Fortuna City Council
December 1, 2025

Meeting Agenda
Monday, December 1, 2025 at 6:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 843 1305 2366 Password 303030 • We May Disagree, But We Will Be Respectful of One Another • All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council • Personal Attacks are Unacceptable
• The City Council May Take Action on any Item on this Agenda.

CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Staff
• Council Member Kyle Conley
• Council Member Carlos Diaz
• Council Member Abe Stevens
• Mayor Pro Tem Tami Trent
• Mayor Mike Johnson
• City Manager Amy Nilsen
• Deputy City Clerk, Buffy Gray

1. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this time on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of this Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the

2. Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

CONSENT CALENDAR
These matters are routine in nature and are usually approved by a single vote. Any member of the Council may pull a particular item for further discussion. a. City Council Minutes – November 17, 2025 (Regular Meeting) b. Report of Disbursements
Approval of the Amended Full Time Classification and Pay Rate Schedule for Fiscal Year 2025-26, Resolution 2025-27
c.

3. CITY COUNCIL BUSINESS
Authorize City Manager to execute a $1,500,000 Supplemental Budget Request for an Additional Discretionary Payment to the California Public Employee’s Retirement System (CalPERS) Pension Trust
a.

Second Reading and Adoption of Ordinance 2025-778 ; Adding Chapter 8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person
b.

Introduce and Conduct First Reading of Ordinance 2025-779 Amending the Fortuna Municipal Code Title 17, Zoning Regulations, Chapters 17.03, 17.06, and 17.08 to Implement the 6th Cycle Housing Element, AND Introduce and Conduct First Reading of Ordinance 2025-780 to Amend Fortuna Municipal Code Title 17, Section 17.02.030, Zoning Map, to Adopt the Qualified Combining Zone to Implement the 6th Cycle Housing Element and Mill District Specific Plan
c.

4. 5. CITY MANAGER’S REPORT

FUTURE AGENDA ITEMS
At this time, members of the Council may consider or request items to be placed on a future agenda through a consensus of the majority.

6. CITY COUNCIL REPORTS AND COMMENTS
Council Member Kyle Conley
Redwood Region Economic Development Corporation (RREDC) Alternate, Parks & Recreation Commission, Humboldt Transit Authority Alternate a.

Council Member Carlos Diaz
Redwood Region Economic Development Corporation (RREDC), Redwood Coast Energy Authority (RCEA), Parks & Recreation Commission Alternate b.

Council Member Abe Stevens
Humboldt County Association of Government Alternate, Redwood Region Economic Development Corporation
c.

Mayor Pro Tem Tami Trent
Humboldt Transit Authority (HTA), Indian Gaming Commission, League of California Cities Public Safety Commission, Fortuna Business Improvement District (FBID) d.

7. Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Agenda published on 11/25/ 2025 at 4:05 PM
Mayor Mike Johnson
Humboldt County Association of Governments (HCAOG), Historical Commission, League of California Cities Transportation, Communication, & Public Works Commission e.

ADJOURN
Pursuant to Government Code Section 54957.5, any non-confidential documents or writings that the City distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members must be made available to members of the public at the same time as the distribution. Documents and information related to the agenda topics are available for review at City Hall, 621 11th Street, between the hours of 8:00 AM to 5:00 PM. Members of the public are invited to come to the meeting and comment. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (707) 725-7600. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

8. Meeting Agenda
Minutes
Monday, November 17, 2025 at 6:00 pm
621 11th Street, Fortuna CA
Regular Meeting Agenda
Zoom Option: 1-669-900-9128 Meeting ID 890 3903 0172 Password 126255 • We May Disagree, But We Will Be Respectful of One Another • All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council • Personal Attacks are Unacceptable
• The City Council May Take Action on any Item on this Agenda.

CALL TO ORDER / FLAG SALUTE / ROLL CALL
Minutes:

Mayor Johnson called the meeting to order at 6:00 pm and led the flag salute. ROLL CALL: Council Member Conley - Present, Council Member Diaz - Present, Council Member Stevens - Present, Mayor Pro Tem Trent - Present, Mayor Johnson - Present

1. ORAL COMMENTS FROM THE PUBLIC
Minutes:

PUBLIC COMMENT: There being no pubic comment, Mayor Johnson closed public comments.

2. CONSENT CALENDAR
Minutes:

PUBLIC COMMENT: Justin Primofiore, Fortuna Police Employee's President.

There being no additional public comment, Mayor Johnson closed public comment.

COUNCIL ACTION: Council Member Conley pulled Consent Item i. Mayor Pro Tem Trent moved, seconded by Council Member Diaz, to approve consent calendar items a - h.

AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson.

NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED: 5/0

3. Mayor Pro Tem Trent moved, seconded by Council Member Diaz, to approve the consent calendar item i. AYES: Council Membes Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson.

NOES: None ABSTAIN: None ABSENT: None RECUSED: Council Member Conley.

MOTION CARRIED: 4/0
a. City Council Minutes – November 3, 2025 (Regular and Special Meetings) b. Administrative Department Monthly Report
c. Community Development Department Monthly Report
d. Finance Department Monthly Report
e. Parks & Recreation Monthly Report
f. Police Department Monthly Report
g. Public Works Monthly Report
h. Report of Disbursements
Approve the Side Letter to the Memorandum of Understanding between the City of Fortuna and the Fortuna Police Employees Association for 2025-2027 i.

CITY COUNCIL BUSINESS
Establishment of a Hiring Freeze for Staff Positions Funded Through the General Fund
Minutes:

STAFF REPORT: City Manager Amy Nilsen provided a staff report regarding a hiring freeze for staff positions funded through the general fund.

PUBLIC COMMENT: There being no comments from the public, Mayor Johnson closed the public comment section.

CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Council Member Conley to approve the following:
a. Establishment of a hiring freeze for staff funded through the General Fund; c.

Approve an exception to the hiring freeze for other essential and critical positions as approved by the City Council.

Roll Call vote. AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0.

CITY COUNCIL ACTION: Mayor Pro Tem Trent moved, seconded by Council Member Diaz to approve the following:
b. Automatic exception from the hiring freeze for Police Officer, Sergeant, and part-time Parks and Recreation positions.

Roll Call vote. AYES: Council Members Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: Council Member Conley ABSENT:

None MOTION CARRIED 4/0.
a.

Introduce and Conduct First Reading of Ordinance 2025-778, Adding Chapter

8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person
Minutes:

STAFF REPORT: City Manager Amy Nilsen provided a staff report on Ordinance 2025-778 adding Chapter 8.45 to Title 8, making it unlawful for any person in b.

4. the City to sell, offer, distribute, or provide Nitrous Oxide to any person.

PUBLIC COMMENT: Michelle Bushnell, First District Supervisor There being no additional comments from the public, Mayor Johnson closed the public comment section.

CITY COUNCIL ACTION: Council Member Conley moved, seconded by Mayor Pro Tem Trent to amend the language in Ordinance 2025-778 to include the following language:
" This section does not apply to the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food preparation facility located in the City of Fortuna, provided the transaction is documented by an invoice stating the date, time, quantity, and type of nitrous oxide product delivered and certified by the food preparation facility individual in charge on site that the product has been received by that facility solely for the purposes of food preparation. Each invoice must be retained by the food preparaton facility and the wholesale distributor and is subject to inspection by the City for a period of three years from the date of transaction." Roll Call vote. AYES: Council Members Conley, Diaz, Stevens, Mayor Pro Tem Trent, Mayor Johnson NOES: None ABSTAIN: None ABSENT: None MOTION CARRIED 5/0.

CITY COUNCIL ACTION: Council Member Diaz moved, seconded by Mayor Pro Tem Trent to introduce and conduct the first reading of Ordinance 2025-778, an Ordinance of City Council of the City of Fortuna California, Adding Chapter 8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person and continue the public hearing to December 1, 2025.

Roll Call vote. AYES: Council Members Conley, Diaz, Mayor Pro Tem Trent, Mayor Johnson NOES: Council Member Stevens ABSTAIN: None ABSENT:

None MOTION CARRIED 4/1.

CITY MANAGER’S REPORT
Minutes:

City Manager, Amy Nilsen, provided a verbal report. (Report was provided during prior to the consent calendar motion, due to Mayor Pro Tem Trent's temporary absence from the Council Chambers.)

5. FUTURE AGENDA ITEMS
Minutes:

None.

6. CITY COUNCIL REPORTS AND COMMENTS
a. Council Member Kyle Conley
b. Council Member Carlos Diaz
c. Council Member Abe Stevens
d. Mayor Pro Tem Tami Trent
e. Mayor Mike Johnson

7. 8. ADJOURN
Contact: Siana L. Emmons, City Clerk ([email protected] 707-725-1409) | Minutes published on 11/17/ 2025 at 3:00 PM
Minutes:

Council Member Conley moved, seconded by, Mayor Pro Tem Trent to adjourn the meeting at 6:35 pm. MOTION CARRIED: 5/0
Consent Item 3b

STAFF REPORT
Council Consent Item
DATE: December 1, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Report of Disbursements November 19th and 24th, 2025 STAFF RECOMMENDATION:

Receive staff report of disbursements that were processed for the City of Fortuna and the Successor Agency (Fortuna Redevelopment Agency) if applicable, as an informational item only.

REPORT OF DISBURSEMENTS:

Disbursement was processed as follows:

November 19, 2025 $393,683.68
November 24, 2025 $561,724.34

RECOMMENDED COUNCIL ACTION:

Informational Item. Receive report by Consent Agenda vote.

ATTACHMENTS:
• Disbursements Detail Report for November 19, 2025
• Disbursements Detail Report for November 24, 2025
Amount
11/19/2025 8:05:52 AM Page 1 of 4
83655 11/19/2025 NORMAN'S DRY CLEANERS 25317 Linens/ Mops - River Lodge 25 83656 11/19/2025 NORTH COAST JOURNAL 2025-144095 Public Notice - Revising Chapter 2.5 Ord. 2025-777 94.5 83654 11/19/2025 NOR CAL GLOVES 01582134 Latex Gloves - Utilities 125.93 83655 11/19/2025 NORMAN'S DRY CLEANERS 25317 Linens/ Mops - River Lodge 23 83654 11/19/2025 NOR CAL GLOVES 01581922 Latex Gloves - PD 321.9 83654 11/19/2025 NOR CAL GLOVES 01582133 Latex Gloves - WWTP 306.38 83653 11/19/2025 NAPA AUTO PARTS FORTUNA 91170 Brass Connector - Parks 11.92 83653 11/19/2025 NAPA AUTO PARTS FORTUNA 91327 Oil/ Air Filter - Utilities 1443.18 83652 11/19/2025 MISSION LINEN INDUS SERV 524920957 Paper Towels/ Can Liners - River Lodge 115.03 83652 11/19/2025 MISSION LINEN INDUS SERV 524948688 Police Mat Cleaning Service FY 25/26 58.04 83652 11/19/2025 MISSION LINEN INDUS SERV 524920928 Sight Savers 22.23 83652 11/19/2025 MISSION LINEN INDUS SERV 524920928 Sight Savers 22.23 83652 11/19/2025 MISSION LINEN INDUS SERV 524914651 Towels/ Mats/ Liners/ Linen - River Lodge 47.5 83652 11/19/2025 MISSION LINEN INDUS SERV 524914651 Towels/ Mats/ Liners/ Linen - River Lodge 29.47 83652 11/19/2025 MISSION LINEN INDUS SERV 52490782 Corp Yard Linen Service 54.12 83652 11/19/2025 MISSION LINEN INDUS SERV 52490782 Corp Yard Linen Service 52.44 83651 11/19/2025 MALDONADO, BERTHA 110625 Monday Club Deposit Refund 250 83652 11/19/2025 MISSION LINEN INDUS SERV 524907483 Wastewater Linen Service 119.77 83649 11/19/2025 JACOBS ENGINEERING GROUP INC W8Y10900-037 NPDES Compliance Engineering 208448.12 83650 11/19/2025 KEENAN SUPPLY CO S014728904 Concrete Box/ Lid - Utilities 931.12 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 36.6 83648 11/19/2025 HUMBOLDT FENCE CO 8545 Steel Rail/ Frame Hinge/ Post Hinge - Parks 44.09 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 1237.83 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 37.95 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 1731.93 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 56.93 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 608.35 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 100 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 307.78 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 242.3 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 125 83647 11/19/2025 HUMBOLDT CONNECTION, THE 948 Sweatshirts/ Shirts 1786.83 83645 11/19/2025 HENSELL MATERIALS 672790 Sand Bags - Parks 99.23 83646 11/19/2025 HUMB CO RESOURCE CONSERVATION DIST 111025 River Lodge Deposit Refund 250 83643 11/19/2025 GHD INC 380-0081224 Mill Creek Habitat Connectivity Project 17093.45 83644 11/19/2025 GROCERY OUTLET 111225 Kennel Supplies 79.9 83642 11/19/2025 FREEDOM FUEL 1012673 Equipment Fuel 51.72 83643 11/19/2025 GHD INC 380-0081198 US 101/12th Street Interchange PA & ED 36236.34 83642 11/19/2025 FREEDOM FUEL 1012627 Propane 39.21
83642 11/19/2025 FREEDOM FUEL 1012672 Equipment Fuel 20.95 83641 11/19/2025 FORTUNA ACE HARDWARE 400511 Vinyl Blinds - Parks 31.74 83642 11/19/2025 FREEDOM FUEL 1012610 Equipment Fuel 33.34 83641 11/19/2025 FORTUNA ACE HARDWARE 400469 Terminal Insulated/ Batteries - General Services 65.86 83641 11/19/2025 FORTUNA ACE HARDWARE 400484 Flat Bar - Museum 26.27 83641 11/19/2025 FORTUNA ACE HARDWARE 400262 Janitorial Supplies - Parks 25.57 83641 11/19/2025 FORTUNA ACE HARDWARE 400447 Cultivator/ Hammers/ Screwdriver 98.5 83640 11/19/2025 FORBUSCO LUMBER 38143 Roof Vent Kennels 95.86 83641 11/19/2025 FORTUNA ACE HARDWARE 400211 Janitorial Supplies - CH 96.27 83638 11/19/2025 ECOLAB 6355943258 River Lodge Sanitizer Chemicals FY 25/26 219 83639 11/19/2025 EUREKA READY MIX CO 105716 Round Rock - Parks 87.01 83637 11/19/2025 DUNNIGAN PSYCHOLOGICAL & THREAT ASSESS 2615 Pre-employment Psych Evaluation 1000 83638 11/19/2025 ECOLAB 6354982602 River Lodge Dishmachine Rental FY 25/26 144.41 83635 11/19/2025 AT&T 5025 11250893 23484108935031 31.54 83636 11/19/2025 COLANTUONO, HIGHSMITH & WHATLEY, PC 67695 Legal Services 189 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 11/19/2025 - 11/19/2025
Payment Number Paymnt Date Vendor Name Payable Number Description (Item) Amount
11/19/2025 8:05:52 AM Page 2 of 4
83668 11/19/2025 WOODS PEST CONTROL 1348592 Public Works Pest Service FY 25/26 140 Grand Total: 393683.68
83667 11/19/2025 WESTECH PS-INV-107911 Grit Screw 13607.55 83668 11/19/2025 WOODS PEST CONTROL 1348577 River Lodge Pest Service FY 25/26 150 83665 11/19/2025 USABLUEBOOK INV00883635 Lab Supplies - WWTP 160.98 83666 11/19/2025 VWR INTERNATIONAL LLC 8820324454 Supplies - WWTP 326.85 83663 11/19/2025 STOEL RIVES LLP 8096786 Legal Services - River Watch Lawsuit 3325 83664 11/19/2025 TECHOME INNOVATIONS 1130 Audio Equipment - River Lodge 63247.2 83661 11/19/2025 REXEL S143843256 VFD for Well #2 - Utilities 8467.68 83662 11/19/2025 ROCKWELL SOLUTIONS 3678 Heat Exchange Pump Parts - WWTP 6021.08 83660 11/19/2025 RADAR SHOP INC, THE 26472 Radar Recertification - PD 906 83661 11/19/2025 REXEL S143842334 VFD for Well #2 - Utilities 471.22 83658 11/19/2025 O'GRADY, JAMES 060425 Refund Deposit/ Alcohol Deposit Monday Club 500 83659 11/19/2025 O'REILLY AUTOMOTIVE STORE 3491-344475 Mount Kit - General Services 195.28 83656 11/19/2025 NORTH COAST JOURNAL 2025-144255 Ferndale Enterprise Annual Subscription 67 83657 11/19/2025 NYLEX.NET 16782 Computers/ Components - PD 21096.9 83656 11/19/2025 NORTH COAST JOURNAL 2025-144096 Public Notice - Rent Increase Royal Crest Space 85.5 83656 11/19/2025 NORTH COAST JOURNAL 2025-144109 Public Notice- Chapter 8.45 Ordinance 82.8 Expense Approval Report Payment Dates: 11/19/2025 - 11/19/2025 Payment Number Paymnt Date Vendor Name Payable Number Description (Item) 550-5740-6700 Building Repair and Maintenance 140
550-6025-6600 Professional Services 3325
11/19/2025 8:05:52 AM Page 3 of 4
550-5500-6700 Department Supplies 37.95
550-5557-6600 Lab Supplies 160.98
550-5720-6600 Equipment Repair 19628.6
500-5720-6000 Equipment Repair 8938.9
500-6200-6100 Telephone 31.54
550-5500-6600 Department Supplies 2030.04
500-5500-6100 Department Supplies 2962.15
500-5500-6300 Department Supplies 56.93
500-5715-6100 Vehicle Repairs 1443.18
270-6005-9112 Engineering Services 36236.3
280-5720-4200 Equipment Repair 65.86
350-6025-9123 Professional Services 17093.5
160-5706-5800 Equipment Lease 144.41
160-5740-5800 Building Repair and Maintenance 150
160-8000-5800 Capital Outlay 63247.2
160-5547-5800 User Group Linen 70.5
160-5565-5800 Janitorial Supplies 169.5
160-5575-5800 Kitchen Chemical 219
120-5500-3000 Department Supplies 100
160-2221 Monday Club Deposits 750
160-2222 River Lodge Deposits 250
100-6305-1400 Publication Expense 262.8
100-7015-1400 Dues & Subscriptions 67
100-7015-2000 Dues & Subscriptions 58.04
100-6020-1400 Legal Services 189
100-6035-2000 Personnel Services 1000
100-6205-2000 Cell Phones 906
100-5740-2000 Building Repair and Maintenance 95.86
100-5740-5450 Building Repair and Maintenance 31.74
100-5741-5450 Newburg Park Maintenance 98.93
100-5505-5450 Vehicle Fuel & Oil 106.01
100-5565-5450 Janitorial Supplies 25.57
100-5715-4100 Vehicle Repairs 195.28
100-5500-5400 Department Supplies 242.3
100-5500-5450 Department Supplies 751.67
100-5500-5600 Department Supplies 26.27
100-5500-2800 Department Supplies 79.9
100-5500-3200 Department Supplies 125
100-5500-4100 Department Supplies 2170.96
Account Summary
Account NumberAccount Name Payment Amount
100-5500-1500 Department Supplies 96.27
100-5500-2000 Department Supplies 21418.8
500 - Water Fund 13432.7
550 - Wastewater Fund 25322.6
560 - Wastewater Capital Fund 208448
590 - TDA Transit Fund 36.6
Grand Total: 393684
120 - Development & Building Fund 100
160 - Riverlodge Fund 65000.6
270 - STIP/TEA Fund 36236.3
280 - Gas Tax Fund 65.86
350 - Capital Projects Fund 17093.5
Expense Approval Report Payment Dates: 11/19/2025 - 11/19/2025 Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 27947.4
Grand Total: 393684
11/19/2025 8:05:52 AM Page 4 of 4
590-5500-5000 Department Supplies 36.6
Grand Total: 393684
Project Account Summary
Project Account Key Payment Amount
**None** 393684
Expense Approval Report Payment Dates: 11/19/2025 - 11/19/2025 Account Summary
Account NumberAccount Name Payment Amount
560-6005-0171 Engineering Services 208448
Amount
83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 19.12 11/24/2025 4:35:38 PM Page 1 of 6
83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 142.24 83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 145.97 83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 145.97 83695 11/24/2025 MICROBAC LABORATORIES INC 185269 Lab Testing 247 83696 11/24/2025 MISSION LINEN INDUS SERV 524867907 Urinal Screens - Parks 109.5 83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 145.97 83694 11/24/2025 MERCER FRASER COMPANY 117743 Cold Mix - Utilities 2869.78 83694 11/24/2025 MERCER FRASER COMPANY 117744 Aggregate Base - Utilities 135.56 83694 11/24/2025 MERCER FRASER COMPANY 117745 Aggregate Base - Utilities 162.72 83692 11/24/2025 JB FABRICATION 2868 Digester Lid Repair - WWTP/ 1200 83692 11/24/2025 JB FABRICATION 2912 Stainless Wear Strip Fabrication - WWTP 2000 83693 11/24/2025 KOSMONT COMPANIES 24106-011 Financing District Analysis Service 308.1 83690 11/24/2025 HUMBOLDT COUNTY RECORDER 111825 CEQA Notice of Exemption - Vancil Forest 50 83691 11/24/2025 HUMBOLDT LODGING ALLIANCE 111925 HTA Allocation 1st Qtr End 9.30.25 52433.92 83691 11/24/2025 HUMBOLDT LODGING ALLIANCE 111925 HTA Allocation 1st Qtr End 9.30.25 -524.34 83687 11/24/2025 GRAINGER 9711188053 HazMat Storage Cabinet - WWTP 1345.55 83688 11/24/2025 GROCERY OUTLET 111825 Division Head Meeting Supplies 26.59 83689 11/24/2025 HORIZON BUSINESS PRODUCTS 292970 Pens/Markers - Planning 17.11 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 252.42 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 1009.67 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 1009.67 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 1262.1 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 1009.67 83686 11/24/2025 GOVERNMENTJOBS.COM INC INV-146354 Annual Insight/Onboarding Subscription 504.84 83683 11/24/2025 FORTUNA ACE HARDWARE 400639 Power Strip/Scissors - River Lodge 50.33 83684 11/24/2025 FORTUNA CHAMBER OF COMMERCE 111925 TOT Allocation 1st Qtr End 9.30.25 27037.14 83685 11/24/2025 GOLDEN GATE VETERINARY SPECIALISTS 783757 Vet Services - K9 Blitz 1585.65 83683 11/24/2025 FORTUNA ACE HARDWARE 400418 Concrete Mix - Streets 26.25 83683 11/24/2025 FORTUNA ACE HARDWARE 400494 LED Bulbs - River Lodge 45.97 83683 11/24/2025 FORTUNA ACE HARDWARE 400544 Sawzall Blade/Hardware - General Services 31.48 83680 11/24/2025 ECLIPSE MAPPING AND GIS 811867 GPS Equipment - Utilities 12886.03 83681 11/24/2025 ECOLAB 6356122715 River Lodge Dishmachine Rental FY 25/26 144.41 83682 11/24/2025 FEDEX 9-058-76775 Lab Shipping Services 173.86 83678 11/24/2025 CSG CONSULTANTS 63588 Franchise Agreement Negotiation Services 1000 83678 11/24/2025 CSG CONSULTANTS 63589 Franchise Agreement Negotiation Services 3110 83679 11/24/2025 DEPARTMENT OF JUSTICE 2280 Oct Livescan Services - PD 755 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 350 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 140 83677 11/24/2025 CITY OF FERNDALE Stephens OCT2 Background Investigator Services - PD 770.38 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 2660 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 630 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 1400 83674 11/24/2025 CDW GOVERNMENT, INC AG8BT3A Adope Pro Licenses - Building/Engineering 48.03 83675 11/24/2025 CITY OF ARCATA ENG13579 Joint Slurry Project - Streets 152257.46 83676 11/24/2025 CITY OF EUREKA INV08496 Bay Cities Leadership Academy - Fin/Rec/PW 420 83672 11/24/2025 BURLEY, DYLAN 103125 Halloween Candy - PD 80 83673 11/24/2025 CDTFA 690577663 Water Rights Fee - L0033418083 545.84 83674 11/24/2025 CDW GOVERNMENT, INC AG8BT3A Adope Pro Licenses - Building/Engineering 48.03 83669 11/24/2025 ALAMO GRP MUNI MOWING SOLUTIONS LLC9746173 Boom Mower - Public Works 57980.02 83670 11/24/2025 ASAP LOCK & KEY 70986 Padlocks - Utilities 111.69 83671 11/24/2025 BORGES & MAHONEY INC 146317 Preventative Maintenance Kits - WWTP 1220.13 Expense Approval Report
CITY OF FORTUNA By (None)
Payment Dates 11/24/2025 - 11/24/2025
Payment Number Payment Date Vendor Name Payable Number Description (Item) 83669 11/24/2025 ALAMO GRP MUNI MOWING SOLUTIONS LLC9746173 Boom Mower - Public Works 117500 83669 11/24/2025 ALAMO GRP MUNI MOWING SOLUTIONS LLC9746173 Boom Mower - Public Works 57447.75 Amount
83711 11/24/2025 SWRCB ACCOUNTING OFFICE SW-0322346 Annual Permit Fee - FAC ID 12M2000080 10920 83712 11/24/2025 THATCHER COMPANY INC 2025100115361 Sulfur Dioxide - WWTP 7500 11/24/2025 4:35:38 PM Page 2 of 6
83708 11/24/2025 SPORT & CYCLE 232091 Viking Rain Gear - J Swenson 244.93 83709 11/24/2025 STAPLES BUSINESS CREDIT 7669457021 Office Supplies - PD 130.44 83710 11/24/2025 SWRCB 111725 Operator Cert Exam D2 - M McGinnis 65 83705 11/24/2025 PLANWEST PARTNERS INC 25-193-11 Plan Review Services - CDD 10466.37 83706 11/24/2025 RECOLOGY EEL RIVER 755818 Debris Disposal 38.4 83707 11/24/2025 SANCHEZ, ADRIANA 111025 Park Deposit Refund 500 83704 11/24/2025 PACIFIC GAS & ELECTRIC CO 11250847 06162570847 57.69 83704 11/24/2025 PACIFIC GAS & ELECTRIC CO 11253473 69711643473 730.89 83704 11/24/2025 PACIFIC GAS & ELECTRIC CO 11256726 44469516726 257.44 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 633.75 83703 11/24/2025 NYLEX.NET 16803 Office 365 New User Set-up - J White 134.75 83703 11/24/2025 NYLEX.NET 16804 Office 365 New User Set-up - D Cook 107.8 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 48.75 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 341.25 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 341.25 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 1608.75 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 390 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 390 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 257.22 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 85.74 83703 11/24/2025 NYLEX.NET 16802 Network Support Services FY 25/26 1121.25 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 17.15 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 171.48 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 257.22 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 411.54 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 342.96 83703 11/24/2025 NYLEX.NET 16800 New Computer - Mechanic 171.48 83702 11/24/2025 NORTH COAST JOURNAL 2025144080 Craft Faire Advertising - River Lodge 378 83702 11/24/2025 NORTH COAST JOURNAL 2025144081 Craft Faire Advertising - River Lodge 120 83702 11/24/2025 NORTH COAST JOURNAL 2025144452 Recreation Leader Recruitment Advertising 112 83701 11/24/2025 NORMAN'S DRY CLEANERS 25310-340-A River Lodge Linen Service 21 83701 11/24/2025 NORMAN'S DRY CLEANERS 25310-340-A River Lodge Linen Service 16.2 83701 11/24/2025 NORMAN'S DRY CLEANERS 25324-241-A River Lodge Linen Service 30 83698 11/24/2025 MITCHELL LAW FIRM, THE 9379 City Attorney Services FY 25/26 3930 83699 11/24/2025 NAPA AUTO PARTS FORTUNA 90634 Vehicle Inspection Book - Utilities 17.03 83700 11/24/2025 NASH, ROSS 25-113 Inspection/Plan Review Service 11.1 - 11.15 337.5 83697 11/24/2025 MITCHELL 1 M1-00638451 Teamwork Software FY 25/26 66.24 83697 11/24/2025 MITCHELL 1 M1-00638451 Teamwork Software FY 25/26 66.24 83697 11/24/2025 MITCHELL 1 M1-00638451 Teamwork Software FY 25/26 66.24 83696 11/24/2025 MISSION LINEN INDUS SERV 524962824 Paper Towels - WWTP 67.35 83696 11/24/2025 MISSION LINEN INDUS SERV 524991880 Parks/Rink Linen Service 98.48 83697 11/24/2025 MITCHELL 1 M1-00638451 Teamwork Software FY 25/26 66.24 83696 11/24/2025 MISSION LINEN INDUS SERV 524948677 Wastewater Linen Service 98.18 83696 11/24/2025 MISSION LINEN INDUS SERV 524948689 Parks/Rink Linen Service 99.9 83696 11/24/2025 MISSION LINEN INDUS SERV 524958208 River Lodge Linen Service 114.19 83696 11/24/2025 MISSION LINEN INDUS SERV 524945517 Toilet Paper - Parks 516.47 83696 11/24/2025 MISSION LINEN INDUS SERV 524948676 Corp Yard Linen Service 54.26 83696 11/24/2025 MISSION LINEN INDUS SERV 524948676 Corp Yard Linen Service 52.59 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 92.32 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 31.51 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 31.5 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 221.54 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 190.04 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 141.18 83696 11/24/2025 MISSION LINEN INDUS SERV 524871962 Toilet Paper - Parks 256.23 83696 11/24/2025 MISSION LINEN INDUS SERV 524907493 Parks/Rink Linen Service 92.44 83696 11/24/2025 MISSION LINEN INDUS SERV 524937797 Seat Covers/Paper Towels/Gloves - Various 190.04 Expense Approval Report Payment Dates: 11/24/2025 - 11/24/2025 Payment Number Payment Date Vendor Name Payable Number Description (Item) 83696 11/24/2025 MISSION LINEN INDUS SERV 524871945 Kleenex/Cleaner/Urinal Mat - PD/CDD/CH/Park/RL/MC 19.12 Amount
83716 11/24/2025 USABLUEBOOK INV00883702 Lab Supplies 332.83 Grand Total: 561724.34
11/24/2025 4:35:38 PM Page 3 of 6
83715 11/24/2025 US BANK EQUIPMENT FINANCE 568682314 Printer Lease FY 25/26 831.73 83715 11/24/2025 US BANK EQUIPMENT FINANCE 568682314 Printer Lease FY 25/26 324.23 83715 11/24/2025 US BANK EQUIPMENT FINANCE 568682314 Printer Lease FY 25/26 253.75 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 38.64 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 144.91 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 144.91 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 19.32 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 38.64 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 86.95 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 154.57 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 270.52 83714 11/24/2025 UBEO BUSINESS SERVICES 5086949 Print Services FY 25/26 67.63 83713 11/24/2025 TRACTOR SUPPLY CREDIT PLA 2116801136 Kennel Supplies 43.78 83714 11/24/2025 UBEO BUSINESS SERVICES 5084208 Plotter Maintenance - Planning/Building 312.5 83714 11/24/2025 UBEO BUSINESS SERVICES 5084208 Plotter Maintenance - Planning/Building 312.5 Payment Number Payment Date Vendor Name Payable Number Description (Item) 83712 11/24/2025 THATCHER COMPANY INC 2025100115361 Sulfur Dioxide - WWTP 14024.82 83712 11/24/2025 THATCHER COMPANY INC 2025100901021 Sulfur Deposit Refund -7500 Expense Approval Report Payment Dates: 11/24/2025 - 11/24/2025 120-5500-3000 Department Supplies 151.9
120-5705-3000 Equipment Maintenance 399.45
11/24/2025 4:35:38 PM Page 4 of 6
100-7015-2000 Dues & Subscriptions 66.24
100-7015-4000 Dues & Subscriptions 48.03
100-7015-4100 Dues & Subscriptions 66.24
100-7612-1100 Contingency 26.59
101-5500-2850 Department Supplies 1585.65
101-8000-5450 Capital Outlay 117500
100-6305-3200 Publication Expense 50
100-6505-2000 Utility - General & Electric 788.58
100-6625-2000 Livescan Fees 755
100-6801-1800 Chamber TOT 27037.1
100-7000-1200 Travel, Conferences & Training 420
100-7000-5400 Travel, Conferences & Training 2660
100-6020-1300 Legal Services 3930
100-6025-3200 Professional Services 10774.5
100-6035-1500 Personnel Services 1262.1
100-6035-2000 Personnel Services 1780.05
100-6035-5400 Personnel Services 616.84
100-6035-5450 Personnel Services 171.48
100-5705-5450 Equipment Maintenance 292.39
100-5775-1500 Network Support 1121.25
100-5775-2000 Network Support 1608.75
100-5775-4000 Network Support 390
100-5775-5400 Network Support 390
100-5775-5600 Network Support 48.75
100-5500-4100 Department Supplies 536.5
100-5565-5450 Janitorial Supplies 1460.17
100-5705-1500 Equipment Maintenance 986.3
100-5705-2000 Equipment Maintenance 594.75
100-5705-3200 Equipment Maintenance 380.13
100-5705-4000 Equipment Maintenance 19.32
100-2220 Refundable Park Deposits 500
100-4061 Humboldt Tourism Assessment -524.34
100-5500-1500 Department Supplies 336.01
100-5500-2000 Department Supplies 905.76
100-5500-2800 Department Supplies 43.78
100-5500-3200 Department Supplies 353.12
306 - Recycle-Parks 4110
500 - Water Fund 64502.6
550 - Wastewater Fund 82471.6
560 - Wastewater Capital Fund 12886
590 - TDA Transit Fund 225.74
Grand Total: 561724
Account Summary
Account NumberAccount Name Payment Amount
100-2040 Humboldt Tourism Assessment 52433.9
100 - General Fund 112329
101 - Transaction and Use Tax Fund 119086
120 - Development & Building Fund 936.88
160 - Riverlodge Fund 1430.55
189 - Measure Z Fund 80
200 - Storm Drainage Fund 10920
210 - Solid Waste Fund 38.4
275 - RSTP Fund 152257
280 - Gas Tax Fund 450.15
Expense Approval Report Payment Dates: 11/24/2025 - 11/24/2025 Report Summary
Fund Summary
Fund Payment Amount
11/24/2025 4:35:38 PM Page 5 of 6
560-5500-0171 Department Supplies 12886
590-5500-5000 Department Supplies 85.74
590-7000-5000 Travel, Conferences & Training 140
Grand Total: 561724
Project Account Summary
Project Account Key Payment Amount
**None** 561724
550-6035-6700 Personnel Services 1009.67
550-6633-6600 Regulatory Compliance 173.86
550-7000-6600 Travel, Conferences & Training 1400
550-7000-6700 Travel, Conferences & Training 350
550-7015-6600 Dues & Subscriptions 66.24
550-8000-6600 Capital Outlay 57980
550-5520-6500 Base Materials 135.56
550-5555-6600 Plant Chemicals 14024.8
550-5557-6600 Lab Supplies 332.83
550-5705-6700 Equipment Maintenance 144.91
550-5720-6600 Equipment Repair 3200
550-5775-6700 Network Support 633.75
500-7015-6000 Dues & Subscriptions 66.24
500-8000-6000 Capital Outlay 57447.8
550-1310 Chemical Tank Deposits 0
550-5500-6500 Department Supplies 257.22
550-5500-6600 Department Supplies 2731.21
550-5500-6700 Department Supplies 31.5
500-6035-6300 Personnel Services 1009.67
500-6045-6000 Laboratory Services 247
500-6505-6000 Utility - General & Electric 257.44
500-6612-6000 Permits 545.84
500-7000-6300 Travel, Conferences & Training 630
500-7012-6100 Certification 65
500-5500-6300 Department Supplies 31.51
500-5520-6100 Base Materials 162.72
500-5525-6100 Asphalt 2869.78
500-5705-6300 Equipment Maintenance 144.91
500-5715-6100 Vehicle Repairs 17.03
500-5775-6300 Network Support 341.25
210-5752-5300 Illegal Dumping 38.4
275-6015-9653 General Contracting 152257
280-5500-4200 Department Supplies 197.73
280-6035-4200 Personnel Services 252.42
306-6020-5400 Legal Services 4110
500-5500-6100 Department Supplies 666.43
160-5705-5800 Equipment Maintenance 38.64
160-5706-5800 Equipment Lease 144.41
160-5740-5800 Building Repair and Maintenance 45.97
160-5775-5800 Network Support 341.25
189-5500-2000 Department Supplies 80
200-6612-4310 Permits 10920
120-7015-3000 Dues & Subscriptions 48.03
160-5500-5700 Department Supplies 111.44
160-5500-5800 Department Supplies 69.45
160-5547-5800 User Group Linen 21
160-5565-5800 Janitorial Supplies 160.39
160-5572-5800 Craft Faire 498
Expense Approval Report Payment Dates: 11/24/2025 - 11/24/2025 Account Summary
Account NumberAccount Name Payment Amount
120-6025-3000 Professional Services 337.5
Expense Approval Report Payment Dates: 11/24/2025 - 11/24/2025 Project Account Summary
Project Account Key Payment Amount
**None**
Grand Total: 561724
11/24/2025 4:35:38 PM Page 6 of 6
Consent Item 3c

STAFF REPORT
Council Consent Item
DATE: December 1, 2025
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, Human Resources Director/City Clerk THROUGH: Amy Nilsen, City Manager
SUBJECT: Approval of the Amended Full Time Classification and Pay Rate Schedule for Fiscal Year 2025-26, Resolution 2025-27
STAFF RECOMMENDATION:

Approve the Amended Classification and Pay Rate Schedule for full-time employees by adopting Resolution 2025-27.

EXECUTIVE SUMMARY:

On November 17, 2025, the City Council approved a Side Letter to the 2025-2027 Memorandum of Understanding (MOU) between the City of Fortna Police Employees Association.

The Side Letter includes the following amendment to the previously adopted MOU:

Section I: WAGES

1. Wage Adjustments
For Fiscal Year 2025-26 all Association employees currently employed by the City and scheduled for active shifts or on paid leave as of July 1, 2025, the City offers a one-time retention stipend, or ten percent of base pay, as show in the below chart to be paid in two lump sums, last pay period in July 2025 and first pay period in December 2025.

For Fiscal Year 2026-27 all Association employees currently employed by the City and scheduled for active shifts or on paid leave as of July 1, 2026, the City offers a one-time retention stipend as shown in the below chart to be paid in two lump sums, last pay period in July 2026 and first pay period in December 2026.

Records Clerk $ 4,900
Community Services Officer / Police Officer Trainee $ 5,200 Administrative Assistant III $ 5,600
Dispatcher $ 6,300
Consent Item 3c

Officer $ 6,800
Sergeant $ 8,200
Effective the pay period beginning December 14, 2025 and paid on January 2, 2026 and after adoption of this Side Letter by City Council, Officer and Sergeant employees shall receive a nine percent (9%) base salary increase.

Effective the second pay period in December 2026, Officer employees shall receive a nine (9%) base salary increase, and Sergeant employees shall receive a six percent (6%) base salary increase.

FISCAL IMPACT:

The total annual cost of these wage increases for the first year is $198,243. This will be partially offset by a payment to CalPERS in the amount of $1,500,000 using funds in the General Reserve.

By making an additional one-time payment of $1,500,000 it will reduce the interest cost to the City by approximately $130,000 annually, leaving approximately $68,243 in salary savings needed.

RECOMMENDED COUNCIL ACTION:

Motion to approve the amended Classification and Pay Rate Schedule for Full-time Employees for FY 2025-26 by adopting Resolution 2025-27. Consent Agenda vote.

ATTACHMENTS:
• Resolution 2025-27; A Resolution of the City Council of the City of Fortuna Amending the Full-time Classification and Pay Rate Schedule for Fiscal Year 2025-26 • Attachment “A” to the Resolution: Amended FY 2025-26 Full-time Pay Rate Schedule RESOLUTION 2025-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

AMENDING THE FULL-TIME CLASSIFICATION AND PAY RATE SCHEDULE FOR FISCAL YEAR 2025-26
WHEREAS, the City Council has established a Classification and Pay Rate Schedule for Fiscal Year 2025-26 for all full-time employees; and
WHEREAS, this Full-time Pay Rate Schedule shall reflect the proposed amendments for Fiscal Year 2025-26; and
WHEREAS this Pay Rate Schedule will be effective December 14, 2025 and WHEREAS, this Resolution shall supersede all previous full-time Classification and Pay Rate Schedules.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fortuna that all appointed officers and employees shall be compensated as shown in “Attachment A” of this Resolution.

PASSED AND ADOPTED on this 1st day of December 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Mike Johnson, Mayor
ATTEST:
___________________________
Buffy L. Gray, Deputy City Clerk
FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
305 Bus Driver II (1) F20 Yr: 38,212.09 39,740.57 41,330.20 42,983.41 44,702.74 46,490.85 306 Conference Center Coordinator (1) Hr: 21.6132 22.4778 23.3769 24.3119 25.2844 26.2958 320 Facility Custodian (1)
325 Park Maintenance Worker II (1)
312 Account Clerk II (1) F21 Yr: 39,440.54 41,018.17 42,658.89 44,365.25 46,139.86 47,985.45 326 Street Maintenance Worker II (1) Hr: 22.3080 23.2004 24.1284 25.0935 26.0973 27.1411 334 Records Clerk (2) F22 Yr: 40,604.18 42,228.35 43,917.48 45,674.18 47,501.15 49,401.20 Hr: 19.5213 20.3021 21.1142 21.9588 22.8371 23.7506
338 Administrative Assistant II (1) F23 Yr: 40,286.71 41,898.18 43,574.11 45,317.07 47,129.76 49,014.95 Hr: 22.7867 23.6981 24.6460 25.6319 26.6572 27.7234
313 Recreation Program Supervisor (4) F24 Yr: 40,681.68 42,308.95 44,001.31 45,761.36 47,591.81 49,495.48 Hr: 23.0101 23.9305 24.8877 25.8832 26.9185 27.9952
327 Utility Worker II (1) F25 Yr: 41,371.20 43,026.05 44,747.09 46,536.97 48,398.45 50,334.39 Hr: 23.4000 24.3360 25.3095 26.3219 27.3747 28.4697
350 Community Services Officer II (2) F26 Yr: 43,056.35 44,778.61 46,569.75 48,432.54 50,369.84 52,384.64 351 Police Officer Trainee (2) Hr: 20.7002 21.5282 22.3894 23.2849 24.2163 25.1850 352 Park Maintenance Worker III (1) F27 Yr: 42,472.71 44,171.62 45,938.48 47,776.02 49,687.06 51,674.54 356 Accounting Technician (1) Hr: 24.0231 24.9840 25.9834 27.0227 28.1036 29.2277 353 Street Maintenance Worker III (1) F28 Yr: 43,240.36 44,969.98 46,768.78 48,639.53 50,585.11 52,608.51 365 Treatment Plant Operator I/OIT (1) Hr: 24.4573 25.4356 26.4530 27.5111 28.6115 29.7560 367 Administrative Assistant III (2) F29 Yr: 46,309.55 48,161.93 50,088.41 52,091.95 54,175.62 56,342.65 Hr: 22.2643 23.1548 24.0810 25.0443 26.0460 27.0879
354 Utility Worker III (1) F30 Yr: 45,604.74 47,428.93 49,326.08 51,299.13 53,351.09 55,485.14 Hr: 25.7946 26.8264 27.8994 29.0154 30.1760 31.3830
Classification
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Attachment "A" to Resolution 2025-27
FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
376 Facility Maintenance Worker III (1) F31 Yr: 46,435.03 48,292.43 50,224.13 52,233.09 54,322.42 56,495.32 Hr: 26.2642 27.3148 28.4074 29.5437 30.7254 31.9544
382 Vehicle & Equip Mechanic (1) F32 Yr: 47,265.33 49,155.94 51,122.18 53,167.06 55,293.75 57,505.50 Hr: 26.7338 27.8032 28.9153 30.0719 31.2748 32.5258
370 Treatment Plant Operator II (1) F33 Yr: 47,778.43 49,689.57 51,677.15 53,744.24 55,894.01 58,129.77 Hr: 27.0240 28.1050 29.2292 30.3984 31.6143 32.8789
387 Police Dispatcher II (2) F34 Yr: 51,377.25 53,432.33 55,569.63 57,792.41 60,104.11 62,508.27 Hr: 24.7006 25.6887 26.7162 27.7849 28.8963 30.0521
384 Lead Park Maintenance Worker (1) F35 Yr: 49,890.38 51,886.00 53,961.44 56,119.90 58,364.69 60,699.28 389 Senior Administrative Assistant - CD (1) Hr: 28.2186 29.3473 30.5212 31.7421 33.0118 34.3322 390 Senior Administrative Assistant - PW (1)
375 Conference Center Manager (4) F36 Yr: 50,379.51 52,394.69 54,490.47 56,670.09 58,936.90 61,294.37 391 Sr Administrative Assistant / Deputy City Clerk (3) Hr: 28.4952 29.6351 30.8205 32.0533 33.3354 34.6688 380 Lead Street Maintenance Worker (1) F37 Yr: 50,788.43 52,819.97 54,932.77 57,130.08 59,415.28 61,791.89 400 Building Inspector (1) Hr: 28.7265 29.8756 31.0706 32.3134 33.6060 34.9502 398 Treatment Plant Operator III (1) F38 Yr: 51,979.20 54,058.37 56,220.70 58,469.53 60,808.31 63,240.64 401 Lead Vehicle & Equip Mechanic (1) Hr: 29.4000 30.5760 31.7991 33.0711 34.3939 35.7696 381 Lead Utility Worker (1) F39 Yr: 53,627.69 55,772.80 58,003.71 60,323.86 62,736.82 65,246.29 404 Laboratory Director (1) Hr: 30.3325 31.5458 32.8076 34.1199 35.4847 36.9041 405 Planner II (4) F40 Yr: 54,153.46 56,319.59 58,572.38 60,915.27 63,351.88 65,885.96 406 Building Inspector II (1) Hr: 30.6298 31.8550 33.1292 34.4544 35.8326 37.2659 408 Police Officer (2) F41 Yr: 60,570.89 62,993.73 65,513.48 68,134.02 70,859.38 73,693.75 Hr: 29.1207 30.2855 31.4969 32.7568 34.0671 35.4297
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
403 Treatment Plant Operator III/Shift Supervisor (1) F42 Yr: 56,073.89 58,316.84 60,649.52 63,075.50 65,598.52 68,222.46 Hr: 31.7160 32.9847 34.3041 35.6762 37.1033 38.5874
422 Engineering Tech II (4) F43 Yr: 58,235.36 60,564.77 62,987.36 65,506.86 68,127.13 70,852.22 430 Finance Office Supervisor (4) Hr: 32.9386 34.2561 35.6264 37.0514 38.5335 40.0748 432 Payroll/Benefits Administrator (3)
440 Police Sergeant (2) F47 Yr: 73,390.08 76,325.68 79,378.71 82,553.86 85,856.01 89,290.25 Hr: 35.2837 36.6951 38.1629 39.6894 41.2770 42.9281
450 Senior Planner (4) F54 Yr: 71,248.15 74,098.07 77,062.00 80,144.48 83,350.26 86,684.27 458 Building Official (4) Hr: 40.2988 41.9107 43.5872 45.3306 47.1439 49.0296 460 General Services Superintendent (4)
462 Utility Superintendent (4)
463 Chief Treatment Plant Operator (4)
465 Parks and Recreation Director (4)
480 Deputy City Engineer (4) F60 Yr: 79,568.74 82,751.49 86,061.54 89,504.01 93,084.17 96,807.53 Hr: 45.0050 46.8052 48.6774 50.6245 52.6495 54.7554
472 Lieutenant (4) F61 Yr: 81,138.75 84,384.30 87,759.67 91,270.06 94,920.86 98,717.69 Hr: 39.0091 40.5694 42.1922 43.8799 45.6351 47.4605
464 City Clerk/Human Resource Manager (5) F65 Yr: 88,110.02 91,634.42 95,299.80 99,111.79 103,076.26 107,199.31 Hr: 49.8360 51.8295 53.9027 56.0588 58.3011 60.6331
486 Community Development Director (4) F66 Yr: 88,465.49 92,004.11 95,684.27 99,511.65 103,492.11 107,631.80 Hr: 50.0371 52.0386 54.1201 56.2849 58.5363 60.8778
488 Public Works Director (4) F70 Yr: 101,116.76 105,161.43 109,367.89 113,742.60 118,292.31 123,024.00 Hr: 57.1928 59.4805 61.8597 64.3341 66.9075 69.5838
490 Finance Director (5) F72 Yr: 107,262.31 111,552.81 116,014.92 120,655.51 125,481.74 130,501.00 Hr: 60.6688 63.0955 65.6193 68.2441 70.9739 73.8128
Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) FY 2025-26 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
495 Police Chief (5) F97 Yr: 148,000.00
Hr: 71.1539
499 City Manager (5) F99 Yr: 164,800.00
Hr: 93.2127
KEY:
(1) Represented; Fortuna Employees Association (4) Unrepresented; Management Group (2) Represented; Fortuna Police Employees Association (5) Unrepresented; Individual Contract (3) Unrepresented; Confidential Group
* NOTE: The Payroll Department will be paying based on the Hourly Pay as shown in this schedule. Yearly pay is shown for informational purposes only and may, due to rounding, differ slightly from Hourly Pay.

Adopted By Council at 6-16-25 Meeting (Effective 6-29-25) Adopted By Council at 6-16-25 Meeting (Effective 7-1-25) Adopted By Council at 12-1-25 Meeting (Effective 12-14-25) Business Item 4a

STAFF REPORT
Council Business Item
DATE: December 1, 2025
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Authorize City Manager to Execute a $1,500,000 Supplemental Budget Request for an Additional Discretionary Payment to the California Public Employee’s Retirement System (CalPERS) Pension Trust
STAFF RECOMMENDATION:

Authorize City Manager to execute a Supplemental Budget Request in the amount of $1,500,000 to be paid to the CalPERS Pension Trust to recognize interest payment savings and waive the 180 days of operating reserves policy for FY 25-26.

EXECUTIVE SUMMARY:

The City Council, as part of the Side Letter Negotiations with the FPEA, requested staff bring forward an item to Council to pay down the Cities liabilities with CalPERS to recognize annual interest payment savings. The goal was to have these annual interest payment savings go toward reducing the overall cost burden of the pay increases provided to sworn officers and sergeants.

BACKGROUND:

Unfunded long-term liabilities for employee pension plans continue to be one of the biggest fiscal issues facing local municipalities. In fiscal year 2018-19 staff identified and reviewed a number of potential strategies to address the unfunded pension liabilities including pros and cons of each strategy with the Council. It was determined that making additional discretionary payments when the City was able to, was the best strategy, and in Fiscal Years (FY) 2018-19, 2020-21, 2021-22, 2022-23, and 2024-25, the Council gave direction to staff to make additional discretionary payments to CalPERS to help “smooth” the future mandated unfunded liability payments. This report includes a recap of the pension plan and a discussion of the status and history of the unfunded liabilities.

New accounting standards dramatically impacted local government financial statements by requiring the net pension liability be reported as a liability on the City’s Statement of Net Position; thereby, reducing the City’s financial net position (assets in excess of liabilities). Prior to the change in accounting standards the long-term liability amounts referred to as unfunded accrued actuarial liability were not included on the City’s balance sheet. Annual payments for pension costs were paid on a “pay-as-you-go” basis, therefore no additional accrued actuarial expenses were added to City pension costs and there was no additional liability reported on the balance sheet. The addition of these unfunded long-term liabilities to the entity-wide financial statements Business Item 4a

brought these liabilities to the forefront amongst public officials and can have an effect on the City’s ability to secure future credit (loans, bonds etc.).

CITY PLANS:

City of Fortuna permanent full-time employees participate in the CalPERS retirement system.

Sworn employees are covered under the Safety Plan, while all other employees are covered in the Miscellaneous Plan, both of which are a part of the statewide pool. A pooled plan was required by California law for those agencies who had fewer than 100 active members. These assets and liabilities are pooled with all other safety and miscellaneous plans in the State with fewer than 100 active members to provide a large, risk sharing pool. This risk sharing dramatically reduces large fluctuations in an employer’s pension contribution rate caused by unexpected local demographic events.

Depending on an employee’s position and hire date, a City employee is included in one of the six possible plans in the table below:

Plan Miscellaneous Safety
Classic Members (Employees Hired Prior to
March 1, 2012) 2.7% @ 55 3.0% @ 50
Tier 2 Plan (Effective March 1, 2012) 2.0% @ 55 3.0% @ 55 PEPRA Plan (Effective Jan 1, 2013) 2.0% @ 62 2.7% @ 57
CALPERS FUNDING REVIEW:

The CalPERS retirement system is funded by three main categories: (1) CalPERS Investment Earnings, (2) employer contributions to CalPERS, (3) employee contributions to CalPERS.

CalPERS reports that over the past twenty years every dollar spent on public employee pensions has been sourced from the following as of June 30, 2024 • 55 cents – CalPERS Investment Earnings
• 34 cents – Employer Contributions to CalPERS
• 11 cents – Employee Contributions to CalPERS
As of Fiscal Year 2023-24, CalPERS announced the following average returns on its investment portfolio:
• 6.6% percent over the past five years
• 6.2% over the past ten years
• 6.7% over the past twenty years
PENSION FUND STABILITY INITIATIVES:

Over the past decade CalPERS has taken steps to stabilize and improve the system’s fiscal strength and lower future risk to the pension trust’s sustainability.

In November 2012, California voters passed the Public Employees’ Pension Reform Act (PEPRA) providing that new employees hired after January 1, 2013, are required to contribute more to their pensions and must also work longer before they can retire and begin to receive the benefits promised by their employers.

Business Item 4a

Effective during the 2014-15 fiscal year the expected rate of return on CalPERS pension fund’s investments referred to as the “discount rate” was reduced from 7.75% to 7.5%. In December 2016, CalPERS voted to lower its discount rate in steps beginning in FY 2018-19 from 7.5% to

7.0%. CalPERS again voted to lower the discount rate to 6.8% in July 2021. Lowering the discount rate impacts local governments because with lower expected returns over time, this will require contribution rates to increase to provide sufficient assets to pay pension benefits.

FORTUNA UNFUNDED LIABILITY STATUS:

As of June 30, 2024, the City of Fortuna’s proportionate share of the net pension liability for each plan is shown in the table below:
1% Decrease
(5.90%)
Current Discount
Rate (6.90%)
1% Increase
(7.90%)
Miscellaneous Plan $ 9,122,479 $ 5,271,996 $ 2,102,481
Safety Plan $ 7,818,018 $ 4,953,488 $ 2,610,706
Total $ 16,940,497 $ 10,225,484 $ 4,713,187
In FY 2017-18, the City of Fortuna was mandated by CalPERS to pay $427,958 towards the City’s proportionate share of the unfunded liability. For FY 2025-26 the mandated payment was $910,918. An overall increase of 113% in eight years.

FUTURE PROJECTED UNFUNDED LIABILITY PAYMENTS:

Fiscal Year Payment Fiscal Year Payment
25-26 $ 941,380 35-36 $ 1,130,493
26-27 $ 1,061,606 36-37 $ 883,709
27-28 $ 1,105,824 37-38 $ 703,078
28-29 $ 1,230,523 38-39 $ 625,912
29-30 $ 1,233,215 39-40 $ 563,426
30-31 $ 1,230,877 40-41 $ 520,517
31-32 $ 1,252,724 41-42 $ 438,884
32-33 $ 1,238,067 42-43 $ 358,228
33-34 $ 1,221,969 43-44 $ 519,574
34-35 $ 1,187,602
The chart above shows that the mandated liability payment is projected to increase by over $300,000 by fiscal year 2031-32.

ANALYSIS OF UNFUNDED LIABILITY STRATEGY:

The strategy to make Additional Discretionary Payments (ADP) offers the following benefits:
• The City’s additional payments are discretionary as to time and amount of payment, providing flexibility if future circumstances allow for higher, lower or perhaps no payments for that particular fiscal year.
• The City would be initially credited with the CalPERS’ assumed ROR. For FY 2025-26 the rate is set at 6.8%. Under CalPERS practices, additional contributions would be applied evenly over a period of time (can be chosen by the City).

Business Item 4a

• Functions like a homeowner making additional mortgage principal payments, this strategy provides flexibility and if the City commits to a funding strategy with regular pay-downs, the unfunded liability could be retired ahead of the scheduled amortization period by a number of years.
• Greater average return (6.2% average return last 10 years) than can be achieved through City’s investment policy and practices (1.81% average return for LAIF).

This approach offers the following risks:
• The primary drawbacks to making additional contributions directly to CalPERS are that the City would have less flexibility, as the City would not control the timing of when funds would be applied.
• CalPERS has stated that once monies are paid into the pension trust, they are never returned back to the City. Future assets in excess of liabilities, should they occur, will not be refunded back to the City.
• City receives interest on additional discretionary payments in tandem with what CalPERS earns, which can be volatile. Below is a list of the last ten years earnings rate:

Year Rate Year Rate
2024 9.3% 2019 6.70%
2023 5.8% 2018 8.60%
2022 - 6.1% 2017 11.20%
2021 21.3% 2016 0.60%
2020 4.70% 2015 2.40%
Given the magnitude of the projected increases, the long-term fiscal sustainability of the City depends upon taking prudent, meaningful, and swift actions to address the City’s pension obligations.

FINANCIAL IMPACT:

The $1,500,000 would be required to be taken from General Fund reserves. General Fund reserves would be approximately $5,000,000 with $1,000,000 of that anticipated to be needed for the coming General Plan Update which would leave $4,000,000 available. The City’s adopted reserve policy states keeping 180 days of operating expenditures on hand, which equates to $4,200,000.

The $4,000,000 available will be below this amount by $200,000. Council will need to waive the stated 180 days of operating reserve policy for FY 25-26 in order to make the payment.

The table below shows future mandated payments if the recommended Additional Discretionary Payment is made to CalPERS.

Business Item 4a

The $1,500,000 ADP will result in an estimated $1,247,313 in interest payment savings. The annual amount saved will start at approximately $130,000 beginning in FY 26-27.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff;

2. Open public comment;

3. Close public comment;

4. Motion to Authorize City Manager to execute a Supplemental Budget Request, make an additional Discretionary Payment in the amount of $1,500,000 to be paid to the CalPERS Pension Trust, and waive the 180 days of operating reserve policy for FY 25-

26. Voice vote.

Fiscal Year Total Mandated
Payment wo/ADP
Total Payment
w/ADP
Difference
(Negative amount
represents
savings)
26-27 $ 1,061,606 $ 930,119 $ (131,487)
27-28 $ 1,105,824 $ 971,289 $ (134,535)
28-29 $ 1,230,523 $ 1,092,848 $ (137,675)
29-30 $ 1,233,215 $ 1,092,318 $ (140,897)
30-31 $ 1,230,877 $ 1,086,667 $ (144,210)
31-32 $ 1,252,724 $ 1,105,110 $ (147,614)
32-33 $ 1,238,067 $ 1,086,948 $ (151,119)
33-34 $ 1,221,962 $ 1,067,242 $ (154,720)
34-35 $ 1,187,602 $ 1,036,522 $ (151,080)
35-36 $ 1,130,493 $ 983,356 $ (147,137)
36-37 $ 883,709 $ 740,833 $ (142,876)
37-38 $ 703,078 $ 564,807 $ (138,271)
38-39 $ 625,912 $ 492,593 $ (133,319)
39-40 $ 563,426 $ 427,005 $ (136,421)
40-41 $ 520,517 $ 357,094 $ (163,423)
41-42 $ 438,884 $ 215,483 $ (223,401)
42-43 $ 358,228 $ 185,761 $ (172,467)
43-44 $ 519,574 $ 322,912 $ (196,662)
Total $ 16,506,221 $ 13,758,908 $ (2,747,313)
Business Item 4b

STAFF REPORT
Council Business Item
DATE: December 1, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2025-778; Adding Chapter 8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person
STAFF RECOMMENDATION:

Consider conducting a second reading and adopt, by title only, Ordinance 2025-778, which adds Chapter 8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person.

INTRODUCTION:

Nitrous oxide, commonly used as a medical anesthetic and a propellant in whipped cream dispensers, is increasingly misused as a recreational inhalant. Its unregulated sale and misuse, particularly by youth, presents an urgent public health concern. This ordinance aims to address the availability and misuse of nitrous oxide by establishing comprehensive regulations for its sale, possession, and distribution in the City of Fortuna. This ordinance reinforces the City's commitment to protecting the health and safety of its residents by limiting access to substances known to cause harm when misused, while preserving access for legitimate purposes.

BACKGROUND:

Nitrous oxide, also known as "laughing gas," is a colorless, nonflammable gas that has both legitimate and illegitimate uses. While it is widely used in food preparation and medical or dental care, it has also gained popularity as a recreational inhalant. Despite existing state laws prohibiting inhalation for intoxication purposes and restricting sales to minors, the product remains easily accessible in large quantities and is frequently misused in unsupervised and unsafe ways. This has become a growing public health concern in the City of Fortuna, particularly among young people. The recreational use of nitrous oxide, particularly among adolescents, is linked to a range of severe health risks including nerve damage, cognitive impairments, psychosis, and in some cases, death. A 2025 study published in The Lancet found that youth as young as 14 can suffer irreversible neurological damage from recreational nitrous oxide use. In Humboldt County, the 2021–2023 California Healthy Kids Survey reported that 11% of 7th and 11th grade students had used inhalants, with evidence of initiation occurring as early as 5th grade. Nitrous oxide is often sold in small metal cylinders or “whip-its,” which are readily available in smoke shops and convenience stores, including near schools and public recreation areas. The lack of clear regulatory authority for local jurisdictions to manage retail sales of nitrous oxide has contributed to increased access and normalization of its recreational use.

Business Item 4b

The City Council received Nitrous Oxide presentations from the County of Humboldt Public Health staff on August 18 and again on October 6. The City Council directed staff to return with an ordinance banning the use of nitrous oxide which was presented to your Council on November 17.

At this time, the below is a list of actions taken by local jurisdictions. • County of Humboldt - Unincorporated County: Nitrous Oxide ordinance and TRL amendment (revocation of tobacco license for selling NO) were adopted on June 3, 2025 and took effect on July 3, 2025
• Arcata: Nitrous Oxide ordinance was adopted on June 4, 2025 and took effect in July • Rio Dell: Nitrous Oxide ordinance adopted on June 17, 2025 and took effect in July. • Ferndale: Nitrous Oxide ordinance adopted July 16, 2025 and took effect in August. • Eureka: Nitrous Oxide ordinance and Tobacco Retail Licensing (TRL) ordinance become effective January 1, 2026.

During the November 17 City Council discussion on Nitrous Oxide a motion was made to amend the ordinance to include language allowing a food distributor to distribute nitrous oxide to a food preparation facility for use in the preparation of food, such as a restaurant. The language below has been included in the ordinance.
• This section does not apply to the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food preparation facility located in the City of Fortuna, provided the transaction is documented by an invoice stating the date, time, quantity, and type of nitrous oxide product delivered and certified by the food preparation facility individual in charge on site that the product has been received by that facility solely for the purposes of food preparation. Each invoice must be retained by the food preparation facility and the wholesale distributor and is subject to inspection by the City for a period of three years from the date of transaction.

This ordinance will become effective 30 days from today’s date.

DISCUSSION:

Ordinance 2025-778 seeks to close existing legal loopholes by establishing a local prohibition on the sale, offer, distribution, or provision of nitrous oxide and related devices, except in cases where the product is:

1. Contained in food products for use as a propellant.

2. Administered for legitimate medical or dental purposes under supervision of licensed practitioners.

3. Dispensed by a licensed pharmacy or pharmacist.

4. Distributed by a wholesaler or manufacturer regulated under specified NAICS codes.

5. Distributed by a food wholesaler to a food preparation facility.

Violations of the ordinance will be treated as misdemeanors, subject to penalties including fines or jail time, and may also be enforced through nuisance abatement or administrative citation processes already established in the Fortuna Municipal Code.

Business Item 4b

The ordinance is modeled on similar efforts in California cities and counties and is intended to protect community health without placing an undue burden on businesses engaged in lawful sales of unrelated products.

FISCAL IMPACT:

There is no anticipated significant fiscal impact associated with adoption of this ordinance.

Enforcement may be conducted within existing staffing and budgetary allocations.

ALTERNATIVE TO STAFF RECOMMENDATION:

City Council could choose not to conduct the second reading of the ordinance. This is not recommended as nitrous oxide is a product has documented increasing recreational use, particularly among youth, and causes severe neurological damage. In addition, this would be inconsistent with prior City Council direction to staff to not approve the ordinance.

RECOMMENDED COUNCIL ACTION:

1. Receive a staff report presentation and review questions with staff.

3. Open public comment.

4. Close public comment.

5. Motion to conduct a second reading and adopt Ordinance 2025-778 and read by title only. Roll call vote.

ATTACHMENTS:

Attachment A – Ordinance 2025-778 An Ordinance of the City Council of the City of Fortuna Adding Chapter 8.45 to Title 8, Making it Unlawful for Any Person in the City to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person.

Ordinance 2025-778

ORDINANCE 2025-778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA ADDING CHAPTER 8.45 TO TITLE 8, MAKING IT UNLAWFUL FOR ANY PERSON

IN THE CITY TO SELL, OFFER, DISTRIBUTE, OR PROVIDE NITROUS OXIDE TO

ANY PERSON

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORTUNA AS FOLLOWS:

WHEREAS, nitrous oxide use continues to be an urgent public health challenge; and WHEREAS, medical authorities have linked the recreational use of nitrous oxide to serious health problems, including physical illness, mental illness, injury, and even death and WHEREAS, nitrous oxide continues to gain popularity at an alarming rate, especially among college-aged, high school-aged, and middle school-aged children; and WHEREAS, nitrous oxide has legitimate purposes, including its use in cooking and cake decorating, and is commonly known to boost performance in automobiles. However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug; and WHEREAS, the California Penal Code, Section 381b, makes it a misdemeanor for anyone to intentionally inhale or ingest nitrous oxide for the purpose of causing intoxication, and anyone who is so intoxicated is also guilty of a misdemeanor; and WHEREAS, the California Penal Code, Section 381c, makes it a misdemeanor to sell or distribute nitrous oxide to anyone under the age of 18 (unless administered by and for medical or dental purposes by a licensed practitioner); and
WHEREAS, the California Penal Code, Section 381e, requires that anyone dispensing or distributing nitrous oxide must inform the purchaser that it is a violation of state law to knowingly distribute or dispense nitrous oxide to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication; and
WHEREAS, in spite of the state law prohibitions, there are loopholes that allow the distribution of nitrous oxide cartridges in quantities of many hundreds at a time without meaningful oversight, which puts members of the community at risk; and
WHEREAS, eliminating the sale and distribution of nitrous oxide in the City of Fortuna will reduce the number of persons in possession of and who use nitrous oxide as an intoxicating drug and will promote the public health, safety, and welfare; and WHEREAS, the City has the duty to protect the health, safety, and welfare of all its citizens and takes nitrous oxide abuse seriously; and
Ordinance 2025-778

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and are hereby adopted as findings of the City Council.

SECTION 2. The Fortuna Municipal Code is hereby amended to add Chapter 8.45 to Title 8, entitled “Sales of Nitrous Oxide,” to read as follows:

CHAPER 8.45 SALES OF NITROUS OXIDE.

8.45.010 DEFINITIONS. The following words and phrases as used in this section are defined as follows.

A. DEVICE. “Device” means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.

B. NITROUS OXIDE. “Nitrous oxide” means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called, “laughing gas.”
C. PERSON. “Person” refers to any individual or other entity howsoever organized or constituted.

8.45.020 SALE OR DISTRIBUTION OF NITROUS OXIDE.

It is unlawful for any person not excepted hereafter to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide.

8.45.030 EXCEPTIONS.

This Chapter does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains a quantity of nitrous oxide, in the following circumstances:

1. This section does not apply to the sale of Nitrous Oxide contained in food products for use as a propellant.

2. If the nitrous oxide is being administered for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

3. If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

4. This section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).

Ordinance 2025-778

5. This section does not apply to the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food preparation facility located in the City of Fortuna, provided the transaction is documented by an invoice stating the date, time, quantity, and type of nitrous oxide product delivered and certified by the food preparation facility individual in charge on site that the product has been received by that facility solely for the purposes of food preparation. Each invoice must be retained by the food preparaton facility and the wholesale distributor and is subject to inspection by the City for a period of three years from the date of transaction.

8.45.040 VIOLATIONS AND PENALTIES.

Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail of up to six months or by a fine of one thousand dollars ($1,000.00), or both.

The City Council further declares that any condition caused or permitted to exist in violation of any of the provisions of this chapter constitute a public nuisance in accordance with Section

8.16.060 et seq of the Fortuna Municipal Code. The City may require abatement of such nuisance and recover costs of abatement as provided by law.

The City may also impose administrative citations for violations of this chapter in accordance with the City’s Administrative Citations code, Chapter 1.09.

SECTION 3. CEQA DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.

SECTION 4. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 5. PUBLICATION. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Humboldt County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.

SECTION 6. EFFECTIVE DATE. This Ordinance will be effective 30 days after the date of its adoption by the City Council.

INTRODUCTION AND FIRST READING CONDUCTED at a regular meeting of the Fortuna City Council on this 17th day of November 2025 by the following vote:

AYES: Council Members Conely, Diaz, Mayor Pro Tem Trent, Mayor Johnson NAYS: Council Member Stevens
ABSENT:None
ABSTAIN:None
______________________________
Mike Johnson, Mayor
Ordinance 2025-778

ATTEST:
______________________________
Siana L. Emmons, City Clerk
SECOND READING AND ADOPTION CONDUCTED at a regular meeting of the Fortuna City Council on this 1st day of December 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
______________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Buffy L. Gray, Deputy City Clerk

STAFF REPORT
Council Business Item
DATE: December 1, 2025
TO: Honorable Mayor and Council Members
FROM: Michelle Nielsen, Contract City Planner
THROUGH: Amy Nilsen, City Manager
SUBJECT: Public Hearing and First Reading for the Adoption of Ordinances to Amend the Zoning Regulations, Title 17 of the Fortuna Municipal Code, and the Zoning Map.

STAFF RECOMMENDATION

1. Introduce and conduct the first reading of Ordinance 2025-779 – Amending chapters 17.03,

17.06, and 17.08 of the Municipal Code to Implement Programs H-12 and H-8 of the 6th cycle Housing Element.

2. Introduce and conduct the first reading of Ordinance 2025-780 – Amending Section 17.02.030 of the Municipal Code (Zoning Map) and Section 17.04.090 (Qualified combining zone) to implement the Mill District Specific Plan and Program H-10 of the 6th cycle Housing Element.

Ordinance 2025-780 will specify the principal and conditional uses in Area A, Area B, and Area C.

PROJECT INFORMATION:

Project: Adoption of amendments to the Zoning Regulations, Title 17 of the Fortuna Municipal Code, and the Zoning Map to implement the Housing Element and Mill District Specific Plan, and address changes in state housing law.

Applicant: City of Fortuna
Project Site: Citywide including areas zoned with Q-2 and Q-16 combining zones Zoning Districts: Residential Multifamily (R-M) and Commercial Thoroughfare (CT) General Plan
Land Use:

Residential High (RH), Residential Medium (RM) and Mill District (MD)

EXECUTIVE SUMMARY
In 2019, the Fortuna City Council adopted the City’s 2019-2027 Housing Element which provides a multi-year roadmap for meeting the City’s current and future housing needs. The Element establishes goals, policies, and implementation measures (also called programs) for new housing considering local needs, and statewide mandates and priorities. The Housing Element has three programs that require changes to the Municipal Code, but these programs have not been completed. The three programs encourage new housing development for lower income households and special needs populations.

Additionally, the adoption of the Mill District Specific Plan (MDSP) in March 2025 amended the Fortuna General. The MDSP includes rezoning of the existing residential area that is within the MDSP planning area.

After holding a duly noticed public hearing on October 28, 2025, the Planning Commission (PC) unanimously approved Resolution P-2025-3137, recommending that the City Council adopt amendments to the Zoning Regulations and the Zoning Map.

As recommended by the PC, Ordinance 2025-779 proposes to amend the text of the Zoning Regulations (Title 17 of the Fortuna Municipal Code) to implement Program H-12 and Program H-18 of the 2019 Housing Element to achieve consistency with the Housing Element and current state housing element law.

Also as recommended by the PC, Ordinance 2025-780 proposes to amend the Zoning Map to rezone the residential neighborhood in the northeast corner of the MDSP planning area. In addition to rezoning the residential area in accordance with the MDSP, Ordinance 2025-780 proposes to rezone two residential areas to implement Program H-10 of the Housing Element. More specifically, the recommended amendments to the Zoning Map will modify two existing Qualified combining zones (in Attachment 4) in specific areas covered by two Qualified combining zones (or Q- zones):

1. Ordinance 88-532 Z. This Qualified Combining Zone is referred to as “Q-2”.

2. Ordinance 2002-633 Z. This Qualified Combining Zone is referred to as “Q-16”.

The importance of completing the amendments that implement the Housing Element is further highlighted by a letter of inquiry from the State Department of Housing and Community Development (HCD) received by the City on May 23, 2025, requesting a status update on the City’s Housing Element Program Implementation. City staff responded to HCD and committed to completing the changes to the zoning regulations directed by the Housing Element Programs H10, H-12, and H-18 before the end of 2025.

ZONING TEXT AMENDMENTS
The proposed text amendments to the Zoning Regulations (Attachment 2) will implement Housing Element Programs H-12 and H-18 by updating those portions of the Zoning Regulations that are currently inconsistent with state housing element law to be consistent with current requirements.

Housing Element Program H-12
Program H-12 focuses on allowances for Transitional and Supportive Housing. This Program states that:
…transitional and supportive housing types will be allowed as permitted uses subject to only the same restrictions on residential uses contained in the same type of structure. Additionally, supportive housing will be allowed as a permitted use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.

To implement Program H-12, the Zoning Regulations are proposed to be changed to allow supportive and transitional housing to be permitted in the same manner as other residential dwellings of the same type in the same zone. Additionally, the definitions in chapter 17.08 Fortuna Municipal Code (FMC) related to supportive and transitional housing are proposed to be updated to be consistent with state law.

Program H-12 also includes a commitment to add a new type of housing to the Zoning Regulations:

Supportive Housing Developments. Amending the Zoning Regulations to include this new housing type will achieve consistency with state law by implementing SB 744 (2019), a statewide mandate that applies to all California cities and counties. state law1 requires this type of housing to be permitted as “…a by right use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses”.2 For Fortuna, this means the following zoning districts: Residential Multifamily (R-M), Neighborhood Commercial (N-C), Retail Commercial (R-C), Commercial Thoroughfare (C-T), Light Industrial (M-1), and Heavy Industrial (M-2). State law requires cities and counties to allow supportive housing developments that meet the standards specified in state law, while not giving cities and counties latitude to modify the standards.

Therefore, to complete the implementation of Program H-12, it is necessary to add standards for Supportive Housing Developments to chapter 17.06 that align with state law.

Housing Element Program H-18
Program H-18 focuses on the City’s Reasonable Accommodation Procedure. The adoption of Ordinance 2024-769 in January 2025 accomplished most of the commitments of this program by adding reasonable accommodation procedures to the Zoning Regulations. Program H-18 includes a commitment to update the definition of family to state “one or more persons living together in a dwelling unit” which has not yet been implemented. Accordingly, the changes to the Zoning Regulations propose updating the definition of family in FMC 17.08.240, which will complete the commitments of Program H-18.

ZONING MAP AMENDMENTS
Figure 1 below identifies the three areas that are proposed to be zoned Multifamily Residential with a Qualified combining zone. These three areas are labeled as Area A, Area B, and Area C, and are mapped in Figure 1 below. Table 1 identifies which General Plan document is implemented by the proposed Zoning Map, and provides an overview of the existing and proposed zoning by area.

Table 1
Area A Area B Area C
General Plan
document
implemented
Mill District
Specific Plan
(MDSP)
6th cycle Housing
Element, Program H-10
6th cycle Housing
Element, Program H-10
Existing
Zoning
R-M-Q-2 and C-T R-M-Q-2 R-M-Q-16
Proposed
Zoning
R-M-Q: the Q-zone
as established by
Ord. 2025-780
R-M-Q: the Q-zone as
established by Ord.
2025-780
R-M-Q: the Q-zone as
established by Ord.
2025-780
The rationale for rezoning Area A, Area B, and Area C to be Residential Multiple Family with a new Qualified combining zone (R-M-Q) is due to 1) the intent of Housing Element Program H1 See California Gov’t Code Sections 65650–65656. 2 See California Gov’t Code Section 65651, subdivision (a). 10; and 2) the existing development in Area A. The basis for applying a new Qualified combining zone to these areas is explained further below. Two key points of the proposed Qualified combining zone are:
• Single family dwellings will continue to be permitted by right. • Multifamily developments in which at least 20 percent of the units are affordable to lower income households will be permitted by right, and conditionally permitted uses include multifamily housing developments in which less than 20 percent of the units, excluding a designated manager’s unit, are not affordable to lower income households.

Figure 1. Areas to be rezoned
The Purpose of Housing Element Program H-10
The proposed amendments to the Zoning Map implement Program H-10. One key priority of the Housing Element is removing governmental constraints to new housing development that is affordable to lower income households. To reduce identified constraints, the City Council adopted Housing Element Program H-10, which commits the City to change the Zoning Regulations and Zoning Map to allow multifamily residential use by‑right on all sites zoned Multifamily Residential (R-M) with a General Plan designation of Residential High (RH). This by right (without discretionary review) allowance is targeted to housing developments in which at least 20 percent of the units are affordable to lower income households, and is intended to incentivize development of affordable housing, and to comply with the requirements of California Gov’t Code § 65583.2(c).

New multifamily housing development is constrained in the Q-2 and Q-16 Qualified combining zone areas because it requires a conditional use permit, or it is outright prohibited. To implement Program H-10, for Area A, Area B, and Area C, the amendments to the Zoning Map propose to replace two existing Qualified combining zones with a new Qualified combining zone that will allow single family residences, two-family residences, and by right multifamily for housing developments in which at least 20 percent of the units are affordable to lower‐income households.

Multifamily housing developments in which less than 20 percent of the units are affordable will Source: Planwest Partners,
be permitted with a conditional use permit. It will remove regulatory constraints to multifamily housing development.

Area A – The Mill District Specific Plan Residential Area The Zoning Map amendments for Area A implement the MDSP. The scope of the MDSP and the certified Supplemental Environmental Impact Report (SEIR) includes amending the Zoning Map for the residential neighborhood at the northeast corner of the MDSP planning area. This residential neighborhood is comprised of 79 parcels, and is identified as Area A. Seventy-five parcels in this area are zoned Residential Multifamily with a Qualified Combining Zone (R-M-Q2), and the remaining four parcels are zoned Commercial Thoroughfare (C-T). This Qualified Combining Zone was adopted in 1988 by Ordinance 88-532 Z, and is referred to as “Q-2”.

Ordinance 88-532 Z restricts multifamily development, and only single family residential development is permitted by right.

The MDSP directs Area A to be rezoned to R-M. During review of the proposed Zoning Regulations amendments for Area A, the City’s Contract Planner identified a housing constraint in the R-M Zone that needs to be addressed in the proposed Zoning Map amendments: the R-M Zone does not allow single-family residences by right. This means the properties with existing single-family homes would become “non-conforming” under the Zoning Regulations. The City’s non-conforming regulations place limitations on repairs, additions, and replacement of nonconforming uses and structures. Of the 79 parcels in Area A, 57 are developed with single family residences, according to the Assessor’s office data. If the properties in Area A are rezoned to the R-M zone (and no Qualified combining zone is adopted), about 72% of those properties would become non-conforming due to the existing single family development. 3 This means there would
be restrictions on repairing and replacing those homes under the City’s non-conforming zoning rules. Also, it would be more difficult and expensive for owners to obtain financing for repairs .

The proposed Q-Zone addresses this constraint by including single family residential use as a principally permitted use.
3 It is noted that in Area A, the average parcel size is 0.20 acres (or 8,712 sq. ft), and the median parcel size is 0.15 acres (or 6,534 sq. ft.).

Area B and Area C
The Zoning Map amendments for Area B and Area C implement Housing Element Program H-10.

Area B and Area C contain parcels identified as meeting the City’s 6th Regional Housing Needs Allocation (RHNA).

Like most of Area A discussed above, Area B is zoned Residential Multifamily with a Qualified Combining Zone (R-M-Q-2). Area C is zoned Residential Multifamily with a Qualified Combining Zone (R-M-Q-16). This Qualified Combining Zone was adopted in 2002 and prohibits new multifamily uses, although single family residential uses are principally permitted. Area B and Area C do not have properties with existing single-family residences; nonetheless, it is proposed to apply the same Qualified combining zone discussed above. This means single family (as currently allowed by the existing Q-2 and Q-16 combining zones) will continue to be allowed by right, along with qualifying affordable multifamily development as described above.

The proposed Qualified combining zone implements Housing Element Program H-10 that commits the City to maintaining an inventory of affordable housing sites and ensuring feasibility.

The proposed Qualified combining zone also implements the MDSP.

GENERAL PLAN CONSISTENCY ANALYSIS
The following table analyzes the consistency of the proposed Zoning text and map changes with the City’s General Plan.

Proposed Amendments to the Zoning
Regulations General Plan Consistency Analysis
Proposed Zoning Regulations Changes:

The Zoning Regulations are proposed to be
changed to allow supportive and transitional
housing to be permitted in the same manner
as other residential dwellings of the same type
in the same zone.

Also, a new use – Supportive Housing
Developments is proposed to be added to the
Zoning Code.

The affected Zoning Districts are all the
Residential Zoning Districts and the
Commercial and Industrial zones that allow
residential. Finally, standards for Supportive
Housing Developments are proposed to be
added and definitions are specified related to
the above changes.)
The proposed amendments are consistent with
Housing Element Programs H-12 and H-18
because the amendments implement both
programs of the City’s Housing Element.

Program H-12 concerns Transitional and
Supportive Housing, and has an objective to
“Amend the Zoning Ordinance to state that
transitional and supportive housing types
consistent with state law.” Program H-18
directs the City to establish a reasonable
accommodation procedure. This program
includes a commitment to update the
definition of family to state “one or more
persons living together in a dwelling unit.”
Existing Q-2 Qualified Combining Zone
Ordinance No. 88-532 Z, Section 2
subparagraph C; Passed and Adopted on
November 7, 1988: “… The qualification is
that a use permit is required for any
development that increases the density of
dwellings or intensity of use other than a
The proposed Zoning Map Amendments are
consistent with General Plan Housing
Element Program H-10, Maintain an
Inventory of Affordable Housing Sites and
Ensure Site Feasibility, commits the City to
“rezone all sites zoned R‐M with a General
Plan designation of Residential High, to allow
residential use by right. This by right (without
Proposed Amendments to the Zoning
Regulations General Plan Consistency Analysis
single-family residence.” (See Attachment 4
for full Ordinance)
Proposed Changes:
- Amend the Q-2 Qualified Zone to allow by
right multi-family housing developments in
which at least 20 percent of the units are
affordable to lower-income households,
subject to meeting the City’s Objective
Planning Standards.
- Remove language that relates to storm
drainage which is now addressed in the
MDSP.

Existing Q-16 Qualified Combining Zone
Ordinance NO. 2002-633 Z, Section 1 Line 1;
Passed and Adopted on March 4, 2002
“The Q Combining Zone modifies the uses of
the RM zone by completely eliminating
multifamily dwelling units as either a
principal use or a conditional use.” (See
Attachment 5 for full Ordinance)
Proposed Changes:
- Amend the Q-16 Qualified Combining Zone
to allow by right multi-family housing
developments in which at least 20 percent of
the units are affordable to lower-income
households subject to meeting the City’s
Objective Planning Standards.
discretionary review) requirement is only for
housing developments in which at least 20
percent of the units are affordable to lower‐
income households.”
Also, the proposed Zoning Map Amendments
are consistent with Administrative and
Implementation Program AI‐4: “The City
shall review and amend, as necessary,
applicable ordinances and regulations
referenced herein to ensure consistency with
the General Plan. These shall include the
following: Zoning Ordinance, Subdivision
Ordinance, Building Code, and Development
Standards.

Existing Zoning on APN’s 201-081-018,
201-081-019, 201-081-029, 201-081-031:

Commercial Thoroughfare – C-T
Proposed Zoning on APN’s 201-081-018,
201-081-019, 201-081-029, 201-081-031:

Multifamily Residential – R-M
The proposed Zoning Map Amendments are
consistent with General Plan Housing
Element Program and consistent with the Mill
District Specific Plan which designated these
parcels as Residential Multifamily”, and the
City’s General Plan Administrative and
Implementation Program AI‐4: “The City
shall review and amend, as necessary,
applicable ordinances and regulations
referenced herein to ensure consistency with
the General Plan. These shall include the
following: Zoning Ordinance, Subdivision
Ordinance, Building Code, and Development
Standards.

PUBLIC INTEREST
The proposed amendments to the Zoning Regulations and Zoning Map are in the public interest because the amendments promote the orderly and efficient development of land within the City and encourages a wide range of housing types and densities. The proposed amendments to the Zoning Map for Area A ensure the long-term retention of an established single family residential neighborhood, does not create conditions that could result in displacement of residents, while removing regulatory barriers to the creation of a variety of housing types and ownerships, at range of densities. These goals and policies are intended to provide a wider range of housing types and affordability throughout the City to support residents through all stages of life while also increasing the health and welfare of residents and visitors. The proposed amendments to the Zoning Regulations and Zoning Map advance the goals, policies, and implementation programs of the Mill District Specific Plan and the Housing Element of the Fortuna General Plan, and therefore is in the public interest.

CONSISTENCY WITH THE ZONING REGULATIONS AND THE FORTUNA

MUNICIPAL CODE
The amendments to the Zoning Regulations and Zoning Map are consistent with all other chapters, and other titles of the Fortuna Municipal Code. The proposed Amendments carry through to all sections of the Zoning Regulations, and have been reviewed to ensure they are consistent with all other chapters of the Zoning Regulations and other titles of the Fortuna Municipal Code.

ENVIRONMENTAL REVIEW
The Supplemental Environmental Impact Report (SEIR) prepared and certified for the Mill District Specific Plan also analyzed the Zoning Map Amendments for the Residential Area that is part of the Mill District Specific Plan. This means the City has already complied with the requirements of the California Environmental Quality Act (CEQA) for the Area A Zoning Map amendments.

The proposed Zoning Map amendments for Area B and Area C implement a schedule of actions contained in the City’s approved 2019-2027 Housing Element. 4 Specifically, the Zoning Map
amendments proposed for Area B and Area C are intended to satisfy the requirements of Gov’t Code § 65583.2(c). The text amendments to the Zoning Regulations are intended to satisfy the requirements of paragraphs (3) and (5) of Gov’t Code § 65582(c). The facts in the record show that the proposed amendments do not involve zoning actions allowing the construction of oil and gas infrastructure or a distribution center, as defined by Public Resources Code sections 21064.8 and 21060.4. Likewise, the areas to be rezoned, specifically Area B and Area C, are not located within natural and protected lands, as defined by Public Resources Code § 21067.5. Therefore, it is recommended that the amendments to the Zoning Regulations and Zoning Map be found statutorily exempt pursuant to Public Resources Code § 21080.085 Additionally, it is recommended the amendments to the Zoning Regulations and Zoning Map found to be exempt from the CEQA pursuant to CEQA Guidelines § 15061(b)3, the “common sense” exemption which states that a project is exempt from CEQA where it can be seen with 4 Public Resources Code § 21080.085 describes a schedule of actions to be subdivision (c) of Gov’t Code 65583 by way of direct reference.
certainty that there is no possibility that the project would have a significant effect on the environment. These amendments are exempt under the CEQA Guidelines § 15061 (b)(3) common sense exemption because it can be seen with certainty that the proposed Zoning Text and Zoning Map amendments will not result in any changes to the environment since the allowed General Plan residential density is not changing.

In accordance with the CEQA Guidelines, staff will file a Notice of Exemption with the County Clerk and the State Clearinghouse upon adoption of the ordinance.

RECOMMENDED COUNCIL ACTION

1. Receive staff report and review Council questions with staff.

2. Open the public hearing and receive public comment.

3. Close the public hearing.

4. Motion to introduce and hold first reading of Ordinance 2025-779, and read by title only, and continue the public hearing to the City Council’s next regular meeting for the second reading and adoption. Roll call vote.

5. Motion to introduce and hold first reading of Ordinance 2025-780, and read by title only, and continue the public hearing to the City Council’s next regular meeting for the second reading and adoption. Roll call vote.

ATTACHMENTS:

Attachment 1: Ordinance 2025-779 and Exhibit A – Proposed Amendments to the Zoning Regulations
Attachment 2: Ordinance 2025-780 and Exhibit A – Proposed Amendments to the Zoning Map Attachment 3: Maps of Area A, Area B, and Area C: Existing Zoning and Proposed Zoning Attachment 4: Existing Qualified combining zones established by Ordinance No. 88-532 Z (Q2), and Ordinance No. 2002-633 Z (Q-16) Attachment 5: Planning Commission Resolution P-2025-3137 ORDINANCE 2025-779

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA TO AMEND FORTUNA MUNICIPAL CODE TITLE 17, ZONING REGULATIONS, CHAPTERS 17.03, 17.06, AND 17.08 TO IMPLEMENT THE 6TH CYCLE HOUSING

ELEMENT AND FIND THE AMENDMENTS TO BE EXEMPT FROM

ADDITIONAL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

REVIEW PURSUANT TO PUBLIC RESOURCES CODE AND

CEQA GUIDELINES
WHEREAS, the City of Fortuna, California (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850, et seq. authorizes cities to regulate land use, and to adopt and amend general plans and zoning and building ordinances for such purposes, and sets forth procedures governing the adoption and amendment of such ordinances; and WHEREAS, California Government Code subdivision (a) of Section 65860 requires that a city’s zoning regulations be consistent with its general plan; and
WHEREAS, on August 7, 2019, the City Council, by Resolution 2019-21, adopted the 6th Cycle Housing Element covering the planning period of 2019-2027 ("Housing Element"), and the Housing Element includes programs to implement the goals and policies contained therein, and to address any inconsistencies with state law; and
WHEREAS, Housing Element Program H-12 and Program H-18 commit the City to amending those provisions of the Fortuna Municipal Code Title 17, the Zoning Regulations, that are inconsistent with state housing law to be compliant with state law; and
WHEREAS, the amendments to the Zoning Regulations as set forth in Exhibit A, attached hereto and incorporated in its entirety herein by reference, implement Housing Element Program H-12, Transitional and Supportive Housing, that has an objective to “Amend the Zoning Ordinance to state that transitional and supportive housing types [will be allowed] consistent with state law”, and implement Housing Element Program H-18 that directs the City to update the definition of family consistent with state law; and
WHEREAS, the amendments to the Zoning Regulations are consistent with the City’s General Plan Administrative and Implementation Program AI‐4: “The City shall review and amend, as necessary, applicable ordinances and regulations referenced herein to ensure consistency with the General Plan.

These shall include the following: Zoning Ordinance, Subdivision Ordinance, Building Code, and Development Standards”; and
WHEREAS, pursuant to and in accordance with the provisions of the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations, hereafter “CEQA Guidelines”), the City is the lead agency for the preparation and consideration of environmental documents for the proposed project; and WHEREAS, the Housing Element is within the scope of the City’s General Plan Program Environmental Impact Report (PEIR), certified and adopted by the City Council on October 26, 2010, by Resolution 2010-45, and therefore, no further environmental review is required; and WHEREAS, the amendments to the Zoning Regulations are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085, which states a rezoning that implements the schedule of actions in an approved housing element is statutorily exempt from CEQA; and Section 15061(b)(3) of the CEQA Guidelines, the common sense exemption, which states that a project is not subject to CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the Fortuna Planning Commission held a duly noticed public hearing on October 28, 2025, to consider and receive public testimony on the amendments to the Zoning Regulations, and the associated CEQA recommendation; and
WHEREAS, on October 28, 2025, the Planning Commission unanimously adopted Resolution No. P2025-3137, recommending that the Fortuna City Council adopt the amendments to the Zoning Regulations, and find the amendments to be exempt from additional environmental review pursuant to CEQA Guidelines Sections 15162 and 1506l(b)(3); and
WHEREAS, the review and adoption of the amendments is in conformance with the requirements of California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration; and
WHEREAS, the City caused to be published in the November 6, 2025 edition of the North Coast Journal, a Notice of Public Hearing on the proposed amendments; additionally, the City posted the same Notice of Public Hearing in conspicuous locations including City Hall and the City website, specifying the availability of the proposed amendments, the date, time, and location of the public hearing for these amendments to the Zoning Regulations, and recommended CEQA finding; and WHEREAS, the Fortuna City Council held a duly noticed public hearing on December 1, 2025, to consider the amendments and recommended CEQA determination.

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, the Planning Commission’s recommendation that the City Council adopt the proposed amendments to the Zoning Regulations, and all appropriate information that has been submitted with these amendments; and WHEREAS, all legal prerequisites to the adoption of the Ordinances have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above and foregoing recitals are true and correct, and each is incorporated in full herein by reference.

SECTION 2. Public hearing and notices and public participation. All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with state law.

SECTION 3. Findings. That all of the following findings are hereby made:

California Environmental Quality Act (CEQA).

A. Prior to adoption of the 6th cycle Housing Element, the applicable housing element policies and programs were analyzed for potential environmental impacts and were found to not have a significant impact on the environment. As part of approving Resolution 2019-21 and adopting the Housing Element on August 19, 2019, the City Council made findings pursuant to CEQA Guidelines Section 15162(a)(3), finding the Housing Element, inclusive of Program H-12 and Program H-18, had been analyzed in the City’s certified General Plan Program Environmental Impact Report (PEIR), and no substantial changes or new information merits subsequent analysis of the amendments.

B. Additionally, the amendments to the Zoning Regulations intend to satisfy the requirements of paragraphs (3) and (5) of Government Code Section 65582(c), which are identified as Programs H-12 and H-18 in the City’s approved and certified 2019-2027 Housing Element; Programs H-12 and H-18 are thereby scheduled programs of action. The facts in the record show that the amendments to the Zoning Regulations do not involve zoning actions allowing the construction of oil and gas infrastructure or a distribution center, as defined by Public Resources Code Sections 21064.8 and 21060.4, or involve or affect areas located within natural and protected lands, as defined by Public Resources Code Section 21067.5. Therefore, the amendments to the Zoning Regulations are statutorily exempt from further environmental review pursuant to Public Resources Code Section 21080.085.

C. Finally, the proposed amendments are exempt as a “common sense” exemption under CEQA Guidelines Section 15061(b)(3) because they implement Housing Element programs to achieve compliance with state law and promote fair and equal housing opportunities but do not involve any physical changes with the potential to create an adverse effect on the environment. It can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment. The amendments will align the FMC with General Plan Housing Element policies and programs and state law.

D. Upon adoption of the amendments,staff will file a Notice of Exemption in accordance with CEQA.

Consistency with the Fortuna General Plan
E. In approving Resolution P-2025-3137, the Planning Commission found that the amendments to the Zoning Regulations are consistent with the with Housing Element and Mill District Specific Plan of the General Plan because the subject ordinance will amend the FMC Title 17, Zoning Regulations, as set forth herein, to implement adopted programs of the Mill District Specific Plan and the Housing Element to achieve consistency with the Housing Element, and will ensure consistency with state law.

Public Interest
F. In approving Resolution P-2025-3137, the Planning Commission found that the proposed amendments to the Zoning Map are in the public interest because the amendments promote the orderly and efficient development of land within the City, and encourage a wide range of housing types and densities, while removing regulatory barriers to the creation of a variety of housing types and ownerships, and at a range of densities.

Consistency with the Zoning Regulations and the Fortuna Municipal Code G. In approving Resolution P-2025-3137, the Planning Commission found that the amendments to the Zoning Regulations are internally consistent with Title 17, and other adopted titles of the FMC.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Fortuna hereby amends the Fortuna Municipal Code Title 17, Chapters 17.03, 17.06, and 17.08, Zoning Regulations, are hereby amended in the form and substance as set forth in Exhibit A, attached hereto and incorporated in its entirety herein by reference. Following the adoption of this Ordinance, without modifying the substance, the City Clerk shall cause the Fortuna Municipal Code amendments to be consistent in form and style with Title 17 of the Fortuna Municipal Code.

SECTION 4. Effective Date. The effective date of this ordinance is thirty (30) days after adoption by the City Council of the City of Fortuna.

SECTION 5. Severability. If any provision of this ordinance is determined to be invalid, such invalidity does not affect the remaining provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council of the City of Fortuna declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices to it that are inconsistent with the requirements of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance.

FIRST READING CONDUCTED at a regular meeting of the City Council on this 1st day of December 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Buffy L. Gray, Deputy City Clerk
SECOND READING PERFORMED AND ADOPTED on the 15th day of December 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
____________________________
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
Exhibit A
Zoning Text Amendments to the
Zoning Regulations
Project location of proposed text amendments: Citywide in the City of Fortuna.

Notes:

1. Proposed amendments to Title 17 of the Fortuna Municipal Code are shown in underlined text for additions and strikethrough text for deletions.

2. All sub-sections not included in the below Sections shall continue in full force, unamended by this Ordinance.

September 29, 2025 2
Chapter 17.03

REGULATIONS THAT APPLY IN PRINCIPAL ZONING DISTRICTS

17.03.010 Residential estates zoning district (RE).
…
B. Principal Permitted Uses.

1. One single-family dwelling or mobile home per lot.

2. Community care facilities for six or fewer (FMC 17.08.152), and supportive housing (FMC

17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

21. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

42. Home occupations, subject to the provisions of FMC 17.06.071;

53. Servants’ quarters;

64. Guesthouses, subject to the provisions of FMC 17.06.061;

75. Private garages and parking areas;

86. Garage and yard sales, subject to the provisions of FMC 17.06.060;

97. Public parks, playgrounds, and other public recreational uses; 108. Keeping of not more than eight household pets on each lot, subject to the provisions of FMC 17.06.006;
119. Other accessory uses and buildings customarily appurtenant to a permitted use. …
September 29, 2025 3

17.03.011 Residential single-family zoning district (R-1). …
B. Principal Permitted Uses.

1. One single-family dwelling or mobile home per lot.

2. Community care facilities for six or fewer (FMC 17.08.152), and supportive housing (FMC

17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

21. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

42. Home occupations, subject to the provisions of FMC 17.06.071;

53. Guest rooms for not more than two persons in any single-family dwelling;

64. Servants’ quarters;

75. Guesthouses, subject to the provisions of FMC 17.06.061;

86. Garage and yard sales, subject to the provisions of FMC 17.06.060;

97. Public parks, playgrounds, and other public recreational uses; 108. Keeping of not more than four household pets on each lot, subject to the provisions of FMC 17.06.006;
119. Other accessory uses and buildings customarily appurtenant to a permitted use. …
September 29, 2025 4

17.03.012 Multifamily residential zoning district (R-M).

A. Purpose. The RM district is intended to be applied in areas of the city where it is reasonable to permit and protect medium-high density apartment, townhouse, and condominium development. The RM district is intended to be applied in existing medium-high density areas, as well as other developed areas to encourage higher-density development and in undeveloped areas to allow for large-scale development projects. The R-M zoning district is intended to implement the Residential High (RH) General Plan land use designation which has a density range of 15.0 to 29.0 units per gross acre.

B. Principal Permitted Uses.

1. Multifamily dwelling units. Projects requesting deviation from the Objective Planning Standards for Mixed-Use Residential and Multifamily Development, adopted pursuant to Resolution 2023-26 or as later amended by the city council (hereinafter the “multifamily design standards”), are subject to design review approval, pursuant to the provisions of Chapter 17.07 FMC;

2. Single room occupancy (SRO) facilities, subject to R-M zone density, open space, and setback requirements, and the provisions of FMC 17.06.184.7.;

3. Community care facilities for six or fewer (FMC 17.08.152), and supportive housing (FMC

17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone;

4. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

21. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

42. Home occupations, subject to the provisions of FMC 17.06.071;

53. Private garages and parking areas;

64. Garage and yard sales, subject to the provisions of FMC 17.06.060;

75. Keeping of not more than two household pets on each lot, subject to the provisions of FMC

17.06.006;

86. Public parks, playgrounds, and other public recreational uses;

97. Other accessory uses and buildings customarily appurtenant to a permitted use. …
September 29, 2025 5

17.03.020 Neighborhood commercial zoning district (N-C) …
B. Principal Permitted Uses.

1. Professional offices;

2. Antique, art, music, and hobby stores;

3. Cleaning and dyeing establishments;

4. Dry goods stores;

5. Food stores;

6. Household appliance, radio, and TV repair establishments (small scale);

7. Restaurants seating less than 100 persons, including service of alcoholic beverages at tables and a bar;

8. Sporting goods stores;

9. Barber and beauty shops;

10. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

11. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility), and supportive housing (FMC 17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone;

12. Bed-and-breakfast inns;

13. Multifamily dwelling units having the density, open space, and setback requirements of the R-M zone, each in a manner consistent with the multifamily design standards;

14. Single room occupancy (SRO) facilities, subject to R-M zone density, open space, and setback requirements, and the provisions of FMC 17.06.184.7;

15. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …
September 29, 2025 6

17.03.021 Retail commercial zoning district (R-C)
…
B. Principal Permitted Uses.

1. Art, music, and hobby stores;

2. Business administration offices;

3. Business service establishments;

4. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

5. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility), and supportive housing (FMC 17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone;

6. Department stores;

7. Dry goods stores;

8. Financial institutions;

9. Furniture and appliance stores;

10. Hotels and nonprofit clubs;

11. Miscellaneous retail stores;

12. Motion picture and live theaters, concert halls, and assembly halls;

13. Professional offices;

14. Recreation and sports stores;

15. Restaurants including bars, dancing and entertainment;

16. Special schools;

17. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010;

18. Multifamily dwelling units having the density, open space, and setback requirements of the R-M zone, each in a manner consistent with the multifamily design standards;

19. Single room occupancy (SRO) facilities, subject to R-M zone density, open space, and setback requirements, and the provisions of FMC 17.06.184.7.;

20. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …
September 29, 2025 7

17.03.022 Commercial thoroughfare zoning district (C-T) …
B. Principal Permitted Uses.

1. Automotive services, general;

2. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

3. Commercial recreation facilities, such as swimming pools, bowling alleys, skating rinks, and dance halls;

4. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility), and supportive housing (FMC 17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone;

5. Convenience markets, not to exceed 3,000 square feet in gross floor area;

6. Food stores with at least 3,000 square feet of gross floor area;

7. Motels;

8. Offices;

9. Plant nurseries, greenhouses, and fruit stands;

10. Restaurants, including bars, dancing, and entertainment;

11. Restaurants, drive-in;

12. Retail shops for sale of auto parts and accessories, souvenirs, curios, and other similar products, primarily to serve the touring public;

13. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010.;

14. Emergency homeless shelters in the areas shown on the homeless shelters zoning maps (Exhibit C attached to Ordinance 2012-698).;

15. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …
September 29, 2025 8

17.03.030 Light industrial zoning district (M-1)
…
B. Principal Permitted Uses.

1. Any manufacturing, processing, assembling, contracting, repair, office, research, transportation, transfer, storage, wholesale, or administrative use, except those listed in FMC 17.03.031(C) and (D);

2. Emergency homeless shelters in the areas shown on the homeless shelters zoning maps (Exhibits B-1, B-2 and C attached to Ordinance 2012-698).;

3. Short-order convenience grocery markets with a gross floor area not to exceed 3,000 square feet;

4. Public buildings.;

5. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …

17.030.040 Heavy industrial zoning district (M-2)
…
B. Principal Permitted Uses.

1. Any manufacturing, processing, assembling, contractors’ offices, research, wholesale, or storage use is permitted that is not otherwise prohibited in the statutes of the state or the municipal ordinances of the city;

2. Public and quasi-public buildings and uses.;

3. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …
September 29, 2025 9

17.03.050 Public facility zoning district (PF).
…
B. Principal Permitted Uses.

1. Public services and administrative offices, including police and fire stations, post offices, and public parking lots;

2. Parks;

3. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child care facility);

4. Community care facilities for six or fewer (FMC 17.08.152), and supportive housing (FMC

17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone;

5. Public schools.;

6. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, Off-Street Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X. …
September 29, 2025 10
Chapter 17.06

REGULATIONS THAT APPLY TO SPECIFIC USE
…

17.06.18X5.5 Supportive Housing Developments
A. Purpose.

This Section provides for the regulation of supportive housing developments as required by Sections 65650 through 65656 of the California Government Code. Section 65651 prescribes that qualifying supportive housing developments shall be a by right use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses when specific requirements are met. Government Code Sections 65651 through 65656 establish specific requirements for the regulation of supportive housing developments. This Section is intended to comply with the standards in Sections 65650 through 65656 of the California Government Code to the greatest extent feasible.

B. Applicability.

The provisions of this Section apply to all lots in zones that permit multifamily and mixed uses, including nonresidential zones that permit multifamily uses, that is the Multifamily residential zoning district (R-M), Neighborhood commercial zoning district (N-C), Retail commercial zoning district (R-C), Commercial thoroughfare zoning district (C-T), Light industrial zoning district (M-1), Heavy industrial zoning district (M-2), Public facility zoning district (PF). Supportive housing developments shall comply with objective development standards and policies that apply to other multifamily development within the same zone.

C. General Provisions.

A supportive housing development developed pursuant to Government Code Section 65650 et seq., consisting of fifty (50) units or less, and that meets all of the following requirements shall be permitted in the Multifamily residential zoning district (R-M), Neighborhood commercial zoning district (N-C), Retail commercial zoning district (R-C), Commercial thoroughfare zoning district (C-T), Light industrial zoning district (M-1), Heavy industrial zoning district (M-2), and Public facility (PF) zoning districts, provided:

1. Units within the development are subject to a recorded affordability restriction for fifty- five (55) years.

2. Affordability. One hundred percent (100%) of the units, excluding managers’ units, within the development must be restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in Section 50079.5 of the California Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

3. Supportive Housing Units. At least 25 percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population as defined in subparagraph (d) of Government Code Section 65650. In September 29, 2025 11
developments with fewer than 12 units, one hundred percent (100%) of those units, excluding managers’ units, must be restricted to residents in supportive housing.

4. Services Plan. The applicant shall submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project as required by Section 65651, and describing those services, which must include all of the following:
a. The name of the proposed entity or entities that will provide supportive services. b. The proposed funding source or sources for the provided onsite supportive services. c. Proposed staffing levels.

5. Replacement Dwelling Units. The supportive housing development shall replace rental dwelling units in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the California Government Code.

6. Facilities. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

7. Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services. For a development with more than 21 units, at least three percent (3%) of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

8. Parking. A supportive housing development that is located within one-half mile walking distance of a public transit stop shall not require parking for units within the supportive housing development that are designated for supportive housing residents.

9. Any other requirements of Government Code Section 65650 et seq. regarding supportive housing, as may be amended.

D. Review Procedures.

1. The City shall approve a supportive housing development that complies with the applicable requirements of this Section.

2. The City shall only require the supportive housing development to comply with the objective development standards and policies that apply to other multifamily development within the same zone.

3. The City shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Section. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

September 29, 2025 12

4. The City’s review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this Section shall be conducted consistent with the requirements of subdivision (f) of Section 65589.5 of the California Government Code, and shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

5. Any discretion exercised by the City in determining whether a project qualifies as a use by right pursuant to this Section or discretion otherwise exercised pursuant to this section does not affect that City's determination that a supportive housing development qualifies as a use by right pursuant to this Section.
…
September 29, 2025 13
Chapter 17.08

DEFINITIONS AND ILLUSTRATIONS
…

17.08.240 Family.
“Family” means one or more persons sharing a dwelling unit whether or not related by blood, marriage, or adoption a person living alone, or two or more persons related by blood, marriage, or adoption, or a group of not more than five unrelated persons living together who constitute a bona fide single nonprofit housekeeping unit in a dwelling, as distinguished from a group occupying a boardinghouse, lodging house, motel, hotel, or fraternity or sorority house. A family shall be deemed to include necessary servants. (Ord. 2011-692 § 2 (Exh. A)).. …

17.08.260 Group care, retarded.

Refer to FMC 17.08.152, Community care facility. (Ord. 2011-692 § 2 (Exh. A)). …

17.08.507 Supportive housing.
“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 off-site 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, pursuant to Government Code Section 65582(n). Supportive housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone pursuant to Government Code Section 65583(c)(3). (Ord. 2012-698 § 1 (Exh. A)).

17.08.507.1 Target population
“Target population” means persons with low income, persons who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people pursuant to Government Code Section 65582(p). …

17.08.509 Transitional 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 that shall be no less than six months from the beginning of the assistance pursuant to Government Code Section 65582(q). Transitional housing is a residential use that is permitted in the September 29, 2025 14
same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone pursuant to Government Code Section 65583(c)(3). (Ord. 2012-698 § 1 (Exh. A)).

ORDINANCE 2025-780

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA TO AMEND FORTUNA MUNICIPAL CODE TITLE 17, SECTION 17.02.030, ZONING MAP, TO ADOPT THE QUALIFIED COMBINING ZONE TO IMPLEMENT THE 6TH CYCLE

HOUSING ELEMENT AND MILL DISTRICT SPECIFIC PLAN, AND FIND THE

AMENDMENTS TO BE EXEMPT FROM ADDITIONAL CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW PURSUANT TO PUBLIC

RESOURCES CODE AND CEQA GUIDELINES
WHEREAS, the City of Fortuna, California (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65850, et seq. authorizes cities to regulate land use, and to adopt and amend general plans and zoning and building ordinances for such purposes, and sets forth procedures governing the adoption and amendment of such ordinances; and WHEREAS, California Government Code subdivision (a) of Section 65860 requires that a city’s zoning regulations be consistent with its general plan; and
WHEREAS, pursuant to and in accordance with the provisions of the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations, hereafter “CEQA Guidelines”), the City is the lead agency for deciding whether a project is subject to CEQA, and for the preparation and consideration of appropriate environmental documents for the proposed project; and
WHEREAS, on February 18, 2025, the Fortuna City Council adopted Resolution 2025-04, adopting the Mill District Specific Plan (MDSP) to implement the various goals, policies, and programs of the Fortuna General Plan, 2030;
WHEREAS, the MDSP includes Zoning Map amendments for seventy-nine (79) properties, identified as Area A in Exhibit A, attached hereto and hereby incorporated in its entirety by reference, that are zoned Commercial Thoroughfare (C-T) and Residential Multifamily with the Qualified combining zone established by Ordinance No. 88-532 Z (R-M-Q-2); and
WHEREAS, for the properties in Area A, as identified in Exhibit A, the Zoning Map amendments change the R-M-Q-2 zoning and the C-T zoning to Multifamily Residential with a Qualified combining zone (R-M-Q) to be established by this Ordinance. That the R-M-Q zone specifies that by right uses (without discretionary review) shall include single family residences and multifamily housing developments in which at least 20 percent of the units are affordable to lower‐income households, and conditionally permitted uses include multifamily housing developments in which less than 20 percent of the units, excluding a designated manager’s unit, are not affordable to lower income households is consistent the Mill District Specific Plan of the Fortuna General Plan, state housing law, and is in the public interest; and
WHEREAS, on February 18, 2025, the Fortuna City Council adopted Resolution 2025-03 adopting Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and certifying the Final Supplemental Environmental Impact Report (SEIR) prepared for the MDSP, and that the MDSP SEIR also analyzed Zoning Map amendments for Area A, being the same geographic area depicted in Figure 3-3 of the adopted MDSP and mapped in Figure 3 and labeled as areas 6, 8, 9, and 10 in the section 2.7, page 47, of the certified SEIR for the MDSP dated August 29, 2024. Therefore, the City has already complied with the requirements of CEQA for the Area A Zoning Map amendments; and
WHEREAS, on August 7, 2019, the City Council, by Resolution 2019-21, adopted the 6th Cycle Housing Element covering the planning period of 2019-2027 ("Housing Element"), and the Housing Element includes programs to implement the goals and policies contained therein, and to address any inconsistencies with state law; and
WHEREAS, Housing Element Program H-10, Maintain an Inventory of Affordable Housing Sites and Ensure Site Feasibility, commits the City to “rezone all sites zoned R‐M with a General Plan designation of Residential High, to allow residential use by right. This by right (without discretionary review) requirement is only for housing developments in which at least 20 percent of the units are affordable to lower‐income households”; additionally, Table 34, Vacant Residential Sites Inventory, of the Housing Element, lists the properties in Area B and Area C, as identified in Exhibit A, as sites to meet the City of Fortuna’s 6th cycle lower income Regional Housing Needs Allocation (RHNA); and WHEREAS, the properties in Area B, as identified in Exhibit A, are zoned Residential Multifamily with the Qualified combining zone established by Ordinance No. 88-532 Z (R-M-Q-2), and the properties in Area C, as identified in Exhibit A, are zoned Residential Multifamily with the Qualified combining zone established by Ordinance No. 2002-633 Z (R-M-Q-16); and WHEREAS, Ordinance No. 88-532 Z imposes a requirement that multifamily development is subject to the approval of a use permit, and Ordinance No. 2022-633 Z prohibits multifamily development; as such both Ordinances create regulatory barriers to the implementation of Program H-10’s objective to “Encourage the development of housing for all segments of the community, specifically lower income”:
and
WHEREAS, for the eight (8) properties identified as Area B and Area C the Zoning Map amendments change the respective R-M-Q-2 and R-M-Q-16 zones to Multifamily Residential with a Qualified combining zone (R-M-Q) to be established by this Ordinance; and WHEREAS, the Multifamily Residential with a Qualified combining zone (R-M-Q) to be established by this Ordinance implements Housing Element Program H-10 and achieves consistency with the Housing Element by removing the aforementioned regulatory barriers created by Ordinance No. 88-532 Z and Ordinance No. 2002-633 Z, is consistent with state law, and is the public interest, because it specifies that by right uses (without discretionary review) shall include single family residences and multifamily housing developments in which at least 20 percent of the units are affordable to lower‐ income households, and conditionally permitted uses include multifamily housing developments in which less than 20 percent of the units, excluding a designated manager’s unit, are not affordable to lower income households are conditionally permitted; and WHEREAS, the Housing Element is within the scope of the City’s General Plan Program Environmental Impact Report (PEIR), certified and adopted by the City Council on October 26, 2010, by Resolution 2010-45, and therefore, no further environmental review is required; and WHEREAS, the amendments to the Zoning Map for Area B and Area C are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085, which states a rezoning that implements the schedule of actions in an approved housing element is statutorily exempt from CEQA; and Section 15061(b)(3) of the CEQA Guidelines, the common sense exemption, which states that a project is not subject to CEQA where it can be seen with certainty that there is no possibility that the project would have a significant effect on the environment; and WHEREAS, the amendments to the Zoning Map are consistent with the City’s General Plan Administrative and Implementation Program AI‐4: “The City shall review and amend, as necessary, applicable ordinances and regulations referenced herein to ensure consistency with the General Plan.

These shall include the following: Zoning Ordinance, Subdivision Ordinance, Building Code, and Development Standards”; and
WHEREAS, the Fortuna Planning Commission held a duly noticed public hearing on October 28, 2025, to consider and receive public testimony on the amendments to the Zoning Regulations, and the associated CEQA recommendation; and
WHEREAS, on October 28, 2025, the Planning Commission unanimously adopted Resolution No. P2025-3137, recommending that the Fortuna City Council adopt the amendments to the Zoning Regulations, and find the amendments to be exempt from additional environmental review pursuant to CEQA Guidelines Sections 15162 and 1506l(b)(3); and
WHEREAS, the review and adoption of the amendments is in conformance with the requirements of California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration; and WHEREAS, the City caused to be published in the November 6, 2025 edition of the North Coast Journal, a Notice of Public Hearing on the proposed amendments; additionally, the City posted the same Notice of Public Hearing in conspicuous locations including City Hall and the City website, specifying the availability of the proposal, the date, time, and location of the public hearing for these amendments to the Zoning Regulations, and recommended CEQA finding; and WHEREAS, the Fortuna City Council held a duly noticed public hearing on December 1, 2025, to consider the amendments and recommended CEQA finding; and WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, the Planning Commission’s recommendation that the City Council adopt the proposed amendments to the Zoning Regulations, and all appropriate information that has been submitted with these amendments; and
WHEREAS, all legal prerequisites to the adoption of the Ordinances have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above and foregoing recitals are true and correct, and each is incorporated in full herein by reference.

SECTION 2. Public hearing and notices and public participation. All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with state law.

SECTION 3. Findings. That all of the following findings are hereby made:

California Environmental Quality Act (CEQA).

A. Finding for Area A: The adoption of Zoning Map amendments for Area A, as identified in Exhibit A, are in compliance with the California Environmental Quality Act pursuant to City Council Resolution 2025-03 whereby the City Council adopted Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and certifying the Final Supplemental Environmental Impact Report (SEIR) prepared for the MDSP.

As part of adopting Resolution 2025-03, the City Council found that the processing and approval of the amendments to the Land Use Element, adoption of the Mill District Specific Plan and Implementing Q-Qualified Zone and Design Guidelines in compliance with the requirements of the California Environmental Quality Act (CEQA). Furthermore, the MDSP SEIR also analyzed Zoning Map amendments for Area A, being the same geographic area depicted in Figure 3-3 of the adopted MDSP and mapped in Figure 3 and labeled as areas 6, 8, 9, and 10 in the section 2.7, page 47, of the certified SEIR for the MDSP dated August 29, 2024. Therefore, the City has already complied with the requirements of CEQA for the Area A Zoning Map amendments.

B. Finding for Area B and Area C.

1. As part of approving Resolution 2019-21 and adopting 6th cycle Housing Element on August 19, 2019, the City Council made findings pursuant to CEQA Guidelines Section 15162(a)(3), finding the Housing Element, inclusive of Program H-10, had been analyzed in the City’s certified General Plan Program Environmental Impact Report (PEIR), and no substantial changes or new information merits subsequent analysis of the amendments.

2. The Zoning Map amendments for Area B and Area C intend to satisfy the requirements of Government Code Section 65583.2(c), which is identified as Program H-10 in the City’s approved and certified 2019-2027 Housing Element; Program H-10 is thereby a scheduled program of actions. The facts in the record show that the Zoning Map amendments do not involve zoning actions allowing the construction of oil and gas infrastructure or a distribution center, as defined by Public Resources Code Sections 21064.8 and 21060.4. Likewise, Area B and Area C do not contain areas located within natural and protected lands, as defined by Public Resources Code Section 21067.5. Therefore, the Zoning Map amendments for Area B and Area C are statutorily exempt from further environmental review pursuant to Public Resources Code Section 21080.085.

3. The Zoning Map amendments for Area B and Area C are exempt as a “common sense” exemption under CEQA Guidelines Section 15061(b)(3) because they implement Housing Element programs to achieve compliance with state law and that promote fair and equal housing opportunities but do not involve any physical changes with the potential to create an adverse effect on the environment. It can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment. The amendments will align the FMC with General Plan Housing Element policies and programs and state law. Prior to adoption of the Housing Element, the applicable housing element policies and programs were analyzed for potential environmental impacts and were found to not have a significant impact on the environment.

C. Upon adoption of the amendments, staff will file a Notice of Exemption in accordance with CEQA.

Consistency with the Fortuna General Plan
D. In approving Resolution P-2025-3137, the Planning Commission found that the proposed amendments to the Zoning Map are consistent with the with Housing Element and Mill District Specific Plan of the General Plan because the subject ordinance will amend the FMC Title 17, Zoning Regulations, as set forth herein, to implement adopted programs of the Mill District Specific Plan and the Housing Element to achieve consistency with the Housing Element, and will ensure consistency with state law.

Public Interest
E. In approving Resolution P-2025-3137, the Planning Commission found that the proposed amendments to the Zoning Map are in the public interest because the amendments promote the orderly and efficient development of land within the City, and encourage a wide range of housing types and densities. The amendments to the Zoning Map for Area A ensure the long-term retention of an established single family residential neighborhood, do not create conditions that could exacerbate or result in the displacement of existing residents, while removing regulatory barriers to the creation of a variety of housing types and ownerships, and at a range of densities; and
Consistency with the Zoning Regulations and the Fortuna Municipal Code F. In approving Resolution P-2025-3137, the Planning Commission found that the amendments to the Zoning Map are internally consistent with Title 17, and other adopted titles of the FMC.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Fortuna hereby amends the Fortuna Municipal Code Title 17, Section 17.02.030, Zoning Map of the City of Fortuna by reclassifying the zoning of property described in Exhibit A, attached hereto and hereby incorporated in its entirety by reference, to implement the Mill District Specific Plan (MDSP), Programs of the 6th cycle Housing Element, and to be consistent with state law, as follows:

SECTION 4. Zoning Map Amendments.

A1.The approximately 15.5 acre area that is comprised of seventy-five (75) properties on the south side of Newburg Road, and that are along South 15th, South 16th, and Spring streets; and the properties west of Fortuna Boulevard along 1st Street and 2nd Avenue, and on the north side of 3rd Street, and being a portion of Area A as identified in Exhibit A, is hereby reclassified from Residential Multifamily with the Qualified combining zoning established by the adoption of Ordinance No. 88-532 Z (R-M-Q-2) to Residential Multifamily with the Qualified combining zone (R-M-Q) as established by this Ordinance; and
A2.The approximately 0.32 acre area that is comprised of Assessor Parcel Numbers 201- 081-019 201-081-018, 201-081-031, and 201-081-029, and being a portion of Area A as identified in Exhibit A, is hereby reclassified from the Commercial Thoroughfare (C-T) zoning district to Residential Multifamily with the Qualified combining zone (RM-Q) as established by this Ordinance; and B. The approximately 5.29 acre area that is comprised of four (4) properties on the north side of South 3rd Street east of the Summer Street intersection, and one (1) property on the north side of Redwood Way, north of the intersection of Redwood Way and Barry Avenue, and all five properties identified as Area B in Exhibit A, is hereby reclassified from the Residential Multifamily Qualified zoning district as established by the adoption of Ordinance No. 88-532 Z (R-M-Q-2) to Residential Multifamily with the Qualified combining zone (R-M-Q) as established by this Ordinance; and C. The approximately 0.46 acre area that is comprised of three (3) properties with situs addresses of 2381, 2407, and 2431 Virginia Drive, and identified as Area C in Exhibit A, is hereby reclassified from Residential Multifamily with the Qualified combining zone established by the adoption of Ordinance No. 2002-633 Z (R-M-Q-16) to Residential Multifamily with the Qualified combining zone (R-M-Q) as established by this Ordinance.

SECTION 5. Zone Qualification. The special restrictions and regulations set forth in Section 7 herein apply to the property described in Exhibit A of this Ordinance that are reclassified from Commercial Thoroughfare (C-T), Residential Multifamily with the Qualified Combining zone established by the adoption of Ordinance No. 88-532 Z (R-M-Q-2), and Residential Multifamily with the Qualified combining zone established by the adoption of Ordinance No. 2002-633 Z (RM-Q-16) to Residential Multifamily Qualified (R-M-Q) zone pursuant to Fortuna Zoning Regulations Chapter 17.04.090, which authorizes the modification of the principal zone by adding or deleting principal permitted or conditional uses to implement the Fortuna General Plan, including the Housing Element, and the MDSP by application of the Qualified combining zone.

SECTION 6. 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 consistent with the Mill District Specific Plan, Programs of the Housing Element, and state law.

SECTION 7. Special Restrictions. For all of the properties described in Exhibit A of this Ordinance, the principal permitted uses and conditional permitted uses otherwise allowed under the Multifamily residential zoning district (R-M) of Fortuna Zoning Regulations Section 17.03.012 shall be modified as follows:

A. Principal Permitted Uses.

1. Single family dwelling and two-family dwellings.

2. Multifamily housing developments in which at least 20 percent of the units are affordable to lower income households as defined California Government Code Section 65582(l), and subject to the Objective Planning Standards for Mixed-Use Residential and Multifamily Development, adopted pursuant to Resolution 2023-26 or as later amended by the city council (hereinafter the “multifamily design standards”).

3. Housing units developed pursuant to California Government Code Sections 65852.21 and 66411.7.

4. Supportive housing developments, subject to the R-M zone density, objective standards for Height Regulations; Lot Standards, Yards and Floor Area Ratio; Required Open Space, OffStreet Parking, the multifamily design standards, and the requirements of FMC 17. 06.18X.

5. Community care facilities for six or fewer (FMC 17.08.152), and supportive housing (FMC

17.08.507) and transitional housing (17.08.509). Community care facilities for six or fewer, and supportive and transitional housing, are residential uses that are permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

B. Conditional Uses.

1. Multifamily housing developments in which less than 20 percent of the units, excluding a designated manager’s unit, are not affordable to lower income households as defined the California Government Code Section 65582(l). Multifamily housing developments are subject to the Objective Planning Standards for Mixed-Use Residential and Multifamily Development, adopted pursuant to Resolution 2023-26 or as later amended by the city council (hereinafter the “multifamily design standards”);

2. Rest homes;

3. Community care facilities with seven or more (FMC 17.08.152);

4. Mobile home parks, subject to the provisions of FMC 17.06.123.

SECTION 8. Property Description. Exhibit A of this ordinance identifies the properties to be rezoned.

SECTION 9. Effective Date. The effective date of this ordinance is thirty (30) days after adoption by the City Council of the City of Fortuna.

SECTION 10. Severability. If any provision of this ordinance is determined to be invalid, such invalidity does not affect the remaining provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council of the City of Fortuna declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 11. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices to it that are inconsistent with the requirements of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance.

FIRST READING CONDUCTED at a regular meeting of the City Council on this 1st day of December 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_____________________________
Mike Johnson, Mayor
ATTEST:
______________________________
Buffy L. Gray, Deputy City Clerk
SECOND READING PERFORMED AND ADOPTED on the 15th day of December 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
____________________________
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk

EXHIBIT A
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-042-001 1486

NEWBURG
RD
Area A 0.10 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-002 1502

NEWBURG
RD
Area A 0.10 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-003 1514

NEWBURG
RD
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-004 1536

NEWBURG
RD
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-005 430 S 16TH
ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-006 440 S 16TH
ST
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-009 452 S 16TH
ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-010 470 S 16TH
ST
Area A 0.84 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-042-011 457 S 15TH
ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-012 not assigned Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-042-013 439 S 15TH
ST
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-014 431 S 15TH
ST
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-042-016 not assigned Area A 0.01 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-042-017 446 S 16TH
ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-001 1650

NEWBURG
RD
Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-003 451 S 16TH
ST
Area A 0.31 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-081-010 446 S

SPRING ST
Area A 0.25 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-016 441 S 16TH
ST
Area A 0.21 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-018 1690

NEWBURG
RD
Area A 0.11 Mill District
(MD)
CT FMC

17.03.022
Commercial
Thoroughfare
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-019 1680

NEWBURG
RD
Area A 0.09 Mill District
(MD)
CT FMC

17.03.022
Commercial
Thoroughfare
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-021 1701 1ST ST Area A 0.28 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-081-023 477 S 16TH
ST
Area A 0.21 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-025 481 S 16TH
ST
Area A 0.30 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-026 456 SPRING
ST
Area A 0.25 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-081-027 not assigned Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-029 not assigned Area A 0.07 Mill District
(MD)
CT FMC

17.03.022
Commercial
Thoroughfare
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-081-031 not assigned Area A 0.05 Mill District
(MD)
CT FMC

17.03.022
Commercial
Thoroughfare
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-081-032 434 SPRING
ST
Area A 0.15 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-033 431 S 16TH
ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-081-034 1566

NEWBURG
RD
Area A 0.15 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-081-035 477 S 16TH
ST
Area A 0.24 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-081-036 483 S 16TH
ST
Area A 0.35 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Taxable MH
on fee parcel
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-081-037 486 S

SPRING ST
Area A 0.20 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-081-039 479 S

SPRING ST
Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-082-004 538 S

SPRING ST
Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-082-005 510 S

SPRING ST
Area A 0.20 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-082-006 530 S

SPRING ST
Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-082-008 1702 1ST ST Area A 0.98 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-083-011 455 S

SPRING ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-083-016 447 S

SPRING ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-083-025 1805 1ST ST Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 10+
Units
201-083-028 491 S

SPRING ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-083-030 485 SPRING
ST
Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-083-031 not assigned Area A 0.22 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Public Land,
Schools, Non
Taxable
Entities
201-084-001 509 S

SPRING ST
Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-084-005 527 S

SPRING ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-084-006 not assigned Area A 0.06 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-091-002 548 S

SPRING ST
Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-091-003 562 S

SPRING ST
Area A 0.16 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-091-004 574 S

SPRING ST
Area A 0.15 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-091-005 592 S

SPRING ST
Area A 0.20 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-091-007 1651 2ND AV Area A 1.37 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Rural -
Improved
201-092-005 638 S

SPRING ST
Area A 0.24 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-006 650 S

SPRING ST
Area A 0.14 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-007 658 S

SPRING ST
Area A 0.14 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-009 1699 3RD ST Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-092-010 1695 3RD ST Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-011 1685 3RD ST Area A 0.20 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-021 1620 2ND AV Area A 0.40 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 5-9
Units
201-092-024 1702 2ND AV Area A 0.16 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-025 1666 2ND AV Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-031 1675 3RD ST Area A 0.19 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-032 not assigned Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-092-033 676 S

SPRING ST
Area A 0.26 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-092-034 608 SPRING
ST
Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-092-036 622 SPRING
ST
Area A 0.20 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-093-001 not assigned Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-093-002 573 S

SPRING ST
Area A 0.10 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-093-003 587 S

SPRING ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-093-004 1807 2ND AV Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-093-009 558 SPRING
ST
Area A 0.12 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-093-010 555 S

SPRING ST
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-093-011 not assigned Area A 0.13 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-094-001 607 S

SPRING ST
Area A 0.24 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-094-007 659 S

SPRING ST
Area A 0.18 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved, 2-4
Units
201-094-012 681 S

SPRING ST
Area A 0.37 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-094-013 627 S

SPRING ST
Area A 0.22 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-094-014 641 S

SPRING ST
Area A 0.21 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
202-011-001 694 S

SPRING ST
Area A 0.11 Mill District
(MD)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Improved
Single Family
Residential
201-149-023 not assigned Area B 0.53 Residential
Medium
(RM)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
EXHIBIT A (continued)
APN Situs Address Zoning
Area
Parcel
Acreage
(+/-)
GP Land
Use
Designation
Current
Zoning
Current
Zoning Ord. Proposed Zoning AssessorDescription
201-149-024 not assigned Area B 0.53 Residential
Medium
(RM)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-149-026 not assigned Area B 3.76 Residential
High (RH)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Rural -
Improved
201-149-037 not assigned Area B 0.24 Residential
Medium
(RM)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
201-149-039 not assigned Area B 0.23 Residential
Medium
(RM)
RM (Q-2) Ord. No. 88-
532 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
200-165-021 2381

VIRGINIA
DR
Area C 0.17 Residential
Medium
(RM)
RM (Q-16) Ord. No.
2002-633 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
200-165-022 2407

VIRGINIA
DR
Area C 0.15 Residential
Medium
(RM)
RM (Q-16) Ord. No.
2002-633 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
200-165-023 2431

VIRGINIA
DR
Area C 0.14 Residential
Medium
(RM)
RM (Q-16) Ord. No.
2002-633 Z
Residential
Multifamily
Qualified (R-MQ)
Vacant Single
Family
Residential
Attachment 3
Area A, Area B, and Area C:

Existing Zoning Maps and
Proposed Zoning Maps
December 1, 2025 Public Hearing of the
Fortuna City Council
Existing Zoning: Area A (portion) – South 15th – South 16th St Area Proposed Zoning: Area A (portion) – South 15th South 16th St Area Existing Zoning: Area A (portion) – Newburg Road Area
Proposed Zoning: Area A (portion) – Newburg Road Area
Existing Zoning: Area B – Redwood Way Area
Proposed Zoning: Area B – Redwood Way Area
Existing Zoning: Area C – Virginia Drive Area
Proposed Zoning: Area C – Virginia Drive Area
Attachment 4
Existing Qualified Combining Zones
• Ordinance No. 88-532 Z (Q-2) and
• Ordinance No. 2002-633 Z (Q-16)
October 28, 2025 Public Hearing of the
Fortuna Planning Commission
ORDINANCE NO. 88-532 Z
AN ORDINANCE AMENDING SECTION 17.08.030
<OFFICIAL ZONING MAP> OF TITLE 17, ZONING�

OF THE MUNICIPAL CODE OF THE CITY OF FORTUNA
The City Council of the City of Fortuna, State of California, does ordain as follows:

SECTION 1:

SECTION 2:

That Section 17.08.030 of Title 17 <Zoning
Ordinance) consisting of the Official Map of the
City of Fortuna is hereby amended as depicted on
Exhibit ''A."
The qualifications
General Plan Land
described below:
included
Use and
on the
Zoning
"Fortuna
Map" are
A. The area along South 12th Street just north
of Loni Drive to Newburg Road zonec
Commercial Thoroughfare, Qualified. The
Qualification eliminates commercial stables,
contractor yards, equipment storage
facilities, second hand stores, and warehouse
facilities from the conditionally permitted
uses.

B. The property located at 1787 Smith Lane zoned
as Commercial Thoroughfare, Qualified. The
Qualification is that a use permit would be
required for any development so that the
extension of Smith Lane and the need for
drainage easements can be evaluated.

C. The area on South 15th and 16th Street, the
properties on Spring Street, The properties
on the north side of 3rd Street west of
Fortuna Boulevard, and the properties on the
north side of Redwood Way past Safeway that
are zoned Residential Multifamily, Limited,
Qualified. The qualification is that a use
permit is required for any development that
increases the density of dwellings or
intensity of use other than a single family
residence.

SECTION 3: All ordinances or parts of ordinances or
resolutions in conflict herewith are hereby
repealed to the extent of such confl icts and no
further.

PASSED AND ADOPTED this 7th day of November, 1988
by the following vote:

AYES: Councilman Dean Lewis, Councilwoman Doris Osburn, Councilman Dennis Wood and Mayor Mel Berti
NOES: None
ABSENT: Councilman Rick Silvers
/fllJ,
Mayor, City of Fortuna
ATTEST:

City Clerk, City of Fortuna

FORTUNA GENERAL PLAN AND ZONING LAND USE MAP
(TO BE INSERTED)
Ordinance 88-532 adopts the Fortuna Zoning Map. The Zoning Map creates the B-1 Qualification with the following setbacks for certain specified areas: Front Yard: 20 feet; Side Yard: 5 feet; Rear Yard: 15 feet
"----
ORDINANCE NO. 2002-633Z
f!;t -\ ' 0 t_./
5c,V10C\ Sl ~ ~if')1/l'(A 0Wl· .i
.-\~ ORDINANCE AMENDING SECTION 17.08.030
(OFFICIAL ZONING MAP) OF TITLE 17, ZONING,

OF THE MUNICIPAL CODE OF THE CITY OF FORTUNA

AND THE CITY OF FORTUNA GENERAL PLAN
The City Council of the City of Fortuna, State of California, does ordain as follows:

SECT IO:\ 1:

SECTIO:\ 2
SECTIO:\ 3:

That Section 17.08.030 of Title 17 (Zoning Ordinance) consisting of the Official i\,lap of the City of Fortuna is hereby amended, and the City of Fortuna General Plan is hereby amended, to provide that :

1. The area depicted on Exhibit "A" currently zoned as Single F ami 1 y Residential (R-1-6) be rezoned to Residential Multi Family Qualified (RM-Q). The Q combining zone modifies
the uses of the RM zone by completely eliminating the
multifamily d\velling units as either a principal use or a conditional use. All uses othern,ise allowed remain the same as listed in Chapter 17.15.

All ordinances or parts of ordinances or resolutions in conflict here,,ith are hereby repealed to the extent of such conflicts and no furth er.

A negati\ e declaration of environmental impact has been prepared for this project and is hereby adopted.

PASSED . ..\~D . ..\DOPTED this -1-th day of \larch. 2002 by the following ,·ore. . ..\ YES
NOES:

ABSENT:

ABSTAIN
. ..\ TTEST
Counciln:;:n Berti. Chapman, Cooke. Shelton and i'vlayor Nyberg i\"one
~one
i\"one
f::> . ~ \__}.J . '-~ ·-·- ----
City Ckrk. Cir:- ot fortun,:

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