Buyer’s Initials:__________; Seller’s Initials: __________ hereof and this Agreement supersedes and replaces any and all prior and contemporaneous agreements, understandings and communications between the parties, whether oral or written, with regard to the subject matter hereof. There are no oral or written agreements, representations or inducements of any kind existing between the parties relating to this transaction which are not expressly set forth herein. This Agreement may not be modified except by a written agreement signed by both Buyer and Seller. Without limiting the foregoing, Buyer and Seller expressly acknowledge and agree that they have not relied on any written or oral statements made by the other party's real estate broker in entering into this Agreement.
18. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors in interest and assigns.
19. WAIVER. No waiver by any party at any time of any breach of any provision of this Agreement shall be deemed a waiver or a breach of any other provision herein or a consent to any subsequent breach of the same or another provision. If any action by any party shall require the consent or approval of another party, such consent or approval of such action on any one occasion shall not be deemed a consent to or approval of such action on any subsequent occasion or a consent to or approval of any other action.
20. CAPTIONS AND HEADINGS. The captions and paragraphs numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe, or describe the scope or intent of this Agreement.
21. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument. Electronic scan signatures and/or facsimile signatures shall be deemed to constitute originals.
22. GOVERNING LAW. This Agreement has been prepared, negotiated and executed in, and shall be construed in accordance with, the laws of the State of California. Any action or proceeding relating to or arising out of this Agreement shall be filed, if a State action, in the Superior Court of the State of California for the County of Humboldt, or if a Federal action, in the District of the United States District Court in which the Property is located.
23. ATTORNEYS FEES. If either party named herein brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action (or proceeding), on trial or appeal, shall be entitled to its reasonable attorneys' fees to be paid by the losing party as fixed by the Court.
24. TIME OF ESSENCE. Time is of the essence with respect to all matters contained in this Agreement.
25. DATE OF AGREEMENT. All references in this Agreement to the “Effective Date”, “the date of this Agreement” or “the date hereof” shall be deemed to refer to the date set forth in the first paragraph of this Agreement.
26. INVALIDITY OF ANY PROVISION. If any provision (or any portion of any provision) of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction under present or future laws effective during the term of this Agreement, the legality, validity, and enforceability of the remaining provisions (or the balance of such provision) shall not be affected thereby.
Buyer’s Initials:__________; Seller’s Initials: __________
27. NO RECORDATION. Buyer shall not record this Agreement, any memorandum of this Agreement, any assignment of this Agreement, or any other document which would cause a cloud on the title to the Property.
28. DRAFTING OF AGREEMENT. Buyer and Seller acknowledge that this Agreement has been negotiated at arm's length, that each party has been represented by independent counsel and that this Agreement has been drafted by both parties and no one party shall be construed as the draftsperson.
29. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of Buyer and Seller and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
30. INCORPORATION OF EXHIBITS. Each and all of the exhibits attached to this Agreement are incorporated herein as if set forth in full in this Agreement.
SIGNATURE PAGE TO FOLLOW
Buyer’s Initials:__________; Seller’s Initials: __________ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth in the first paragraph of this Agreement.
SIGNATURES
SELLER:
_________________________________________________
Troy Elbert Land
________________________________________________
TRUDY MARILYN EHMKE
BUYER: City of Fortuna
BY:
AMY NILSEN, CITY MANAGER
SCHEDULE OF EXHIBITS
Exhibit A1 Depiction of Portion of Property to be Conveyed Exhibit A2 Legal Description of Property
Exhibit B Combined Coastal Conservancy and Department Of General Services (DGS) Environmental Appraisal Specifications
Buyer’s Initials:__________; Seller’s Initials: __________ Exhibit A1 Depiction of Portion of Property to be Conveyed [EXHIBIT FOLLOWS THIS PAGE]
Buyer’s Initials:__________; Seller’s Initials: __________ Exhibit A2 Legal Description of Property
For APN/Parcel ID(s): 200-362-005, 106-091-040, 106-091-030 and 106-091-044 Real property in the unincorporated area of the County of Humboldt, State of California, described as follows:
PARCEL ONE
A portion of the Southwest Quarter of the Southwest Quarter of Section 2, and a portion of Lot 3 of Section 3, all in Township 2 North, Range 1 West, Humboldt Meridian, being more particularly described as a whole, as follows:
BEGINNING on the East line of the Southwest Quarter of the Southwest Quarter of said Section 2, at a point distant thereon 2 rods South from the Northeast corner thereof; thence West, along the South line of that certain strip of land 2 rods wide, as described in the deed from William Burnett to Thomas Deveshire, recorded January 7, 1874 in Book O of Deeds at page 99, and along any Westerly prolongation of said South line to the West line of said Lot 3; thence Southerly along the West line of said Lot 3, to the South line of said Section 3; thence East, along the South lines of said Sections 3 and 2, respectively to the Southeast corner of said Southwest Quarter of Southwest Quarter of Section 2;
thence North, along the East line of said Southwest Quarter of Southwest Quarter of Section 2, to the point of beginning.
PARCEL TWO
All that portion of the South Half of the South East Quarter of Section 3, Township 2 North, Range 1 West, Humboldt Meridian, known as Swamp and Overflowed Land Location No. 3518 (Survey No. 340), being more particularly described as follows:
BEGINNING at the U.S. Meander Post, 9.50 chains West of the corner common to Section 2, 3, 10 and 11 of Township 2 North, Range 1 West Humboldt Meridian;
thence as follows: North 8 degrees West 19.72 chains, West 24.09 chains, South 16 1/4 degrees East
8.63 chains, South 24 degrees 25 minutes East 11.77 chains, South 29 1/2 degrees East 0.62 chains and East 19.25 chains to the point of beginning.
PARCEL THREE
All that portion of the Northeast Quarter of Section 10, Township 2 North, Range 1 West, Humboldt Meridian, known as Swamp and Overflowed Land Location No. 3516 (Survey No. 339) being more particularly described as follows:
BEGINNING at the United States Meander post located 9.50 chains West of the corner common to Section 2, 3, 10 and 11 of Township 2 North, Range 1 West, Humboldt Meridian; thence from said point of beginning South 8 degrees 50 minutes East along the United States meander line, as same existed on October 24, 1899, being the date of above mentioned Survey No. 339, for a distance of 23.00 chains;
thence North 67 degrees West 12.10 chains;
thence North 39 3/4 degrees West 3.14 chains;
thence North 32 degrees 55 minutes West 11.46 chains;
Buyer’s Initials:__________; Seller’s Initials: __________ thence North 29 1/2 degrees West 6.85 chains;
thence East 19.25 chains to the point of beginning.
EXCEPTING THEREFROM any portion thereof lying within the natural bed of the Eel River, being that portion excepted in the Patent from the State of California to Oscalon H. Willsie, dated October 18, 1960 and recorded October 25, 1960 in Book 608 of Official Records, Page 197, under Recorder's File No. 17398, Humboldt County Records.
PARCEL FOUR
That portion of Section 10, Township 2 North, Range 1 West, Humboldt Meridian, described as follows:
BEGINNING at the Northeast corner of said Section 10;
thence West on the Section line 9.50 chains to the U.S. Meander line; thence South 09 degrees East to the intersection with the East line of said Section 10; thence North on the Section line to the point of beginning.
PARCEL FIVE
The West Half of the Northwest Quarter of Section 11, Township 2 North, Range 1 West, Humboldt Meridian.
EXCEPTING THEREFROM the lands more particularly described as follows:
(a) Commencing at the Southwest corner of the Northwest Quarter of Section 11, in Township 2 North, Range 1 West, Humboldt Meridian;
running thence North on the Section line 25 feet;
thence East 50 rods, more or less to the County Road;
thence South 25 feet to the Quarter Section line;
thence West on said Quarter Section line to the point of beginning.
Containing 1/2 acre, more or less.
(b) Commencing at a point 25 feet North of the Southwest corner of the Northwest Quarter of Section 11, Township 2 North, Range 1 West, Humboldt Meridian;
running thence North on said Section line 25 rods;
thence South 25 rods;
thence West 16 rods to the point of beginning.
Containing 2 1/2 acres of land, more or less.
Said excepted parcels being the same as described in the Tax Deed to D. A. Brinkley, recorded July 20, 1978, in Book 1504, Page 41, under Recorder's Serial No. 164146, Humboldt County Records.
PARCEL SIX
All that portion of the Southeast Quarter of the Southwest Quarter of Section 3, Township 2 North Range 1 West, Humboldt Meridian, known as Swamp and Overflowed Land Location No. 2833 (Survey No. 310) being more particularly described as follows:
BEGINNING at the Northeast corner of the Southwest Quarter of the Southwest Quarter of said Section 3;
thence East 3.25 chains to the bank of the Eel River, as same existed on August 13, 1888, being the date
Buyer’s Initials:__________; Seller’s Initials: __________ of said Survey No. 310 above mentioned;
thence along the margin of same as follows: South 9 degrees West 7.00 chains, South 10 degrees East
8.10 chains South 21 degrees East 5.47 chains to a Section line. Thence West 5.50 chains. Thence North
20.00 chains to the place of beginning.
EXCEPTING THEREFROM that portion, if any, lying outside the boundaries of said Southeast Quarter of Southwest Quarter above referred to.
Buyer’s Initials:__________; Seller’s Initials: __________ Exhibit B Hatched Area
[EXHIBIT FOLLOWS THIS PAGE]
N
N
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) 1515 Clay Street, 10
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510•286•1015 Fax: 510•286•0470
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
COMBINED COASTAL CONSERVANCY AND
DEPARTMENT OF GENERAL SERVICES (DGS)
ENVIRONMENTAL APPRAISAL SPECIFICATIONS
The appraisal must be completed and signed by a State of California Certified General Real Estate Appraiser who certifies that the appraisal is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) as currently adopted by the Appraisal Standards Board of the Appraisal Foundation.
The principal appraiser who is responsible for developing the appraisal report must certify that he/she has inspected the subject property and comparable properties whenever physically possible. The following specifications are required when applicable to the assignment:
1. Title page with sufficient identification of appraisal project.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value, date of report, etc.
3. Table of contents.
4. Assumptions and Limiting Conditions.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value as follows: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus.”
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural units if applicable.
8. Copies of assessor’s plat maps with the subject parcels marked and an assemblage of all contiguous assessor’s parcels that depicts the ownership.
9. A legal description of the subject property if available.
Exhibit C
Coastal Conservancy—Appraisal Specifications Page 2
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
10. For large, remote, or inaccessible parcels, aerial photographs or topographical maps depicting the subject boundaries.
11. Three-year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12. Discussion of any current agreement of sale, option, or listing of subject. This issue requires increased diligence since State agencies often utilize nonprofit organizations to quickly acquire sensitive-habitat parcels using option agreements. However, due to confidentiality clauses, the terms of the option are often not disclosed to the State. If the appraiser discovers evidence of an option, or the possible existence of an option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client. Current DGS policy requires disclosure of any option or purchase agreement. If the agreement is not made available, DGS will not review the appraisal.
13. Regional, area, and neighborhood analyses.
14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area (or other areas of competition), and a discussion of the relevant market factors affecting demand for site acquisition and leasing within the relevant market area.
15. Discussion of subject land/site characteristics (size, topography, current use, zoning and land-use issues, development entitlements, General Plan designations, utilities, offsite improvements, access, easements and restrictions, flood and earthquake information, toxic hazards, taxes and assessments, etc.).
16. Description of subject improvements, including all structures, square footage, physical age, type of construction, quality of construction, condition, site improvements, etc.
17. Subject leasing and operating cost history.
18. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use. Such support typically requires a discussion of the four criteria or tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash-flow, and risk factors leading to an ultimate highest and best use decision.
19. All approaches to market value applicable to the property type and in the subject market.
Explain and support the exclusion of any usual approaches to value.
20. Map(s) showing all comparable properties in relation to subject property.
21. Photographs and plat maps of comparable properties.
Coastal Conservancy—Appraisal Specifications Page 3
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
22. In-depth discussion of comparable properties, similarities and differences, and comparisons and adjustments to the comparable data, and discussion of the reliability and credibility of the data as they relate to the indicated subject property value.
23. Comparable data sheets: 1) For sales, include information on grantor/grantee, sale/recordation dates, listed or asking price as of date of sale, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. 2) For listings, also include market time from list date to effective date of the appraisal, original list price, changes in list price, and broker feedback, if available. 3) For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source.
24. Discussion of construction cost methodology, data source used, costs included and excluded, depreciation methodology, a discussion of accrued depreciation from all causes, and remaining economic life.
25. Copies of construction cost data, including section and pages of cost manual (date of estimate or date of publication of cost manual must be provided if not indicated on page), copies of cost estimate if provided from another source, and supporting calculations including worksheets or spreadsheets.
26. In partial take situations, a discussion of special benefit and severance damage.
27. Effect of title exceptions on fair market value. A PRELIMINARY TITLE REPORT MUST BE INCLUDED IN THE APPRAISAL REPORT. The preliminary title report should predate the effective date of the appraisal by no more than one year.
28. Reconciliation and final value estimate. Explain and support conclusions reached.
29. Discussion of any departures taken in the development of the appraisal.
30. Signed Certification consistent with language found in USPAP.
In addition to the above:
31. The appraiser shall investigate whether the appraised property is subject to implied dedications, prescriptive rights, occupancy rights, or other unrecorded easements as described in Sections 801 to 813, inclusive, and Sections 1006 to 1009, inclusive, of the Civil Code. (Regarding implied dedications, see, for example, Gion v. City of Santa Cruz (1970), 2 Cal.3d 29.) The appraisal report shall state the appraiser’s conclusions as to the existence of any such interests and detail the factual basis for the conclusions and the appraiser’s opinion as to the effect of any such interests on market value.
32. The property owner or a designated representative shall be offered the opportunity to accompany the appraiser during the appraiser's inspection of the property. The appraiser Coastal Conservancy—Appraisal Specifications Page 4
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y shall include a statement in the appraisal that on a certain date the owner or the designated representative was given the opportunity to accompany the appraiser and either accepted or declined. If accepted, the appraiser shall indicate the date on which the property was inspected with the owner or the representative.
33. If the appraiser's investigation or the preliminary title report reveals any information related to the public trust, the appraiser shall contact the State Lands Commission to determine the effect on the value of the property. The appraiser shall include in the appraisal report all pertinent facts and the appraiser's conclusion as to the effect, if any, on market value.
34. In the course of the appraiser's investigation of the property and review of related documents, the appraiser shall look for evidence of hazardous substances. The appraiser shall include in the appraisal report all facts and suspicions related to hazardous substances on the property. If the appraiser knows or can calculate the effect of such hazardous substances on value, the appraiser shall discuss these facts and the appraiser's conclusions in the appraisal report.
35. In the course of the appraiser's investigation of the property and review of related documents, the appraiser shall review the Local Coastal Program (or Plan), the Land-Use Plan, and other documents as appropriate to determine whether they delineate the approximate location or size of any sensitive areas on the property, including, but not limited to, riparian areas, wetlands, habitat for species recognized under federal or state endangered species acts, or Environmentally Sensitive Habitat Areas. The appraiser shall note any identified or obvious wetlands (whether or not referred to in any document as listed on the National Wetland Inventory of the U.S. Fish and Wildlife Service).
Additionally, the appraiser shall note references to existing conservation easements and areas subject to agricultural protection, whether or not under the Williamson Act. The appraiser shall include in the appraisal report all facts and suspicions related to the existence of such areas on the property. If the appraiser knows or can calculate the effect of the existence such areas or designations on value, the appraiser shall discuss these facts and the appraiser's conclusions in the appraisal report.
36. If the property’s valuation is based on its development potential, the appraisal shall include the following: (a) verifiable data on the development potential of the land; (b) a description of what would be required for a development project to proceed, such as legal entitlements and infrastructure needs; and (c) presentation of evidence that sufficient demand exists, or is likely to exist in the future, to provide market support for the development.
37. An appraisal report that includes more than nominal value for specialty interests shall include a separate valuation prepared and signed by a certified or registered professional qualified in the field of specialty interest. This valuation shall be reviewed and approved by a second qualified, certified or registered professional, considered by the appraiser, and appended to the appraisal report. "Specialty interests" means those partial property interests that may exist on a property and that can require specialized knowledge and experience to value, including, but not limited to, timber, water, minerals, or carbon credits.
38. On and after January 1, 2015, a landowner shall not be named as a co-client of the appraiser or firm preparing the appraisal. A landowner, however, may contribute to the costs of the appraisal and be identified as an intended user of the appraisal.
Coastal Conservancy—Appraisal Specifications Page 5
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
39. If the appraised property is acquired by the State or with funding from the State, the appraisal report will be subject to review by the public after close of escrow.
40. If the appraisal is of a “major acquisition” (i.e., an acquisition for which one or more State agencies propose to spend more than $15,000,000 of State funds), the appraisal report will be subject to review by the State Department of General Services as well as an independent appraiser retained by the State. The independent review report will be made available for public review not less than 30 days before an acquisition agency holds a public hearing for the purpose of authorizing the acquisition of the appraised property.
41. If applicable, in addition to the above, appraisals of telecommunications sites must also provide:
• A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors affecting demand for site acquisition and leasing within the relevant market area.
• An analysis of other (ground and vault) leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities, access, and road maintenance costs.
42. On occasions where properties involve personal property, business interests, water rights, minerals, or merchantable timber, separate valuations may be necessary. If the appraiser determines that there are such property interests or rights requiring a separate valuation, the appraiser shall notify his/her client. The client may choose to modify the appraisal request to include a separate valuation by an appropriate credentialed subject matter specialist. In such cases, the appraisal package submitted to DGS for review shall include the real estate appraisal and a separate valuation of the personal property, business interests, water rights, minerals, or merchantable timber by a credentialed subject matter specialist, together with a review of this separate appraisal/valuation by a second credentialed subject matter specialist.
Questions regarding these appraisal specifications may be directed to Prentiss Williams, Coastal Conservancy, at (510) 286-3773 or [email protected].
Revised 12/19/12.
Business Agenda Item 5d
STAFF REPORT
Business Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Katey Schmidt, Senior Planner, Community Development Department THROUGH: Amy Nilsen, City Manager
SUBJECT: Adoption of a zoning map amendment from Retail Commercial to Commercial Thoroughfare for Assessor’s Parcel Number 040-172-009 and finding the project exempt from the California Environmental Quality Act
PROJECT INFORMATION:
Applicant: City Ambulance/Abe Fockaert
APN: 040-172-009
Project Site: 703 Main Street
Zoning: Retail Commercial (RC)
General Plan Land Use: Commercial (COM)
STAFF RECOMMENDATION:
Adopt Ordinance 2026-783 approving a zoning map amendment from Retail Commercial to Commercial Thoroughfare for Assessor’s Parcel Number 040-172-009 and finding the project exempt from the California Environmental Quality Act.
DISCUSSION:
Subject parcel 040-172-009 is located on the southerly side of Main Street at the intersection with Seventh Street. The 10,000 square foot parcel is developed with a 1,500 square foot primary structure and a 960 square foot accessory structure. The primary structure was originally constructed as a single-family residence; however, the residence was later converted to commercial use. In 2021, a conditional use permit was issued to allow the parcel to be used as a contractor’s yard for a pest extermination business. Subsequently, that property owner retired and the parcel was sold to the current applicant.
The parcel is zoned “Retail Commercial” (RC) and has a General Plan Land Use designation of “Commercial” (COM). This site is located within a transitional area between the retail-oriented downtown district and the more intensive commercial corridor along North Main Street. The surrounding neighborhood is characterized by mixed-use development, predominantly commercial with some residential components. Adjacent properties include an auto shop to the east, a contractor’s office to the west, commercial space to the south, and office space as well as multi-family residential to the north.
Business Agenda Item 5d
The applicant proposes to rezone the parcel from Retail Commercial (RC) to Commercial Thoroughfare (CT), thereby extending the adjacent existing Commercial Thoroughfare zone to the east. Rezoning to CT would better align the property's historic uses with allowable uses and with the existing “Commercial” General Plan Land Use designation.
Additionally, the CT zone will allow “ambulance services” as a conditionally permitted use.
Conditional uses require an additional public hearing and the adoption of conditions of approval to mitigate potential impacts on surrounding areas. The Planning Commission will consider the applicant’s Conditional Use Permit (CUP) request at a later date, due to the timing of the application submittals.
REGULATORY CONTEXT:
Section 17.07.200 of the City of Fortuna Municipal Code establishes procedures for Title 17 to be amended, supplemented, changed, modified, or repealed, including, but not limited to, amendments of the zoning text, changing any property from one zone to another, imposing any regulation not theretofore imposed, or modifying any such regulation theretofore imposed. The proposed zoning amendment is consistent with these procedures.
The parcel is currently zoned “Retail Commercial” with a General Plan Land Use Designation of “Commercial.” The Retail Commercial District is intended to provide a complete and intensive commercial center in the downtown commercial area, whereas the purpose of the Commercial Thoroughfare District is to provide for retail, wholesale, highway, and heavy commercial uses.
The existing Commercial (COM) General Plan Land Use designation provides for neighborhood and locally oriented commercial centers that may include retail and service uses, limited professional and administrative offices, public and quasi‐public uses, and similar and compatible uses. This GPLU is compatible with the Commercial Thoroughfare zoning and will not need to be amended as part of the rezone.
ANALYSIS
The following provides a comparison of the existing and proposed zoning district.
Existing Zoning
17.03.021 RETAIL COMMERCIAL ZONING
DISTRICT (R-C)
Proposed Zoning
17.03.022 COMMERCIAL THOROUGHFARE
Purpose
The purpose of the R-C district is to stabilize, improve, and protect the commercial characteristics of the retail business district of the city. The R-C district is
intended to provide a complete and intensive
commercial center in the downtown commercial area.
The purpose of the C-T district is to provide for retail, wholesale, highway, and heavy commercial uses, along
with amusement, transient residential, warehousing and
distribution, maintenance, repair, and servicing
activities.
Business Agenda Item 5d
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);
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.
1. Automotive services, general.
2. Childcare facilities with eight or fewer children.
3. Commercial recreation facilities, such as swimming
pools, bowling alleys, skating rinks, and dance halls.
4. Community care facilities for six or fewer.
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.
Conditional Uses
1. Automobile rental agencies, commercial parking lots
and parking structures, and service stations subject to the provisions of FMC 17.06.184;
2. Automotive services, general;
3. Child care facilities with nine or more children,
subject to the provisions of FMC 17.06.020;
4. Commercial recreation facilities subject to the
following:
a. Ingress and egress shall be at least 20 feet from any property line;
b. Landscape and screening provisions of FMC
17.05.110 shall be followed;
5. Community care facilities for seven or more (FMC
17.08.152);
6. Contractors’ shops and yards;
7. Food stores;
8. Major retail development, subject to the provisions
of FMC 17.06.120;
9. Mortuaries, crematories, and columbaria;
10. Plant nurseries;
11. Shopping centers, which are subject to all three of the following:
a. Minimum size of two acres, including adjacent and
associated lots developed, managed, or owned by the
same party, which may or may not be enjoying joint
reciprocal parking and/or access; and
b. Placement of the -D design control combining zone
on the entire project site; and
c. Approval of the final site plan by the city council
after review by the planning commission;
1. Auto body, fender, and radiator shops;
2. Ambulance service, mortuary, crematorium, or
columbarium;
3. Child care facilities with nine or more children,
subject to the provisions of FMC 17.06.020;
4. Community care facilities with seven or more (FMC
17.08.152);
5. Commercial stables;
6. Contractors’ shops and yards;
7. Live theater;
8. Equipment rental and storage;
9. Light service industries, as defined by resolution of the city council;
10. Major retail development, subject to the provisions of FMC 17.06.120;
11. Mobile home parks, subject to the provisions of
FMC 17.06.123;
12. Public and quasi-public buildings and uses,
including corporation yards, warehouses, and similar
uses;
13. Recreational vehicle parks, subject to FMC
17.06.170;
14. Residential uses that conform with the density,
open space and setback requirements of the RM zone,
subject to design review under Chapter 17.07 FMC,
with the exception of single-family dwellings;
15. Shopping centers, which are subject to all four of
the following:
a. Minimum size of two acres, including adjacent and
associated lots developed, managed, or owned by the
Business Agenda Item 5d
12. Warehousing and wholesaling;
13. Residential uses that conform with the density,
open space, and setback requirements of the RM zone,
subject to design review under Chapter 17.07 FMC,
with the exception of single-family dwellings;
14. Mobile food vending.
same party, which may or may not be enjoying joint
reciprocal parking and/or access; and
b. Placement of the -D design control combining zone
on the entire project site; and
c. Approval of the final site plan by the city council
after review by the planning commission; and
d. All principal permitted uses allowed in the R-C
zone;
16. Veterinary facilities, subject to the provisions of FMC 17.06.210;
17. Secondhand stores;
18. Warehousing and wholesaling, when completely
enclosed inside a building;
19. Mobile food vending.
ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061 (b)(3) the “Common Sense Exemption” because it can be seen with certainty that the administrative act of amending the zoning map will not result in any changes to the environment. Further, any future development projects associated with this rezone will undergo additional environmental review at the time of application.
RECOMMENDED COMMISSION ACTION:
1. Receive staff presentation and review Council questions with staff.
2. Open the public hearing and receive public comment.
3. Close the public hearing.
4. Motion to Adopt Ordinance 2026-783, and read by title only. Roll Call vote.
Any requirements and/or modifications should be included in the motion.
ATTACHMENTS:
Attachment 1: Ordinance 2026-783 An Ordinance of the City Council of the City of Fortuna Approving a Zoning Map Amendment from Retail Commercial to Commercial Thoroughfare for Assessor’s Parcel Number 040-172-009 and Finding the Project Exempt from the California Environmental Quality Act
Attachment 2: Exhibit A
ORDINANCE 2026-783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA
APPROVING A ZONING MAP AMENDMENT FROM RETAIL COMMERCIAL TO COMMERCIAL THOROUGHFARE FOR ASSESSOR’S PARCEL NUMBER 040-172- 009 AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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, amending the Zoning Map designation from Retail Commercial (RC) to Commercial Thoroughfare (CT), will be in public interest as it will expand allowable uses, and will not be detrimental to the public health, safety, or general welfare as it will not result in any changes in density or population within the City, and
WHEREAS, the City’s General Plan Goal LU-1.5 provides that the City shall promote the development of a healthy balance of residential, commercial, open space, institutional, and industrial businesses within the city, and the proposed Commercial Thoroughfare (CT) Zoning will be compatible with existing CT zoning to the east of the subject parcel; and WHEREAS, the rezone is exempt from the California Environmental Quality Act (CEQA) under Section 15061 (b)(3) the “Common Sense Exemption” because it can be seen with certainty that the administrative act of amending the zoning map will not result in any changes to the environment; and
WHEREAS, on February 10, 2026, at a duly noticed public hearing, the Planning Commission considered the proposed project application and supporting materials, staff report, and public testimony, made all of the required findings to amend the Fortuna Zoning Map and CEQA findings, and recommended that the City Council adopt the Zoning Map amendments identified in Attachment 1; and
WHEREAS, on March 2, 2026, at a duly noticed public hearing, the City Council considered the proposed project application and supporting materials, staff report, and public testimony, can make all of the required findings to amend the Fortuna Zoning Map and CEQA findings; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Fortuna hereby adopts the Zoning Map amendments identified in Attachment 1.
PASSED AND ADOPTED on this 2
nd day of March 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: _____________________________
Mike Johnson, Mayor
ATTEST: ______________________________
Siana L. Emmons, City Clerk
Project Location
7th Street
8th Street
703 Main Street
Zoning Map Amendment
040-172-009
Assessor’s Parcel Maps
7 th Street
8 th Street
703 Main Street
Zoning Map Amendment
040-172-009
Aerial Map
703 Main Street
Zoning Map Amendment
040-172-009
Existing Zoning Map
RETAIL COMMERCIAL
CT
703 Main Street
Zoning Map Amendment
040-172-009
Proposed Zoning Map
CT
CT
703 Main Street
Zoning Map Amendment
040-172-009
General Plan Land Use
Designation
CBD
COM
703 Main Street
Zoning Map Amendment
040-172-009
Site Plan
Business Agenda Item 5e
STAFF REPORT
Business Agenda Item
DATE: March 2, 2026
TO: Honorable Mayor and Council Members
FROM: Jason Kadle- Police Lieutenant
THROUGH: Amy Nilsen, City Manager
SUBJECT: Hiring Freeze Exception for Vacant Part-Time/On-Call Public Safety Dispatcher Position
STAFF RECOMMENDATION:
Approve an exception to the current hiring freeze to allow recruitment and appointment of the currently vacant Part-Time/On-Call Public Safety Dispatcher position.
EXECUTIVE SUMMARY:
The Fortuna Police Department utilizes a Part-Time/On-Call Public Safety Dispatcher position to assist with filling full-time shifts.
The position of Public Safety Dispatcher is a highly specialized position which requires significant training and certifications. Maintaining a trained and qualified Part-Time/On-Call Public Safety Dispatchers is critical for the ongoing successful operations of the Communications Center and the Police Department. This position is fully capable of fulfilling the role of a full-time Public Safety Dispatcher and is utilized on a temporary on-call basis, providing the department with the ability to maintain coverage and operational status when needed. The position is primarily utilized to provide coverage during times of increased need, unforeseen emergencies, full-time vacancies, employee leave and special event coverage.
An understaffed police department communications center increases risks to first responders and the community. The position of Part-Time/On-Call Public Safety Dispatcher assists in mitigating these risks.
DISCUSSION:
The longtime employee working in the position of Part-Time/On-Call Public Safety Dispatcher resigned from the position on February 24, 2026, creating a vacancy.
The position of Part-Time/On-Call Public Safety Dispatcher requires applicants to have specialized experience and training in Public Safety Dispatching, which greatly limits the pool of applicants. With the required experience, training and flexibility this position requires recruitment may be affected.
Business Agenda Item 5e
The department is forecasting that with a Public Safety Dispatcher planned retirement in approximately 15 months and other anticipated employee leaves on the horizon the need for this position is even more critical.
Currently the City is operating under a Hiring Freeze. Per the Council’s adopted staff report, vacancies in General Fund departments require explicit Council approval before recruitment may begin, unless automatically exempt.
FISCAL IMPACT:
No additional appropriation is requested. Salary for this position is on an on-call basis and will be offset by filling vacancies when dispatchers are on leave, injured or sick. The Part-Time/On-Call Public Safety Dispatcher position will minimize the need for full-time dispatchers to have to work, ultimately saving on budget constraints on overtime.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
• Deny the exception – Not recommended. This would delay the recruitment, background and hiring process that takes months to complete if one of the full-time Public Safety Dispatchers utilizes extended leave or leaves the city’s employment. • Delay recruitment until freeze is lifted – Not recommended. This would delay the recruitment, background and hiring process that takes months to complete if one of the fulltime Public Safety Dispatchers utilizes extended leave or leaves the city’s employment.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions
2. Open Public Comment
3. Close Public Comment
4. Motion to approve an exception to the hiring freeze for the Police Department part-time/oncall Dispatcher position and begin recruitment/hiring process. Roll Call vote.