83 ORDINANCE 2025-773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA AMENDING SECTION 17.02.030 OF THE MUNICIPAL CODE (ZONING MAP) TO
ADOPT THE MILL DISTRICT Q-QUALIFYING ZONE TO IMPLEMENT THE MILL
DISTRICT SPECIFIC PLAN
WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law (Division 1 Title 7 of the California Government Code) in October 2010, the Fortuna City Council certified the Program Environmental Impact Report (PEIR) for the Fortuna General Plan 2030 (State Clearinghouse # 2007062106) and adopted Fortuna General Plan 2030 as the long-term vision for the City’s physical evolution. General Plan 2030 includes the following elements: Land Use, Economic Development, Housing, Transportation and Circulation, Natural and Cultural Resources, Parks, Recreation and Open Space, Public Facilities, Health and Safety, Community Design, and Administration and Implementation. Each element of the General Plan provides Goals, Policies, and Programs to carry out the objective of the Element, as required by State Law; and
WHEREAS, Fortuna General Plan, 2030, Program LU-18 calls for preparation and adoption of a Mill District Area Plan to implement the Mill District Focus Area goals and policy (Goal LU-14, Focus Area: Mill District) and Program LU‐16 calls for the preparation and adoption of design and development standards and criteria for the Mill District, and Land Use Element Policy LU-1.3, encourages the use of specific plans for large parcels within the City that would benefit from infrastructure enhancements and carefully planned growth; and WHEREAS, in 2019, the City of Fortuna received grant funding to carry out Mill District land use planning, including infrastructure planning and zoning related to commercial, industrial, and residential development opportunities within the Mill District and adjoining land; and WHEREAS, as a result of this planning, the City of Fortuna chose to prepare a Mill District Specific Plan as the best tool for implementing the Fortuna General Plan, 2030, rather than an Area Plan because specific plans contain concrete standards and development criteria to address the necessary infrastructure and facilities, as well as land uses and open space within the Mill District Focus Area; and
WHEREAS, circumstances and conditions within the City of Fortuna have changed since the adoption of Fortuna General Plan, 2030, and the City seeks to make amendments to the General Plan Land Use Element to modify Mill District Focus Area Policies and Programs and other Land Use Element Policies to facilitate the City’s objectives for this area; and
83 WHEREAS, on September 24, 2024 and January 28, 2025, the Fortuna Planning Commission reviewed and considered the Supplemental Environmental Impact Report (SEIR) for the Mill District Specific Plan, which was prepared as a supplement to the PEIR for the Fortuna General Plan 2030 to analyze the potential environmental effects of this project and made available for public review on August 30, 2024 with a public period that extends to October 15, 2024, and WHEREAS, on September 24, 2024 and January 28, 2025, the Fortuna Planning Commission reviewed and considered the proposed amendments to the Land Use Element, the Draft Mill District Specific Plan, and the draft Q-Qualified Zone that implements the Mill District Specific Plan, and
WHEREAS, on September 24, 2024 and January 28, 2025, the Fortuna Planning Commission adopted Resolution Nos.P-2024-3118 and P-2025-3121 respectively recommending City Council approval of all Mill District Specific Plan related documents; and WHEREAS, a Final SEIR was prepared for the adoption of the amendments to the Land Use Element, adoption of the Mill District Specific Plan and Implementing Q-Qualified Zone and Design Guidelines, and which was certified by the City Council on February 18, 2025 to have been prepared in compliance with the requirements of the California Environmental Quality Act pursuant to Resolution 2025-03, and which was reviewed and considered by the City Council.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:
SECTION 1. ZONE AMENDMENT
That Fortuna Municipal Code Title 17, Section 17.02.030, Zoning Map of the City of Fortuna is amended by reclassifying the zoning of property described in Exhibit "A," which is attached and incorporated herein, to implement the Mill District Specific Plan, hereafter “MDSP”. a. The approximately 5.9-acre “Pond Street Area” is hereby reclassified from "C-T'' (Commercial Thoroughfare) to Light Industrial (M-1) / Commercial Thoroughfare (C-T) / Qualified (Q) Zone;
b. Approximately 0.72 acres of the “Central Area” is hereby reclassified from "C-T'' (Commercial Thoroughfare) to Light Industrial (M-1) / Commercial Thoroughfare (C-T) / Qualified (Q) Zone
c. Approximately 49.73 acres of the “Central Area,” 8.42 acre “Strongs Creek Area,” and 7.79 acre “Mill Creek Area” are hereby reclassified from "M-2" (Heavy Industrial) to Light Industrial (M-1) / Commercial Thoroughfare (C-T) / Qualified (Q) Zone; and
d. The approximately 12.1-acre Creek Riparian and Trails Area is hereby reclassified from "M-2" (Heavy Industrial) to Light Industrial (M-1) / Commercial Thoroughfare (C-T) / Qualified (Q) Zone;
83 SECTION 2. ZONE QUALIFICATION
The special restrictions and regulations outlined in Section 4 herein apply to the property reclassified from Heavy Industrial (M-2). and Commercial Thoroughfare (C-T) to Light Industrial (M-1) / Commercial Thoroughfare (C-T) / Qualified (Q) Zone (described in Exhibit A), under Fortuna Zoning Regulations Section 17.04.090, which allows the modification of principal zones by adding or deleting principal permitted or conditional uses to implement the Fortuna General Plan and the MDSP.
SECTION 3. PURPOSE OF QUALIFICATION
The special restrictions and regulations imposed on the properties described in Exhibit A are to specify the principally and conditionally permitted uses, standards relating to height, setbacks, residential density and ground coverage or FAR, off-site parking, design review performance standards, landscaping standards, and buffer standards consistent with the MDSP.
SECTION 4. SPECIAL RESTRICTIONS
Principal permitted uses and conditionally permitted uses otherwise allowed under the Light Industrial (M-2) and Commercial Thoroughfare (C-T) Zones of Fortuna Zoning Regulations Sections 17.03.022 and 17.03.030 shall not be allowed on the property described in Exhibit A except as provided for below:
(a) Land Use Permit Requirements
Use Types
Permit Type
Pond Street,
Central,
Strongs Creek, and
Mill Creek Area
Creek Riparian and
Trails Area
Retail Sales
General retailsales and services P NA
Building Materials Stores and Yards UP NA
Shopping center UP NA
Automobile, Truck, RV, and Agricultural Vehicle and
Equipment Sales P NA
Retail Services
Restaurant P NA
Restaurant, Drive Thru UP NA
Micro-brewery, winery, distillery P NA
Food truck P NA
General automotive services P NA
Food production (coffee roasting, bakery, butcher) P NA Veterinary facilities P NA
Automobile, Truck, RV, and Agricultural Vehicles and
Equipment Service UP NA
83 Use Types
Permit Type
Pond Street,
Central,
Strongs Creek, and
Mill Creek Area
Creek Riparian and
Trails Area
Professional Services
Office P NA
Financialservices P NA
Medical, dental and related services P NA
Industrial
Artisan’s workshop or handicraft manufacture P NA
Contractors’ shops and yards P NA
Manufacturing,smallscale UP NA
Manufacturing, minor Light UP NA
Manufacturing, Heavy UP NA
Petroleum Product Storage and Distribution UP NA
Research/Light Industrial UP NA
Wholesaling and distribution UP NA
Storage, Yards UP NA
Storage, Internal Warehouse UP NA
Storage, personalstorage facility UP NA
83 Use Types
Permit Type
Pond Street,
Central,
Strongs Creek, and
Mill Creek Area
Creek Riparian and
Trails Area
Lodging
Hotels and inns UP NA
Motel UP NA
Recreational Vehicle Park NA NA
Residential
Multiple dwelling units (up to five) P NA
Mixed-use with residential on upper floors or located
behind commercial buildings P NA
Work/live format (i.e.,residence above or behind a
studio orshop space) P NA
Guest House (not associated with primary use) NA NA
Child care facilities Note 1 NA
Community care facilities Note 1 NA
Family Day Care Note 1 or UP if not
State regulated NA
Senior Housing Complex UP NA
Manufactured home parks NA NA
Emergency Shelters NA NA
Caretakers Residence P NA
Home Occupations P NA
Bed and Breakfast as accessory use P NA
Open Space Use Types
Wetland Restoration UP UP
Fish and wildlife management UP UP
Watershed Management UP UP
Nature study P P
Trails UP UP
Park Use Types
Public Recreation UP UP
Farmers/Seasonal Market UP NA
Multi-Use Plaza Areas UP NA
Amphitheaters UP NA
Neighborhood or Regional Park UP UP
Civic Use Types
Offices, Government P NA
83 Use Types
Permit Type
Pond Street,
Central,
Strongs Creek, and
Mill Creek Area
Creek Riparian and
Trails Area
Civic buildings P NA
Community Assembly UP NA
Public art galleries P NA
Incidental public service purposes P UP
Essential Services UP NA
Transit Centers UP NA
Community Scale Renewable Energy Generation and
Distribution Facilities UP NA
Notes: P = Permitted, UP = Use Permit, NA = Not Allowed.
All Permitted uses also require staff-level Zoning Clearance Review to ensure consistency with the MDSP and require additional entitlements approved by the appropriate review authority, such as Design Review.
1. Consistent with State Requirements
(b) Development Standards
Standard
Pond Street, Central,
Strongs Creek, and Mill
Creek Area
Creek Riparian and Trails
Area
Minimum Lot Size 5,000 None
Minimum Lot Width 60 None
Maximum Lot Coverage None except 60% for
industrial uses
None
Floor Area Ratio Nonresidential floor area
ratio shall not exceed 0.8,
except that the floor area
ratio for mixed use shall
not exceed 2.0
Not applicable
Maximum Building Height for industrial
uses <200 feet of the boundary of any R
district
Within 200 feet of the
boundary of any R district,
no building or structure
shall exceed the maximum
height permitted in such
adjoining R district
Not applicable
Maximum Building Height > 200 feet from
the boundary of any R district
48 Not applicable
Setbacks
Front None None
83 Standard
Pond Street, Central,
Strongs Creek, and Mill
Creek Area
Creek Riparian and Trails
Area
Side None, except when
abutting an R district, then
not less than 15 ft.
None
Rear 10 feet except when
abutting an R district, then
at least 20 feet. Exceptions
may be granted through a
use permit.
None
(c) Other Standards
Other Standard
Pond Street, Central,
Strongs Creek and Mill
Creek Area
Creek Riparian and Trails
Area
Building, buffer, and landscape design
guidelines of the Mill District Specific Plan
See: Mill District Specific
Plan
See: Mill District Specific
Plan
Driveways Each lot shall be allowed a
maximum of two driveways
unless more are permitted
under design review
Not applicable
Signs See: Mill District Specific
Plan
See: Mill District Specific
Plan
Indoor/outdoor activities See: Mill District Specific
Plan
Only outdoor activities
related to allowed uses
Off-street Parking 17.05.140 Off-street
parking and loading
standards are applicable,
and Section 17.05.140(N),
Modification of
Requirements, shall be
broadly interpreted to
achieve the objectives and
policies of the MDSP until
MDSP-specific off-street
parking standards are
adopted.
Not applicable
SECTION 5. PROPERTY DESCRIPTION:
Exhibit A of this ordinance identifies the areas to be rezoned.
SECTION 6. EFFECTIVE DATE:
This ordinance shall take effect and be in full force thirty (30) days from adoption. A summary shall be published at least five (5) days before the date of adoption and again fifteen days after the passage of this ordinance. It shall be published at least once with the names of the City
83 Council Members voting for and against the ordinance in a newspaper of general circulation published in the County of Humboldt, State of California.
INTRODUCTION AND FIRST READING CONDUCTED at a regular meeting of the Fortuna City Council on this 18th day of February, 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_____
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 3rd day of March, 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
83 Q-Zone Exhibit "A" MDSP Areas Subject to MDSP Q-Qualified Zone
Business Item 5b
STAFF REPORT
City Council Business Item
DATE: February 18, 2025
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Approve Interim Parks and Recreation Director
STAFF RECOMMENDATION:
The Fortuna City Council approve Kaylyn Stainbrook as the Interim Parks and Recreation Director retroactive to February 10, 2025, and until such time the current Parks and Recreation Director returns from leave.
EXECUTIVE SUMMARY:
Beginning January 31, 2025 the current Parks and Recreation Director was placed on a medical leave for an extended period of time. On February 3, 2025 the Recreation Supervisor provided a resignation letter. The Recreation Supervisor in the City’s organizational chart would have been next in line to the Parks and Recreation Director and would have served in an interim capacity in the Director’s absence. This current situation leaves the Parks and Recreation Department without ongoing leadership as the Department continues to be responsible for grant development, attendance at the Technical Advisory Committee and safety meetings, administration of playgroup and roller skating, community service work coordination with the Humboldt County Probation Department, planning and facilitating recreation activities such as adult and youth sports, school break youth camps, Summer Fun camp, facility and field reservations, repair and maintenance of parks and city facilities, as well as the management of the Depot Museum, Monday Club, River Lodge, and the Fortuna Transit system, which includes future planning efforts to streamline service delivery and explore transit funding opportunities. system. In order to maintain the continuity of operations it is recommended the City Council approve Ms. Stainbrook as the Interim Parks and Recreation Director until such time the current Parks and Recreation Director returns from leave.
This provides a clear delineation of authority for ongoing operations in the Parks and Recreation Department. In addition, the City Manager and Human Resources Director have and will continue to provide ongoing support and counsel to the Interim Parks and Recreation Director.
Ms. Stainbrook has been with the Department since August of 2024 and has proven herself to be a valuable, thoughtful, experienced, and productive member of the Parks and Recreation team. In addition, Ms. Stainbrook has extensive administrative experience with Eureka City Schools and served as a Communications Dispatcher for both the City and Sheriff’s Office.
FINANCIAL IMPACT:
The anticipated financial impact for the remainder of the fiscal year is $11,875. It is anticipated the Parks and Recreation Department will have enough in salary and benefit savings to cover this additional cost.
Business Item 5b
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff.
2. Open public comment.
3. Close public comment.
4. Motion to approve Kaylyn Stainbrook as the Interim Parks and Recreation Director retroactive to February 10, 2025, and until such time the current Parks and Recreation Director returns from leave. Roll call vote.
ATTACHMENT:
• Ms. Stainbrook’s Resume
Fortuna, California | |
1 of 3
KAYLYN STAINBROOK
Efficient Organization | Customer Service | Employee Relations | Calendar Management Event and Facility Coordination | Computer Literacy | Proactive Focus Professional Summary
Highly organized Administrative Assistant with 5+ years of experience in executive and managerial support roles. Strong multitasking abilities, excellent communication skills, and persistent commitment to enhancing office efficiency and customer satisfaction
Work Experience
City of Fortuna – Parks and Recreation Department
Administrative Assistant II | August 2024 – Present
§ Effectively exercises independent judgment and initiative while managing park office operations, receiving customers in-person and over the phone, scheduling and dispatching Transit Bus Drivers, as well as serving as a recreation program registrar, facility rental coordinator, cashier, trainer to office staff and volunteers, support to the Recreation Program Supervisor, and assistant to the Parks and Recreation Director § Serves as the primary configurator and administrator of the department’s web-based registration, reservation, and point-of-sale system, CivicRec – aiding and guiding staff members and the Finance Department in troubleshooting and navigating the program § Assists with meeting facilitation and minute-taking, as well as the preparation and assembly of agendas, Staff Reports, cost analyses, visual presentations and press releases § Participates in the recruitment, selection, onboarding, training, and supervision of office/transit staff and volunteers
§ Prepares workflow recommendations, form update recommendations, daily deposits, timecards, requisitions, check requests, Personnel Action Forms, and bank statements reconciliations for Director review and approval
§ Updates the department’s website and social media platforms to attract, engage, and inform the public § Conducts research to make practical and economic purchases for multiple divisions within the department Eureka City Schools – Personnel Services
Confidential Administrative Assistant | February 2023 – August 2024 § Utilized Google Suite and Microsoft Office applications to plan and present employee recognition events and leadership meetings to boost morale and improve communication § Promoted job vacancies on online job boards, such as EdJoin and Craigslist, allowing for efficient talent acquisition, application review, candidate notification, and interview coordination § Maintained calendars for the Executive Director and two conference rooms by utilizing calendar management software to avoid scheduling conflicts
§ Created complex spreadsheets to track required trainings, probation periods, evaluations, and medical and industrial leaves for approximately 300 classified employees § Reviewed and processed employee-related memorandum by following approval procedures and entering data into human resources software to reflect accurate full-time equivalent (FTE), pay rate, and employment status, and other critical criteria
§ Prioritized tasks such as responding to inquiries, completing employment verifications, generating reports, onboarding employees, and processing new-hire paperwork § Read and interpreted Memorandums of Understanding (MOU) and union contracts to remain compliant, build trust with involved parties, and promote employee retention 2 of 3 Kaylyn Stainbrook | Fortuna, California | | City of Fortuna – River Lodge
Conference Center Coordinator | August 2022 – January 2023 § Provided excellent customer service by greeting guests upon arrival, directing guests to conference rooms, and answering telephonic, electronic and in-person inquiries to drive customer satisfaction and operational efficiency
§ Managed multi-space rental facility reservations and regularly communicated with clients to secure rental deposits, process payments, obtain contracts and proof of insurance, and confirm reservation details for seamless event execution
§ Supervised staff members by monitoring productivity, guaranteeing a well-prepared facility, and documenting any performance issues for manager review
§ Planned, coordinated, and promoted public events by managing social media accounts, updating the website, and distributing flyers to attract event vendors and encourage community attendance Fortuna Business Improvement District (FBID)
Executive Director | January 2022- May 2022 and
City of Fortuna
Office Assistant (FBID Liaison) | June 2022 – August 2022 § Served under the direction of the Fortuna Business Improvement District’s Board of Directors with the objective to promote business, tourism, and economic development in Fortuna § Collaborated with the Board of Directors to update Board Member Agreements, prepare Board Meeting agendas, create a Board Manual, and establish the organization’s purposes, policies, and procedures § Assisted in the development and/or delivery of the Annual Report, presentation for Humboldt Lodging Alliance (HLA) Grant, and presentation for the Annual State of the City event hosted by Fortuna Chamber of Commerce
§ Conducted administrative work such as writing monthly Executive Director Reports, preparing and distributing Press Releases, tracking accounts payable, maintaining website and social media accounts, and updating an extensive email marketing contact list
§ Worked closely with City of Fortuna to promote events, enhance city beautification, and maintain a current roster of business licenses in Fortuna provided by quarterly report § Attended regular meetings of the Community Economic Resilience Consortium (CERC), the Downtown Business Association, the Fortuna Chamber of Commerce and its Tourism and Marketing Committee, and collaborative meetings regarding the Humboldt Lodging Alliance grant § Accepted a temporary part-time position with City of Fortuna to assist in the dissolution of the non-profit status of FBID and act as a liaison and support while FBID transitioned to functioning under the direct governance of the City of Fortuna, including, but not limited to, assisting with asset disposition, audit materials, annual report, and compiling general information for the City Manager regarding the organization’s operations
Open Door – Fortuna Community Health Center
Administrative Assistant | October 2020 – October 2021
§ Supported Site Director and team of managers by streamlining workflows, creating and maintaining several directories, generating reports, and participating in patient outreach pursuant to healthcare initiatives § Scheduled, prepared, and participated in Zoom meetings and in-person meetings, at times requiring food order coordination, payments, and travel
§ Promoted employee retention by developing and implementing a Site Orientation Program for new employees, tracking and calendaring special employee dates, coordinating employee spotlight nominations, and publishing a monthly newsletter to communicate organizational updates and recognize outstanding staff performance
3 of 3 Kaylyn Stainbrook | Fortuna, California | | City of Fortuna – Police Department (8 years), County of Humboldt – Sheriff’s Office (1 year) Public Safety Dispatcher | March 2011 – October 2020
§ Provided exceptional customer service to members of the public by offering resources, educating on municipal codes, and practicing compassion, patience and de-escalation skills § Displayed professional initiative and an eagerness to learn by obtaining certification as a Communications Training Officer which provided me the tools and skills to develop and implement a rigid dispatch training program
§ Self-sufficiently practiced time management and multitasking by simultaneously operating a multi-line phone system, multi-channel radio, and Computer Aided Dispatching (CAD) software to quickly triage calls for service, document incidents, and assign appropriate public safety resources § Adhered to confidentiality while accessing and entering sensitive information in government databases § Demonstrated case management and report writing for non-violent no-suspect vandalism and theft reports, animal bite reports, and abatements
Education
College of the Redwoods
§ Associate of Science Degree (A.S.), Medical Assisting (M.A.) Certificates
§ Certificate of Completion, Administrative Assistant Fundamentals § “Microsoft Excel Basics” and “Microsoft Excel: Beyond the Basics” Certificates § POST Communications Training Officer
§ Basic Life Support Provider (CPR & AED)
§ Workplace Readiness Certificates of Completions: Stress Management, Organizational Change, Time Management, Communication & Conflict Management
Business Item 5c
STAFF REPORT
City Council Business Item
DATE:
TO:
FROM:
THRU:
February 18, 2025
Honorable Mayor and Council Members
Shari Meads, Community Development Director
Amy Nilsen, City Manager
SUBJECT: Prioritize Ordinance Development and Long-Range Planning Activities for the Community Development Department
STAFF RECOMMENDATION:
Prioritize ordinance development and long-range planning activities for the Community Development Department including establishing first, second, and third priorities.
EXECUTIVE SUMMARY:
The Community Development Department is responsible for core services around planning and building. Staff would like to provide the City Council with a list of optional ordinances and longrange planning activities so that priority activities can be established.
BACKGROUND:
During the August 5, 2024 City Council meeting a Noise Ordinance was brought forward and direction was provided to staff to receive individual feedback Council Members, including a study session, and return at a future date with a draft Noise Ordinance. In addition, at the February 3, 2025 City Council meeting, the Council requested during “Future Agenda Items” discussion that a Cannanbis Ordinance come before the City Council.
Below are eight optional long-range planning items. Receiving feedback from the City Council on two to three priorities would be helpful for staff to begin to coordinate.
Optional Ordinances/Long-Range Planning Items (in no particular order)
1. Design Review Guidelines
The City currently has design review guidelines (called objective planning standards) that are confusing, inadequate, and apply to limited development types.
2. Historic Preservation Ordinance
The City, and especially Main Street, has an important array of historic buildings which are currently not protected by City ordinance. This means that any or all of the buildings could be demolished and replaced. A Historic Preservation Ordinance would provide regulations and guidance on allowable alterations while preserving community character, aesthetic and tourism appeal, and ensuring that our understanding and respect of the past are transmitted to future generations.
Business Item 5c
3. Cannabis Ordinance
The City currently prohibits all commercial cannabis activities. Community members have requested that the City reevaluate this stance to potentially develop new potential revenue sources.
4. Outdoor Lighting Ordinance
The City has received occasional complaints and requests from community members for more comprehensive regulations around intrusive light pollution .
5. Tree Protection Ordinance
Tree canopy contributes to a community’s character and livability and can increase property values. Improved air quality, stormwater management, energy savings, habitat provision, and increased aesthetics are just a few of the frequently referenced benefits trees provide. Additionally, the Regional Climate Action Plan, which will be brought to the City Council for review and adoption in Summer 2025, will likely require a tree canopy inventory, the development of an urban forestry program, and/or the adoption of a tree protection ordinance.
6. Sidewalk Vendor Ordinance
Senate Bill 946, California Retail Food Code (CRFC) “Compact Mobile Food Operations,” also known as the Safe Sidewalk Vending Act, decriminalizes sidewalk vending in California and allows local authorities to adopt non-criminal laws to protect public health, safety, and welfare. Based on the Safe Sidewalk Vending Act, the City would adopt an ordinance to establish the rules and regulations on how, when, and where a street vendor can operate.
7. Filming Activities Ordinance
The City does not have an established permitting process or guidelines to ensure the implementation of film-friendly policies. The California Film Commission must review any ordinance.
8. Comprehensive Municipal Code Update
The complete Fortuna Municipal Code (not just the Zoning Code) is out of date.
Individualized feedback from Council Members on the selected priorities would begin around March 3. Workshops would then be scheduled in April, May, and June of this year.
It should be noted that there are a number of required long-range planning items that staff is currenly working on.
Housing Element Implementation Ordinances. The Council has recently acted on two such ordinances – Single Room Occupancy and Request for Reasonable Accommodations. The following are a few of the State requirements with which the City is noncompliant:
Business Item 5c
1. Density Bonus Ordinance
a. State law requires that the City allow more dwellings to be built than the existing development standards allow if a developer agrees to make a certain number of dwellings available to the target income group. This provision in state law is commonly referred to as a density bonus provision. The City currently does not have a Density Bonus Ordinance.
2. Transitional and Supportive Housing Ordinance
a. The City currently has separate definitions of transitional and supportive housing. “Transitional housing” means a building or buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population as defined by Government Code Section 53260(d) (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions), and that is linked to on-site or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. To comply with state law, the City must revise its Zoning Ordinance to state that transitional and supportive housing types will be allowed as permitted uses subject to only the same restrictions as residential uses when they occupy the same type of structure. Additionally, supportive housing must be allowed as a permitted use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.
3. Accessory Dwelling Unit (ADU) Ordinance update
a. The current ADU ordinance must be brought into compliance with current State guidelines.
4. Inclusionary Housing Ordinance
a. Inclusionary zoning ordinances require developers to include a certain percentage of rental or for‐sale units that are affordable to lower‐income individuals as a condition of development or to pay in lieu fees to be used to subsidize affordable housing. The City’s Housing Element includes a program (H-21) that commits the City to exploring the feasibility of adopting such an ordinance and includes a timeframe of 2019 - 2020.
5. Regional Climate Action Plan (RCAP) adoption and implementation a. The RCAP is currently in process and expected to be ready for adoption this summer. A qualified RCAP meets specific requirements so that future development projects requiring environmental review under State law can streamline greenhouse gas (GHG) impact analyses by demonstrating consistency with the RCAP. This will likely require updating the Zoning regulations. Implementation will be ongoing.
6. Local Hazard Mitigation Plan
a. In process. This will require updating the General Plan Safety Element and potentially require updating the Zoning regulations.
7. Pre-Approved ADU Plans availability on the City website.
Business Item 5c
a. State law effective January 1, 2025 requires ADU plans to be offered on our website.
The City Council should also be aware there a number of near-term required long-range planning projects that will need to be completed in order to maintain compliance with State and Federal laws. These projects include the Housing Element and General Plan updates, which are multi-year processes that require the City to identify funding sources.
Housing Element Update
The City’s current Housing Element expires in May 2027. Performing the required update will be an expensive, consultant-led, multiyear process. If a jurisdiction’s housing element is out of compliance, courts can fine jurisdictions up to $100,000 per month. If the fines are not paid, that fine can be multiplied by a factor of six.
Comprehensive General Plan Update
The City’s General Plan’s planning horizon is 2030. It is markedly outdated and does not meet current State General Plan Guidelines. If a jurisdiction is sued over an inadequate General Plan, the court may impose requirements for land use decisions until the jurisdiction brings its General Plan—including its Housing Element—into compliance with State law. Concurrently updating the Housing Element and General Plan may be more cost-effective and efficient. This will be an expensive, consultant-led, multiyear process.
Comprehensive Zoning Code Update
The City’s Zoning Code appears to have had its most recent comprehensive update in 2011 following the adoption of the City’s current General Plan. The adoption of a new General Plan (as above) will create an obligation and opportunity to update the Zoning Code to ensure that it achieves the type of community development that will carry out the vision set forth in the General Plan. In addition, a comprehensive Zoning Code will ensure compliance with State legislation to streamline and facilitate housing development among other requirements.
FISCAL IMPACT:
Staff salaries must be allocated in the City’s Annual Budget. Additionally, City ordinances require review by the City’s legal team prior to adoption. Future public hearings (which include at minimum one Planning Commission hearing and two City Council hearings) for ordinance adoption require public noticing which has costs. The General Plan and Housing Element updates will have significant associated consultant costs which have yet to be determined. In addition, due to the state-mandated compliance work required currently and in the near-term, additional resources will need to be allocated.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and ask questions
2. Open Council discussion
3. Open public comment.
4. Close public comment.
5. Motion to prioritize ordinance development and long-range planning activities for the Community Development Department including establishing first, second, and third priorities. Voice vote.
City Manager’s Report
STAFF REPORT
City Manager's Report
DATE: February 18, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Monday, March 3, 2025
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
** Monday, March 10, 2025 **
6:00 p.m.
Special City Council Meeting
Council Chambers at City Hall
2. Upcoming Planning Commission Meeting Dates
Tuesday, February 25, 2025
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, March 11, 2025
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
3. Upcoming Measure E Meeting Dates
Tuesday, March 18, 2025
5:30 p.m.
Regular Measure E Meeting
Council Chambers at City Hall
Tuesday, April 1, 2025
5:30 p.m.
Regular Measure E Meeting
Council Chambers at City Hall
4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, March 5, 2025
2:30 p.m.
Special RCRPD Meeting
Council Chambers at City Hall
Wednesday, April 2, 2025
2:30 p.m.
Regular RCRPD Meeting
Council Chambers at City Hall
5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates **Tuesday, February 18, 2025**
9:00 a.m.
Special FBID Meeting
Council Chambers at City Hall
Tuesday, April 22, 2025
8:30 a.m.
Regular FBID Meeting
Council Chambers at City Hall
6. Verbal Report