Agenda — Yreka City Council, October 17, 2023

Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL MEETING AGENDA
October 17, 2023
Closed Session: 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] 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 at www.ci.yreka.ca.us/AgendaCenter. Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 701 4th St, Yreka, California during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours.

Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.ci.yreka.ca.us/AgendaCenter.

1. 5:30PM CALL TO ORDER:

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced.

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).

Oct. 17, 2023 Regular Yreka City Council Meeting 1 of 119 a. Conference with Legal Counsel Existing Litigation (Gov. Code Sec. 54956.9(d)(1)):

In re: Aqueous Film-Forming Foam Products Liability Litigation, MDL No. 2-18-mn-2873-RMG (USDC SC)

4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

6. PUBLIC COMMENTS:

Public participation is welcomed and invited at all City Council meetings. This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the Regular Agenda, please address the Council when that item is open for public comment.

The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

Councilmembers, when recognized by the Mayor, may ask clarifying 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.

This time is set aside for residents to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Agenda. If your comments concern an item listed under the Public Hearing or New Business sections of the Agenda, please address the Council when that item is open for public comment.
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• 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. These become a public record.
• Please limit your remarks to five (5) minutes.
• Since Council is unable to take action on issues not on the agenda, your matter may be referred to staff for follow up or be placed on a future agenda.

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

7. CONSENT AGENDA:

Oct. 17, 2023 Regular Yreka City Council Meeting 2 of 119 c. Motion to Adopt Resolution 2023-50 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Grant Application for Community Planning and Development – Pathways to Removing Obstacles to Housing (FR-6700-N-98).
d. Motion Authorizing Yreka’s Police Chief, Mark Gilman to enter into a multijurisdictional Memorandum of Understanding recognizing the city’s participation in the North State Major Investigation Team (NSMIT)
Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

8. OLD BUSINESS: (none)

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. Public 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. Title: Yreka Travel Center and Hotel Development Planned Unit Development Amendment • Review of Planning Commission Approval of Yreka Travel Center and Hotel Development Planned Unit Development Amendment and Conditional Use Permit (YMC Section 16.60.070(F))
• Appeal of Variance 2021-45 (Filed by Darrin Mercier on behalf of Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC) (YMC Section 16.58.090) Summary:

Applicant 4 North Yreka, LLC seeks to amend Planned Unit Development (“PUD”) Permit 5-98 (Use Permit No. 2883), use permit for the project, and a height variance (Assessor’s Parcel Numbers 053- 642-350, 053-642-360, 053-642-370, and 053-642-380). The Project proposes a 12,300 square-foot convenience store, a food hall, and retail shop; a fuel center for automobiles and RVs, a separate fuel center for semi-trucks, and a 99-space parking lot (Phase I); and a 70-room, three-story hotel with parking (Phase II). The height variance allows the hotel building to exceed the maximum height limit of 35 feet for the Commercial Highway zone.

Appellant Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC (through Law Office of Darrin Mercier) challenges the height variance and opposes the review of the Planning Commission Resolution 2023-06.

Recommended Action:

1. Open Public Hearing, receive public comments, and close public hearing

2. Motion to approve City Council Resolution 2023-51 a Resolution of the City Council of the City of Yreka Affirming Planning Commission Approval of Amendments to Planned Unit Development 5-98 with Conditions, and Denying Appeal of Variance 2021-45 and Affirming the Planning Commission Approval of Variance 2021-45.

Oct. 17, 2023 Regular Yreka City Council Meeting 3 of 119

10. NEW BUSINESS
City Manager
a. Title: City of Yreka Proclamation United Against Hate The City Council for the City of Yreka adopted the Proclamation United Against Hate on October 18th of 2022 at the request of members of the public. The United Against Hate organization was created by civic leaders to empower residents to take action in their local communities and build inclusive and equitable communities for all. United Against Hate Week (Nov. 12-18, 2023) is a call for seven days of local civic action by people in every community to stop the hate and implicit biases that are a dangerous threat to the safety and civility of our neighborhoods, towns, and cities.

Recommended City Council Action: Motion to adopt the City of Yreka Proclamation United Against Hate as presented and Proclaiming November 12-18, 2023, as United Against Hate Week.

11. CITY MANAGER/STAFF REPORTS:

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

12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.

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.

Public Hearings: If 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 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 Oct. 17, 2023 Regular Yreka City Council Meeting 4 of 119 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].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA )
I, Rhetta Hogan, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 72 hours, before the hour of 5:30PM on October 17, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. /s/: Rhetta Hogan
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Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Community Dev. Director

YREKA CITY COUNCIL MEETING AGENDA
October 3, 2023
Closed Session 5:30 PM
Regular Session: 6:30 PM
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.

1. 5:30PM CALL TO ORDER:

The meeting was called to order at 5:30 PM, Councilmembers Baker, Kegg, McCoy and Middleton were present. Councilmember Davis was absent.

2. PUBLIC COMMENT ON CLOSED SESSION:

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the below item(s). At the conclusion of the Closed Session, the Open Session will reconvene and reportable action, if any, will be announced. a. Conference with legal counsel—anticipated litigation (City Initiating) (Govt C §54956.9(d)(4) - Number of cases: 2
b. Conference with real property negotiator (Govt C §54956.8) - Property: 400 S. Foothill, Yreka APN 054-191-290-000
- Agency negotiator: Jason Ledbetter
- Negotiating parties: Siskiyou County
- Under negotiation: Price and Terms
c. Conference with real property negotiator (Govt C §54956.8) - Property: 1961 Campus Drive, Yreka APN 062-031-190-000 (1.25 acres) - Agency negotiator: Jason Ledbetter
- Negotiating parties: Nor-Cal Products by Pfeiffer Vacuum - Under negotiation: Price and Terms

4. 6:30PM CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:

Motion to proceed and authorize litigation to enforce the failure to pay transit occupancy taxes by a particular party.

MOTIONED: Councilmember Baker
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis
Oct. 17, 2023 Regular Yreka City Council Meeting 39 of 119 Mayor Middleton announced that Councilmember Kegg recused himself from closed session item 3.c. due to a conflict of interests and Councilmember Davis is absent this evening.

5. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:

This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.

6. PUBLIC COMMENTS:

The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.

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

Public comments were heard from Mike Grifantini, Jan Osborn, Lorenzo Love, Bob Caster, and Dawnmarie Autry.

7. 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 September 11, 2023, through September 25, 2023. b. Approval of Minutes of the Regular Meeting held September 19, 2023. c. Motion to Adopt Resolution 2023-47 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.) Oct. 17, 2023 Regular Yreka City Council Meeting 40 of 119 d. Motion to Adopt Resolution 2023-48 Authorizing the City Manager to Award a Construction Contract to Advantage Paving, for the S. Oregon Street Rehabilitation Project in the Amount of $963,992 for the Base Bid, and to Execute Related Documents.
e. Motion to Adopt Resolution 2023-49 of the City Council of the City of Yreka, State of California, Authorizing the Filing of an Application for the USDA-FS Community Wildfire Defense Grant (USDA-FS-2023-CWDG-CWSF).

Recommended City Council Action: Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.

Consent agenda item 7.c. Surplus Lands Act item is being removed from consideration of the consent agenda.

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as amended for the correction to the September 17, 2023, minutes where Councilmember Davis was present at roll call.

MOTIONED: Councilmember McCoy
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis

8. OLD BUSINESS: (none)

9. PUBLIC HEARINGS: (none)
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. Public 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.

10. NEW BUSINESS
Finance Director
a. Title: Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6 of the California Constitution At the September 5, 2023, City Council meeting, Paul Reuter with PACE Engineering presented the City of Yreka’s 2023 Water and Wastewater Utility Rate Study. This evening before you is the resolution requesting adoption of the protest voting procedures for the proposed rate increase. If the procedures resolution is approved this evening, rate increase notices will be mailed to all water and wastewater utility customers 45-days prior to the public hearing considering the rate increase. That public hearing is scheduled for November 21, 2023.

Recommended City Council Action: Motion to Adopt Resolution 2023-46 of the City Council of the City of Yreka Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6, of the California Constitution and Finding the Resolution Exempt from CEQA.

Oct. 17, 2023 Regular Yreka City Council Meeting 41 of 119 Motion to Adopt Resolution 2023-46 of the City Council of the City of Yreka Approving Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6, of the California Constitution and Finding the Resolution Exempt from CEQA.

MOTIONED: Councilmember Baker
SECONDED: Councilmember Kegg
AYES: Councilmembers Baker, Kegg, McCoy, and Middleton
NOES: -0-
ABSENT: Councilmember Davis

11. CITY MANAGER/STAFF REPORTS:

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

Jason Ledbetter attended the planning commission meeting on September 23, 2023, and the Communications Ad Hoc Committee meeting on September 28, 2023. City Manager Ledbetter is working on drafting a newsletter informing residents of the many actions and projects currently underway in the City of Yreka. City Manager Ledbetter has attended multiple fire staffing and fire station design meetings. City Manager Ledbetter is meeting with past Yreka fire volunteers to inform them of plans for a new fire hall and paid fire staff. City Manager Ledbetter met with the City’s website virtual webmaster on September 28, 2023, in effort to continue to migrate City forms to fillable online documents. City Manager Ledbetter said staff has reviewed the bid from NMR AG for Ringe pool bid and is in process of scheduling a preselection interview with them.

12. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Baker attended a fundraiser for the Sheriff’s office, Councilmember Baker had a vacation, and unfortunately missed the recent communications ad hoc meeting.

Councilmember Kegg is continuing to stay engaged with the Continuum of Care and the County’s pallet shelter proposed project, and mentioned he has been observing progress on the 400 S. property soil removal project.

Mayor Pro Tempore McCoy welcomed Dawnmarie Autry to the Planning Commission. Mayor Pro Tempore McCoy complimented the City Manager and Public Works staff on the construction projects this summer, and the Yreka Police Department on their community policing efforts, particularly with the unhoused population.

Mayor Middleton spoke to the importance of local government and how local government defines your community, encouraging volunteers and future local political leaders to get involved.

13. ADJOURNMENT:

The meeting was adjourned at 7:08PM.
-----------------------------------
Corey Middleton, Mayor
Minutes approved by City Council,
Motion on October 17, 2023
-------------------------------
Rhetta Hogan, City Clerk
Oct. 17, 2023 Regular Yreka City Council Meeting 42 of 119

CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
FROM: Jason Ledbetter, City Manager
AGENDA TITLE: HUD Community Planning and Development – Pathways to Removing Obstacles to Housing (FR-6700-N-98)
MEETING DATE: October 17, 2023
Recommendation andRequested Action:

Motion to Adopt Resolution 2023-50 of the City Council of the City of Yreka, State of California, Authorizing the Filing of a Grant Application for Community Planning and Development – Pathways to Removing Obstacles to Housing (FR-6700-N-98).

The Project
Pathways to Removing Obstacles to Housing (PRO Housing) empowers communities that are actively taking steps to remove barriers to affordable housing and seeking to increase housing production and lower housing costs for families over the long term. Barriers to affordable housing can be caused by zoning, land use policies, or regulations; inefficient procedures; gaps in available resources for development; deteriorating or inadequate infrastructure; lack of neighborhood amenities; or challenges to preserving existing housing stock such as increasing threats from natural hazards, redevelopment that reduces the number of affordable units, or expiration of affordability requirements.

In the recently adopted General Plan Housing Element the city identified its needs and is seeking grant opportunities like this grant to fund staff and contractual consulting services to assist in meeting the strategic goals identified in the plan, e.g. Chapter 2, https://www.ci.yreka.ca.us/DocumentCenter/View/1508/Ch-02--Goals-Policies-Programs-Aug2023?bidId= Build America Bureau, U.S. Department of Agriculture: Federal CFDA# 14.023 HUD is issuing this NOFO under the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022) (Appropriations Act), which appropriates $85 million for competitive grant funding for the identification and removal of barriers to affordable housing production and preservation. Congress has directed HUD to undertake a competition using the Community Development Block Grant (CDBG) statutory and regulatory framework.

Under this NOFO, HUD will provide PRO Housing grants to identify and remove barriers to affordable housing production and preservation. Grantees may use awards to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation.

HUD has six goals for this competition:

1. •Fairly and effectively award the PRO Housing grant funding Oct. 17, 2023 Regular Yreka City Council Meeting 43 of 119

2. •Elevate and enable promising practices dedicated to identifying and removing barriers to affordable housing production and preservation, while preventing displacement

3. •Institutionalize state and local analysis and implementation of effective, equitable, and resilient approaches to affordable housing production and preservation

4. •Provide technical assistance to help communities better fulfill the Consolidated Plan’s requirement of identifying barriers to affordable housing and implementing solutions to address those barriers

5. •Affirmatively further fair housing by addressing and removing barriers that perpetuate segregation, barriers that inhibit access to well-resourced areas of opportunity for protected class groups and vulnerable populations, and barriers that concentrate affordable housing in underresourced areas.

6. •Facilitate collaboration and harness innovative approaches from jurisdictions, researchers, advocates, and stakeholders.

Fiscal Impact:

The city is estimating a request of $1,000,000 from the grant cycle and will be providing a leverage of existing staff resources and projects of approximately 50%, as demonstrated on the budget. It is important to remember that the match component includes tasks the City is already doing, and has committed to in its Housing Element update, many of which are required by the state. The grant opportunity would allow the City to leverage that effort with additional funding to engage qualified consultants (e.g. Housing Tools and PCE, on call planning consultants) and a housing programs, including housing grants, housing production coordination. The preliminary grant budget is included as an attachment.

Oct. 17, 2023 Regular Yreka City Council Meeting 44 of 119 Resolution Number: 2023-50

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YREKA, STATE OF CALIFORNIA

AUTHORIZING THE FILING OF A GRANT APPLICATION TO

HUD-COMMUNITY PLANNING AND DEVELOPMENT
PATHWAYS TO REMOVING OBSTACLES TO HOUSING PROGRAM (FR-6700-N-98) WHEREAS, Housing and Urban Development (HUD) is issuing this notice of funding opportunity under the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022) (Appropriations Act), which appropriates $85 million for competitive grant funding for the identification and removal of barriers to affordable housing production and preservation; and WHEREAS, HUD will provide Pathways to Removing Obstacles to Housing grants to identify and remove barriers to affordable housing production and preservation. Grantees may use awards to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation, and
WHEREAS, the City of Yreka is requesting program grant funds of an estimated one million, and will be leveraging existing project resources of an estimated one-half million as match for the grant, and WHEREAS, the City has a 2023 Certified Adopted Housing Element, where the City identified its needs (and barriers) to housing and is seeking grant opportunities like this grant to fund staff and contractual consulting services to assist in meeting the strategic goals identified in the plan, and WHERAS, the City of Yreka has identified the need to contract for support to assist the city with developing building codes, zoning, and land use planning.

NOW, BE IT RESOLVED that the City Council of the City of Yreka:

1. The Council hereby finds and determines that the foregoing recitals are true and correct.

2. Approves the filing of a grant application to the Housing and Urban Development - Community Planning and Development – Pathways to Removing Obstacles to Housing (FR-6700-N-98) for an estimated one million dollars and will be leveraging existing project resources of an estimated one-half million as match for the grant.

3. Appoints Jason Ledbetter, City Manager, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

The foregoing resolution was approved and adopted the 17th of October 2023 by the following vote:

AYES:

NOES:

ABSENT: Corey Middleton
Mayor
----CERTIFICATION OF RESOLUTION---- Please note the person attesting cannot be the person(s) appointed in (5.) ATTEST:

I, Rhetta Hogan, City Clerk of the City of Yreka, witness my hand or the seal of the City of Yreka on the 17th day of October 2023.

Rhetta Hogan
City Clerk
Official Seal
Oct. 17, 2023 Regular Yreka City Council Meeting 45 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka
Applicant Address: 701 Fourth Street
Yreka, CA 96097
Category Detailed Description of Budget (for full grant period)

1. Personnel (Direct Labor)
Estimated
Hours Rate per Hour Estimated Cost HUD Share
Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Position or Individual
Community Development Director 1,200 $75.00 $90,000 $90,000 Planning Manager 1,200 $65.00 $78,000 $39,000 $39,000
Housing Programs Coordinator 4,160 $65.00 $270,400 $270,400 $0 Public Works Director 200 $80.00 $16,000 $16,000
Grant Accountant 800 $55.00 $44,000 $44,000
City Clerk 100 $55.00 $5,500 $5,500
Total Direct Labor Cost $503,900 $309,400 $194,500

2. Fringe Benefits Rate (%) Base Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Community Development Director 75.00% $90,000.00 $67,500 $67,500 Planning Manager 75.00% $78,000.00 $58,500 $29,250 $29,250 Housing Programs Specialist 75.00% $270,400.00 $202,800 $202,800 $0 Public Works Director 75.00% $16,000.00 $12,000 $12,000 Grant Accountant 75.00% $44,000.00 $33,000 $33,000
City Clerk 75.00% $5,500.00 $4,125 $4,125
Total Fringe Benefits Cost $377,925 $232,050 $145,875
Previous versions of HUD-424-CBW are obsolete. 1 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 46 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka

3. Travel
3a. Transportation - Local Private Vehicle Mileage Rate per Mile Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Trans - Local Private Vehicle
3b. Transportation - Airfare (show destination) Trips Fare Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Transportation - Airfare
3c. Transportation - Other Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Transportation - Other
3d. Per Diem or Subsistence (indicate location) Days Rate per Day Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Per Diem or Subsistence
Total Travel Cost

4. Equipment (Only items over $5,000
Depreciated value) Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Total Equipment Cost
Previous versions of HUD-424-CBW are obsolete. 2 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 47 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka

5. Supplies and Materials (Items under $5,000 Depreciated Value) 5a. Consumable Supplies Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Paper, Charts, Pens, Pencils 2 $750.00 $1,500 $1,500
Software Licenses (Office, Adobe, ERSI) 36 $100.00 $3,600 $3,600 Phone Monthly 36 $75.00 $2,700 $2,700
Printer Toner 6 $475.00 $2,850 $2,850
Subtotal - Consumable Supplies $10,650 $10,650 $0
5b. Non-Consumable Materials Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Desk 1 $1,200.00 $1,200 $1,200
Chair 1 $1,200.00 $1,200 $1,200
Personal Computer 1 $1,800.00 $1,800 $1,800
Phone 1 $1,000.00 $1,000 $1,000
Printer 1 $650.00 $650 $650
Subtotal - Non-Consumable Materials $5,850 $5,850 $0
Total Supplies and Materials Cost $16,500 $16,500 $0

6. Consultants (Type) Days Rate per Day Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Interpretors 10 $250.00 $2,500 $2,500
Total Consultants Cost $2,500 $2,500

7. Contracts and Sub-Grantees (List individually) $2,500 $2,500 7a. Contracts Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Housing Tools (Housing Program Development) $75,000 $75,000 $0 PCE Engineering (Zoning Assessment) $185,000 $125,000 $0 PCE Engineering (Municipal Code Updates) $250,000 $125,000 $125,000 Subtotal - Contracts $510,000 $325,000 $125,000
7b. Sub-Grantees (List individually) Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Sub-Grantees
Total Contracts and Sub-Grantees Cost
Previous versions of HUD-424-CBW are obsolete. 3 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 48 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka

8. Construction Costs
8a. Administrative and legal expenses Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Legal (direct program charges) 150 275 $41,250 $41,250
Publication Charges 20 350 $7,000 $7,000
Subtotal - Administrative and legal expenses $48,250 $48,250 $0 8b. Land, structures, rights-of way, appraisal, etc Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Land, structures, rights-of way, …
8c. Relocation expenses and payments Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Relocation expenses and payments
8d. Architectural and engineering fees Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Architectural and engineering fees
8e. Other architectural and engineering fees Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Other architectural and engineering fees
8f. Project inspection fees Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Project inspection fees
Previous versions of HUD-424-CBW are obsolete. 4 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 49 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka
8g. Site work Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Site work
8h. Demolition and removal Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Demolition and removal
8i. Construction Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Construction
8j. Equipment Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Equipment
8k. Contingencies Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Contingencies
8l. Miscellaneous Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Subtotal - Miscellaneous
Total Construction Costs
Previous versions of HUD-424-CBW are obsolete. 5 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 50 of 119 Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name: City of Yreka

9. Other Direct Costs Quantity Unit Cost Estimated Cost HUD Share Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Item
Total Other Direct Costs
Subtotal of Direct Costs $ 1,459,075 $933,700 $467,875

10. Indirect Costs Rate Base Estimated Cost HUD Share
Applicant
Match
Other HUD
Funds
Other
Federal
Share
State Share Local/Tribal
Share
Other Program
Income
Type
City of Yreka Indirect Cost Rate 10.00% $1,401,575 $140,158 $93,370 $46,788 Total Indirect Costs $140,158 $93,370 $46,788
Total Estimated Costs $1,599,233 $1,027,070 $514,663
Previous versions of HUD-424-CBW are obsolete. 6 form HUD-424-CBW (2/2003) Oct. 17, 2023 Regular Yreka City Council Meeting 51 of 119 Table 2-2
City of Yreka Affirmatively Further Housing Action Plan Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline 1 Metrics: Track efficacy of AFFH actions, and make adjustments as needed.

Citywide Annual reporting to the Planning Commission and annual adjustments to increase goal attainmentFirst annual report in 2024 with the housing element
annual progress report
New Opportunities in High Resource Areas

2.a Remove barriers to housing choice,
and improve housing affordability
and mobility by increasing the
availability of workforce and affordable housing in areas of opportunity.

Citywide and areas
near Yreka’s high
resource areas, i.e.,
the downtown area
and generally
northwestern
neighborhoods.

The City will continue to collaborate with the County and nonprofit housing organizations and developers to encourage development of affordable workforce housing development, including rehabilitation and adaptive reuse. The City will meet the County and nonprofit housing organizations and developers no less than twice a year, and will provide summaries of meetings to the Planning Commission.

Convene first meeting
within 24 months of adoption of housing element,
and provide summaries
with the housing element
annual progress report
(HE APR) thereafter.

2.b Remove barriers to housing choice,
and improve housing affordability
and mobility for workforce and affordable housing by:
• Increasing the availability and
variety of workforce and affordable housing.
• Promoting and supporting
mixed income housing developments and neighborhoods.
• Encouraging new workforce and
affordable housing and promoting homeownership opportunities throughout the City, particularly in low resource areas.

Citywide and areas
near Yreka’s high
resource areas, i.e.,
the downtown area
and generally
northwestern
neighborhoods.

1. As part of Program HE-5.1.1, develop a technical assistance program that includes online tools and resources as described in Program HE-5.1.1 to disseminate information about the allowances for ADUs, JADUs, and SB 9 housing units to facilitate new construction or conversion. Ten housing units that are affordable to lower income households. all or a mix of ADUs/JADUs/SB 9 units.

2. Amend the Zoning Code as per Programs HE-1.2.1, HE-1.3.1, HE-2.1.4, HE-6.1.4, HE-6.1.5, HE-7.1.1, HE-7.1.2, and HE-7.3.1 herein to address development standards that are barriers to the creation of a variety of housing types in high opportunity areas. The amendments will facilitate new construction, or conversion, of four housing units that are not configured as detached single family units on individual lots, and are affordable to lower income households.

1. Launch the technical
assistance program by the
end of 2024, with the
housing units will be developed during the 2023-
2031 planning cycle.

2. Complete Zoning Code
amendments by 2024,
with development of the
new housing units occurring by the end of the 6th
housing element planning
period.

3. Incorporate into program prior to public
launch of both programs,
Oct. 17, 2023 Regular Yreka City Council Meeting 52 of 119 Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline

3. Implement the affirmative marketing strategies described in actions 3,b, 3.c, and 3.d to increase participation property owners in high resources areas. and implement concurrently.

2.c Remove barriers and improve housing choice and mobility for residents by developing a referral program. Citywide, and residents residing in Yreka’s high resource areas.

Develop a program administered by the City or by partnering with a qualified organization to connect lower-income households and individuals, including extremely income residents with affordable rental and homeownership opportunities in the City. Features of the program would include:
• Landlord recruitment.
• Develop and maintain a list of affordable housing units that are available for rent or purchase in the City.
• A system for verifying the eligibility of applicants. • A system for matching eligible applicants with available units.

The program to be marketed as part of actions described in 3.b,

3.c, and 3.d below. 16 households to be placed in affordable housing during the 2023-2031 planning period.

Launch program by
2025.

Fair Housing Outreach and Dissemination of Fair Housing Information

3.a Improve AFFH outreach and reduce
displacement by improved dissemination of fair housing resources.1 Citywide Support non-profit organizations that provide multi-lingual landlord/tenant mediation, foreclosure assistance, or tenant legal counseling services. The city will meet with the housing authorities of Shasta County and the Karuk Tribe at least twice per year to discuss Housing Choice Voucher and Project-Based Voucher needs, affirmative marketing and outreach activities, and methods of increasing the number of vouchers allocated to the city.

Facilitate new construction, or conversion, of four housing units affordable to lower income households.

Convene first meeting
within 24 months of adoption of housing element,
and meet with organizations at least biannually
thereafter during the
2023-2031 planning period.

Housing units to be developed during the 2023-
2031 planning period.

Oct. 17, 2023 Regular Yreka City Council Meeting 53 of 119 Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline

3.b Improve fair housing awareness of
residents to reduce displacement
by informing residents of fair housing resources, including fair housing assistance programs, fair housing rights and remedies, and the range of fair housing incentives
available in Yreka.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild Hospital neighborhoods.

The City will make information on fair housing available to the public, through the posting of fair housing information in City Hall and in other public buildings, on the City’s website, distribution to existing and new apartment complexes, publishing information and materials on the City’s website, and inserting information in the City’s newsletter.

The City will provide fair housing materials, printed and as web content, in Spanish and other languages. Materials will depict members of protected classes under fair housing laws.

The City will perform proactive public outreach by attending community events, workshops and through direct contact with property owners and tenants.

Increase fair housing awareness by increasing inquires by two inquires annually.

The City will update the
website by Q3 2024.

Distribute information annually.

The City will participate in
a community event, workshop, or similar public
event/activity at least
once a year beginning in
2025.

3.c Improve fair housing resources by
developing an AFFH brochure that
informs residents of fair housing resources.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild Hospital neighborhoods.

Develop an AFFH brochure and other fair housing resources. Include brochures with utility billing at least twice during the 2023- 2031 planning period. Place printed brochures and other AFFH materials at multiple venues, such as City Hall, libraries, and public counters of social service organizations.

First annual report no
later than 2025 as part of
the HE APR, annually
thereafter as part of the
HE APR.

3.d Improve fair housing awareness
and reduce language barriers by
providing fair housing resources
and housing opportunities to English and non-English speakers.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild
Provide printed materials and web content on fair housing and housing opportunities in Spanish and other languages, as requested.

Purchase translation software or subscribe to a translation service, and translate fair housing resources for residents. Complete purchase by December 31, 2023. Distribute, publish, and First annual report no
later than 2025 as part of
the housing element annual progress report, annually thereafter as part of the HE APR.

Oct. 17, 2023 Regular Yreka City Council Meeting 54 of 119 Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline Hospital neighborhoods.post translated materials within six months following purchase.

Thereafter, review annually and update as needed.

3.e Improve fair housing awareness by
distributing information about
AFFH and fair housing to City staff,
elected officials, and appointees of
for consistent implementation.

Citywide Provide training for staff, elected officials, and appointees on issues of fair housing. City Council meetings will include a fair housing presentation at least biennially.

Begin in calendar year
2025
Conservation and Revitalization

4.a Conserve and improve the existing
housing stock through proactive
code enforcement to result unit rehabilitation to improve habitability of housing that is affordable.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild Hospital neighborhoods.

Develop a proactive code enforcement program that focuses on areas having concentrated rehabilitation needs. Program implementation is to result in repairs and retention of housing, and mitigates potential cost, displacement, and relocation impacts on residents. Facilitate the conservation/rehabilitation of four housing units during the planning period of 2023 to 2031.

Begin in calendar year
2025, and provide summaries to the Planning
Commission no less than
annually as part of the HE
APR.

4.b Reduce displacement of residents by implementing Replacement Housing law Citywide including Yreka’s high resources areas, e.g.,
near Yreka’s downtown area and generally northwestern neighborhoods.

Areas targeted for growth (e.g., such as job and housing rich areas, revitalization areas) the City will implement replacement housing requirements consistent with the provisions of Gov’t Code Section 66300 as a city subject to the provisions of the Housing Crisis Act (see Program HE-4.4.1).

Existing housing units (or units removed within five years of a development application) will be replaced one-for-one and in a manner consistent with the provisions of the cited Gov’t Code Section.

First annual report in
2024, then annual with
the HE APR

5.a Targeted investment using available state and federal funding for neighborhood revitalization and
conservation of the existing
Yreka’s low resource areas, e.g.,
residents and
neighborhoods
east of Interstate 5.

Seek state and federal funding to improve infrastructure and access to opportunity in areas not currently designated as high resource. Complete four infrastructure and/or public facility projects by 2031.City will apply for appropriate state and federal infrastructure funding annually.

Oct. 17, 2023 Regular Yreka City Council Meeting 55 of 119 Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline housing stock to transform low resource areas to high resource areas.

5.b Reduce poverty by improving the
creation of jobs.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild Hospital neighborhoods.

The City shall support efforts to connect low-income residents with financial empowerment resources, homeownership programs, small business assistance, living wage jobs, and workforce training resources and services.

The City will meet with local and regional economic development agencies and organizations at least twice per year to discuss existing economic development projects and prospective projects that are available for residents in order to provide referrals.

The City will refer four residents to the Siskiyou Economic Development Council, USDA Rural Development, and Small Business Development Center for services annually.

Convene first meeting
within 24 months of adoption of housing element,
and meet with organizations at least biannually
thereafter during the
2023-2031 planning period.

5.c Improve housing mobility and encourage neighborhood revitalization by creating more inclusive and equitable neighborhoods, and increase access to opportunity.

Citywide, and residents residing in
Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild Hospital neighborhoods.

By the end of 2023, the City will convene meetings with representative groups of community residents, including non-English speakers, to identify housing needs and solutions at the neighborhood level, particularly in areas targeted for inclusive economic and community development. The City will convene these meetings at least two meetings per year.

First annual report no
later than 2024 as part of
the HE APR, annually
thereafter as part of the
HE APR.

5.d Protect existing residents from displacement, and increase the opportunity for qualified residents to reside in affordable units. Citywide, and residents residing in Yreka’s low resource areas, e.g.,
neighborhoods
east of Interstate 5
and Fairchild
Increase eligible resident use of tenant-based Housing Choice Vouchers (HCV) by including information about HCV on the City website and public counters. Website to include information and resources for both tenants and landlords.

Increase the number of Yreka applicants for vouchers by at least 5 percent by 2031.

Update the website by
2024.

Oct. 17, 2023 Regular Yreka City Council Meeting 56 of 119 Id # City AFFH Action
Geographic
Targets Deliverable(s) & Metrics for Determining Success Timeline Hospital neighborhoods.

Oct. 17, 2023 Regular Yreka City Council Meeting 57 of 119

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CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: Mark Gilman, Chief of Police
AGENDA TITLE: Memorandum of Understanding for the City’s participation in the North State Major Investigation Team (NSMIT)
MEETING DATE: October 17, 2023
Recommended Action: Motion Authorizing Yreka’s Police Chief, Mark Gilman to enter into a multijurisdictional Memorandum of Understanding recognizing the city’s participation in the North State Major Investigation Team (NSMIT) Discussion:

The North State Major Investigation Team (NSMIT) will be working in conjunction with Central Valley California High Intensity Drug Trafficking Area, and with other Participating Agencies to effectively enforce the laws of the State of California including Penal Code, Vehicle Code, Health and Safety Code, and applicable federal laws related to manufacture, trafficking, and distribution of all illicit narcotics and dangerous drugs; and relating to violent crime, street terrorism and related crimes.

Use of the task force concept is intended to ensure well rounded and coordinated criminal enforcement regionally and increase the flow of information between participating agencies as well as law enforcement agencies on the periphery of the counties where NSMIT will operate. The formation of NSMIT will allow agencies in the north state to call upon the task force to assist with criminal investigations and to respond quickly to illegal trends in drug trafficking or other crimes related to criminal organizations. All participating agencies share the same purpose of initiating a task force which will work in a cooperative effort in combating criminal activity deemed a priority in the area of responsibility (Siskiyou, Shasta and Trinity Counties) for NSMIT.

Participation in the North State Major Investigation Team’s Memorandum of Understanding ensures the structure, activities and levels of support from the participating agencies. The Yreka Police department is committed to providing task force resources of a full-time officer, undercover vehicle, vehicle radio and standard complement of investigative equipment.

Fiscal Impact:

The financial resources of the officer, vehicle and equipment in the task force were included in the 2023-2024, and 2024-2025 biannual budget adopted by the City Council on August 15, 2023.

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
Prepared by: Juliana Lucchesi, AICP, Community Development Director Agenda Title: Yreka Travel Center and Hotel Development Planned Unit Development Amendment
• Review of Planning Commission Approval of Yreka Travel Center and Hotel Development Planned Unit Development Amendment and Conditional Use Permit (YMC Section 16.60.070(F))
• Appeal of Variance 2021-45 (Filed by Darrin Mercier on behalf of Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC) (YMC Section 16.58.090)
Meeting date: October 17, 2023
Recommended Action:

1. Open Public Hearing, receive public comments, and close public hearing

Summary:

The City of Yreka received application No. 2021-45 from 4 North Yreka, LLC (“Applicant”) for an amendment to Planned Unit Development (“PUD”) Permit 5-98 and associated Use Permit No. 2883, use permit for the development, and a height variance for Assessor’s Parcel Numbers 053-642-350, 053-642-360, 053-642-370, and 053-642-380 within the City of Yreka.

The application proposes two phases, herein referred to as the “Project”: Phase I - a 12,300 square-foot building consisting of a convenience store, a food hall, and retail shop open 7 days a week, 24 hours a day; a fuel center, with eight dispensers for automobiles, a separate fuel center with four dispensers for semi-trucks, RV’s and Travel Trailers, and parking lot including electric vehicle charging stations; Phase II - a 70-room, three-story hotel, and parking. The height variance would allow a 43-foot 4-inch building to exceed the maximum height limit of 35 feet for the Commercial Highway zone.

The Planning Commission approved Resolution 2023-06 that approves the proposed amendment to PUD 5-98 with conditions, issues a use permit, and approves a height variance.

An appeal for the variance approval was submitted September 28, 2023 by the Law Office of Oct. 17, 2023 Regular Yreka City Council Meeting 79 of 119 Darrin Mercier on behalf of the Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC.

Planned Unit Development Zoning:

City of Yreka Municipal Code (“YMC”) Chapter 16.60 “Planned Unit Developments” outlines the purpose, procedure, and conditions for granting and amending PUDs within City Limits.

The purpose of PUDs, generally, is to allow more flexible development standards and uses in the existing Zoning Code. Section 16.60.010(C) states that the Planning Commission may issue a PUD overlay zone through a conditional use permit to a development. The conditional use permit is subject to final review and approval by the City Council. This process includes amendments to existing PUDs.

Planned Unit Development Permit 5-98 Background:

The proposed project is located within PUD 5-98 (Use Permit No 2883, as amended) that was granted to Roger Akkerman & Lanny Edgeman on May 27, 1998. The original PUD Use Permit applied to two Assessor’s Parcels (053-031-050 and 053-641-690) and allowed auto/truck refueling, Recreational Vehicle (“R.V.”) Park, restaurant, and motel/hotel site. The Use Permit also subdivided the two parcels into four parcels plus a remainder.

Since the creation of the PUD through Permit No. 2883, there have been three amendments to the site plan and permitted uses of the PUD. The amendments to the original PUD are presented as follows in chronological order:

Permit No. 3081 submitted by Roger Akkerman and approved July 19, 2000 – amendment to the PUD to change the location of the R.V. park within the PUD from the original location to the south-east edge of the PUD on the remainder parcel created in Use Permit No. 2883.

Permit No. 3507 submitted by Roger Akkerman and approved July 20, 2005 – amendment to the PUD to allow sale of park model recreational vehicles and a R.V. repair business in addition to the already permitted uses. The amendment allowed both a temporary use on APN 053-642-390 and permanent use on APN 053-642-340.

Permit No. 4010 submitted by Roger Akkerman and approved August 17, 2009 – amendment to the PUD to allow for retail businesses established within a building consistent with C-2 and CH Zones in addition to currently approved uses. This amendment was not confined to any specific parcel within the PUD.

There were two subsequent site plan modifications (Permits No. 3906 and 3927) that did not go through the PUD process for the approval of the Yreka Truck Stop at 787 Montague Road, Yreka, CA 96097. The site plan modifications to the PUD for the truck stop included:
• Reduction of the building square footage to 5,475 sq. ft.

Oct. 17, 2023 Regular Yreka City Council Meeting 80 of 119 • Reduction in the number of parking spaces to 34, relation of the gas fuel tanks; and • Increase in the number of fuel dispensers.

Finally, the Yreka Truck Stop located at 787 Montague Road received a Conditional Use permit to allow a two-bedroom, long-term residence in the second story of the truck stop retail building to allow up to six (6) individuals to live there. This Conditional Use Permit did not result in an amendment of the PUD to allow long-term residences.

Project Description:

Project development would require the approval by the Planning Commission and City Council of an amendment to PUD 5-98, associated CUP No. 2883, and variance to allow the height of the hotel building to match other hotel structures in the PUD. The Proposed Project is located on approximately 4.97 acres of land, currently identified as four separate parcels by the Siskiyou County Assessor’s Map records (Assessor’s Parcel Numbers (APN) 053-642 350, -360, - 370, and -380). The Project Site is within the City’s GC (General Commercial) General Plan land use designation and is zoned Planned Unit Development (PUD 5-98). The site is bounded by an existing commercial use (hotel) to the west, an RV park to the south, the Yreka Truck Stop to the east, vacant land to the west, and Montague Road/SR-3 and vacant lands to the north.

The Project is proposed to be completed in the following two phases:

Phase 1
• A 12,300-sf building including a convenience store, a food hall, bar, retail shop, and outdoor patio, open 7 days a week, 24 hours a day.
• A fuel center with a 6,298-sf canopy, with eight dispensers (16 fueling stations) for automobiles and RVs.
• A separate fuel center with 1,872-sf canopy, with four diesel dispensers (4 fueling stations) for semi-trucks.
• Two underground gasoline/diesel fuel tanks (size to be determined), three 12,000- gallon above-ground diesel tanks, and a 10-foot propane tank. • Parking accommodating 89 spaces, including spaces for Tesla, Phase 2 and Phase 3 Electric Vehicles (EV) charging stations
• A pet park area
• Two monument signs and a goalpost sign
• Perimeter landscaping (44,676 sf total for Phases I and II) Anticipated average throughput of gasoline and diesel fuel per day when the Project is in operation is as follows:
• Approximately 6,500 gallons of gasoline per day
• Approximately 7,000 gallons of diesel fuel per day
Oct. 17, 2023 Regular Yreka City Council Meeting 81 of 119 Phase 2
• 70-room, three-story hotel (44 feet tall, 17,032 sf)
• Parking accommodating 76 spaces, including two spaces for EV charging. • A goalpost sign.
• Perimeter landscaping (44,676 sf total for Phases I and II) Once completed, the Project is estimated to employ 40 to 50 persons overall with approximately 12 to 15 employees per shift.

Access to the site is provided by two driveways for the convenience store/fueling site and two driveways for the hotel site, all via an existing private road from Montague Road/SR 3.

The existing unnamed private roadway serves various properties within PUD 5-98. According to the Siskiyou County Assessor’s Office, this road is a private road currently owned by A1 Investments LLC, 9950 Koa Lane, Elk Grove California 95624-5009. The Project applicant has submitted a copy of the Yreka Travel Plaza Association Declaration of Covenants, Conditions and Restrictions (CC&Rs) to the City. The Yreka Travel Plaza Association was the consortium of owners in the original PUD 5-98. According to the CC&Rs, the Project has full access and use of the private road, known as the Common Area in the CC&Rs. In addition, the CC&Rs provide the maintenance responsibilities of the Common Area, required and shared between landowners in PUD 5-98. All current and future maintenance of this roadway and roadway landscaping is the responsibility of the landowners within PUD 5-98.

The Project Site is vacant of structures and relatively flat, gently sloping from west to east, with elevations between 2,630 and 2,660 feet above mean sea level for the site.

Revisions have been made to the Site Plan originally submitted on October 13, 2021. Many are in response to the Draft Conditions of Approval received on September 12, 2023. In response to condition 23, the Applicant has added a note to the site lighting detail on the site plan to state the requirements required by this condition. In response to condition 39, the site plan shows the road widened to 48’ with a new curb, gutter, and sidewalk which will connect to the existing sidewalks at each corner. In response to condition 40, we have added a note to paint the new curb red and install “no parking” signage along the newly widened private road. In response to condition 41, we have increased the second access driveway into the truck fueling lot to 45’. In response to condition 42, we have placed signs at the corner, past the truck fueling access driveway, that will read “No Trucks Beyond this Point” & “No Outlet”. And finally, in response to condition 43, the Applicant has added a sign at the first access driveway that reads “Trucks, Travel Trailers, and Recreational Vehicles Fueling at Next Entry”.

In addition to these revisions some other updates were required. The truck fueling canopy has been updated to a newer design based on more current standards. The vehicle paths for both the California Legal Design Vehicle and the Fuel Tanker have been revised to match the new widened road and access drive. The accessible walk paths have been extended to reach both Oct. 17, 2023 Regular Yreka City Council Meeting 82 of 119 fueling pads, the radius of the fuel tanker hose has been added at the underground storage tanks. A corrected keynote was added to show the location of the pylon sign that was in the original package, and revised parking provided information.

Project Location:

The Project Site is located in the northeast area of the City of Yreka south of Montague Road/SR 3. The assigned addresses for the four undeveloped parcels of the Project Site are 717, 727, 737 and 747 Montague Road/SR-3. The Proposed Project is located in a mostly rural area of the City of Yreka with sparse development surrounding the site. The 4.97-acre Project Site is vacant of structures and relatively flat, gently sloping from east to west, with elevations between 2,630 and 2,660 AMSL for the site. The site had been previously graded and there are a few small mounds on the site as a result of grading activities. The site is primarily composed of disturbed grassland habitat with patches of shrubs.

Surrounding Conditions and Uses:

Surrounding uses include the Yreka RV Park, vacant land with a drainage basin, and large lot single family uses to the south, and a Holiday Inn Hotel, and Interstate 5 (I-5) to the west. North of the site is Montague Road/SR 3 with vacant land beyond. The Yreka Truck Stop is east of the site, with vacant land and a lumber yard and mini storage beyond.

Findings and Analysis:

PUD Amendment and Use Permit
The findings required to grant a modification for a PUD are outlined in Section 16.60.070.D of YMC. An analysis of all of the required findings is presented below.

1. That the proposed location of the planned unit development is in accordance with the objectives of this title.

The objectives of Title 16 “Zoning” are to regulate the use of land, buildings, or other structures for residences, commerce, industry, and other uses required by the community; regulate the location, height and size of buildings or structures, yards, courts, and other open spaces, the amount of building coverage permitted in each zone, and population density; divide the city into zones of such shape, size and number best suited to carry out these regulations, and to provide for their enforcement. These regulations are necessary to promote and protect the public health, safety, comfort, and general welfare (YMC 16.04.010).

The proposed project would not change the overall location of the PUD or the location of the existing CH and M-1 zoning established by the 2004 zoning code. The proposed project would not create a nonconforming use, structure, or lot that would be in violation of Title 16.

Therefore, the proposed amendment to the PUD can be found to be in compliance with the objectives of Title 16 “Zoning”.

Oct. 17, 2023 Regular Yreka City Council Meeting 83 of 119

2. That the proposed location of the planned unit development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

The proposed project, subject to the conditions imposed by this permit, would meet the applicable provisions of Chapter 16.60. Conditions of approval are recommended to address operation and design aspects of the proposed project to meet this finding.

Beginning at condition 7 through 47 in the proposed conditions of approval, these conditions of approval would address potential issues surrounding site plan design and maintenance, loitering, vehicle camping, onsite camping, litter, alcohol sales and consumption, noise, lighting, security, and traffic.

Neighboring property owners expressed concerns regarding additional freight traffic generated by the development impacting the flow of freight traffic into the neighboring truck stop. A series of conditions of approval are recommended to address the neighboring property concerns above and beyond the required mitigations in the FEIR traffic analysis.

First, the existing private road is 38-feet in width measured from front of curb to front of curb.

The City of Yreka has adopted the City of Redding Street Standards that requires a minimum road width of 48-feet for the type of road that services the existing and proposed development. A condition of approval would require the Applicant to widen the street to meet the adopted City Standards. An additional condition of approval recommended for this project would require the Applicant to paint and sign the frontage of the development for no parking to address adjacent property owners’ concerns over traffic.

The proposed condition to widen the private road to 48-feet would not conflict with the CEQA analysis performed and certified at the August 16, 2023, Planning Commission meeting. The traffic analysis was conducted to identify Vehicle Miles Traveled (VMT) impacts and Level of Service (LOS) based on projected traffic counts, types, and flows. The projected traffic is based on the proposed use of the properties which would not change with the increased road width.

The private road only serves the PUD development uses and does not function as a through street that could see an increase in traffic if the street was widened.

A condition of approval is recommended to increase the width of the second driveway used for freight fueling to 45 feet in width to allow a larger swing of freight, recreational vehicles, and travel trailer into and out of the fueling station to address concerns of adjacent property owners. The increase in the width of the secondary entry would address concerns that the proposed development would interfere with the adjacent property freight, recreation vehicle, and travel trailer traffic.

The final two recommended conditions of approval to safe traffic flows are the erection of signage to prohibit freight traffic past the development into the narrow cul-de-sac section of the development and to prohibit trucks, travel trailers, and recreation vehicles using the first Oct. 17, 2023 Regular Yreka City Council Meeting 84 of 119 entry to the fueling station. The cul-de-sac portion of the private road is built and sized to accommodate single occupancy vehicle traffic to and from the existing and proposed hotel developments. The use of this portion of the private road would not be suitable for consistent freight traffic outside of normal delivery vehicles. The addition of “No Trucks Beyond This Point, and “No Outlet” would improve traffic flow on the private drive for all PUD uses. The recommended condition of approval to erect a “Trucks, Travel Trailers, and Recreation Vehicles Fueling at Next Entry” would ensure onsite traffic flow does not result in traffic waiting on the private road for an oversized vehicle to exit the site.

With the recommended conditions of approval, the proposed uses would be operated or maintained in a manner that will be detrimental to the public health, safety or welfare, or which would be materially injurious to properties or improvements in the vicinity.

3. That the proposed planned unit development will comply with each of the applicable provisions of this chapter.

The proposed project is subject to the provisions outlined in Chapter 16.60 “Planned Unit Development”. The provisions of Chapter 16.60 include the required application materials, permitted uses, site area, standards, required conditions, and findings to grant a use permit for a PUD. The proposed project has presented the required documentation and followed the procedures outlined in Section 16.60.070 for amendments to the PUD. The uses proposed in the project are allowed in the C and M-1 districts, and the PUD. The PUD as a whole is over 5 acres and a PUD therefore continues to be an appropriate land use measure. The standards for planned unit development have been met through the design of the proposed project. The project as designed and conditioned will not be reasonably objectionable to persons residing or working in the vicinity, or injurious to property within the vicinity, and do not involve any hazard of fire or explosion. Therefore, the proposed project would meet the applicable provisions of Chapter 16.60.

4. That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of this title.

The proposed project does not include any long-term residences; therefore, the project would not change the established population density outlined in the PUD or the CH and M-1 zones.

The proposed project is subject to several local ordinances that define site design standards, setbacks, height, landscaping, off-street parking and loading facilities, and site coverage. The PUD was amended in August 2009 (Use Permit No. 4010) to include language on site character and standards. Condition 3 of Use Permit No. 4010 states:

All uses authorized within the Planned Unit Development are subject to the zoning ordinance regulations for the typical zone in which the use is allowed, Oct. 17, 2023 Regular Yreka City Council Meeting 85 of 119 including but not limited to project specific site plan review and approval, setback requirements, height limits, landscape and parking requirements.

The PUD includes both CH and M-1 zones, but the proposed project is located only in the CH portion and not subject to M-1 development standards. The proposed project meets all standards within the CH zoning designation except height. The proposed project, to conform with the character of the surrounding properties within the PUD, has requested a height variance to increase the height of the proposed phase 2 hotel to equal the height of the existing hotel (43 feet and 4 inches). The requested height would exceed the maximum height of 35 feet by 8 feet and 4 inches. The request for additional height was analyzed in the environmental documentation and found to have less than significant or no impact on aesthetics at the requested height. If Planning Commission grants the additional height variance, the proposed development would maintain the height characteristic of neighboring properties within the PUD.

The proposed project following city standards outlined in YMC Section 16.36.040 ensures that the proposed project would maintain or improve the environment and character of the PUD.

5. That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and off-street parking and offstreet loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

The effect that the project would have on utilities and transportation was analyzed under the certified Final Environmental Impact Report (FEIR) and subsequent environmental documents.

The conclusion was that the design of the proposed development with a condition to implement all mitigations outlined in the environmental documentation would ensure that the project would not lead to an overload of utilities or congestion.

Electricity is provided to the Project Site by Pacific Power. Using the CalEEMod electric usage assumptions, the annual electricity consumption due to operations would be 933,379 kilo-Watt per Hour (kWH), resulting in a negligible increase (0.3193 percent) in the annual electricity consumption attributable to all non-residential uses in Siskiyou County. Pacific Power has also been consulted as part of this project and determined that the anticipated electrical needs could be supported by the existing infrastructure with the installation of an electric service connection at the project site. For these reasons, the Project would not result in the inefficient, wasteful, or unnecessary consumption of building energy. As such, no new electric facilities will be required to provide electricity to the Project. Therefore, the Project would have a less than significant impact in this area.

The project is not located in an area with access to natural gas; therefore, there would be no impact to the natural gas system. The project could apply to a private propane company to install a propane system on the site, but that system would be sized and determined at the time of Building Permit application system.

Oct. 17, 2023 Regular Yreka City Council Meeting 86 of 119 Stormwater runoff and associated pollutants are controlled through adherence to the City’s Stormwater Quality Management & Discharge Control Ordinance (Municipal Code Chapter

12.40), which requires projects in Yreka to prevent pollutants from leaving the Project Site. In addition to compliance with National Pollutant Discharge Elimination System regulations, Municipal Code Chapter 12.40 requires the preparation of a Storm Water Pollution Prevention Plan in order to comply with the North Coast Regional Water Quality Control Board’s General Construction Storm Water Permit. The Project would result in an increase in impervious surfaces, specifically 12,300 sf of a new convenience store building, 17,032 sf of hotel, and large areas of paved/concrete surfaces. Currently, this area is vacant land and allows standing water to percolate into the groundwater basin. All Project stormwater runoff will be directed to an existing stormwater detention basin located southwest of the site. This detention basin was designed to meet the stormwater detention needs for PUD 5-98, including the Project Site.

The City of Yreka is a Phase II, Small MS4 (municipal separate storm sewer systems) permittee under the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges". Municipal Code Chapter 12.40 seeks to protect and enhance the water quality of watercourses, water bodies, and wetlands so that, to the maximum extent practicable, stormwater will not cause or contribute to any exceedances of water quality standards contained in the statewide Water Quality Control Plan, the California Toxics Rule, or in the North Coast RWQCB Basin Plan. The Proposed Project includes an existing stormwater retention basin designed to accommodate all stormwater flows within the PUD 5-98 area. All stormwater flowing from the Project’s parking lot and new building would flow into this basin.

Because of these standard procedures, the existing stormwater basin, and the requirement to prepare a SWPPP, the Project impacts to water quality would be less than significant.

The project will connect to private water and wastewater lines within the PUD that are owned and maintained by the PUD owners, which then connect to the City water and wastewater lines located in the Highway 3 right of way. The project water demand and wastewater impact were modeled by the CEQA consultant in coordination with City of Yreka Public Works and PACE Engineer (City Engineer Contractor). The modeling utilized the square footage of the proposed uses of the development and a water demand factor from the United States Geological Survey (USGS) and other sources. The following assumptions were used to determine the potential water demand for the Project:

Oct. 17, 2023 Regular Yreka City Council Meeting 87 of 119 Based on this calculation, the Project is estimated to use 271,612 to 278,612 gallons of water per day. The City has water rights to provide approximately 7,799 acre feet per year that equates to 6.9 mgd. Yreka has a current average usage of 1.1 mgd in the winter and 3.8 mgd in the summer. The water treatment facility has capacity to treat up to 8.7 mgd; therefore, the overall water usage would not cause an exceedance of the water system.

Additionally, the City has Development Impact Fees (DIF) for public facilities, streets, water system, wastewater collection system and storm drainage charged to all new residential, commercial, office, and industrial projects. The Project would be required to pay these fees, as applicable. The water system DIF is used for water system improvements required because of new development in the City. As shown, the additional demand of the Project would not result in a need for new or expanded water treatment facilities.

The City’s Wastewater Treatment Plant is permitted to treat up to 1.2 mgd Average Dry Weather Flow (ADWF) and the City currently produces approximately 0.8 mgd ADWF. There were 2,789 wastewater system connections in 2017. In December 2017, there were 2,135 single-family residential connections, 192 multi-family connections, 436 commercial connections, 19 institutional connections, and six industrial connections (City of Yreka 2018).

The City currently has approximately 0.4 mgd of additional ADWF before exceeding the permitted treatment capacity at the treatment plant. A typical estimate used for wastewater generation is to utilize 90 percent of water usage as wastewater. This accounts for outdoor uses such as lawn watering, where the water does not end up becoming wastewater, as well as consumptive uses. Seasonal variations exist in water usage due to lawn watering. Therefore, the 90 percent factor is applied as an annual average, with the knowledge that a greater proportion of the 10 percent difference between water use and wastewater generation is likely used in the summer versus the winter, due to the increase in outdoor uses. The proposed project, based on 90% the maximum projected water usage, could produce up to 250,751 gpd.

The additional wastewater volume would not exceed the available 0.4 mgd available at the treatment plant in the most severe scenarios. Therefore, the project would not exceed the allowable wastewater capacity.
100 – 200 gpd per room
Oct. 17, 2023 Regular Yreka City Council Meeting 88 of 119 The City Public Works and City Engineer (PACE Engineering) analyzed the size, age, and condition of the sewer system from the project site to the wastewater facility. Both parties determined that the size and conditions of the line will not be exceeded by this project.

The City’s DIF for the wastewater system is used for wastewater system improvements required because of new development in the City, including those that may be required for the Proposed Project. Based on the number of connections currently being served to the treatment plant, the addition of the Project wastewater flows would not result in the exceedance of the treatment plant’s capacity.

The FEIR spent a considerable amount of time and analysis on the potential impacts of the proposed development on the transportation infrastructure. As noted earlier in this report, the road serving the proposed project is a privately owned road by the members of the PUD. The road as it is currently engineered was analyzed for the potential increases in traffic. The FEIR analyzed and concluded that the private road would see an increase in peak AM/PM hour traffic, but the increase in traffic would not degrade the level of service below a “C” which is the minimum level of service required in Goal CI.2 of the 2002 City of Yreka General Plan.

The intersections that would see a reduced level of service below “C” would be on Highway 3/Montague Road. The impacts of this project on the traffic system surrounding the PUD would be mitigated to less than significant with the implementation of the mitigation measures outlined in the FEIR.

The design of the proposed development with the inclusion of a condition to implement all mitigations outlined in the environmental documentation would ensure that the project would not lead to an overload of utilities or congestion that would reduce the level of service below a “C”. Therefore, the proposed project with conditions would meet this finding. Traffic impacts discussed in the Finding 2 analysis above also supports Finding 5. The design of the proposed development with the inclusion of a condition to implement all mitigations outlined in the environmental documentation and the conditions discussed in Finding 2 (Conditions 43 through 47) would ensure that the project would not lead to an overload of utilities or congestion that would reduce the level of service below a “C”. Therefore, the proposed project with conditions would meet this finding.

6. That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

The original Use Permit No. 2883 sited a full-service restaurant in the proposed location for the project. Since the original formation of the PUD, subsequent use permits were approved by the city to add R.V. retail sales, R.V. repair shop, and retail businesses established within a building consistent with C-2 and CH Zones. Complementary uses can be defined as different uses of land or other resources, each of which benefits or supplements the other(s) where they exist Oct. 17, 2023 Regular Yreka City Council Meeting 89 of 119 together in the same area. The addition of a travel center and hotel within the PUD can be considered complementary under this definition.

The proposed development includes convenience store, fast food restaurant, fueling station, and hotel uses that are allowed as use by right within the Commercial Highway zone. The convenience store and fast-food restaurant are combined within the structure in Phase One of the project which fits the amended allowed uses consistent with retail businesses within a building approved in Use Permit No. 4010 in August of 2009. The proposed hotel development would be immediately adjacent to the existing hotel which would be a compatible and identical use allowed within the PUD.

The proposed development includes uses that are allowed as use by right within the Commercial Highway zone and the amended PUD. The 2002 General Plan and 2004 zoning code outlined allowed, conditionally allowed, and accessory uses that are compatible with each other and meet the purpose of the various zones throughout the city. The proposed development falls within the parameters of the General Plan and the zoning for allowed and compatible uses. Therefore, the proposed development will harmonize with and complement the adjacent and proposed uses of the PUD.

7. That the proposed planned development is consistent with the General Plan.

The proposed development includes uses that are allowed as use by right within the General Commercial Land Use Designation. The 2002 General Plan outlines allowed, conditionally allowed, and accessory uses that are compatible with each other throughout the city. The purpose and allowed uses within General Commercial are larger commercial buildings located on parcels that can accommodate parking. The uses are typically stand-alone uses and oriented more toward vehicle traffic.

The proposed development falls within the parameters of the General Plan and furthers the purpose of the General Commercial Land Use designation. Therefore, the proposed development is consistent with the 2002 General Plan.

Variance
The findings required to grant a modification for a Variance are outlined in Section 16.58.050 of YMC. An analysis of all of the required findings is below:

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.

The proposed hotel development would exist within a special PUD that has allowed a similar development to exceed the maximum height of the Commercial Highway (CH) zone. The maximum height of the CH zone is 35 feet. The existing hotel is a 68-room, three-story structure and 45 feet in height. The proposed hotel development requests to build the new Oct. 17, 2023 Regular Yreka City Council Meeting 90 of 119 hotel development to 43 feet 4 inches to allow a 70-room, three story structure to match the physical scale of the adjacent structure. A strict interpretation of the CH height maximum onto the PUD where a 45 foot building exists is an inconsistent application of the zoning code in the PUD.

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.

As discussed in Finding 1, the proposed hotel height increase 43 feet 4 inches would not constitute a grant of special privilege due to the adjacent hotel development height of 45 feet.

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.

The strict application of the 35-foot height maximum on the proposed development could be considered an inconsistent application of the zoning regulations in this circumstance due to the existence of a taller structure already within the zone. The purpose of a height maximum is to regulate the scalability of development to ensure a cohesive landscape of buildings that are well matched in size and general shape. The strict application would result in a structure that would not fit the existing physical landscape of the area around the proposed development.

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.

The FEIR analyzed the proposed development at the requested height for potential impacts to aesthetics. The environmental analysis found that the proposed hotel development would not have an aversive impact on scenic vistas, scenic resources, or that it would degrade the existing visual character of the surrounding area. Based on the environmental findings, the proposed increased height would 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.

Public Noticing:

The Planning Commission approval of the proposed PUD amendment and variance occurred at a duly noticed meeting at the September 20, 2023, regular Planning Commission meeting. The item was a continuation from the August 16, 2023, regular meeting. The item was continued due to lack of Planning Commission quorum on August 16, 2023.

The items were noticed pursuant to Government Code Sections 65090 and 65091. A notice was published in the Siskiyou Daily Newspaper, on the City’s website, and posted at City Hall at Oct. 17, 2023 Regular Yreka City Council Meeting 91 of 119 least 10-days prior to the hearing. A letter was sent to all property owners within 300 feet of the proposed project location at least 10 days prior to the Planning Commission Hearing.

The public comments received during the public commenting period are reflected in the findings analysis earlier in this report.

The City Council public hearing was duly noticed in the same fashion pursuant to Sections 65090 and 65091. There were no public comments received prior to the publication of this report.

Planning Commission Action:

The Planning Commission at the September 20, 2023, regular meeting opened the public hearing for the PUD amendment, use permit, and variance. The Commission received comments from the Applicant’s representatives and the general public. The public hearing was closed after no other comments were voiced. The Planning Commission voted 3-0-1-1 (Commissioner Autry recused and Commissioner Ohlund absent). The Planning Commission during discussion prior to voting expressed satisfaction with the analysis completed by staff and felt comfortable approving the project.

City Council Action:

PUD Amendment
Pursuant to Section 16.60.070(F) YMC, the City Council shall review the Planning Commission decision to approve the PUD amendment with conditions. The City Council may affirm, reverse, or modify the decision, provided that if a decision to reverse or modify is made that the City Council clarify the reasoning for reversal or modification based on the findings to grant a PUD amendment.

Appeal of Variance
The City Council, pursuant to Section 1614030(C) YMC, shall review the appeal materials and the information in this staff report and public comment given during the public hearing regarding the Planning Commission’s decision to grant the variance. The City Council may reverse the Planning Commission approval, set aside, affirm, or modify the action. City Council may also remand the matter back to Planning Commission for further study or action. If the City Council chooses to reverse, modify, set aside, or remand the matter back to Planning Commission, the requesting member must clarify their reasoning based on the findings to grant a variance.

Attachments:

1. Resolution 2023-51 a Resolution of the City Council of the City of Yreka Affirming Planning Commission Approval of Amendments to Planned Unit Development 5-98 Oct. 17, 2023 Regular Yreka City Council Meeting 92 of 119 with Conditions, and Denying Appeal of Variance 2021-45 and Affirming the Planning Commission Approval of Variance 2021-45

2. Draft Conditions of Approval for 2021-45 Yreka Travel Center and Hotel Development

3. Variance 2021-45 Appeal Letter – September 28, 2023
Supplemental Documents of Interest: These documents are available online and hard copy at City Hall but not printed in this agenda packet.

Final Environmental Impact Report
Draft Environmental Impact Report
Draft Environmental Impact Report Appendices
Oct. 17, 2023 Regular Yreka City Council Meeting 93 of 119 CITY OF YREKA CITY COUNCIL RESOLUTION CC 2023-51

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF YREKA AFFIRMING PLANNING

COMMISSION APPROVAL OF AMENDMENTS TO
PLANNED UNIT DEVELOPMENT 5-98 WITH

CONDITIONS, AND DENYING APPEAL OF VARIANCE
2021-45 AND AFFIRMING THE PLANNING
COMMISSION APPROVAL OF VARAINCE 2021-45
WHEREAS, on December 31, 2021, 4 North Yreka, LLC, (“Applicant” ) submitted an application for an amendment to Planned Unit Development (“PUD”) No. 5-98 and associated use permit No. 2883 for the Yreka Travel Center and Hotel Development, Application Number 2021-45, (the “Project”) for Assessor’s Parcel Numbers 053-642-350, 053-642-360, 053-642-370, and 053-642- 380 within the City of Yreka; and
WHEREAS, Chapter 16.60 of the Yreka Municipal Code requires an application for an amendment to a Planned Unit Development (“PUD”) to be heard in a duly noticed public hearing and for Planning Commission to make necessary findings; and WHEREAS, on August 16, 2023, the Planning Commission certified an Environmental Impact Report (“EIR”) for the Yreka Travel Center and Hotel Development Planned Unit Development Amendment (“PUD”), Conditional Use Permit (“CUP”), and Variance pursuant to the California Environmental Quality Act (“CEQA”) and California Code of regulations, Title 14, Chapter 3 (“CEQA Guidelines”); and,
WHEREAS, public notice was posted as per Government Code Sections 65090 and 65091, which requires specific posting requirements and noticing to property owners within 300 feet of the proposed development; and
WHEREAS, on September 19, 2023, the Planning Commission held a duly noticed public hearing to accept public comments and approved the proposed PUD amendments, use permit, and Variance 2021-45 on September 19, 2023, at the Planning Commission regular meeting; and WHEREAS, Chapter 16.60 of the Yreka Municipal Code requires City Council review of the Planning Commission meeting at the next regularly scheduled meeting; and WHEREAS, a letter of appeal regarding the Planning Commission approval of Variance 2021-45 was filed with the City Clerk within 10-days of the Planning Commission decision by the Law Office of Darin Mercier on behalf of A1 Investments, Holiday Inn Express, and Yreka Truck Stop; and
WHEREAS, the City Council of the Yreka held a duly noticed public hearing at the regular city council meeting held October 17, 2023 to accept public comments and consider the Planning Commission’s approval of the PUD 5-98 amendments and hear the appeal regarding Variance 2021-45;
Oct. 17, 2023 Regular Yreka City Council Meeting 94 of 119 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Yreka does hereby determine the following:

Section 1. The factual data submitted and stated at the October 17, 2023 Regular City Council meeting are true and correct.

Section 2. The City Council acknowledges the Planning Commission certification of the Environmental Impact Report (EIR) at the August 16, 2023, regular Planning Commission meeting prepared pursuant to CEQA Guideline Section 15090 and Yreka Municipal Code Section

19.30.590.

Section 3. The City Council affirms the Planning Commission approval of PUD amendment and subsequent use permit No. 2883 based upon the entire record, pursuant to Section 16.60.070.D of the Yreka Municipal Code, all of the following findings can be made to grant an amendment to a PUD and issue a use permit.

1. That the proposed location of the planned unit development is in accordance with the objectives of this title.

FACT: The objectives of Title 16 “Zoning” are to regulate the use of land, buildings, or other structures for residences, commerce, industry, and other uses required by the community; regulate the location, height and size of buildings or structures, yards, courts, and other open spaces, the amount of building coverage permitted in each zone, and population density; divide the city into zones of such shape, size and number best suited to carry out these regulations, and to provide for their enforcement. These regulations are necessary to promote and protect the public health, safety, comfort, and general welfare (YMC 16.04.010).

16. Therefore, the proposed amendment to the PUD can be found to be in compliance with the objectives of Title 16 “Zoning”.

FACT: The proposed project, subject to the conditions imposed by this permit, would meet the applicable provisions of Chapter 16.60. Conditions of approval are recommended to address operation and design aspects of the proposed project to meet this finding.

Oct. 17, 2023 Regular Yreka City Council Meeting 95 of 119 Neighboring property owners expressed concerns regarding additional freight traffic generated by the development impacting the flow of freight traffic into the neighboring truck stop. A series of conditions of approval are recommended to address the neighboring property concerns above and beyond the required mitigations in the FEIR traffic analysis.

First, the existing private road is 38-feet in width measured from front of curb to front of curb. The City of Yreka has adopted the City of Redding Street Standards that requires a minimum road width of 48-feet for the type of road that services the existing and proposed development. A condition of approval would require the Applicant to widen the street to meet the adopted City Standards. An additional condition of approval recommended for this project would require the Applicant to paint and sign the frontage of the development for no parking to address adjacent property owners’ concerns over traffic.

The final two recommended conditions of approval to safe traffic flows are the erection of signage to prohibit freight traffic past the development into the narrow cul-de-sac section of the development and to prohibit trucks, travel trailers, and recreation vehicles using the first entry to the fueling station. The cul-de-sac portion of the private road is built and sized to accommodate single occupancy vehicle traffic to and from the existing and proposed hotel developments. The use of this portion of the private road would not be suitable for consistent freight traffic outside of normal delivery vehicles. The addition of “No Trucks Beyond This Point, and “No Outlet” would improve traffic flow on the private drive for all PUD uses. The recommended condition of approval to erect a “Trucks, Travel Trailers, and Recreation Vehicles Fueling at Next Entry” would ensure onsite traffic flow does not result in traffic waiting on the private road for an oversized vehicle to exit the site.

3. That the proposed planned unit development will comply with each of the applicable provisions of this chapter.

Oct. 17, 2023 Regular Yreka City Council Meeting 96 of 119 FACT: The proposed project is subject to the provisions outlined in Chapter 16.60 “Planned Unit Development”. The provisions of Chapter 16.60 include the required application materials, permitted uses, site area, standards, required conditions, and findings to grant a use permit for a PUD. The proposed project has presented the required documentation and followed the procedures outlined in Section 16.60.070 for amendments to the PUD. The uses proposed in the project are allowed in the C and M-1 districts, and the PUD. The PUD as a whole is over 5 acres and a PUD therefore continues to be an appropriate land use measure. The standards for planned unit development have been met through the design of the proposed project. The project as designed and conditioned will not be reasonably objectionable to persons residing or working in the vicinity, or injurious to property within the vicinity, and do not involve any hazard of fire or explosion.

Therefore, the proposed project would meet the applicable provisions of Chapter 16.60.

FACT: The proposed project does not include any long-term residences; therefore, the project would not change the established population density outlined in the PUD or the CH and M-1 zones.

All uses authorized within the Planned Unit Development are subject to the zoning ordinance regulations for the typical zone in which the use is allowed, including but not limited to project specific site plan review and approval, setback requirements, height limits, landscape and parking requirements.

The proposed project following city standards outlined in YMC Section 16.36.040 ensures that the proposed project would maintain or improve the environment and character of the PUD.

Oct. 17, 2023 Regular Yreka City Council Meeting 97 of 119

FACT: The effect that the project would have on utilities and transportation was analyzed under the certified Final Environmental Impact Report (FEIR) and subsequent environmental documents. The conclusion was that the design of the proposed development with a condition to implement all mitigations outlined in the environmental documentation would ensure that the project would not lead to an overload of utilities or congestion.

The project will connect to private water and wastewater lines within the PUD that are owned and maintained by the PUD owners, which then connect to the City water and wastewater lines located in the Highway 3 right of way. The project water demand and wastewater impact were modeled by the CEQA consultant in coordination with City of Yreka Public Works and PACE Engineer (City Engineer Contractor). The modeling utilized the square footage of the proposed uses of the development and a water demand factor from the United States Geological Survey (USGS) and other sources. The Project is estimated to use 271,612 to 278,612 gallons of water. Yreka has a current average usage of 1.1 mgd in the winter and 3.8 mgd in the summer with the capacity to treat up to 8.7 mgd. Therefore, the maximum potential water usage of the proposed project would not exceed the existing capacity of the water system.

Additionally, the City has Development Impact Fees (DIF) for public facilities, streets, water system, wastewater collection system and storm drainage charged to all new residential, commercial, office, and industrial projects. The Project would be required to pay these fees, as applicable. The water system DIF is used for water system improvements required because of new development in the City. As shown, the additional demand of from the Project would not result in a need for new or expanded water treatment facilities.

The City’s Wastewater Treatment Plant is permitted to treat up to 1.2 mgd Average Dry Weather Flow (ADWF) and the City currently produces approximately 0.8 mgd ADWF.

There were 2,789 wastewater system connections in 2017. In December 2017, there were 2,135 single-family residential connections, 192 multi-family connections, 436 commercial connections, 19 institutional connections, and six industrial connections (City of Yreka 2018). The City currently has approximately 0.4 mgd of additional ADWF before exceeding the permitted treatment capacity at the treatment plant. A typical estimate used for wastewater generation is to utilize 90 percent of water usage as wastewater. This accounts for outdoor uses such as lawn watering, where the water does not end up becoming wastewater, as well as consumptive uses. Seasonal variations exist in water usage due to lawn watering. Therefore, the 90 percent factor is applied as an annual average, with the knowledge that a greater proportion of the 10 percent difference between water use and wastewater generation is likely used in the summer versus the winter, due to the increase in outdoor uses. The proposed project, based on 90% the maximum projected water usage, could produce up to 250,751 gpd. The additional wastewater volume would not exceed the available 0.4 mgd available at the treatment plant in the most severe scenarios.

Oct. 17, 2023 Regular Yreka City Council Meeting 98 of 119 The City’s DIF for the wastewater system is used for wastewater system improvements required because of new development in the City, including those that may be required for the Proposed Project. Based on the number of connections currently being served to the treatment plant, the addition of the Project wastewater flows would not result in the exceedance of the treatment plant’s capacity.

5. The design of the proposed development with the inclusion of a condition to implement all mitigations outlined in the environmental documentation and the conditions discussed in Finding 2 (Conditions 43 through 47) would ensure that the project would not lead to an overload of utilities or congestion that would reduce the level of service below a “C”.

Therefore, the proposed project with conditions would meet this finding and not lead to an overload of utilities.

6. That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

FACT: The original Use Permit No. 2883 sited a full-service restaurant in the proposed location for the project. Since the original formation of the PUD, subsequent use permits were approved by the city to add R.V. retail sales, R.V. repair shop, and retail businesses established within a building consistent with C-2 and CH Zones. Complementary uses can be defined as different uses of land or other resources, each of which benefits or supplements the other(s) where they exist together in the same area. The addition of a travel center and hotel within the PUD can be considered complementary under this definition.

The proposed development includes convenience store, fast food restaurant, fueling station, and hotel uses that are allowed as use by right within the Commercial Highway Oct. 17, 2023 Regular Yreka City Council Meeting 99 of 119 zone. The convenience store and fast-food restaurant are combined within the structure in Phase One of the project which fits the amended allowed uses consistent with retail businesses within a building approved in Use Permit No. 4010 in August of 2009. The proposed hotel development would be immediately adjacent to the existing hotel which would be a compatible and identical use allowed within the PUD.

The proposed development falls within the parameters of the General Plan and the zoning for allowed and compatible uses. Therefore, the proposed development will harmonize with and complement the adjacent and proposed uses of the PUD.

7. That the proposed planned development is consistent with the General Plan.

FACT: The proposed development includes uses that are allowed as use by right within the General Commercial Land Use Designation. The 2002 General Plan outlines allowed, conditionally allowed, and accessory uses that are compatible with each other throughout the city. The purpose and allowed uses within General Commercial are larger commercial buildings located on parcels that can accommodate parking. The uses are typically standalone uses and oriented more toward vehicle traffic.

Section 4. The City Council denies the appeal filed by the Law Office of Darrin Mercier on behalf of A1 Investments, Yreka Truck Stop, and Holiday Inn Express based upon the entire record the all finds can be made pursuant to Section 16.58.050 of the Yreka Municipal Code to grant a variance.

FACT: The proposed hotel development would exist within a special PUD that has allowed a similar development to exceed the maximum height of the Commercial Highway (CH) zone. The maximum height of the CH zone is 35 feet. The existing hotel is a 68-room, threestory structure and 45 feet in height. The proposed hotel development requests to build the new hotel development to 43 feet 4 inches to allow a 70-room, three story structure to match the physical scale of the adjacent structure. A strict interpretation of the CH height maximum onto the PUD where a 45 foot building exists is an inconsistent application of the zoning code in the PUD.

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.

Oct. 17, 2023 Regular Yreka City Council Meeting 100 of 119 FACT: As discussed in Finding 1, the proposed hotel height increase 43 feet 4 inches would not constitute a grant of special privilege due to the adjacent hotel development height of 45 feet.

FACT: The strict application of the 35-foot height maximum on the proposed development could be considered an inconsistent application of the zoning regulations in this circumstance due to the existence of a taller structure already within the zone. The purpose of a height maximum is to regulate the scalability of development to ensure a cohesive landscape of buildings that are well matched in size and general shape. The strict application would result in a structure that would not fit the existing physical landscape of the area around the proposed development.

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.

FACT: The FEIR analyzed the proposed development at the requested height for potential impacts to aesthetics. The environmental analysis found that the proposed hotel development would not have an aversive impact on scenic vistas, scenic resources, or that it would degrade the existing visual character of the surrounding area. Based on the environmental findings, the proposed increased height would 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.

Section 5. The City Council affirms the approval of the proposed project subject to the following conditions:

1. The Project approval shall expire, and the City may set hearings and take action to terminate, if not used within twenty-four (24) months from the date of ratification. A twelve (12) month extension of the Project approval may be granted by the Planning Commission of the City of Yreka. Extension of the Project approval shall require an application for extension with all applicable fees paid by the Applicant.

2. The use and development of the property shall be in substantial conformance with the site plan submitted with the application and marked Exhibit “A”, dated October 6, 2023, except as may be revised as a result of this action.

3. Minor changes may be approved by the Planning Director, or their designee, upon receipt of a substantiated written request by the Applicant, or their designee, with all required fees.

Prior to such approval, verification shall be made by each Department that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require an application for amendment for approval by the Planning Commission of the City of Yreka with all applicable fees paid by the Applicant.

Oct. 17, 2023 Regular Yreka City Council Meeting 101 of 119

4. Easements (if necessary) and connections for sewer lines, waterlines, electric-service facilities, and other utilities; drainage facilities; necessary electric- and public-service easements; and street dedications (if any) are to be provided in accordance with the Yreka Municipal Code and as specified by the Engineering Division.

5. New utilities within the project, including, but not limited to, water, wastewater, propane or natural gas, electric, cable television, phone, and telecommunications shall be installed underground and obtain a City Building Permit prior to construction.

6. To the extent permitted by law, the project applicant shall defend indemnify, and hold harmless the City, its City Council, its officers, boards, commissions, employees, and agents from and against any claim (including claims for attorney fees), action or proceedings bought by a third party against the indemnified parties and/or the project applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice

7. All graffiti on the project site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

8. The applicant shall not permit any loitering, vehicle camping, or onsite camping on the project premises. Loitering shall mean those acts identified in Penal Code 647, as well as the act of a person being on the premises without being a registered hotel guest, a guest of a registered hotel guest, or engaging in commercial activities with a business on the premises.

9. The applicant shall be responsible for maintaining free of litter the project site over which they have control, including the sidewalks bordering the site.

10. At all times while using any portion of the project premises for the sale and dispensing of alcohol, the Applicant shall obtain and maintain an Alcohol Beverage Control (“ABC”) license(s) in good standing.

11. No dancing, live entertainment, disc jockeys, or amplified sound shall be permitted.

12. No Adult Business of any type as defined in Section 9.55.020 of the Yreka Municipal Code may be operated or allowed on the premises.

13. Applicant shall prepare a Lot Line Adjustment pursuant to Chapter 15.11 of the Yreka Municipal Code to consolidate the parcels from four to two parcels as specified on the site plan submitted October 13, 2021, for Planning Manager and City Engineer review and approval prior to issuance of an Occupancy Permit for the project. Parcel Line Adjustment documentation shall be prepared by a California licensed Surveyor.

14. The Applicant shall identify a contact person and provide a 24-hour “hot line” telephone number for any inquiries or complaints from the community regarding the subject facility.

Oct. 17, 2023 Regular Yreka City Council Meeting 102 of 119 The phone number shall be posted on the site so that it is readily visible to any interested party. The hot line shall be:
a. Posted at the entry of both structures, the cashier at the travel center, and hotel customer service desk,
b. Responded to within 24-hours of any complaints/inquiries received on this hot line, and
c. The Applicant shall document and maintain a log of complaints received, the date and time received and the disposition of the response. The log shall be made available for review within 24-hour of the request by the City of Yreka Police Department and Planning Director upon request.

15. Applicant shall install and maintain security cameras that covers all common areas of the travel center and hotel, entrances and exits, and parking areas. The surveillance footage shall be maintained for at least a period of sixty (60) days and shall be made available to the City of Yreka Police Department, or other law enforcement, within 24-hours upon request.

16. The conditions of this permit shall be retained in a conspicuous place in an office area on each premises at all times and be immediately produced upon request of any City of Yreka Police Department officer or Department of Alcoholic Beverage Control investigator. The manager and all employees of each business shall be knowledgeable of the conditions herein.

17. The exterior windows and glass doors of the hotel premises and travel center premises and areas shall be maintained substantially free of signs and other materials from the ground to at least 6 feet in height above the ground so as to permit surveillance into the store by Police and private security.

18. Outdoor lighting shall not exceed the maximum allowable light trespass of 0.25 footcandles (2.69 lux) measured in any plane and at any height at the edge of a neighboring property or the paved road closest to the subject property. The design of light features shall comply with Section 16.46.060 of the Yreka Municipal Code.

19. No amplified music is permitted in any portion of the subject premises with the exception of ambient music. Any ambient music, sound, or noise emitted that is under the control of the applicant(s) shall not be audible beyond the subject premises. Any sound or noise emitted that is under the control of the applicant which is discernible outside of the subject premises shall constitute a nuisance pursuant Section 1.10.030 of the Yreka Municipal Code, including any loud, unnecessary or unusual noise that disturbs the peace and quiet of any surrounding use or that causes discomfort.

20. The Applicant(s) shall at all times maintain the abutting sidewalk and any area controlled by the Applicant free of obstruction. Any sidewalk area seating, work, or signage must be approved by a revocable encroachment permit from the Department of Public Works. The Applicant(s) shall additionally ensure that any outdoor seating area that is situated within Oct. 17, 2023 Regular Yreka City Council Meeting 103 of 119 the property footprint is adequately separated from the abutting sidewalk by installing retaining walls, fencing or some other type of dividing barrier.

21. The applicant shall provide the Planning Director a copy of each license, suspension thereof, or citation issued by the State Department of Alcoholic Beverage Control or the City of Yreka Police Department within 24-hours upon such instance.

22. There shall be no service, sales, or possession of an alcoholic beverage on any sidewalk area or adjacent parking lot.

23. Individuals not utilizing the services of the Project shall be prohibited on or around these premises as well as sidewalks adjacent to the subject premises. The applicant shall be responsible for ensuring that persons are dissuaded from loitering on or immediately around the subject premises. Any outdoor areas under the control of the applicant and those areas which are adjacent to the subject site shall be routinely patrolled by employees or security personnel for the purpose of monitoring loitering. Any problems associated with the hotel or travel center operation shall immediately be reported to the manager(s) who shall correct/remedy the problem(s).

24. Signs shall be prominently posted in English and the predominant language of the facility’s clientele, if different and a notice shall be placed therein stating that California State Law prohibits the sale of alcoholic beverages to persons under the age of twenty-one years or to intoxicated persons and that no such sales will be made.

25. The business operator and/or the operator’s agents shall comply with California Labor Code Section 6404.5(c) which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices, within any place of employment.

26. The Applicant shall use the premises consistent with the uses denoted on the site plan marked Exhibit "A", dated October 6, 2023, except as may be revised as a result of this action.

27. Landscaping shall be installed in substantial conformance with the Landscape Plan marked Exhibit "B", dated October 6, 2023, except as may be revised as a result of this action.

28. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customer(s) while in the premises, nor shall the applicant provide, permit, or make available either gratuitously or for compensation, patrons who act as escorts, companions, or guests of and for the customers.

29. Permittee shall submit a drainage plan and schematics for the site to be review and approved by the Director of Public Works and City Engineer prior to issuance of a City Building Permit, and any onsite grading specifically related to the needs of the proposed project. Onsite detention basins and all associated storm drain facilities shall at all times be maintained to operate at full capacity this includes, but is not limited to, debris and litter control measures, vegetation management, sediment removal, embankment and outlet stabilization, and maintain access for city inspection. Low Impact Development (LID) Oct. 17, 2023 Regular Yreka City Council Meeting 104 of 119 techniques and facilities shall at all times be used to the maximum extent possible. All construction must follow general construction stormwater prevention best management practices where more stringent measures are not identified in the Mitigation Monitoring and Reporting Program (MMRP) and Final Environmental Impact Report (FEIR) adopted August 16, 2023 by the City of Yreka. Storm-drain facilities shall at all times be maintained consistent with the requirements of City Construction Standards. Project design shall incorporate Best Management Practices (BMPs) to minimize the Phase II MS4 permit requirements polluting of storm water, both during construction and operation.

30. The permittee shall comply at all times with the Planned Unit Development (“PUD”) regulations set out in PUD Permit No. 2883 and all subsequent amendments to the PUD Permit.

31. No signs shall be erected or posted on the premises without prior sign application and approval from the Planning Department. Emergency and safety signage must be reviewed by the Planning Department prior to posting. Emergency and safety signage shall be defined as signage essential to the safe operation and maintenance of the operation.

32. At any time, before, during, or after operating hours, a City inspector may conduct a site visit to assess compliance with, or violations of, any of the conditions of this permit.

Observations and results of said inspection will be documented and used to rate the operator according to the level of compliance. If a violation exists, the owner/operator will be notified of the deficiency or violation and will be required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Police, Building, or Code Enforcement Departments which are not addressed within the time prescribed therein, may result in revocation of this permit.

33. Within 30 days of the effective date of the Department of Alcoholic Beverage Control license, and within 30 days of the effective date of any modification or alteration of terms of said license, the applicant shall transmit a copy of the valid Department of Alcoholic Beverage Control license to the Planning Department for attachment to the case file.

34. Within 30 days of the effective date of this permit, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Planning Department for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Planning Department for inclusion in the case file.

35. The Applicant shall not avail themselves of the privileges under this permit until Applicant has submitted a signed copy of the Conditions of Approval to the City of Yreka Planning Division.

36. The Project convenience store and bar area shall be limited to the sale and dispensing of a full-line of alcoholic beverages for on-site and off-site consumption in conjunction with Oct. 17, 2023 Regular Yreka City Council Meeting 105 of 119 the travel center as indicated on the application as marked Exhibit “A”, dated October 6, 2023, except as may be revised as a result of this action.

37. The hours of operation for the dispensing of alcohol on-site at the bar area of the travel center shall be limited to 11:00A.M. to 12:00 A.M. Pacific Standard Time (PST), daily

38. Signs shall be prominently posted in English and the predominant language of the facility’s clientele, if different, stating “No Loitering or Public Drinking of Alcoholic Beverages” signs shall be posted throughout the subject property, including along the parking area perimeter, in the same language(s).

39. The travel center shall be permitted to provide ambient background music in the exterior patio areas only between the hours of 11:00 A.M. and 9:00 P.M. Pacific Standard Time (PST), daily

40. The applicant or establishment operator shall not require an admission or cover charge to the bar facilities. Any and all advertisements for admissions or cover charges are likewise prohibited.

41. Alcohol sales at the Project hotel shall be limited to the sale of beer and wine alcoholic beverages for on-site consumption for patrons.

42. The hotel manager(s) shall require proof of identification and age for all registered guests at check-in. Rooms where the registered guest is under twenty-one years of age, or where the age of the guest cannot be determined, shall have their in-room liquor cabinet disabled and locked if any such lockers are provided in the room.

43. Applicant shall widen the private road from the intersection of Highway 3/Montague Road to the southern point of Assessor’s Parcel Number 053-642-380 to 48 feet measured from front of curb to front of curb, if permission granted by the Property Owner’s Association.

Should permission not be granted, then plans may be amended to address different road width.

44. Along the entire street frontages of Assessor’s Parcel Numbers 053-642-370 and 053-642- 380, Applicant shall paint and maintain the curb red and shall install City approved “No Parking” signage.

45. Applicant shall increase the width of the proposed second entry to the freight fueling station to 45 feet in width measured at back edge of sidewalk.

46. Applicant shall install and maintain “No Trucks Beyond This Point” and “No Outlet” signage sized at 24-inches by 30-inches that meets the Manual on Uniform Traffic Control Devices (MUTCD) standards at the south-eastern most point of Assessor’s Parcel Number 053-642-380, precise location to be confirmed with and approved by City Engineer prior to installation. Prohibition on trucks in this location shall not apply to or preclude delivery vehicles to the existing and proposed hotel developments.

Oct. 17, 2023 Regular Yreka City Council Meeting 106 of 119

47. Applicant shall install and maintain “Trucks, Travel Trailers, and Recreation Vehicles Fueling at Next Entry” signage sized at 18-inches by 24-inches that meets the Manual on Uniform Traffic Control Devices (MUTCD) standards at the passenger vehicle fueling station access driveway, precise location to be confirmed with and approved by City Engineer prior to installation. Prohibition on trucks in this location shall not apply to or preclude delivery vehicles to the convenience store, a food hall, retail store, or fueling station. Applicant shall be responsible for compliance with any and all recommendations in the approved Mitigation Monitoring and Reporting Program (MMRP) and Final Environmental Impact Report (FEIR) adopted August 16, 2023 by the City of Yreka.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

Section 7. The Applicant shall defend, indemnify, and hold harmless the City of Yreka, its boards and commissions, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney’s fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to or claim regarding the legality, validity, processing or adequacy of any of the following: (i) the approval of applications associated with the Project; (ii) the environmental impact report prepared in connection with the approval of the Project, or any subsequent approvals or permits issued in relation to the Project; (iii) the proceedings undertaken in connection with the adoption or approval of any of the above; (iv) any subsequent approvals or permits relating to the above; (v) the processing of occupancy permits and (vi) any amendments to the approvals for the Project. The City of Yreka shall promptly notify the Applicant subdivider of any claim, action or proceeding which may be filed and shall cooperate fully in the defense, as provided for in Government code section 66474.9.

Section 8. It is further resolved, if any section, subsection, part, clause, sentence, or phrase of this Resolution 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 Resolution, 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, 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 9. This resolution shall take effect immediately upon its passage.

The foregoing Resolution was adopted by the City Council on the 17th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Corey Middleton, Mayor
Oct. 17, 2023 Regular Yreka City Council Meeting 107 of 119 ATTEST:
__________________________________
Shella Rhetta Hogan, Acting City Clerk
____________
Oct. 17, 2023 Regular Yreka City Council Meeting 108 of 119

CITY OF YREKA

PLANNED UNIT DEVELOPMEENT AMENDMENT, CONDITIONAL USE
PERMIT, AND VARIANCE PERMIT NO. 2021-45 YREKA TRAVEL

CENTER AND HOTEL DEVELOPMENT

DRAFT FINDINGS AND CONDITIONS OF APPROVAL
APPLICANT: 4 NORTH YREKA, LLC
ASSESSOR’S PARCEL NUMBER: 053-642-350, 053-642-360, 053-642-370, & 053-640-380
In accordance with the application and site plan marked Exhibit “A”, dated October 6, 2023, by 4 North Yreka, LLC, herein referred to as the “Applicant”, the City of Yreka hereby approves the proposed planned unit development amendment, conditional use permit and variance for the development and operation of a travel center and hotel development, herein referred to as the “Project”. The Project includes two phases: Phase I - a 12,300 square-foot building consisting of a convenience store, a food hall, and retail shop open 7 days a week, 24 hours a day; a fuel center, with eight dispensers for automobiles and RVs, a separate fuel center with four diesel dispensers for semi-trucks, and parking lot and electric vehicle charging stations; Phase II - a 70-room, threestory hotel, and parking. The project approval includes the following conditions:

The Project is subject to full compliance with the following conditions:

3. Minor changes may be approved by the Planning Director, or their designee, upon receipt of a substantiated written request by the Applicant, or their designee, with all required fees.

Oct. 17, 2023 Regular Yreka City Council Meeting 109 of 119

7. All graffiti on the project site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

9. The applicant shall be responsible for maintaining free of litter the project site over which they have control, including the sidewalks bordering the site.

11. No dancing, live entertainment, disc jockeys, or amplified sound shall be permitted.

12. No Adult Business of any type as defined in Section 9.55.020 of the Yreka Municipal Code may be operated or allowed on the premises.

14. The Applicant shall identify a contact person and provide a 24-hour “hot line” telephone number for any inquiries or complaints from the community regarding the subject facility.

The phone number shall be posted on the site so that it is readily visible to any interested party. The hot line shall be:
a. Posted at the entry of both structures, the cashier at the travel center, and hotel customer service desk,
b. Responded to within 24-hours of any complaints/inquiries received on this hot line, and
Oct. 17, 2023 Regular Yreka City Council Meeting 110 of 119 c. The Applicant shall document and maintain a log of complaints received, the date and time received and the disposition of the response. The log shall be made available for review within 24-hour of the request by the City of Yreka Police Department and Planning Director upon request.

20. The Applicant(s) shall at all times maintain the abutting sidewalk and any area controlled by the Applicant free of obstruction. Any sidewalk area seating, work, or signage must be approved by a revocable encroachment permit from the Department of Public Works. The Applicant(s) shall additionally ensure that any outdoor seating area that is situated within the property footprint is adequately separated from the abutting sidewalk by installing retaining walls, fencing or some other type of dividing barrier.

22. There shall be no service, sales, or possession of an alcoholic beverage on any sidewalk area or adjacent parking lot.

Oct. 17, 2023 Regular Yreka City Council Meeting 111 of 119

26. The Applicant shall use the premises consistent with the uses denoted on the site plan marked Exhibit "A", dated October 6, 2023, except as may be revised as a result of this action.

27. Landscaping shall be installed in substantial conformance with the Landscape Plan marked Exhibit "B", dated October 6, 2023, except as may be revised as a result of this action.

29. Permittee shall submit a drainage plan and schematics for the site to be review and approved by the Director of Public Works and City Engineer prior to issuance of a City Building Permit, and any onsite grading specifically related to the needs of the proposed project. Onsite detention basins and all associated storm drain facilities shall at all times be maintained to operate at full capacity this includes, but is not limited to, debris and litter control measures, vegetation management, sediment removal, embankment and outlet stabilization, and maintain access for city inspection. Low Impact Development (LID) techniques and facilities shall at all times be used to the maximum extent possible. All construction must follow general construction stormwater prevention best management practices where more stringent measures are not identified in the Mitigation Monitoring and Reporting Program (MMRP) and Final Environmental Impact Report (FEIR) adopted August 16, 2023 by the City of Yreka. Storm-drain facilities shall at all times be maintained consistent with the requirements of City Construction Standards. Project design shall incorporate Best Management Practices (BMPs) to minimize the Phase II MS4 permit requirements polluting of storm water, both during construction and operation.

Oct. 17, 2023 Regular Yreka City Council Meeting 112 of 119

30. The permittee shall comply at all times with the Planned Unit Development (“PUD”) regulations set out in PUD Permit No. 2883 and all subsequent amendments to the PUD Permit.

32. At any time, before, during, or after operating hours, a City inspector may conduct a site visit to assess compliance with, or violations of, any of the conditions of this permit.

35. The Applicant shall not avail themselves of the privileges under this permit until Applicant has submitted a signed copy of the Conditions of Approval to the City of Yreka Planning Division.

36. The Project convenience store and bar area shall be limited to the sale and dispensing of a full-line of alcoholic beverages for on-site and off-site consumption in conjunction with the travel center as indicated on the application as marked Exhibit “A”, dated October 6, 2023, except as may be revised as a result of this action.

37. The hours of operation for the dispensing of alcohol on-site at the bar area of the travel center shall be limited to 11:00A.M. to 12:00 A.M. Pacific Standard Time (PST), daily

Oct. 17, 2023 Regular Yreka City Council Meeting 113 of 119

39. The travel center shall be permitted to provide ambient background music in the exterior patio areas only between the hours of 11:00 A.M. and 9:00 P.M. Pacific Standard Time (PST), daily.

40. The applicant or establishment operator shall not require an admission or cover charge to the bar facilities. Any and all advertisements for admissions or cover charges are likewise prohibited.

41. Alcohol sales at the Project hotel shall be limited to the sale of beer and wine alcoholic beverages for on-site consumption for patrons.

Should permission not be granted, then plans may be amended to address different road width.

45. Applicant shall increase the width of the proposed second entry to the freight fueling station to 45 feet in width measured at back edge of sidewalk.

Oct. 17, 2023 Regular Yreka City Council Meeting 114 of 119 APPLICANT AND PROPERTY OWNER – 4 NORTH YREKA, LLC
______________________________
Signature
_____________________________ _______________________
Print Name Date
Attachment:

A. Application Materials
B. Landscaping Plan
Oct. 17, 2023 Regular Yreka City Council Meeting 115 of 119 Oct. 17, 2023 Regular Yreka City Council Meeting 116 of 119 Oct. 17, 2023 Regular Yreka City Council Meeting 117 of 119 To:

From:

Prepared by:

Agenda title:

Meeting date:

Discussion:

CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
YrekaCity Council
Jason Ledbetter, City Manager
Jason Ledbetter, City Manager
City of Yreka Proclamation United Against Hate
October 17, 2023
The City Council for the City of Yreka adopted the Proclamation United Against Hate on October 18th of 2022 at the request of members of the public. The United Against Hate organization was created by civic leaders to empower residents to take action in their local communities and build inclusive and equitable communities for all. United Against Hate Week (Nov. 12-18, 2023) is a call for seven days of local civic action by people in every community to stop the hate and implicit biases that are a dangerous threat to the safety and civility of our neighborhoods, towns, and cities.

Fiscal Impact:

None
Recommendation and Requested Action:

A Motion to adopt the City of Yreka Proclamation United Against Hate as presented and proclaiming November 12-18, 2023, as United Against Hate Week.

Oct. 17, 2023 Regular Yreka City Council Meeting 118 of 119

PROCLA MATION
City of Yreka
Proclamation
United Against Hate
WHEREAS, the City of Yreka was founded on the homeland of Indigenous Tribes, and settled by immigrants from around the world, we seek to protect, honor and uplift the diverse cultural traditions of every citizen, from the original inhabitants of the land, to our newest arrivals, offering good will and equal protection under the law, and WHEREAS, this nation enshrines the principles of equality through its many anti-discrimination Acts, including the 1964 Civil Rights Act, it is incumbent upon us to ensure that all people of our community, regardless, of race, nation of origin, religion, gender identity, sexual orientation, age or disability, enjoy the freedom to work, receive an education, worship, and celebrate without fear, and
WHEREAS, racism and bigotry yield unequal outcomes for housing, education, employment, criminal justice and healthcare, the City’s governing body of elected officials must model inclusive behavior at every opportunity, and
WHEREAS, hate crimes are on the rise around this nation, silence and apathy are inappropriate responses wherever racially motivated, hate based taunting, bullying, verbal abuse, or intimidation are observed. It is a fact that an attack against one individual, or a group of individuals, is a crime against the well-being of this entire community.

WHEREAS, by supporting education to bring understanding and compassion to a population which is ever growing in diversity, we seek to build bridges rather than acquiesce to the politics of fear and divisiveness.

THEREFORE, be it resolved that the Mayor and Members of the City Council of the City of Yreka join the Nation in Proclaiming November 12- 18, 2023, as
“United Against Hate” Week.

The City of Yreka stands steadfast in our commitment to foster an inclusive civil environment where everyone in our community is treated with dignity and respect.

Signed:______________________ Corey Middleton, Mayor City of Yreka Oct. 17, 2023 Regular Yreka City Council Meeting 119 of 119

Yreka City CouncilOctober 17, 2023

Yreka City Council
October 17, 2023