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: Council Member Conley, King, Mayor Pro Tem Trent, Mayor Johnson NAYS: None
ABSENT: None
ABSTAIN: None
_____
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