Cities Index.
Agenda

Yreka City Council
March 3, 2026

Document
Agenda
Meeting
March 3, 2026
Body
Yreka City Council
Pages
144
Original file
7.0 MB
Text extracted from the city's file for reading and search. Open the original on ci.yreka.ca.us. That file is the official record.

Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney

YREKA CITY COUNCIL MEETING AGENDA
March 3, 2026
Closed Session: 6:00 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.yrekaca.gov/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, and 24 hours before each special 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.yrekaca.gov/AgendaCenter.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below.

Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.

1. 6:00PM CALL TO ORDER CLOSED SESSION:

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

Public participation is limited to those items listed for closed session.

If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.

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

This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak 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.

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

3. CLOSED SESSION:

The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a.Conference with Legal Counsel – Existing Litigation (Government Code Section §54956.9) Name of Case: Welch v. City of Yreka – Siskiyou County Case Number SCSCCVPT2021-944

4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE, AND REPORT OUT FROM CLOSED SESSION:

5. ROLL CALL:

6. APPROVAL OF THE AGENDA:

7. PRESENTATIONS: (NONE)

8. 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.

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• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please address the Council as a whole.
• Please state your name for the record prior to providing your comments. • 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.

9. 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 January 25, 2026, through February 21, 2026. b. Approval of the Minutes of the Regular Meeting held February 3, 2026. c. Motion to Direct the City Manager to Authorize a $750 donation to the Kiwanis Easter Egg Hunt. d. Motion to Direct the City Manager to Approve Requested Fee Waivers, Overnight Camping, and Hanging of an Event Banner along Downtown Miner Street for the Siskiyou Scenic Bicycle Tour Event. e. Approval of Resolution 2026-09 of the City Council of the City of Yreka Rescinding Resolution 2023- 51 (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; Project: Yreka Travel Center “YTC”) in its Entirety.

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

10. 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.

Planning Manager
a. Agenda Title: Conditional Use Permit No. 2025-89 - Larkins Recommended City Council Action:
(1) Open public hearing
(2) Close public hearing
(3) Motion to approve Resolution 2026-10 of the City Council of the City of Yreka Approving Conditional Use Permit Number 2025-89 pertaining to a conversion of an existing office building to a Yreka City Council Agenda
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single-family residence, and adoption of a Class 1 (Existing Facilities) Categorical Exemption under the California Environmental Quality Act (CEQA) at Assessor’s Parcel Number 053-212-040.

11. CITY BUSINESS:

Yreka Police Department – Lieutenant Dircksen and Interim City Manager a.Agenda Title: Adopt a Resolution of the City Council of the City of Yreka Amending the City’s Personnel Rules for Sworn Peace Officer Signing Bonus.

Recommended City Council Action: Motion to Adopt Resolution 2026-11 of the City Council of the City of Yreka Amending the City’s Personnel Rules for the Sworn Peace Officer Signing Bonus.

Department Heads of the City of Yreka
b.Agenda Title: 2026 State of the City
Recommended City Council Action: No Action. Presentation only. f. CITY MANAGER/STAFF REPORTS:

City Manager and Staff may make brief announcements or reports at this time. g. 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 the Council on any matter at a subsequent meeting.
h. 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."
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The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA)

COUNTY OF SISKIYOU) SS

CITY OF YREKA)
I, Cyndy Prohaska, 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 6:00 PM on March 3, 2026 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.yrekaca.gov and posted at Yreka City Hall, 701 Fourth St., Yreka, California.
/s/: Cyndy Prohaska
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Colleen Baker, Mayor
James Clair, Mayor Pro Tempore
Corey Middleton, Councilmember
Drake Davis, Councilmember
Paul McCoy, Councilmember
John Elsnab, Interim City Manager
Juliana Lucchesi, Asst. City Manager
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
Melissa Sandberg, Human Res. Director
Cyndy Prohaska, City Clerk
Mark Gilman, Police Chief
Jerry Lemos, Fire Chief
Andrew Jared, City Attorney

YREKA CITY COUNCIL MEETING MINUTES
February 3, 2026
Closed Session: 6:00 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.yrekaca.gov/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, and 24 hours before each special 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.yrekaca.gov/AgendaCenter.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to Government Code section 54953(f), remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below.

Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. to the City Clerk prior to the meeting or to attend the meeting in person." Written comments will be distributed to the Councilmembers but will not be read aloud at the meeting.

1. 6:00 PM CALL TO ORDER CLOSED SESSION:

Meeting called to order at 6:00 pm.

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

No public received on closed session item

3. CLOSED SESSION:

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

This meeting is being livestreamed and can be viewed on Siskiyou Media Council’s YouTube Channel https://www.youtube.com/channel/UCzx2GSYFCrgE5przvnzitXQ Yreka City Council Agenda
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a.Conference with Real Property Negotiator (Government Code Section §54956.8) -Property APNs:
041-020-130
041-030-200
004-340-020
004-340-010
414E2400
414E2401
-Agency Negotiator: Assistant City Manager, Juliana Lucchesi -Negotiating Parties: PacifiCorp

4. 6:30PM CALL TO ORDER REGULAR SESSION, PLEDGE OF ALLEGIANCE, AND REPORT OUT FROM CLOSED SESSION:

Regular session called to order at 6:30 pm.

Closed session adjourned at 6:12pm. There was no reportable action in closed session

5. ROLL CALL:

Councilmembers Davis, McCoy, Middleton, Clair and Baker are Present

6. APPROVAL OF THE AGENDA:

Motion to Approve the Agenda as Presented
MOTIONED: Councilmember McCoy
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously

7. PRESENTATIONS:
 Red Scarf Society – Joan Favero

8. PUBLIC COMMENTS:

Public comment received by: Dawnmarie Autry and Jan Sinnott

9. 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 January 11, 2026, through January 23, 2026. b. Approval of the Minutes of the Regular Meeting held January 20, 2026.

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c. Approval of Resolution 2026-07 of the City Council of the City of Yreka Approving the Transmission of the 2025 General Plan and Housing Element Annual Progress Report.

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

Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented MOTIONED: Councilmember Middleton
SECOND: Councilmember Clair
AYES: Councilmembers Davis, McCoy, Middleton, Clair & Baker NO’s: -0-
The motion passes unanimously

10. 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.

Assistant City Manager
a. Agenda Title: Community Development Block Grant (CDBG) Application Recommended City Council Action: (1) Open public hearing (2) close public hearing (3) Motion to approve Resolution 2026-08 of the City Council of the City of Yreka Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2025 Funding Year of the State CDBG Program.

No public comment received
Motion to Approve Resolution 2026-08 of the City Council of the City of Yreka Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments thereto from the 2025 Funding Year of the State CDBG Program.

MOTIONED: Councilmember McCoy
SECOND: Councilmember Davis
AYES: Councilmembers Davis, Middleton, Clair & Baker
NO’s: Councilmember McCoy
The motion passes
Motion to Approve Resolution 2026-08 of the City Council of the City of Yreka Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments thereto from the 2025 Funding Year of the State CDBG Program to Include a Project to Include our Animal Shelter.

MOTIONED: Councilmember Baker

MOTION WITHDRAWN BY COUNCILMEMBER BAKER
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11. CITY BUSINESS:

Planning Manager
a.Agenda Title: 2026 Planning Commission Workplan
Recommended City Council Action: No Action. Informational purposes only.

No public comment received.

This item was informational purposes only. No action taken f. CITY MANAGER/STAFF REPORTS:

City Manager John Elsnab gave an update
Police Chief Mark Gilman gave an update
City Clerk Cyndy Prohaska gave an update
g. MAYOR/COUNCILMEMBERS REPORTS, STATEMENTS AND REQUESTS:

Councilmember Baker gave an update on C2C
Councilmember Davis gave an update on Fire Safe Council Councilmember McCoy gave an update

Councilmember Middleton gave an update on COC
Councilmember Clair gave an update
h. ADJOURNMENT:

Meeting adjourned at 8:08 PM
____________________________
Mayor of the City of Yreka
Minutes approved by City Council
Motion on March 3, 2026
___________________________
Cyndy Prohaska, City Clerk

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Planning Department
Prepared By: Alia Roca Lezra, Planning Manager
Agenda title: Request for Donation for the Kiwanis Easter Egg Hunt Meeting date: March 3rd, 2026
Discussion: Steven Mains, on behalf of Kiwanis Club of the Siskiyous, has requested a $750 donation from the City of Yreka for the annual Kiwanis Easter Egg Hunt. The proposed date for the event is Saturday, April 4th, 2026, and the proposed location is Miner Street Park.

Summary: The Kiwanis Easter Egg Hunt is a free family event. The Kiwanis Club hides 10,000 eggs across City/Miner Street Park for a kids’ scavenger hunt. This family event has been a Yreka tradition since the 1960s and hosts over 250 kids from the community.

Fiscal Impact: The Kiwanis Club requests a city donation of $750 to cover the cost of the chocolate easter eggs used for the event.

Recommended Action: No recommendation.

Possible Action: Motion to Direct the City Manager to Authorize a $750 donation to the Kiwanis Easter Egg Hunt.

Attachments:

1. Exhibit A – Letter from Applicant
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January 19, 2026
Honorable Mayor and City Council,
On behalf of the Kiwanis Club of the Siskiyous, and our activities partner, the Elks Lodge 1980, we want to thank you and the amazing City Staff for all the assistance and guidance we receive for our public programs.

The day of this year’s Halloween Childrens’Costume Parade started out sunny only to have heavy rain start. With the very able assistance of several City Departments and the Kiwanis Yreka High School Key Club, we were able to move the entire program indoors at the Elk Lodge for a very successful program.

Our next major Project is the Miner Park Easter Egg Hunt on the morning of Saturday April 4th.

We have started our fundraising for this year well in advance of the event date. We have received modest donations so far and we would once again like to request funding from the City in the amount of $750 for the prize baskets and Easter eggs.

Many thanks,
Steven Mains
Kiwanis of the Siskiyou.

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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Planning Department
Prepared by: Alia Roca Lezra, Planning Manager
Agenda title: Possible Action Regarding Request to Waive Fees and Approve Overnight Camping and Other Requests for the Siskiyou Scenic Bicycle Tour Event to be held May 15 – 17 2026 at Upper Greenhorn Reservoir.

Meeting date: March 3, 2026
Discussion: The Yreka Rotary Club has submitted an application for the Siskiyou Scenic Bicycle Tour happening May 15, 16, and 17, 2026 at Upper Greenhorn Reservoir. The Rotary Club has requested fee waivers for the park reservation fees and sign permit fees, approval for overnight camping in the park, and permission to hang a banner on Miner Street to advertise the event.

Summary: This will be the 4th annual Siskiyou Scenic Bike Tour, the first one was held in 2021. Riders begin at Upper Greenhorn and follow routes through Yreka and Siskiyou County. The overnight bike event will host around 350 riders from across the western U.S. and will provide catered food to participants. City Council approval is required for waiving fees, allowing overnight camping in City parks, and hanging banners for private events on the Miner Street light poles.

Fiscal Impact:
• Park Reservation Fees: $300
• Greenhorn Kiosk Fees: $375
• Sign Permit Fees: $142.99
Total to be waived: $817.99
Recommended Action: None.

Possible Action:

1. Motion to Direct the City Manager to approve requested fee waivers, overnight camping, and hanging of an event banner along Downtown Miner Street for the Siskiyou Scenic Bicycle Tour Event.

Attachments:

1. Exhibit A – Letter from Applicant
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Rescinding of City Council
Resolution 2023-51
To: City Council
From: Juliana Lucchesi, Assistant City Manager
Attachments: 1. City Council Resolution 2026-09 A Resolution of the City of Yreka City Council Rescinding Resolution 2023-51 in Its Entirety

2. City Council Resolution 2023-51 A Resolution 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 Recommended Actions:

Motion to approve City Council Resolution 2026-09 A Resolution of the City of Yreka City Council Rescinding Resolution 2023-51 in Its Entirety Summary:

October 2023, the City Council approved Resolution 2023-51 denying an appeal by Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC to overturn the approval by the Planning Commission of an application by 4 North Yreka, LLC to develop the Yreka Travel Center and Hotel Development project by amendments to Planned Unit Development No. 5-98 and Use Permit No. 2883.

After the appeal decision, Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC filed a writ of mandate to overturn the Council decision.

On August 1, 2025, Judge Bicego of the Superior Court of California - Siskiyou granted a Writ of Mandate setting aside Resolution 2023-51, finding the project failed to fulfill requirements of Yreka Municipal Code Chapter 16.60. The time for appeal of this decision has lapsed and applicant has not appealed. The court order requires the Council to rescind Resolution 2023-51 in its entirety.

Background:

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 Yreka City Council Agenda
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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 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 Darrin Mercier on behalf of the Yreka Truck Stop, Holiday Inn Express, and A-1 Investments, LLC (“Appellant”).

The City Council approved Resolution 2023-51 affirming the Planning Commission approval and denying the appeal.

The Appellant then filed a Writ of Mandate to set aside the City Council approval of Resolution 2023-51 with the Superior Court of California – Siskiyou. The Writ of Mandate was granted August 1, 2025, and a peremptory writ of administrative mandamus was issued to compel the City of Yreka to set aside the approval of Resolution 2023-51. Applicant as real party in interest did not file an appeal of the Writ of Mandate.

Project Description:

The application proposed a 12,300 square-foot building consisting of a convenience store, a food hall, and retail shop open; a fuel center serving automobiles, semi-trucks, RV’s and Travel Trailers; a parking lot with electric vehicle charging stations; and a 70-room, three-story hotel. The height variance south to allow a 43-foot 4-inch building to exceed the maximum height limit of 35 feet for the Commercial Highway zone.

Nothing in the Writ of Mandamus or the action before Council prohibits Applicant from resubmitting a new application for development of the property.

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 4.97-acre Project Site is vacant of structures.

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CITY OF YREKA CITY COUNCIL RESOLUTION 2026-09

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF YREKA RESCINDING RESOLUTION 2023-51

IN ITS ENTIRETY
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, 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, on September 19, 2023, the Planning Commission held a duly noticed public hearing to accept public comments and approved Planning Commission Resolution 2023-06 which approved the proposed PUD amendments, use permit, and Variance 2021-45, at the Planning Commission regular meeting; and
WHEREAS, on September 28, 2023, the City of Yreka received an appeal from Darrin Mercier on behalf of the Yreka Truck Stop, Holiday Inn Express and A-1 Investments, LLC, (“Appellant”) regarding the Planning Commission’s approval of Planning Commission Resolution 2023-06; and WHEREAS, on October 17, 2023, the City Council held a duly noticed public hearing to accept public comments and approved City Council Resolution 2023-51 which upheld the Planning Commission’s decision and rejected the appeal, at the City Council regular meeting; and WHEREAS, the Appellant filed a Verified Petition for Writ of Mandate on January 11, 2025, with the Superior Court of California - Siskiyou asking the court to set aside the City of Yreka’s approval of City Council Resolution 2023-51; and
WHEREAS, on August 1, 2025, Judge Bicego of the Superior Court of California – Siskiyou issued a ruling granting the Petition for Writ of Mandate to set aside Resolution 2023-51 based on the Applicant’s project as designed failing to fulfill the requirements of Yreka Municipal Code Chapter 16.60;
WHEREAS, on August 1, 2025, Judge Bicego of the Superior Court of California – Siskiyou issued an additional peremptory writ of administrative mandamus which mandates the City Council of the City of Yreka set aside or reverse its approval of City Council Resolution 2023-51; and
WHEREAS, the appeal period to challenge the decision issued by the Superior Court of California – Siskiyou has expired;
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Yreka does hereby determine the following:

Section 1. The City Council vacates and rescinds City Council Resolution 2023-51 in its entirety.

Section 2. The City Clerk shall certify the adoption of this Resolution.

Section 3. This resolution shall take effect immediately upon its passage.

The foregoing Resolution was adopted by the City Council on the 3rd day of March 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Colleen Baker, Mayor
ATTEST:
__________________________________
Cyndy Prohaska, City Clerk
APPROVED TO FORM:
__________________________________
Andrew Jared, City Attorney
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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;
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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).

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”.

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.

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.

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.

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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 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 not 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.

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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.

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.

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.

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, 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.

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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.

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.

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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 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.

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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.

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.

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.

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.

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.

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.

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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.

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.

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.

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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.

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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 Yreka City Council Agenda
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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) Yreka City Council Agenda
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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 Yreka City Council Agenda
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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.

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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:

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.

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.

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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.

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
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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 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.

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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) 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.

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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 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).

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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.

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.

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APPLICANT AND PROPERTY OWNER – 4 NORTH YREKA, LLC
______________________________
Signature
_____________________________ _______________________
Print Name Date
Attachment:

A. Application Materials
B. Landscaping Plan
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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

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.

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 Yreka City Council Agenda
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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.

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• 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
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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 Yreka City Council Agenda
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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”.

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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 Yreka City Council Agenda
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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 not 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, Yreka City Council Agenda
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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.

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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:

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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
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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 Yreka City Council Agenda
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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 Yreka City Council Agenda
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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 Yreka City Council Agenda
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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 Yreka City Council Agenda
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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
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Public Hearing: 2025-89 Larkins
Conditional Use Permit
To: Yreka City Councilmembers
From: Alia Roca Lezra, Planning Manager
Attachments:

1. CCR 2026 -10 A Resolution of the City Council of the City of Yreka Recommending Approval for Conditional Use Permit Application No. 2025-89 pertaining to the conversion of an office building to a singlefamily residence and Adoption of a Section 15301/Class 1 (Existing Facilities) Categorical Exemption from the California Environmental Quality Act (CEQA) at Assessor’s Parcel Number: 053-212-040.

2. Subject Property Vicinity Map

3. Subject Property Floor Plan

4. 2025-89 Project Application

5. CEQA Notice of Exemption Form

6. 2025-89 Conditions of Approval
Recommended Action:

1. Open Public Hearing

2. Close Public Hearing

3. Motion to approve Resolution 2026-10 A Resolution of the City Council of the City of Yreka approving Conditional Use Permit Application No. 2025-89 pertaining to a conversion of an existing office building to a single-family residence, and adoption of a Class 1 (Existing Facilities) Categorical Exemption under the California Environmental Quality Act (CEQA) at Assessor’s Parcel Number 053-212-040.

Summary: The City Council will consider the following Conditional Use Permit Application No. 2025-89 application filed by Allan Larkins (Applicant) for Assessors Parcel Number (APN) 053-212-040 within the City of Yreka. The proposed Conditional Use Permit Application would approve the conversion of the existing office building into a single-family residence. The site is currently zoned CPOCommercial, Professional Office with a General Plan designation of General Commercial, which permits the single-family residence subject to approval of a CUP.

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Project Description and Background:

The applicant proposes a Conditional Use Permit to convert the existing office building into a single-family residence on the subject property located at 335 N.

Main Street (APN: 053-212-040). The building was previously converted to a singlefamily residence in 2011 and was then converted back to office use. The applicant is seeking approval of the Conditional Use Permit application to convert the office building back to a single-family residence with minor improvements including reinstalling the bathtub and stove in their original location, adding a fuel tank for the stove and upgrading the electrical system to current code standards.

No alterations to the exterior or to the existing structure are proposed. Pursuant to section 16.30.070 of the YMC, residential uses consistent with the R-2 Zone District are permitted upon approval and validation of a Conditional Use Permit.

The subject property is currently zoned CPO – Commercial, Professional Office with a General Plan land use designation of General Commercial. The property is currently occupied by a one-story office building and an attached garage.

Project Location: APN(s): 053-212-040
The project site is located at 335 N. Main Street between W. Howard Street and Yama Street. Attachment 2 shows the vicinity and location of the subject property.

Surrounding Conditions and Uses:

The General Plan Land Use Designation of the surrounding properties are as follows:
• North – General Commercial
• South – General Commercial and High Density Residential • West – High Density Residential
• East – General Commercial and Low Density Residential The Zoning Code Designation of the surrounding properties are as follows:
• North – Commercial, Professional Office (CPO)
• South – Commercial, Professional Office (CPO), Commercial Highway (CH) and Single-Family Residential (R-1)
• West – Single-Family Residential (R-1)
• East – Commercial, Professional Office (CPO) and Single-Family Residential (R-1)
The uses of the surrounding properties are as follows:
• North – Commercial/Office and Residential Uses
• South – Commercial/Office and Residential Uses
• West –Residential Uses
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• East – Commercial/Office and Residential Uses
General Plan & City Code Consistency:

The 2002 Yreka General Plan land use designation for the subject property is General Commercial. The General Commercial land use designation is intended to support a wide variety of professional office and related uses, that could be applied to separating residential uses from more intense commercial or industrial uses. The existing office building and garage are consistent with the 2002 General Plan land use designation.

The subject property is zoned CPO – Commercial, Professional Office. The CPO zoning designation is intended to provide areas for professional offices, residential and compatible uses subject to approval of a conditional use permit and is consistent with the General Commercial Land Use designation.

The Proposed Project is in compliance with the goals and policies laid out with the Yreka General Plan. For example, the proposed project is in compliance with “Goal LU.1 – To maintain flexibility in land use designation and zone districts” by submitting a Conditional Use Permit application for the proposed conversion to ensure it complies with YMC requirements.

The Proposed Project complies with the applicable development standards within the Yreka Municipal Code. Thus, the approval of this Conditional Use Permit will be consistent with the Yreka Municipal Code.

Required Proposed/Existing Notes
Setbacks, minimum

1. Front:
(a) Dwelling: 20 feet
(b)Attached garage
or carport: 20 feet
Dwelling: ~25 feet
Attached garage: ~85
feet
Complies. The existing
building meets the front
minimum setback
requirements for the
dwelling and attached
garage.

2. Rear:
(a)Dwelling: 20 feet
(b)Attached garage
or carport: 20 feet
Dwelling: ~40 feet
Attached garage: ~21
feet
Complies. The existing
building meets the rear
minimum setback
requirements for the
dwelling and attached
garage.

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3. Side: 10 feet on one
side and 5 feet on the
other
Side: ~ 25 feet on one
side and ~11 feet on the
other
Complies. The existing
building meets the
minimum setback
requirements for the
side setbacks.

Building

1. Maximum Height:
(a)Dwelling: 35 feet Dwelling: Under 35 feet
Complies. The existing
building meets the
height requirements.

Lot Dimensions, minimum

1. Width
(a)70 feet
~85 feet Complies. The lot meets
the minimum
requirements for width.

2. Depth: 75 feet ~123 feet Complies. The lot meets
the minimum
requirements for depth.

Parking

1. Two (2) garage or
carport spaces per
residential unit.

2. The driveway
approach shall be
paved with concrete
for parcels improved
with sidewalk,
otherwise it may be
paved with asphalt or
double chip and seal.

The access drive shall
be paved with
concrete, asphalt,
double chip and seal,
or other all weather
surface for a distance
of not less than 20 feet
from the public street
with a minimum width
of 10 feet
There is an existing
attached, 1-car garage
located at the rear of
the site.

The driveway approach
is paved with concrete.

The access drive is
paved with concrete for
a distance of 81 feet
from the public street
with a width of 16 feet.

Complies. Pursuant to
Chapter 16.54.040.B, in
the event the change in
use creates a need for
an increase of two (2)
or less off-street parking
spaces, no additional
parking facilities shall be
required.

Environmental Review:

The proposed conditional use was reviewed for environmental compliance under the California Environmental Quality Act (CEQA). The proposed use qualifies as a Yreka City Council Agenda
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project and is eligible for a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15332 of the CEQA Guidelines.

Class 1 consists of projects characterized as existing facilities that meet a certain criteria, including projects that consist of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features not involving the expansion of existing or former use.

The Proposed Project can be classified as an existing facility because it involves the reuse of an existing office building with only minor interior modifications to plumbing and electrical systems to accommodate conversion to a single-family residential use. No expansion of the building footprint is proposed, and no exterior alterations will occur.

Findings:

The request to approve the conversion of the existing office building to singlefamily residential requires a Conditional Use Permit. Pursuant to Section 16.44.010 of the YMC, the Conditional Use Permit process is established to approve or deny land uses that are not clearly permitted or prohibited because of their unique nature. This is to ensure that the use is appropriate as proposed and designed for the zoning district. Any Conditional Use Permit granted shall be subject to conditions that will ensure that the Conditional Use will be compatible with the surrounding area and with adjacent uses. The process for approval for a Conditional Use Permit enables the decision maker, or City Council, to ensure that the approval will be in accordance with the findings required in Chapter 16.44 of the YMC.

Pursuant to Chapter 16.44 of the Yreka Municipal Code, the City Council must make the following findings to grant a conditional use permit:

1. The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the transportation and service facilities, the neighborhood, and the community. The following shall be considered to make this finding:
a. The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the areas;
The intensity of activity associated with a single-family residence is lower than the existing office use and is consistent with surrounding development patterns. The approval of the proposed use would not Yreka City Council Agenda
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foreclose opportunities for other needed neighborhood-serving uses within the district, as the project does not introduce a larger or more intensive use than currently exists.
b. The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function;
The project proposes a conversion to a single-family residence, which is not a neighborhood-serving use, however the single-family residential use is compatible with the surrounding area and supports General Plan Policy LU.-1, maintaining flexibility in land use designation and zone districts. The existing building follows the development standards in 16.030.040 of the YMC and will not require an expansion of the building.
c. The building in which the use is located is designed in discrete elements which respect the scale of development in the district.

The existing building is consistent with the development standards in Section 16.030.040 of the YMC. No exterior modifications are proposed; the project will remain consistent with the development standards in Section 16.030.040 of the YMC.

The proposed conversion of the existing office building to a singlefamily residence, at the size, intensity, and location proposed, will result in development that is compatible with the existing transportation and service facilities, the neighborhood, and the community. The Proposed Project involves the reuse of an existing structure with no expansion of the building footprint, no exterior alterations, and only minor interior improvements. The conversion to single-family residential use is a reduction in intensity compared to the existing office use and is adequately served by existing public services and infrastructure.

2. Such use of feature as proposed will not adversely impact the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
a. The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures, so that the subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed;
The subject site is suitable for the proposed single-family residential use in terms of its size, shape, and the existing arrangement of Yreka City Council Agenda
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structures. The existing building and garage are appropriately scaled and configured to accommodate a single-family residence with only minimal interior modifications to bathroom and kitchen fixtures and appliances, as shown in Attachment 2- Floor Plan. The conversion to a single-family residence does not increase the density or intensity of development on the site, as the proposed use previously existed on the property.
b. The accessibility and traffic patterns for persons, non-motorized vehicular traffic, and vehicles, the type and volume of such traffic, the adequacy of proposed off-street parking and loading, and of proposed alternatives to off-street parking;
The project proposes a conversion to a single-family residence which will generate fewer vehicle trips than the existing office use and will not adversely affect traffic circulation or access for vehicles, pedestrians, or non-motorized users. Existing access to the subject site is adequate to serve the single-family residence. Pursuant to Section

16.030.040(D), the single-family residence will follow the parking standards in the R-2 zone, which is 2 parking spaces per family unit. c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;
The project proposes a conversion to a single-family residence and will not generate noxious or offensive emissions such as noise, glare, dust, and odor beyond those typically associated with single-family residential uses.
d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting, and signs; and
The project proposes a conversion to a single-family residence with minor improvements to the interior. There are no exterior changes proposed, hence the existing landscaping, screening, open space, parking areas, and lighting will remain unchanged. Therefore, the project will maintain consistency with the existing character of the site and surrounding areas.
e. Will not be injurious to property or improvement in the neighborhood.

The project proposes a conversion to a single-family residence and will not be injurious to nearby properties or improvements. The project does not introduce new structures, intensify land use, or create conditions that would negatively affect adjacent properties.

The proposed conversion of the existing office building to a singlefamily residence will not adversely impact the health, safety, Yreka City Council Agenda
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convenience or general welfare of persons residing or working in the vicinity, nor will it be injurious to property, improvements, or potential development in the surrounding area. The project involves the reuse of an existing structure with no expansion of the building footprint, no exterior modifications, and only minor interior improvements. The proposed residential use represents a reduction in intensity compared to the existing office use and is compatible with the surrounding land uses.

3. Such use or feature as proposed will comply with the applicable provisions of this code and will not adversely affect the implementation of the general plan; and;
Pursuant to Section 16.030.070 of the YMC, residential uses consistent with the R-2 zone district are conditionally allowed in the CPO zone district subject to a conditional use permit. The proposed single-family residential use is consistent with the intent and applicable development standards of the R-2 Zone District and therefore complies with the applicable provisions of the Yreka Municipal Code. The project is consistent with General Plan Goal LU-1, which promotes flexibility in land use designations and zoning districts, and will not adversely affect the implementation of the Yreka General Plan.

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

Pursuant to Section 16.030.070 of the YMC, residential uses consistent with the R-2 zone district are allowed in the CPO zone district subject to approval of a Conditional Use Permit. The project is consistent with the intent and applicable development regulations and performance standards of the CPO Zone District and the R-2 Zone District. The proposed use is not contrary to the stated purpose of the applicable zoning district, and no specific plan or planned unit development applies to the subject property. Accordingly, the project provides development that is in conformity with the stated purpose of the applicable zoning district and development regulations.

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

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There are adequate public facilities and services, including public access, water, sanitation, and public utilities are available to serve the site. Siskiyou Plumbing and Heating will obtain the necessary permits concurrent with the proposed development. The project involves the conversion of an existing building into a single-family residence with no expansion of the structure and no increase in demand beyond existing service capacities.

6. Such use or feature as proposed will not reduce or prevent the expansion of the city's residential unit inventory.

The proposed conversion of the existing office building to a single-family residence will not reduce or prevent the expansion of the City’s residential unit inventory. The project reintroduces a single-family dwelling unit to the housing stock and does not remove any existing residential units from the community. No expansion of the structure is proposed, and the use supports the City’s residential housing goals.

Review by Public & Outside Agencies:

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. The notice was mailed February 4th, 2026, to property owners and posted in the February 11th Siskiyou Daily Newspaper. The public hearing notice was also posted in front of City Hall beginning February 3rd, 2026.

No public comment has been received as of the posting of this agenda packet.

Staff Recommendation:

Staff recommend that the City Council hold the noticed public hearing for consideration of CUP 2025-89. Following the public hearing, Staff recommends adoption of the attached CCR 2026-10 which determines that the proposed use is categorically exempt from further CEQA review and makes the necessary findings to approve CUP 2025-89.

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CITY COUNCIL RESOLUTION CCR 2026-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA
RECOMMENDING APPROVAL FOR CONDITIONAL USE PERMIT NO. 2025-89 PERTAINING TO THE CONVERSION OF AN OFFICE BUILDING TO A SINGLEFAMILY RESIDENCE AND ADOPTION OF A CLASS 1 (EXISTING FACILITIES)

CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AT ASSESSOR’S PARCEL NUMBER: 053-212-040.

WHEREAS, Allan Larkins, Applicant, has filed an application for Conditional Use Permit No. 2025-89 which is required for approving the conversion of the office building to a single-family residence at 335 N. Main Street, Yreka, CA 96097 (APN 053-212-040) within the CPO (Commercial, Professional Office) zone district. The application was submitted on December 17, 2025; and
WHEREAS, pursuant to Section 16.30.070 of the Yreka Municipal Code, a single-family residence use within the CPO zone district is an allowable use subject to approval of a Conditional Use Permit; and
WHEREAS, Chapter 16.44 of the Yreka Municipal Code requires a Conditional Use Permit application to be heard in a duly noticed public hearing and for Planning Commission to make necessary findings; and
WHEREAS, the Planning Commission of the City of Yreka does not have a necessary quorum, and all public hearings will instead be conducted by the City Council per Section 2.20.020 “Membership Appointment-Terms-Vacancy” of the Yreka Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing to accept public comments and to consider the Project on March 3, 2026 at the City Council regular meeting; 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
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 March 3, 2026, Regular City Council meeting are true and correct.

Section 2. The City Council determines that the Project is Categorically Exempt per Class 1, Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

Section 3. The City Council finds that based upon the entire record, pursuant to Section 16.44.040 of the Yreka Municipal Code, all of the following findings can be made.

1. The proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, Attachment 1
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the transportation and service facilities, the neighborhood, and the community. The following shall be considered to make this finding:
a. The intensity of activity in the district is not such that allowing the larger use will be likely to foreclose the location of other needed neighborhood-servicing uses in the areas;
FACT: The intensity of activity associated with a single-family residence is lower than the existing office use and is consistent with surrounding development patterns. The approval of the proposed use would not foreclose opportunities for other needed neighborhood-serving uses within the district, as the project does not introduce a larger or more intensive use than currently exists. b. The proposed use will serve the neighborhood, in whole or in significant part, and the nature of the use requires a larger size in order to function; FACT: The project proposes a conversion to a single-family residence, which is not a neighborhood-serving use, however the single-family residential use is compatible with the surrounding area and supports General Plan Policy LU.-1, maintaining flexibility in land use designation and zone districts. The existing building follows the development standards in 16.030.040 of the YMC and will not require an expansion of the building.
c. The building in which the use is located is designed in discrete elements which respect the scale of development in the district.

FACT: The existing building is consistent with the development standards in Section 16.030.040 of the YMC. No exterior modifications are proposed; the project will remain consistent with the development standards in Section

16.030.040 of the YMC.

2. Such use of feature as proposed will not adversely impact the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
a. The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures, so that the subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed;
FACT: The subject site is suitable for the proposed single-family residential use in terms of its size, shape, and the existing arrangement of structures. The existing building and garage are appropriately scaled and configured to accommodate a single-family residence with only minimal interior modifications to bathroom and kitchen fixtures and appliances, as shown in Attachment 2- Floor Plan. The conversion to a single-family residence does not increase the density or intensity of development on the site, as the proposed use previously existed on the property.

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b. The accessibility and traffic patterns for persons, non-motorized vehicular traffic, and vehicles, the type and volume of such traffic, the adequacy of proposed offstreet parking and loading, and of proposed alternatives to off-street parking; FACT: The project proposes a conversion to a single-family residence which will generate fewer vehicle trips than the existing office use and will not adversely affect traffic circulation or access for vehicles, pedestrians, or non-motorized users. Existing access to the subject site is adequate to serve the single-family residence. Pursuant to Section 16.030.040(D), the single-family residence will follow the parking standards in the R-2 zone, which is 2 parking spaces per family unit.
c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;
FACT: The project proposes a conversion to a single-family residence and will not generate noxious or offensive emissions such as noise, glare, dust, and odor beyond those typically associated with single-family residential uses. d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting, and signs; and FACT: The project proposes a conversion to a single-family residence with minor improvements to the interior. There are no exterior changes proposed, hence the existing landscaping, screening, open space, parking areas, and lighting will remain unchanged. Therefore, the project will maintain consistency with the existing character of the site and surrounding areas.
e. Will not be injurious to property or improvement in the neighborhood.

FACT: The project proposes a conversion to a single-family residence and will not be injurious to nearby properties or improvements. The project does not introduce new structures, intensify land use, or create conditions that would negatively affect adjacent properties.

3. Such use or feature as proposed will comply with the applicable provisions of this code and will not adversely affect the implementation of the general plan; and; FACT: Pursuant to Section 16.030.070 of the YMC, residential uses consistent with the R-2 zone district are conditionally allowed in the CPO zone district subject to a conditional use permit. The proposed single-family residential use is consistent with the intent and applicable development standards of the R-2 Zone District and therefore complies with the applicable provisions of the Yreka Municipal Code. The project is consistent with General Plan Goal LU-1, which promotes flexibility in land Yreka City Council Agenda
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use designations and zoning districts, and will not adversely affect the implementation of the Yreka General Plan..

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

FACT: Pursuant to Section 16.030.070 of the YMC, residential uses consistent with the R-2 zone district are allowed in the CPO zone district subject to approval of a Conditional Use Permit. The project is consistent with the intent and applicable development regulations and performance standards of the CPO Zone District and the R-2 Zone District. The proposed use is not contrary to the stated purpose of the applicable zoning district, and no specific plan or planned unit development applies to the subject property. Accordingly, the project provides development that is in conformity with the stated purpose of the applicable zoning district and development regulations.

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

FACT: There are adequate public facilities and services, including public access, water, sanitation, and public utilities are available to serve the site. Siskiyou Plumbing and Heating will obtain the necessary permits concurrent with the proposed development.

The project involves the conversion of an existing building to a single-family residence with no expansion of the structure and no increase in demand beyond existing service capacities.

6. Such use or feature as proposed will not reduce or prevent the expansion of the city's residential unit inventory.

FACT: The proposed conversion of the existing office building to a single-family residence will not reduce or prevent the expansion of the City’s residential unit inventory.

The project reintroduces a single-family dwelling to the housing stock and does not remove any existing residential units from the community. No expansion of the structure is proposed, and the use supports the City’s residential housing goals.

Section 5. The City Council approves 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 twelve (12) months from the date of ratification. A twelve (12) month extension of the Project approval may be granted by the Planning Director of the City of Yreka. Extension of the Project approval shall require an application for extension with all applicable fees paid by the Applicant.

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2. A Conditional Use Permit granted in accordance with the terms of this title may be revoked if any condition or term of such permit is violated or if any law or ordinance is violated in connection therewith, or if the Planning Agency finds that the continuance of the conditional use permit will endanger the public health, safety or welfare.

3. A request for minor changes in conditions of approval of a conditional use permit may be approved by the Planning Director. The definition of a “minor” change includes the following, a change in the timing of implementation of a condition, location of proposed structures on the site if the change in location does not impact traffic patterns or access, and changes to façade, signage, or lighting.

4. A request for major changes in conditions of approval of a conditional use permit shall be treated as a new application. The definition of a “major” change includes the following, any change that adversely impacts the overall traffic flow on or around the property, any change that would exceed the capacity of public facilities and services or a change that would conflict with the findings prescribed in Section 16.44.040.

5. The use shall be conducted in accordance with the floor plan on file and no alterations shall be made of the building location(s) and parking without prior approval of the Planning Agency; provided, however, upon request of the Applicant and showing of good cause, the Planning Director is authorized to permit minor modifications of the site plan without resubmission to the Planning Agency. Note that minor changes to the site plan may be required as part of the building permit process.

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. The Applicant shall be responsible for obtaining all necessary permits and inspections for plumbing, fuel tank, and electrical work, and shall ensure that all work is completed in accordance with applicable City codes and regulations, including compliance with the California Building Code.

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

The foregoing Resolution was adopted by the City Council on March 3rd, 2026 by the following vote:

AYES:

NOES:

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ABSENT:

ABSTAIN:
__________________________________
Colleen Baker, Mayor
ATTEST:
__________________________________
Cyndy Prohaska, City Clerk
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Project Vicinity Map
Project Site
Attachment 2
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Attachment 4
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Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): _C_it_y_o_f_Y_re_k_a ______ _
701 4th Street
Yreka CA 96097
County Clerk
County of: _S_is_k_iy_ou _____ _ (Address)
311 Fourth SI. Room 201
Yreka, CA 96097
Project Title: Larkins Conditional Use Permit
Project Applicant: _A_ll_a_n_L_a_r_ki_n_s _________________________ _ Project Location - Specific:
335 N. Main St., Yreka CA 96097, APN 053-212-040
Project Location - City: Yreka Project Location - County: _S_is_k_iy_o_u _____ _ Description of Nature, Purpose and Beneficiaries of Project:

The proposed Conditional Use Permit Application would approve the conversion of the existing office building to a single-family residence for Allan and Veronica Larkins. The site is currently zoned CPO- Commercial, Professional Office with a General Plan designation of General Commercial, which permits the single-family residence subject to approval of a CUP.

Name of Public Agency Approving Project: _C_it_y_o_f_Y_r_e_ka _________________ _ Name of Person or Agency Carrying Out Project: _A_l_la_n_L_a_rk_in_s _______________ _ Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
0 Categorical Exemption. State type and section number: Class 1 Section 15332 □ Statutory Exemptions. State code number: ___________________ _ Reasons why project is exempt:

The Proposed Project can be classified as an existing facility because it involves the reuse of an existing office building with only minor interior modifications to plumbing and electrical systems to accommodate conversion to a single-family residential use. No expansion of the building footprint is proposed, and no exterior alterations will occur.

Lead Agency . Contact Person: Alia Roca Lezra Area Code/Telephone/Extension: 5308412212 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________ Date: _____ _ Title:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for filing at OPR: _____ _
Revised 2011
Print Form
Attachment 5
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CITY OF YREKA

LARKINS CONDITIONAL USE PERMIT

DRAFT/FINAL CONDITIONS OF APPROVAL
APPLICANT: ALLAN LARKINS
SITES ADDRESS: 335 N. MAIN STREET, YREKA, CA 96097
ASSESSOR’S PARCEL NUMBER: 053-212-040
In accordance with the application marked Exhibit “A”, submitted December 18, 2025, and the floor plan submitted December 18, 2025, by Allan Larkins, herein referred to as the “Applicant”, the City of Yreka hereby approves the conditional use permit, herein referred to as the “Project”.

The Project includes the conversion of an existing office building to a single-family residence with minor improvements to the interior at the above address. The project approval includes the following conditions:

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

1. The Project approval shall expire, and the City may set hearings and take action to terminate, if not used within twelve (12) months from the date of ratification. A twelve (12) month extension of the Project approval may be granted by the Planning Agency 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. Pursuant to Section 16.44.070 of the YMC, a conditional use permit is lapse and automatically revoked and terminated if not used within one year from the date of approval, or in the event the use permitted is abandoned or not utilized for a period of one year. Upon submission of a written request prior to termination of the use permit, the Planning Director shall have the discretion to extend the conditional use permit for a period of one year or less.

3. A Conditional Use Permit granted in accordance with the terms of this title may be revoked if any condition or term of such permit is violated or if any law or ordinance is violated in connection therewith, or if the Planning Agency finds that the continuance of the conditional use permit will endanger the public health, safety or welfare.

4. A request for minor changes in conditions of approval of a conditional use permit may be approved by the Planning Director. The definition of a “minor” change includes the following, a change in the timing of implementation of a condition, location of proposed structures on the site if the change in location does not impact traffic patterns or access, and changes to façade, signage, or lighting.

5. A request for major changes in conditions of approval of a conditional use permit shall be treated as a new application. The definition of a “major” change includes the following, ny change that adversely impacts the overall traffic flow on or around the property, any change that would exceed the capacity of public facilities and services or a change that would conflict with the findings prescribed in Section 16.44.040.

Attachment 6
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6. The use shall be conducted in accordance with the floor plan on file and no alterations shall be made of the building location(s) and parking without prior approval of the Planning Agency; provided, however, upon request of the Applicant and showing of good cause, the Planning Director is authorized to permit minor modifications of the site plan without resubmission to the Planning Agency. Note that minor changes to the site plan may be required as part of the building permit process.

7. 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.

8. The Applicant shall be responsible for obtaining all necessary permits and inspections for plumbing, heating, and electrical work, and shall ensure that all work is completed in accordance with applicable City codes and regulations, including compliance with the National Electrical Code.

APPLICANT AND PROPERTY OWNER – ALLAN AND VERONICA LARKINS ______________________________
Signature
_____________________________ _______________________
Print Name Date
______________________________
Signature
_____________________________ _______________________
Print Name Date
Attachment:

A. Application Materials
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CITY OF YREKA

CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Pat Dircksen, Lieutenant & John Elsnab, Interim City Manager Agenda title: Discussion/Possible Action – Adopt a Resolution of the City Council of the City of Yreka Amending the City’s Personnel Rules for Sworn Peace Officer Signing Bonus
Meeting date: March 3, 2026
Discussion
The Yreka Police Department’s Sworn Officer Signing Bonus, as outlined in the City’s Personnel Rules, has been utilized as both a recruitment and retention incentive for approximately the past ten years. The signing bonus has proven to be an effective tool in attracting lateral officers and police academy graduates to the Yreka Police Department. While the program has been beneficial, staff believes that an increase in hiring incentives is necessary to remain competitive in the current labor market and to successfully attract and retain qualified sworn personnel.

The Police Department has experienced vacancies in three full-time positions since August 2025 and is currently at 50% staffing for patrol. Low staffing availability can cause significant overtime for officers, thus causing officer burnout. Additionally, the Department has received a limited number of applications for lateral officer positions, making it challenging to fill these staffing vacancies. Given the high volume of calls for service and the operational demands placed on existing staff, it is imperative that the City enhance its recruitment incentives to maintain adequate staffing levels.

Currently, the signing bonus for police academy graduates is $5,000. This bonus typically offsets the cost of academy tuition as well as the cadet’s initial uniform expenses. Lateral officers receive the same $5,000 signing bonus, plus an additional $1,000 for each full year of prior law enforcement experience, up to a maximum total of $15,000.

Staff recommend increasing the academy graduate signing bonus to $7,500 to better assist with rising tuition and uniform costs. In addition, staff recommend increasing the lateral officer signing bonus to $10,000, resulting in a potential total signing bonus of up to $25,000, distributed over a three-year period, to enhance the City’s ability to attract experienced lateral officers. Additionally, staff recommends the creation of a $2,500 referral bonus for current employees who directly refer a lateral officer candidate. To qualify for the referral bonus, the referred lateral officer must successfully complete the Field Training Officer (FTO) program and satisfactorily complete the Department’s probationary period.

Fiscal Impact:

The increase is expected to cost approximately $2,500 for each academy graduate and up to $10,000 for lateral officers depending on prior experience.

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Recommendation:

Adopt a Resolution of the City Council of the City of Yreka Amending the City’s Personnel Rules for the Sworn Peace Officer Signing Bonus.

Attachments
• Revisions to Personnel Policies - 402.7 Sworn Peace Officer Signing Bonus Approved by: __________________________________
John Elsnab, Interim City Manager
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RESOLUTION NO. 2026-11

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YREKA

AMENDING THE PERSONNEL POLICIES AND PROCEDURE MANUAL

FOR SWORN PEACE OFFICER SIGNING BONUS
WHEREAS, Municipal Code Section 2.10.060 allows for the adoption and amendment of personnel rules and regulations by resolution of the City Council; and WHEREAS, the City’s has determined there is a need to amend the Personnel Policy and Procedure Manual for the Sworn Peace Officer Singing Bonus to increase the academy graduate bonus to $7,500 and the lateral officer bonus up to $25,000 depending on years of service as a peace officer ; and
WHEREAS, the City’s has determined there is a need to amend the Personnel Policy and Procedure Manual for the Sworn Peace Officer Singing Bonus to create a $2,500 referral bonus for an employee who refers a lateral police officer to the Yreka Police Department; and
WHEREAS, the City has met and conferred with all represented employee bargaining groups recognized by the City in regard to the proposed policies, procedures and rules; and
WHEREAS this Council finds that the Personnel Policies and Procedure Manual for the amended Sworn Peace Officer Signing Bonus is fair and proper and in the best interests of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YREKA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

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

Section 2. The revised Personnel Policies and Procedure Manual for the Sworn Peace Officer Signing Bonus is hereby approved, and the City Manager or designee is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by the City Manager.

Section 3. The City Manager, the Finance Director, and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 4. 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 Yreka City Council Agenda
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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 or phrase or the application thereof is held to be invalid or unconstitutional.

Section 5. This resolution shall take effect immediately upon its passage.

Passed and adopted this 3rd day of March 2026, by the following vote:

AYES:

NAYS:

ABSENT:
__________________
Colleen Baker
Mayor
Attest:
_____________________
Cyndy Prohaska, City Clerk
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Yreka City Council Agenda
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