modification granted. Notice of such hearing shall be noticed in compliance with Government Code Sections 65090 through 65096. The City shall bear the burden of proving grounds for revocation. The permittee may at such hearing add any relevant evidence or testimony in opposition to the proposed revocation. If 107
the Planning Commission finds that grounds for revocation exist, it may revoke the variance or impose conditions to its continuance. The Planning Commission shall render a written decision within thirty (30) days of said public hearing and include findings of fact in the event the permit is revoked. The decision of the Planning Commission may be appealed as provided in Section

16.14.030.

16.58.080 Variances within any historic district, landmark, or landmark site.

Any application for a variance required or permitted pursuant to the terms of this title which relates to any real property located within a historic district, landmark, or landmark site established pursuant to Title 17 of the Yreka Municipal Code, shall first be reviewed and considered by the Historic District and Landmarks Commission prior to consideration thereof by the Planning Commission.

16.58.090 Appeals
In case the applicant or other affected are not satisfied with the action of the Planning Commission they may, within ten (10) calendar days after the rendition of the decision thereon by the Commission, appeal in writing to the City Council pursuant Section 16.14.030.

16.58.100 Changed Plans
A request for changes in conditions of approval of a variance or a change of site plans that would affect a condition of approval shall be treated as a new application, except those changes determined to be minor, in the opinion of the Planning Director, may be approved administratively by the Director.

SECTION 5. Effective Date. This ordinance shall take effect thirty days after its adoption. 108
SECTION 6. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance.

SECTION 7. Publication. The City Clerk is directed to prepare, post and publish a summary of this ordinance as provided in Government Code Section 36933(c)(1).

SECTION 8. Codification. The City Clerk is directed and authorized to instruct the publisher of the City of Yreka Municipal Code that codification of this Ordinance is limited to Section 1.

SECTION 9. Execution. The Mayor and City Clerk are authorized to subscribe this ordinance where indicated below to evidence its approval.

AYES:

NOES:

ABSENT:

ABSTAIN: __________________________
Duane Kegg, Mayor
APPROVED AS TO FORM Attest:

_________________________ _____________________________ Dohn Henion, City Attorney Shella Rhetta Hogan, City Clerk 109
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Yreka City CouncilMay 17, 2022

Yreka City Council
May 17, 2022