Chapter 17.06 REGULATIONS THAT APPLY TO SPECIFIC USES

A. An “accessory building” means a detached subordinate building situated on the same lot as the main building and used for an accessory use. A detached accessory building includes an accessory building connected to a main building by a breezeway or similar structure.

B. Any accessory building attached to the main building shall be made structurally a part of the main building.

C. All accessory buildings shall comply in all respects to ordinance provisions applying to main buildings. Accessory buildings shall be included in the calculations of lot coverage. Exceptions to height limitations for accessory buildings are allowed as specified in FMC 17.05.070(B).

D. Detached accessory buildings, except as described in this section for guesthouses, shall be at least three feet from any building on the same parcel. Detached accessory buildings that do not require a building permit, and have a projected roof area of 120 square feet or less, may be located within three feet of a side or rear lot line.

E. Accessory buildings used as garden shelters, greenhouses, storage shelters, barns, and covered patios are permitted, provided they are not equipped for use as living quarters.

F. Accessory buildings with vehicular access for parking or unloading shall not be closer than 20 feet to the nearest street right-of-way. Accessory buildings with vehicular access from an alley for parking and unloading shall not be closer than 10 feet from said alley, except in any R zone, in a block where more than one-half of the lots that back onto an alley are developed with accessory buildings with vehicular access for parking and unloading, and where no driveway access exists from the street, the required distance from the alley shall be the average of the existing improved alley garage sites to a maximum of 10 feet. All accessory buildings shall be a minimum of five feet from any easement that is less than 20 feet wide.

G. Guesthouse accessory buildings shall comply in all respects to ordinance provisions applying to main buildings. Guesthouses are defined in FMC 17.06.061. (Ord. 2011-692 § 2 (Exh. A)).

17.06.001.5 Accessory dwelling units.

A. Purpose. This section establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 65852.2 through 65852.22. These standards are intended to allow accessory dwelling units as a form of affordable housing in

Fortuna while maintaining the character and quality of life of residential neighborhoods.

B. Definitions.

1. Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

2. Detached Accessory Dwelling Unit. An accessory dwelling unit that does not share a common wall with the primary dwelling and is not fully contained within the existing space of an accessory structure.

3. Attached Accessory Dwelling Unit. An accessory dwelling unit that shares at least one common wall with the primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure.

4. Internal Accessory Dwelling Unit. An accessory dwelling unit that is fully contained within the existing space of the primary dwelling or an accessory structure.

5. Junior Accessory Dwelling Unit. An internal accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

C. Summary of Standards and Permit Requirements.

1. The standards that apply to an accessory dwelling unit vary depending on the type and size of the accessory dwelling unit. For example, an accessory dwelling unit attached to a single-family home must comply with standards in subsections (E) (General Requirements), (G) (Development Standards), and (H) (Objective Design Standards) of this section. In contrast, an accessory dwelling unit up to 800 square feet and 16 feet in height that is detached from a single-family home must comply only with standards in subsection (E) of this section (General Requirements).

2. Table 1 identifies standards that apply to different sizes and types of accessory dwelling units in conformance with state law. Table 1 also identifies permits required for these accessory dwelling units. See subsection (F) of this section (Units Subject to Limited Standards) for additional information on types of accessory units allowed with a building permit only.

Table 1: Standards and Permits Required for ADU Types
ADU Type	Standards	Permit
Single-Family Lots
All Internal ADUs, including JADUs	E. General Requirements	Building Permit Only
Attached	E. General Requirements G. Development Standards H. Objective Design Standards	ADU Permit and Building Permit [1]
Detached
Up to 800 sq. ft. and 16 ft. height	E. General Requirements	Building Permit Only
Greater than 800 sq. ft. and/or 16 ft	E. General Requirements G. Development Standards H. Objective Design Standards	ADU Permit and Building Permit [1]
Multifamily Lots
Internal [2]	E. General Requirements	Building Permit Only
Detached [3]	E. General Requirements	Building Permit Only

[1] ADUs that request deviation from subsection (H) of this section, Objective Design Standards, allowed with design review. ADUs that request deviation from subsection (G) of this section, Development Standards, require a use permit.

[2] Limited to portions of existing multifamily dwelling structures that are not used as livable space. Allowed ADUs limited to 25 percent of existing multifamily dwellings.

[3] Maximum two ADUs on a lot. Maximum height 16 feet.

D. Permitting Process.

1. When Consistent With Standards.

a. An accessory dwelling unit that complies with all standards in this section shall be approved ministerially without discretionary review or a public hearing.

b. As shown in Table 1 and described in subsection (F) of this section (Units Subject to Limited Standards), certain types of accessory dwelling units require a building permit only. All other types of accessory dwelling units require an ADU permit and a building permit. The purpose of the ADU permit is to confirm project conformance with standards in subsections (G) (Development Standards) and (H) (Objective Design Standards) of this section.

c. The time frame for city action on an application is the same for accessory dwelling units requiring a building permit only and those requiring an ADU permit. If an existing single-family or multifamily dwelling exists on the lot upon which an accessory dwelling unit is proposed, the city shall act on the application within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.

d. The city has acted on the application if it:

i. Approves or denies the building permit for the accessory dwelling unit; and/or

ii. Informs the applicant in writing that the accessory dwelling unit as proposed does not qualify for ministerial approval. If the applicant submits project revisions in response to this information, the city shall accept the revisions as a new application subject to a new 60-day time period.

e. If the accessory dwelling unit application is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the accessory dwelling unit application until the city acts on the permit application for the new single-family dwelling. The city shall act on the accessory dwelling unit application without discretionary review or hearing within 60 days of action on the new single-family dwelling.

2. When Deviating from Standards.

a. A proposed accessory dwelling unit that deviates from the standards in subsection (H) of this section (Objective Design Standards) shall be reviewed and may be approved or denied subject to the design review procedures in FMC 17.07.100 (Design review).

b. A proposed accessory dwelling unit that deviates from standards in subsection (G) of this section (Development Standards) or any other applicable physical standard of this section shall be reviewed and may be approved or denied subject to the use permit procedures in FMC 17.07.060 (Use permits).

3. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of an application to create a new single-family dwelling on the parcel, the city shall either:

a. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or

b. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures and requirements as the separate construction.

E. General Requirements. The following requirements apply to all accessory dwelling units:

1. Where Allowed. An accessory dwelling unit is permitted:

a. In any zoning district where single-family or multifamily dwellings are a permitted use; and

b. Only on a lot with an existing or proposed single-family or multifamily dwelling.

2. Maximum Number per Lot. Not more than one accessory dwelling unit is allowed per lot except as allowed by subsection (F) of this section (Units Subject to Limited Standards).

3. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling.

4. Entrance. An accessory dwelling unit must have an exterior entrance separate from the primary dwelling.

5. Rental. A rented accessory dwelling unit shall not be leased for any period less than 30 days.

6. Converting and Replacing Existing Structures.

a. An internal ADU may be constructed regardless of whether the structure within which it would be located conforms to the current zoning requirement for setbacks.

b. If an existing structure is demolished and replaced with an accessory dwelling unit, the accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.

7. Nonconformities. The city shall not require, as a condition for approval of an accessory dwelling unit, the correction of nonconforming zoning conditions.

8. Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with all of the following standards:

a. Either the primary dwelling or the junior accessory dwelling unit must be occupied by the property owner.

b. A junior accessory dwelling unit must either:

i. Contain its own full bathroom with a sink, toilet and shower and/or bath facilities; or

ii. Share use of a full bathroom located within the primary dwelling.

c. A junior accessory dwelling unit must contain, at a minimum, an efficiency kitchen with:

i. A cooking facility with appliances; and

ii. At least three linear feet of food preparation counter space and three linear feet of cabinet space.

d. Cooking appliances may consist of either a permanent cook top and/or built-in oven, or a plug-in microwave oven, hot plate, or similar appliances intended for use on top of a countertop.

9. Foundation. An accessory dwelling unit shall be constructed on a permanent foundation. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit if it is placed on a permanent foundation.

10. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if fire sprinklers would not be required for the primary residence under the current fire code.

11. Utilities.

a. The city shall not consider an accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed concurrently with a new single-family dwelling.

b. The city shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

c. The following applies to an accessory dwelling unit described in subsection (F)(1) of this section (Internal Accessory Dwelling Units):

i. The city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed concurrently with a new single-family home.

ii. The city may require a new or separate utility connection directly between the accessory dwelling unit and the utility consistent with Government Code Section 65852.2(f)(5).

d. The city may require, as part of the application for a permit to create an accessory dwelling unit connected to an on-site wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

F. Units Subject to Limited Standards. The city shall ministerially approve an application for a building permit within a residential or mixed-use zoning district to create the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in subsections (G) (Development Standards) and (H) (Objective Design Standards) of this section do not apply to these types of accessory dwelling units.

1. Internal Accessory Dwelling Units. One internal accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

a. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b. The space has exterior access from the proposed or existing single-family dwelling.

c. The side and rear setbacks are sufficient for fire and safety.

d. The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22.

2. Detached Accessory Dwelling Units. One detached, new construction, accessory dwelling unit for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (E)(1) of this section. The accessory dwelling unit must comply with the following:

a. Maximum floor area: 800 square feet.

b. Maximum height: 16 feet.

c. Minimum rear and side setbacks: four feet.

3. Nonlivable Multifamily Space.

a. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:

i. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to maximum of 25 percent of the existing multifamily dwelling units; and

ii. Each accessory dwelling unit shall comply with building code standards for dwellings.

b. The accessory dwelling unit must be located within a structure containing existing multifamily units. The accessory dwelling unit may not be located in a detached garage, carport, or other accessory structure on the lot that contains no existing multifamily units.

4. Detached Accessory Dwelling Units on Multifamily Lots. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the following:

a. Maximum height: 16 feet.

b. Minimum rear and side setbacks: four feet.

G. Development Standards. Except as provided in subsection (F) of this section (Units Subject to Limited Standards), an accessory dwelling unit shall comply with the following development standards:

1. Floor Area. The floor area of an accessory dwelling unit shall not exceed the maximums shown in Table 2.

Table 2: Maximum Floor Area
ADU Type	Maximum ADU Floor Area
Attached
One bedroom or less	50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
More than one bedroom	50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached	1,200 sq. ft.
Internal	No maximum
Junior	500 sq. ft.

2. Lot Coverage. For lots in the R-1 zoning district with an accessory dwelling unit, the maximum lot coverage is 50 percent.

3. Property Line Setbacks.

a. All Accessory Dwelling Units.

i. An accessory dwelling unit shall be set back from property lines as required by Table 3.

ii. See also subsection (E)(6) of this section (Converting and Replacing Existing Structures) for set back exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure.

b. Detached Accessory Dwelling Units – Front Setbacks.

i. A detached accessory structure shall not occupy a required front yard.

ii. In no case may a detached accessory structure be closer to the front property line than the principal structure on the lot. If the principal structure is set back from the front property line greater than the minimum distance required by the zoning district, the front setback of the detached accessory structure must be equal to or greater than the setback of the principal structure.

Table 3: Minimum Property Line Setbacks
Property Line	ADU Type
Property Line	Attached	Detached	Internal	Junior
Front	Same as primary dwelling [1]		None required
Side	4 ft.	4 ft. or 0 ft. adjacent to an alley
Rear	4 ft.	4 ft. or 0 ft. adjacent to an alley

Note:

[1] For detached accessory dwelling units, see also subsection (G)(3)(b) of this section.

4. Height.

a. Attached ADU.

i. The maximum allowed height for an attached accessory dwelling unit is the height of primary residence or the maximum permitted in the zoning district, whichever is less.

ii. A project that increases the height of the primary residence to accommodate an accessory dwelling (e.g., adding a story or raising the structure) is allowed with design review. In such a case, the residence may not exceed the maximum permitted in the zoning district.

b. Detached ADU. The height of a detached accessory dwelling unit shall not exceed:

i. Sixteen feet with ministerial approval; and

ii. The maximum height of the zoning district with a use permit.

c. Internal and Junior ADUs. Height standards do not apply to internal and junior accessory dwelling units.

5. Parking.

a. No additional parking is required for an accessory dwelling unit.

b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.

H. Objective Design Standards. The standards in this section apply to all accessory dwelling units not approved pursuant to subsection (F) of this section (Units Subject to Limited Standards).

1. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street.

2. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use.

a. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:

i. A six-foot solid fence on the property line; or

ii. Clerestory or translucent windows for all windows facing the adjacent property. The bottom of a clerestory window must be at least five and one-half feet above the adjoining floor.

b. For a second story wall, all windows facing the adjacent property shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the use permit approval process.

3. Second Story Decks and Balconies. Second story decks and balconies shall be set back a minimum of 10 feet from a side or rear property line adjoining a lot occupied by a single-family dwelling.

4. Outdoor Stairs. Outdoor stairs serving a second story accessory dwelling unit shall be oriented to the interior of the lot, rather than a side or rear property line immediately adjacent to the accessory dwelling unit. The planning commission may allow an exception to this requirement through the use permit approval process for projects that utilize alternative methods to minimize privacy, noise, and aesthetics impacts associated with outdoor stairs.

5. Architectural Details. Table 4 shows architectural detail standards for accessory dwelling units.

Table 4: Architectural Detail Standards
	Non-Historic Property [1]		Historic Property [1]
	Attached ADU	Detached ADU	Attached ADU	Detached ADU
Primary Exterior Materials [2]	Same as primary dwelling [3]	No requirement	Same as primary dwelling; or horizontal wood, fiber cement, or board and batten siding or shingles [3]	Horizontal wood, fiber cement, or board and batten siding, or shingles [4]
Window and Door Materials	No requirement		Wood, composite, pre-finished metal with a non-reflective finish
Window Proportions	No requirement		Windows must be taller than they are wide or match the proportions of the primary dwelling window [5]
Window Pane Divisions	No requirement		True or simulated divided lights; or same as primary dwelling
Roof Material	Same as primary dwelling [3]	No requirement	Same as primary dwelling [3]	Same as primary dwelling; or architectural composition shingles, clay tile, slate, or non-reflective standing seam metal [3]
Roof Pitch	No requirement		No requirement	4:12 or greater [6]

Notes:

ADUs that request deviation from these standards may be allowed with design review.

[1] “Historic property” means a property that qualifies as a historic structure as defined in FMC 15.52.270.

[2] Standard does not apply to secondary and accent materials.

[3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may differ from the primary dwelling.

[4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit.

[5] Bathroom windows may be horizontally oriented.

[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.

6. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in FMC 15.52.270 for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least 18 inches from the parallel side or rear building wall to distinguish it from the historic structure.

I. Deed Restriction.

1. An executed deed restriction, on a form provided by the city, shall be submitted to the city prior to issuance of a building permit and shall be recorded prior to final occupancy. The deed restriction shall stipulate all of the following:

a. The accessory dwelling unit shall not be rented for any period less than 30 days at a time.

b. The accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary dwelling.

c. For junior accessory dwelling units, restrictions on size, attributes, and owner-occupancy in conformance with this section.

d. The property owner and all successors in interest shall maintain the accessory dwelling unit and the property in accordance with all applicable accessory dwelling unit requirements and standards.

2. The deed restriction shall lapse upon removal of the accessory dwelling unit. (Ord. 2021-749 § 1 (Exh. 1)).

17.06.002 Accessory uses.

Accessory uses, as defined in FMC 17.08.025, shall be permitted as appurtenant to any permitted use without the necessity of securing a use permit, unless otherwise provided in this title; provided, that no accessory use shall be conducted on any property in an R zone unless and until the main building is erected and occupied, or until a use permit is secured. (Ord. 2011-692 § 2 (Exh. A)).

17.06.003 Adult entertainment activities.

A. Conditional Use. Adult entertainment activities are not permitted in any zone except upon the granting of a conditional use permit pursuant to the procedure in Chapter 17.07 FMC.

B. Location. No person, whether as a principal or agent, clerk, or employee, either for himself or any other person, or as an officer of any corporation or otherwise, shall place, maintain, own, or operate any adult bookstore, adult movie theater, or adult entertainment cabaret in the following locations:

1. In any residential zone in the city;

2. Within 1,000 feet of any parcel of real property on which is located any of the following facilities:

a. A school attended by minors;

b. A church that conducts religious education classes attended by minors;

c. A park or recreation facility frequented by minors;

3. Within 500 feet of any other adult bookstore, adult movie theater, or adult entertainment cabaret.

C. No Outside Display. Adult bookstores, adult motion picture theaters, or cabarets shall not display or exhibit any material depicting adult human genitals or specified sexual activities in a manner that exposes the material to the view of persons outside the building in which the bookstores, motion picture theaters, or cabarets are located. (Ord. 2011-692 § 2 (Exh. A)).

17.06.004 Airports and heliports.

A. Airports, heliports, and landing strips for aircraft may be permitted, with a use permit, in any agricultural, industrial, or flood zone.

B. Heliports and helipads may be permitted in commercial zones, or in conjunction with institutional uses, upon issuance of a use permit. (Ord. 2011-692 § 2 (Exh. A)).

17.06.005 Amusement centers and kindred activities.

Amusement centers, bowling alleys, dance halls, and other places of entertainment shall provide parking with ingress and egress designed to minimize traffic congestion, shall not be less than 20 feet away from any property line, and shall be screened in accordance with FMC 17.05.110. (Ord. 2011-692 § 2 (Exh. A)).

17.06.006 Animals and animal shelters.

Adult domestic animals may be kept as accessory to any residential use, according to the following schedule:

A. One large domestic bovine or equine animal may be kept on any parcel of not less than one acre. One additional animal may be kept for each one-half acre by which such parcel exceeds one acre.

B. Four medium-sized domestic animals, including sheep and goats, may be kept on any parcel of not less than one acre. One additional animal may be kept for each 10,000 square feet of area by which such parcel exceeds one acre.

C. Up to four adult dogs or cats may be kept on any parcel in any R zone that is less than one acre in size. One additional adult animal may be kept for each additional 10,000 square feet of lot size beyond one acre.

D. Not more than 10 small domestic animals, including rabbits and poultry, may be kept on any parcel of not less than 10,000 square feet. One additional animal may be kept for each additional 500 square feet of net lot area beyond 10,000 square feet. (Ord. 2011-692 § 2 (Exh. A)).

17.06.007 Assemblages.

No circus, cabaret, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and/or automobiles shall be permitted in any zone, unless a use permit is first secured in each case. (Ord. 2011-692 § 2 (Exh. A)).

17.06.010 Bed-and-breakfast inns.

A. General Provisions. The purpose of this section is to establish standards to ensure compatibility of these commercial lodging establishments with the residential or commercial character of the surrounding neighborhood.

B. Applicability. This section applies wherever the bed-and-breakfast use type is permitted.

C. Screening Standards.

1. All trash receptacles shall be screened to reduce their visual impact.

2. Six-foot-high fencing shall be provided on common property lines or around the inn to buffer adjoining land uses.

3. All parking facilities shall be screened, in accordance with FMC 17.05.040.

D. Landscaping. At least 10 percent of the parcel shall be landscaped, in accordance with FMC 17.05.110.

E. Signs. Four square feet of sign area shall be allowed in residential districts. In commercial districts, all signs shall meet the standards in FMC 17.05.180.

F. Occupancy Standards.

1. The owner/operator shall reside on the premises.

2. No person shall stay for more than 14 consecutive days.

G. Meals. In residential districts, meals shall be provided only to guests. Bed-and-breakfast inns that provide meals shall obtain the approval of the Humboldt County Division of Environmental Health.

H. Parking. Parking facilities and spaces shall be provided in accordance with FMC 17.05.040. (Ord. 2011-692 § 2 (Exh. A)).

17.06.020 Child care facilities.

A. Purpose. The purpose of this section is to:

1. Provide the opportunity for the establishment of a day care environment that is conducive to healthy and safe development of children, while also providing for the protection of the privacy and property rights and values of the residents living in residential districts.

2. Minimize the impacts of child care facilities in residential areas, including, but not limited to, noise, aesthetics, and traffic.

B. Definition. “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less-than-24-hour basis. “Child day care facility” includes day care centers, employer-sponsored child care centers, and family day care homes, as defined by state law.

C. Permit Requirements.

1. Child day care facilities for eight or fewer children are principally permitted in the R-1, RE, R-M, N-C, R-C, C-T, PF, and A-E zones. In those zones where a residential use is conditionally permitted (N-C, R-C, C-T, and PF), a use permit pursuant to the provisions of Chapter 17.07 FMC must be obtained for the residential use prior to establishment of a child day care facility.

2. Child day care facilities with more than eight children are conditionally permitted in the R-1, RE, R-M, N-C, R-C, C-T, PF, and A-E zones.

D. Development Standards. Child day care facilities that require a use permit may be allowed, based on findings by the planning commission for use permits under Chapter 17.07 FMC, as well as findings that the following criteria are met:

1. Site Size and Number of Children.

a. There is no limit on the number of children in the R-M, N-C, R-C, C-T, and PF zones.

b. The following is applicable to the R-l, RE, and A-E zones.

Minimum Lot Size	Maximum Number of Children
Less than 10,000	8
10,000 – 19,999	14
20,000 – 39,999	19
40,000 or more	24

2. Setbacks.

a. The site shall be of a size and shape sufficient to provide an adequate setback from the outdoor play area to any property lines abutting residential districts. Such setback shall be sufficient to:

i. Provide for an adequate vegetative, topographic or other buffer;

ii. Preserve the privacy of adjoining property.

3. Facility restrictions for child day care facilities located in R-l, RE, and A-E zones:

a. The facility must be located in, or associated with, an occupied residence;

b. There can be no visible evidence from the street of the existence of the facility;

c. There can be no address included in a business telephone listing;

d. There can be no signs on or off the property advertising the facility.

4. Screening.

a. In a residential district, outdoor play areas must be located to the rear of the parcel and cannot be visible from the street.

b. An opaque fence or wall not less than six feet high shall be placed around any outdoor play area abutting a residential district.

c. Vegetative screening of the outdoor play area may be required.

5. Traffic and Parking.

a. Parking shall be installed in accordance with FMC 17.05.140. One parking space for each staff member and one for each 10 children shall be installed.

This parking shall be in addition to the parking required for the residence, which is two parking spaces, one of which must be covered. All parking spaces shall be independently accessible and shall not cause unreasonable maneuvering problems for vehicles.

b. The establishment of these facilities shall not result in excessive traffic or a traffic situation that is dangerous. (Ord. 2011-692 § 2 (Exh. A)).

17.06.021 Communications structures.

A. Purposes. The purposes of this section are to:

1. Minimize visual impacts of communications structures through careful site design, location, and vegetative screening;

2. Avoid potential damage to adjacent property from communications structure failure through engineering and careful placement of structures;

3. Maximize use of any existing or new communications structures so as to minimize the need to construct new towers and/or structures.

B. Definition. “Communication structure” means any structure, tower, and/or device that is intended for transmitting or receiving television, radio, or telephone communications.

C. Use Permit.

1. Commercial communications structures that exceed the height limits established in the zone districts and accessory uses associated with such structures may be permitted in the (M-1), (M-2), (RE), or (PF) zoning districts with a use permit.

2. Private communications structures less than 50 feet in height are permitted in any zone. Private communication structures 50 feet or greater in height are permitted in any zone with a use permit.

D. Approval Criteria. Communications structures may be allowed, based on findings by the planning commission that the following criteria are met:

1. Site Size and Setbacks. The site shall be of a size and shape sufficient to provide an adequate setback from the base of any structure to any property lines or public streets. Such setback shall be sufficient to:

a. Provide for an adequate vegetative, topographic, or other buffer;

b. Preserve the privacy of adjoining private and public property;

c. Protect adjoining property from the potential impact of tower failure. The applicant shall demonstrate that the site of communications structures shall contain all debris resulting from potential tower failure and demonstrate that adjoining properties shall be protected from falling debris.

2. Visual Impact. The applicant shall demonstrate that a communications structure can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic, and other pertinent factors. Factors to consider shall include:

a. Communications structures clustered at the same site shall be of similar height and design, whenever possible.

b. Communications structures shall have a galvanized finish or be painted silver. If there is dense vegetation in the immediate area, such structures may be required to be painted green from the base to tree line, with the remainder painted silver or given a galvanized finish.

c. Communications structures shall be camouflaged using landscaping or making them blend into the surroundings by making them look like a tree or other manmade or natural feature in the area.

d. Communications structures shall be the minimum height necessary, based on an engineering analysis of the area of coverage.

e. Any communications structure must not unreasonably interfere with the view of or from any public park, natural scenic vista, or major view corridor.

f. All obsolete or unused facilities must be removed within 12 months of cessation of operations at a site.

3. Required Sharing of New Commercial Communications Structures.

a. All new communications structures shall be designed to structurally accommodate the maximum number of additional users technically practicable.

b. If a new communications structure is approved, the applicant shall be required as a condition of approval to:

i. Respond in a timely, comprehensive manner to a request for information required by subsection (D)(4)(b) of this section from a potential shared-use applicant;

ii. Negotiate in good faith for shared use by third parties;

iii. Allow shared use where the third party seeking such use agrees in writing to pay reasonable, pro rata charges for sharing, including all charges necessary to modify the structure and transmitters to accommodate shared use, but not total reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating structure or audio interference;

iv. Submit a letter of intent to lease excess space on the structure and to lease additional excess land on the site when the shared use potential of the communications structure is absorbed, if structurally and technically possible. The applicant shall describe what range of charges can reasonably be expected to be assessed against shared users. The applicant shall base charges on generally accepted accounting principles and shall explain the elements included in the charge, including, but not limited to, a pro rata share of the actual site selection and processing costs, land costs, site design, construction and maintenance costs, finance costs, return on equity, and depreciation. This information will remain confidential, unless an applicant fails to negotiate in good faith on shared use of a communications structure.

c. Willful, knowing failure of an owner whose communications structure was approved after the effective date of the ordinance codified in this section to comply with the requirements of subsections (D)(3)(b)(i) through (iv) of this section shall be grounds for suspension or revocation of the use permit.

Following report of such failure, a public hearing shall be scheduled with the planning commission to determine whether the use permit should be suspended or revoked.

4. Shared Use of Existing Commercial Communications Structures. The purpose of this section is to encourage the shared use of communications structures, in order to minimize the visual impact on the community. In reviewing applications for new structures, factors to be considered include how a structure will impact the privacy of adjoining private and public property, impact the view shed in the area, and affect the ability of an applicant to rent space on an existing structure.

The applicant shall make a good-faith effort to substantially demonstrate that a proposed structure cannot be located on the site of an existing or planned communications structure, as described below:

a. The applicant shall contact the owners of all existing or planned communications structure sites approved containing sufficient area to accommodate the proposed structure and support elements. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact.

b. The applicant shall request the following information from each owner contacted:

i. Identification of the site by location, assessor’s parcel number, and existing uses;

ii. Whether each site could accommodate the communications structure proposed by the applicant without changing the existing or proposed structure. To enable the owner to respond, the applicant shall provide each owner with the dimensional characteristics of the proposed structure and other relevant data about the structure;

iii. Whether each such site could accommodate the structure proposed by the applicant if either or both the existing or proposed communications structure was structurally or otherwise changed. If changes due to structural or radio frequency (RF) interference would be required, the owner shall specify in general terms what those changes are;

iv. The fee an owner would charge for shared use if the existing structure can accommodate the communication device proposed by the applicant. Shared use is not precluded simply because a perceived unreasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared site. The planning commission may consider expert testimony to determine whether the fee and costs are reasonable.

E. Requirements for Application. The following information shall be submitted with the use permit application:

1. The information required by Chapter 17.07 FMC;

2. A report from a professional engineer licensed in the state of California that includes the following:

a. Structure height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross-section of the structure shall be included;

b. Total anticipated capacity of the structure and size of dishes, including number and types of antennas that can be accommodated;

c. Evidence of structural integrity of the structure as required by the building division;

d. Failure characteristics of the structure and demonstration that site and setbacks are of adequate size to contain debris;

e. Master communications plan. (Ord. 2011-692 § 2 (Exh. A)).

17.06.040 Essential services.

A. Churches or similar places of worship, including parish houses, parsonages and rectories, convents, and dormitories accessory thereto, except temporary revival tents or buildings, are permitted in any district, subject to a use permit.

B. Public and private schools are permitted in any district subject to a use permit.

C. Public parks, playgrounds, and other public recreational uses are permitted in any zone, subject to the requirements of the district.

D. Public utility buildings and facilities, when necessary for serving the immediate neighborhoods, are permitted in any zone, subject to a use permit. (Ord. 2011-692 § 2 (Exh. A)).

17.06.045 Emergency shelter.

A. Purpose. It is the purpose of this section to prescribe standards and regulations for the establishment and ongoing operation of emergency homeless shelters to protect the public health and safety from conflicting uses and to ensure that shelters provide appropriate services to the homeless.

B. Permit Requirements. The following prescribes the permit requirements for emergency homeless shelters.

1. An emergency homeless shelter that meets the standards of subsection (C) of this section is exempt from a conditional use permit. A conditional use permit may be granted from the planning commission for exceptions to the development and management standards. The planning commission must make findings for use permits pursuant to FMC 17.07.060.

2. An emergency homeless shelter shall not operate prior to approval of a zoning clearance certificate, certificate of occupancy, and business license.

C. Standards. Emergency homeless shelters shall be subject to the following standards:

1. Development Standards. Prior to commencing operation, the emergency shelter shall comply with the following:

a. Distance Separation Requirements. No emergency homeless shelter shall be located within 300 feet of any other emergency shelter.

b. Occupancy. An emergency shelter shall not exceed 40 residents, excluding staff.

c. Length of Occupancy. Any single resident’s stay shall not exceed six consecutive months.

d. Zone Specific Development Standards. An emergency homeless shelter shall comply with all development standards of the zoning district in which it is located except as modified by these standards.

e. Parking Requirements. Every emergency homeless shelter shall provide one parking space for every staff member or volunteer on duty and one parking space for every 10 beds. The director of community development may reduce the parking requirements if the shelter can demonstrate a lower need.

f. Intake/Waiting Area. There shall be an adequate intake and waiting area inside the building based on the maximum number of clients so that prospective and current residents may stand in line and are not required to wait outdoors, on sidewalks, or on or any other public rights-of-way. Exit aisles or doorways required by the State Fire Marshal shall not be blocked.

g. Individual Space. Each resident shall be provided a minimum of 50 gross square feet of living space (per 2007 California Building Code for the dormitories function of Table 1004.1.1), not including space within common areas, hallways, bathrooms.

h. Security. Security shall be provided on site during hours of operation and described in the management plan.

i. Staffing. On-site management by at least one emergency shelter staff member shall be provided at all times while residents are present at the shelter.

j. Lighting. Shelter lighting shall be provided on all exterior walls, and shall be shielded so that it does not project directly onto neighboring properties.

2. Management. Prior to commencing operation, the emergency homeless shelter provider must have a written management plan, approved by the community development director, confirming that the following items (at a minimum) are provided for:

a. Staff training;

b. Staff TB screening in compliance with Humboldt County health department standards;

c. Resident identification process. (Ord. 2018-732 § 1 (Exh. A); Ord. 2012-698 § 1 (Exh. A)).

17.06.050 Food vending, mobile.

A. Purpose. It is a purpose of this section to provide clear and concise regulations governing these types of vending operations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the city and its residents.

Furthermore, it is a purpose of this section to:

1. Establish standards to ensure that mobile food vehicles and vendors within permitted zone districts are compatible with the zone.

2. Ensure that mobile food vehicles and vendors meet the standards, criteria and regulations set forth below, are in compliance with the County of Humboldt Division of Environmental Health requirements, and obtain all the permits and licenses required by applicable law.

3. The terms “mobile food vendor” and “food vendor” may be used interchangeably. “Mobile food vending vehicle” and “stationary food vending vehicle” are defined in Chapter 17.08 FMC, Definitions and Illustrations.

B. The following are not subject to this section:

1. Any person engaged in vending conducted in connection with (a) the operations of a state-certified farmers’ market, (b) an event authorized by a special event permit or other permit or entitlement issued by the city of Fortuna, such as an authorized street fair, or (c) an event at the rodeo grounds, Rohner Park or Newburg Park, school facility or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event; or

2. Any person not exceeding the time thresholds listed in FMC 10.28.070.

C. Permit Required. It is unlawful for any person to operate a mobile or stationary food vending business in the city without having first procured a food vending permit.

D. Application. The applicant for a food vending permit shall submit an administrative review application on a city form along with applicable fees to the planning department for processing.

E. Standards, Conditions and Requirements. Before approving an application for a food vending permit, the zoning administrator shall find and determine that the proposed mobile food vehicle and the vendor will comply with the standard conditions of approval and any special requirements deemed appropriate. An approved permit shall be valid for one year.

F. Standard Conditions of Approval for Mobile and Stationary Food Vending.

1. The vehicle must be located on a paved site (per FMC 17.05.140(B)(3)) that is zoned NC – Neighborhood Commercial, FC – Freeway Commercial, RC – Retail Commercial, CT – Commercial Thoroughfare, PF – Public Facility, or M1/2 – Light/Heavy Industrial, subject to the following:

a. Vendor shall provide the city with written permission from the owner of the property allowing vendor the use of both the site and required rest room facilities for food service workers within 200 feet of the vehicle and that access to rest rooms must be available during mobile vehicle’s business hours. Portable toilets shall not be allowed.

b. Vendor shall not use or permit the use of parking spaces on the site if doing so will adversely affect the on-site parking required for the principal use of the site as determined by the zoning administrator per FMC 17.05.140(D).

c. Vendor cannot interfere with or create hazards for vehicular or pedestrian access, aisles, circulation, driveways, or fire lanes and hydrants as determined by the city engineer.

d. Tables, chairs, shade structures and trash cans for patrons shall be maintained in a safe and clean manner at all times and removed nightly if used.

e. Hours of operation at an approved location shall be specified in the use permit. The food vending vehicle may arrive on site up to one hour before opening for business and remain on site one hour after closing.

f. Food products must be stored and/or prepared, and the vehicle replenished, at a commissary approved by the Humboldt County Division of Environmental Health, Public Health Department.

g. Food vending vehicles shall return daily to their commissary for replenishment of food stuffs and/or to another city-approved location for cleaning and dumping of wastes unless specifically authorized to remain in one location for an extended period of time.

h. Stationary food vending units permitted to remain on site overnight shall be treated as restaurants and must provide adequate on-site facilities for the disposal of waste products including an oil-water separator for cleaning floor mats and vehicle exterior and interior, a grease trap for cleaning of cooking facilities, and sewer connection for disposal of wastes.

i. Vendor shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

j. Vendor shall obtain, display, and keep a current city of Fortuna business license.

2. Mobile food vendor vehicles shall be entirely self-sufficient in regard to gas, water, and telecommunications.

3. Stationary food vendor vehicles shall be entirely self-sufficient in regards to gas, water, and telecommunications. Should utility hookups or connections to on-site utilities be permitted, the vendor shall be required to obtain appropriate permits to ensure building and public safety consistent with applicable building and zoning regulations. Any cords or plugs used from the vehicle to electrical sources shall be appropriately covered or tied down to not cause trip hazards and may not be strung across parking lots. A permanently mounted, weather and damage protected GFCI exterior outlet shall be installed so every individual vehicle has the means to connect to an electrical source. The electrical system shall be installed to code and be inspected by the city to verify compliance with all code requirements. The installation of the electrical system shall meet the requirements as referenced in the electrical code that was adopted by the city of Fortuna. The standard for the electrical system installation shall meet or exceed the requirements as referenced for “Recreational Vehicle Parks,” Article 551 of the 2007 California Electrical Code, Title 24, Part 3.

4. Applicants and the subject mobile food vehicles shall comply with all California Retail Food Code provisions (California Health and Safety Code Sections 13700 et seq.), including more specifically but not limited to Chapter 10, Mobile Food Facilities, of such Code and Health and Safety Code Section 114250.1 and with Section 114315 of the California Retail Food Code regarding the availability of adequate toilet facilities for use by food service personnel within 200 feet of unit location.

5. Daily cleanup and disposal of waste products shall be done at an approved commissary with proof of such being provided when renewing the annual business license. The vendor shall not discharge or allow discharge of items from any mobile food vehicle onto the sidewalk, gutter, storm inlets, or streets. The vendor shall not dispose or allow the disposal of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor. At least two such vendor-provided trash containers shall be available on site. Violation of this provision can lead to the suspension and/or revocation of the permit to do business pursuant to FMC 8.12.090. (Ord. 2011-693 § 2 (Exh. A)).

17.06.060 Garage and yard sales.

Garage and yard sales are limited to twice per calendar year for each residence. Each sale shall not exceed three consecutive days. Each sale shall begin no earlier than 8:00 a.m. and shall conclude no later than 6:00 p.m. The merchandise offered for sale shall be limited to the resident’s personal goods. The offering of merchandise acquired for the purpose of resale is prohibited. It is unlawful for any person to attach or paint or cause to be attached or painted any bill, poster, or sign upon any sidewalk, fence, building, pole, or similar structure advertising a garage or yard sale without permission of the property owner. (Ord. 2011-692 § 2 (Exh. A)).

17.06.061 Guesthouses.

Guesthouses are defined as detached living quarters of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot. Guesthouses shall not be let, leased, or rented in whole or in part independently of the main building. See FMC 17.06.001(G). (Ord. 2011-692 § 2 (Exh. A)).

17.06.070 Heavy equipment storage.

No heavy equipment shall be stored in an R-1-6, R-2, or R-M zone, except in a fully enclosed structure. Such equipment shall include, but not be limited to, commercial tractors, trailers, bulldozers and other earth-moving equipment, welding units, and large contracting and construction equipment. (Ord. 2011-692 § 2 (Exh. A)).

17.06.071 Home occupations.

A. General Provisions. The purpose of this section is to permit limited nonresidential accessory activities to be performed in residential areas as home occupations. These activities shall clearly be incidental and secondary to residential uses; provided, that surrounding properties are protected from objectionable external effects resulting from such activities. Home occupations, as defined in FMC 17.08.270, shall be permitted as accessory uses to any residential use, providing the use conforms and will continue to conform to the following performance standards.

B. Location. The home occupation shall be conducted wholly within an enclosed structure, either within the dwelling unit or a residential accessory structure.

C. Floor Area. The space utilized for a home occupation shall not exceed 25 percent of the floor area of the structure.

D. Employees. No person other than a member of the resident family shall be employed in a home occupation.

E. Number of Home Occupations. There shall be no more than two home occupations permitted per dwelling unit.

F. Exterior Display and Signs. There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the property.

G. Storage of Materials. All materials associated with the home occupation shall be stored in the residence or residential accessory structure. The storage of materials shall be limited to materials directly related to the home occupation and tools and equipment used in business conducted elsewhere. If a residential accessory structure is used to store materials, it shall be located on the rear portion of the parcel to the extent feasible.

H. Articles Sold. No retail sales shall be allowed on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers, in which case all articles, except for samples, shall be received, stored, and sold directly to customers at off-premises locations.

I. Mechanical Equipment. There shall be no mechanical equipment used, except that normally used for domestic, hobby, or household purposes. The size of each individual piece of equipment shall be a maximum of two horsepower and the total size of all equipment shall not exceed five horsepower.

J. Nuisances. No home occupation shall create any electrical disturbance adversely affecting the operation of any equipment located in any other dwelling unit or on property not owned by the person conducting the home occupation. No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced. Home occupations shall not cause any unusual amount or type of discharge to be introduced to the city’s sanitary sewer or storm drain system.

K. Traffic Generation. No home occupation shall receive deliveries or generate a commercial type of traffic, beyond that normal to the district in which it is located.

L. Advertising. No home occupation shall utilize commercial or paid advertising to promote the business or attract customers to the premises.

M. Vehicle Storage. Two commercial vehicles associated with the home occupation shall be allowed to be stored on the property. The parcel shall be one acre or larger to store vehicles larger than one ton. All vehicles used in connection with the home occupation larger than one ton shall be stored out of sight from public areas and neighbors.

N. Hours of Operation. The hours of operation shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.

O. Exclusions. The following activities and similar activities shall not in any case qualify as a home occupation:

1. Automobile work or repair;

2. Rebuilding of automobile parts;

3. Cabinetmaking;

4. Firewood sales/storage;

5. Care, treatment, boarding, or breeding of animals;

6. Barbershop or beauty shop;

7. Antique shop, secondhand store, or similar retail use;

8. Teaching of organized classes totaling more than six persons at one time.

P. Interpretations. The planning commission shall be responsible for making interpretations for questionable uses. Such interpretations shall be made in accordance with Chapter 17.07 FMC.

Q. Exemptions. Special exemptions may be granted by the planning commission upon submittal of satisfactory evidence of a physical handicap or disability of the person conducting the home occupation. Satisfactory evidence includes a letter from a physician describing a handicap or disability. This exemption would only apply if the physical handicap or disability precludes normal employment or conduct of business anywhere but in the home. Any exemption shall be granted by the planning commission in accordance with Chapter 17.07 FMC. The exemption shall only apply to the person with a handicap or disability and shall not be applied to the land. (Ord. 2011-692 § 2 (Exh. A)).

17.06.120 Major retail developments.

A. Purpose. The purpose of this section is to establish procedures for the consideration of major retail developments within the city of Fortuna in order to:

1. Support the economic health of the city by allowing a diverse range of commercial activities;

2. Establish design standards that protect the unique natural beauty and the community character of the city;

3. Ensure that the long-term vitality of large retail buildings is retained, should they become vacant or change ownership;

4. Recognize large retail buildings as community assets that have the opportunity to contribute to the city’s aesthetic character and economic well-being and that should therefore be protected as long-term investments to the community.

B. Major Retail Development. The standards of this section shall be applied to any development that meets the following definitions of use and size criteria.

1. “Major retail development” is a place of business with retail sales as the primary activity. Such retail activities consist of the on-site selling of a variety of goods and merchandise directly to the consumer for personal or household consumption or use, and also wholesale selling of goods and merchandise directly to buyers who may pay for membership (i.e., “club” stores), whose purchase may be for either professional use or household consumption. A single major retail development includes a place of business, meeting the definition and size criteria of this section, which also has a separate business activity located wholly within the main building and is accessed through the main building (e.g., bank outlet, bakery, coffee stand). “Major retail development” does not include an interior or exterior shopping mall consisting of separate businesses that individually do not meet the size criteria of this section, but that may when considered cumulatively.

2. New Construction. The standards of this section shall apply to the new construction of a major retail development occupying 80,000 square feet or more of gross floor area.

3. Expansion. These standards shall also apply to existing major retail developments that expand, so that the gross floor area is or exceeds 80,000 square feet.

C. Conditional Use Permit. A conditional use permit pursuant to Chapter 17.07 FMC shall be required for any major retail development that meets the definition and size criteria of this section. The planning commission shall make a recommendation to the city council regarding the conditional use permit, and the council shall make the final determination.

D. Design Review. Design review pursuant to Chapter 17.07 FMC shall be required for any major retail development that meets the definition and size criteria of this section. (Ord. 2011-692 § 2 (Exh. A)).

17.06.120.5 Medical and commercial marijuana prohibition and regulation of personal cultivation.

A. Definitions.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Cal. Health and Safety Code Section 11018.5.

“Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this section.

“Cooperative” means two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

“Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

“Delivery” means the commercial transfer of cannabis or cannabis products to a customer, and also includes the use by a retailer of any technology platform.

“Dispensary” shall have the same meaning as that provided in FMC 8.35.020(C).

“Dispensing” means any activity involving the retail sale of medical cannabis or medical cannabis products from a dispensary.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.

“Distributor” shall have the same meaning as set forth in Cal. Bus. and Prof. Code Section 19300.5(q) as the same may be amended from time to time.

“Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location, that packages or repackages cannabis or cannabis products or labels or relabels its container.

“Marijuana” shall have the same definition as “cannabis” as defined in this section.

“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Cal. Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

“Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

“Primary caregiver” means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient.

“Qualified patient” is a person who has a recommendation for medical marijuana by a California licensed physician, and who is entitled to the protections offered by Cal. Health and Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.

“Testing laboratory” means a facility, entity, or site that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state.

2. Registered with the state Department of Public Health.

B. Prohibited Activities.

1. Commercial marijuana activities of all types are expressly prohibited in all zones in the city of Fortuna. No person shall establish, operate, conduct or allow a commercial cannabis activity anywhere within the city except as noted below.

2. All deliveries of commercial cannabis are expressly prohibited within the city of Fortuna. No person shall conduct any commercial deliveries that either originate or terminate within the city.

3. This section is meant to prohibit all activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the Medical Marijuana Regulation and Safety Act (MMRSA) or the Adult Use of Marijuana Act (AUMA).

4. Cultivation of cannabis for commercial, medical, or personal purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zones in the city of Fortuna, except as allowed by the Cal. Health and Safety Code as modified by this section.

C. Exceptions.

1. Residential cultivation for personal use of up to six plants per residence is allowed as set forth in the Cal. Health and Safety Code. All cultivation shall be in conformance with the following standards:

a. Outdoor cultivation is prohibited. Cultivation must take place inside a lawfully existing enclosed residence or inside a lawfully existing detached accessory structure located on the same parcel as the residence.

b. The marijuana cultivation area shall not exceed 50 square feet, and shall not exceed 10 feet in height per residence.

c. Any detached accessory structure used for cultivation shall maintain a minimum setback equal to the greater of the setback imposed pursuant to the applicable zoning provisions of this title, or 10 feet from any property line.

d. Regardless of how many people reside at the premises, no more than six marijuana plants may be cultivated on the premises.

e. No sale, trading, or dispensing of marijuana is allowed on a parcel where personal cultivation occurs.

f. Grow lights for personal cultivation shall not exceed 1,200 watts total, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

g. All electrical equipment used in the indoor cultivation in a residence or a detached accessory structure shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power is prohibited.

h. The use of generators to power any lighting, ventilation, pump, or other equipment related to the cultivation is prohibited.

i. The use of gas products (CO2, butane, propane, natural gas, etc.) is prohibited.

j. No odor of marijuana shall be detectable from the property boundaries or from another legal residence on the property. To achieve this, the marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. The ventilation and filtration system must be approved by the building official and installed prior to commencing cultivation within the structure.

k. Cultivation must be concealed from public view at all stages of growth and there shall be no visual or auditory evidence of cultivation occurring at the premises from a public right-of-way or from an adjacent parcel.

l. The residential structure shall remain at all times available as a residence, with a legal and functional kitchen, bathroom, and at least one bedroom, that shall be maintained solely for the purpose of residential use and kept free of marijuana cultivation.

m. Marijuana cultivation areas shall be adequately secured to prevent unauthorized entry and shall not be accessible to persons under 21 years of age.

n. No effluent, including but not limited to waste products, chemical fertilizers or pesticides, shall be discharged into drains, public sewer system, septic systems, water systems or other drainage systems including those that lead to rivers and streams.

o. The indoor personal cultivation of marijuana must comply with all applicable state, county, and local special district regulations, including fire and building codes.

p. A building permit for any electrical or venting improvements shall be issued by the Fortuna building department upon approval of plans submitted by the owner and payment of appropriate fees.

q. A fire extinguisher that complies with the regulations and standards adopted by the State Fire Marshal shall be kept in any room used for cultivation.

r. It is unlawful for any person to engage in any personal cultivation without first submitting a notice of cultivation to the Fortuna community development department acknowledging and agreeing to comply with the terms and standards of this section.

i. The notice of cultivation shall be on a form provided by the Fortuna community development department.

ii. The notice shall be valid for one calendar year only, and shall be resubmitted annually.

iii. The notice shall be signed by both the resident and the legal property owner(s), if different.

iv. Each notice shall be accompanied by the proper fees as set by resolution of the city council.

v. A copy of the notice shall be posted in any room that is used for cultivation.

2. Civil Penalties – Enforcement.

a. The city may enforce this section in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief.

b. Notwithstanding anything in the Fortuna Municipal Code to the contrary, any person that is found to have violated this section may be fined in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis and imposed pursuant to Chapter 1.09 FMC.

c. Any person that is found to have violated this section shall be guilty of a misdemeanor. (Ord. 2020-746 § 1 (Exh. A); Ord. 2017-729 § 1 (Exh. A); Ord. 2016-719 § 3).

17.06.121 Mobile homes.

Mobile homes or house trailers may be located on individual lots and used for residences or offices under the following regulations:

A. Trailer Sales. One mobile home may be used as an office appurtenant and accessory to, and in conjunction with, the operation of a mobile home sales area.

B. Temporary Uses. One mobile home may be permitted, with a special permit issued by the building department, as a temporary office or residence, after obtaining a building permit for the construction of a permanent building of the same use on the same lot. Such use of the mobile home shall be limited to six months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit. The building department may renew such special permit for one additional period of six months if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period.

C. Contractors. Mobile homes may be used, with a use permit, as temporary offices by construction contractors, or as temporary living quarters on the construction site for their employees for a single six-month period in any zone.

D. Mobile Home Parks. Mobile homes may be placed in mobile home parks as regulated by this title and the California Division of Codes and Standards.

E. Mobile Home Combining Zone. Mobile homes may be placed in districts where the -T combining zone has been adopted by city ordinance.

F. Modular units may be used, with a use permit, as offices in the commercial and industrial zone classifications. (Ord. 2011-692 § 2 (Exh. A)).

17.06.122 Mobile homes used as single-family dwellings.

Mobile homes allowed for use as single-family dwellings shall be subject to following requirements:

A. Definition. Said mobile homes:

1. Must be certified under the National Mobile Homes Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); and

2. Shall not be altered in violation of the applicable codes.

B. Development Standards. Mobile homes, allowed under this section, shall:

1. Meet all development standards applied to single-family dwellings for the zone in which they are located; and

2. Use of a mobile home as a single-family dwelling shall not be reason for a variance from any required development standard.

C. Architectural Standards.

1. Roof overhangs shall be a minimum of 12 inches on all sides.

2. Exterior siding shall be used, consisting of a material customarily used by conventional homes, and shall extend to the ground; except that when a solid concrete or masonry foundation is used, the exterior covering material need not extend below the top of the foundation.

3. Roofing material shall be used consisting of material customarily used by conventional homes.

D. Appeals. Staff actions regarding the requirements of this section may be appealed to the planning commission in the manner set forth in FMC 17.07.004(D)(1). (Ord. 2011-692 § 2 (Exh. A)).

17.06.123 Mobile home parks.

A. Purpose. It is the purpose of this section to prescribe standards and regulations for the construction and maintenance of mobile home parks to support a satisfactory living environment for families residing in mobile homes.

B. A mobile home park may be established subject to the securing of a use permit only in the R-M, N-C, C-T, or -T districts.

C. Development Standards and Requirements.

1. The site shall contain not less than one acre, unless it is an expansion of an existing development.

2. The site shall abut or have approved access from a freeway or an arterial or collector street, as designated in the circulation element of the Fortuna general plan.

3. Water, sewer, electricity, telephone, and other necessary utilities shall be available at the site and at each space, or an appropriate performance agreement, in form and a cost amount to be approved by the city engineer, shall be filed with the city clerk prior to final site plan approval to guarantee the installation of each utility.

4. The overall design shall fit well into the size and shape of the property and mobile homes shall fit the space designed for them.

5. All structures, improvements, and mobile home spaces shall be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.

6. Private accessways shall be designed to reduce monotony, increase privacy, and provide safety.

7. Recreational facilities and mobile home spaces shall be designed to meet the needs of tenants. Those developments intended for adults only shall be designed so that they may be adapted to accommodate families with children.

8. There shall be 10 feet of open space between mobile homes, with a minimum side yard setback of five feet. The width of any common walk between mobile homes shall not be counted as part of this required open space. All annexes or structural additions shall be considered part of the mobile home.

9. There shall be at least 35 feet between mobile homes on opposite sides of a private accessway.

10. No mobile home shall be closer than five feet to any private accessway.

11. Each mobile home space shall have a private outdoor living space of at least 300 square feet. This area may not be divided into more than two noncontiguous sections on any lot. The smallest dimension of this space shall be at least eight feet.

12. For each occupied mobile home space, there shall be a storage locker for yard tools and other bulky items convenient to the space. The storage locker shall be at least six feet high with a storage capacity of at least 150 cubic feet.

13. All areas not covered by structures or paved surfaces shall be landscaped and maintained in accordance with the provisions of FMC 17.05.110.

14. Screening the perimeter of a mobile home development by a wall or other approved material may be required.

15. Private accessways and parking spaces shall be paved in accordance with city standards and specifications.

16. Pedestrian walkways may be required by the planning commission.

17. A laundry shall be located on the premises or contiguous thereto.

18. The planning commission may require a screened storage yard in which all recreational vehicles, boats, etc., shall be parked. If such storage yard is required, it shall be located so as not to detract from surrounding properties.

19. Refuse collection requires approval from the city engineer and the municipal franchise holder. Such approval shall be noted and signed on the reproducible master copy of said site plan.

20. Each mobile home shall have skirting around its perimeter to screen its wheels, undercarriage, and foundation, or the mobile home shall be placed in an excavation specifically designed to hide the wheels, undercarriage, and foundation from view. Any such excavation shall have provision for drainage, which requires approval by the city engineer.

21. Street lighting shall be provided to illuminate private accessways and walkways for the safe movement of vehicles and pedestrians at night.

22. All utilities and the wires of any central television or radio antenna system shall be underground.

23. Fire protection facilities shall be provided to the satisfaction of the city engineer, the fire district, and the city public works department.

24. Mobile home developments shall be subject to the requirements of the sanitary code of the Humboldt County health department, unless such requirements are less restrictive than the requirements of any other applicable ordinance of the city, in which event the requirements of the city ordinances shall prevail.

25. Expansion or modification of existing mobile home developments shall be in accordance with the provisions of this title, including public hearings for the amendment of the site plan.

26. Not less than 10 percent of the area of the mobile home development shall be reserved as common open space exclusive of required exterior boundary setback areas. In a mobile home park with exceptionally large lots or with special natural amenities like a public park or waterway access or scenic views, this 10 percent open space may be reduced.

27. Not more than 15 percent of the spaces in any one mobile home development may be developed for recreational vehicles.

D. Maintenance. Where there is conveyance of fee title to spaces or lots, the city council may require the formation of a homeowner’s association to be responsible for maintenance of common areas. (Ord. 2011-692 § 2 (Exh. A)).

17.06.124 Model homes and temporary sales offices.

A use permit may be issued in any district for a model home and/or temporary sales office when located in model homes subject to the following conditions:

A. Such model home and/or temporary sales offices shall be located in a subdivision that is owned by or held in trust for the subdivision developer proposing to erect the model homes and/or proposing to operate the tract office.

B. Model homes and/or temporary sales offices shall be permitted for a period not to exceed 36 months from the date of issuance of a use permit. Such use permit may be transferred to another model home or temporary sales office within the same subdivision.

C. The planning commission may grant not more than one conditional use permit to extend the time limit allowed in subsection (B) of this section for a period not to exceed an additional 36 months.

D. The model homes shall be discontinued as model homes and the temporary sales offices shall be removed on or before the termination date set forth in subsection (B) of this section, or upon expiration of the extension granted pursuant to subsection (C) of this section, or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever occurs first.

E. For the purposes of subsections (A) and (B) of this section, the term “subdivision” means all the land included within the tentative map submitted to the planning commission.

F. Temporary sales offices in buildings other than model homes may be permitted subject to securing a use permit and subject to all provisions applying to temporary sales offices in model homes. (Ord. 2011-692 § 2 (Exh. A)).

17.06.130 Nonconforming uses.

A. Purpose. The purpose of the regulation of nonconforming uses is to control, reduce, or eliminate conflicts arising from the presence in any district of uses or structures not conforming to district regulations.

B. Designation of Nonconformance.

1. A nonconforming use is one that was originally legal but now does not conform to the provisions of the district in which it is situated. Any previously existing use for which district regulations now require a conditional use permit shall be deemed to be nonconforming until such permit is secured. Expired use permits do not confer nonconforming use status.

2. A nonconforming structure is one that was legal at the time of construction but now does not conform to the provisions of the district in which it is situated. Any previously existing structure for which district regulations now require a conditional use permit shall be deemed to be nonconforming until such permit is secured.

C. Regulations. All nonconforming uses or structures shall be subject to the following regulations:

1. A nonconforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, unless a use permit is granted to do so, except that a nonconforming structure may be reconstructed in such a way as to make it conforming.

2. A nonconforming use of a structure shall not be re-established if such use has been discontinued for a period of at least nine months, or has been changed to, or replaced by, a conforming use. Intent to resume use of nonconforming structure shall not confer the right to do so.

3. A nonconforming use of land, not involving a structure other than fences, and buildings less than 400 square feet in area shall not be re-established if such use of land has been discontinued for a period of at least nine months, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use of land shall not confer the right to do so.

4. A nonconforming structure that is damaged by fire, flood, or act of God to an extent exceeding 50 percent of its fair market value shall not be restored or reconstructed, except in such a manner and for such a use as will conform to the regulations for the district in which it is situated.

5. Notwithstanding any of the regulations of this section, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the building official shall state the precise reason why such alterations were deemed necessary.

6. The existence of one or more nonconforming uses on any parcel, lot, or site shall not justify or allow a change in the character, nature, or scale of the business or functioning of any nonconforming use.

7. The provisions of this section may not be altered or varied by conditional use permits or variances.

D. Construction Approved Prior to Adoption of This Title. A building, structure, or part thereof that does not conform to the regulations for the district in which it is situated, but for which a building permit was issued prior to the enactment of the ordinance codified in this title, or any amendment or extension of said building permit, may be completed providing the work is diligently pursued. Such building, structure, or part thereof shall be deemed to be a nonconforming use and shall thereafter be subject to the restrictions set forth in this title. (Ord. 2011-692 § 2 (Exh. A)).

17.06.140 Multifamily dwellings.

A. Compliance With Objective Standards. Multifamily dwellings and mixed-use residential development are subject to the adopted 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”).

B. By-Right Approval. A proposed project determined to be consistent with the multifamily design standards and all other applicable city standards and requirements shall be approved without design review or a use permit.

C. Deviation From Standards. An applicant may request a deviation from the multifamily design standards through the design review process in FMC 17.07.100. The planning commission may approve the deviation upon finding that the project incorporates an alternative method to achieve the intent statement that proceeds the standard. (Ord. 2023-764 § 5 (Exh. B)).

17.06.150 Promotional events.

Promotional events consisting of productions, displays, or exhibitions produced for the purpose of attracting persons to a shopping center shall be permitted when so specified in a use permit. A use permit for a promotional event shall be issued only to a shopping center upon application by its authorized representative, who shall attest that the promotional event will comply with the requirements of this section and be in conformance with the application as approved.

A. In General.

1. No participation fee, entrance fee, or contribution shall be requested or required of the public, except that fees may be charged for amusement rides or facilities. No more than five rides or amusement facilities shall be allowed, and no such ride or facility shall exceed 15 feet in height.

2. No direct light or sound associated with such promotional event shall be visible or broadcast beyond the boundaries of the shopping center.

3. The number of parking spaces available to the public shall not be reduced below the number required by FMC 17.05.140.

4. Promotional events shall not be conducted between the hours of 10:00 p.m. and 9:00 a.m.

5. Circuses, carnivals, and similar uses shall not be permitted under this section. Such uses may be permitted only under the provisions of FMC 17.06.007.

6. No food or beverages shall be sold within the space required or occupied by the promotional event.

B. Major and Minor Promotional Events.

1. A promotional event that requires the use of a percentage of the parking area in excess of two percent shall be considered a major event. A promotional event that requires the use of a percentage of a parking area of two percent or less shall be considered a minor event.

2. For the purposes of this section, the parking area shall be that area computed by multiplying the actual number of parking spaces by 300 square feet. Parking spaces shall be in accordance with the provisions of FMC 17.05.140.

C. Other. The maximum permitted time of occupancy, including installation and removal, shall not exceed:

1. Five days for a major event;

2. Three days for a minor promotional event. (Ord. 2011-692 § 2 (Exh. A)).

17.06.151 Public uses.

Reserved. (Ord. 2011-692 § 2 (Exh. A)).

17.06.152 Public utility buildings and uses.

Reserved. (Ord. 2011-692 § 2 (Exh. A)).

17.06.170 Recreational vehicle parks.

A. Every occupied recreational vehicle shall be located in a recreational vehicle park in accordance with the provisions of this title.

B. A recreational vehicle park may be established subject to the securing of a use permit only in the C-T zone.

C. Standards and Requirements.

1. The density of spaces in any recreational vehicle park shall not exceed 20 spaces per gross acre.

2. Sites with irregular terrain such as gullies, ridges, and other areas having a natural grade over six percent shall not be developed for recreational vehicle use.

3. Recreational vehicle parks shall abut, and shall be accessed from, a freeway or arterial street as designated in the circulation element of the Fortuna general plan.

4. Water, sewer, electricity, and other necessary utilities shall be available at the site and at each space, or an appropriate performance agreement in form and a cost amount to be approved by the city engineer shall be filed with the city clerk prior to final site plan approval, in order to guarantee the installation of such utilities underground.

5. All structures, improvements, and recreational vehicle spaces are to be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.

6. There shall be 14 feet of open space between recreational vehicles.

7. No structure shall exceed two stories or 30 feet in height.

8. All areas not covered by structures or pavement shall be landscaped and maintained in accordance with the provisions of FMC 17.05.110.

9. Screening the perimeter of a recreational vehicle park by a wall, vegetation, or other approved material may be required. All sides of a recreational vehicle park that are adjacent to a residential district shall have a wall at least six feet in height and shall have an approved landscaped area of at least 10 feet in width between such residential property line and the required wall.

10. Private accessways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.

11. Private accessways and parking spaces shall be paved in accordance with city standards and specifications.

12. There shall be a recreational area for guests, comprising four percent of the gross site area. This shall not include required setbacks or similar areas not usable for recreation activities.

13. There shall be a community building or buildings that shall provide for the recreational service needs of occupants of the recreational vehicle park. Such building or buildings shall include rest rooms and a laundry. The community building or buildings may be included as part of the required recreational area.

14. Provision and location of refuse collection shall be approved by both the city engineer and the municipal franchise holder, such approval to be noted and signed on the reproducible master copy of the site plan.

15. Street lighting shall be provided to illuminate interior roadways and walkways for the safe movement of vehicles and pedestrians at night.

16. All utilities and the wires of any central television or radio antenna system shall be underground.

17. Fire protection facilities shall be provided to the satisfaction of the city engineer, the Fortuna fire district, and the city public works department.

18. A means for emptying sewage holding tanks must be provided subject to approval by the department of public works and the Humboldt County health department.

19. Recreational vehicle parks shall be subject to the requirements of the sanitary code of the Humboldt County health department, unless such requirements are less restrictive than the requirements of any other applicable ordinance of the city, in which event the requirements of the city ordinances shall prevail.

20. Expansion or modification of existing recreational vehicle parks shall be in accordance with the provisions of this title, including public hearings for the amendment of the site plan. (Ord. 2011-692 § 2 (Exh. A)).

17.06.171 Removal of natural materials.

A. Grading. Building site grading and land leveling directly related to the on-site construction of buildings, structures, landscaping and screening, or underground facilities and utilities shall be in accordance with the city’s development standards.

B. Trees. Removal of trees shall occur in accordance with applicable sections of the California Forest Practices Act. If the Forest Practices Act is applicable, a use permit must be obtained from the planning commission prior to any removal of trees.

C. Sand, Gravel, and Quarrying Operations. See FMC 17.06.181. (Ord. 2011-692 § 2 (Exh. A)).

17.06.180 Sales and boarding of animals.

A. Sales and boarding establishments for dogs and cats shall be located not less than 100 feet from the property line of any residentially zoned property.

B. Commercial stables shall be located not less than 200 feet from the property line of any residential property. (Ord. 2011-692 § 2 (Exh. A)).

17.06.181 Sand, gravel, and quarry operations.

A. General. The planning commission may grant a use permit in any zone other than the R-C district for sand, gravel, and other mineral extraction, necessary processing and storage ancillary to extraction, and asphaltic and concrete mixing plants. Each of these activities is subject to the conditions listed in this section.

B. Site Plan Review. A site plan shall show proposals for restoration or redevelopment of the site, including a proposed redevelopment schedule. Twelve months prior to expiration of the use permit or the abandonment of the use, the applicant shall submit a revised site plan showing final proposals for the redevelopment of the site.

C. Standards. The following standards shall be complied with:

1. There shall be a minimum site size of five acres for any extractive operation.

2. No building or structure other than conveyor belts or tubes shall be closer than 500 feet to a dwelling unit.

3. No part of any excavation shall be closer than 50 feet to the boundary of the site.

4. All operations, including excavation and processing, and all interior drives and roads connecting the site to the nearest collector or arterial street shall be maintained by the applicant to prevent dust emission beyond the boundaries of the site.

5. That portion of the site actually being used for operations during any particular time period shall be enclosed by a fence at least six feet in height and constructed to prevent uninvited access to the operations of the site.

D. Owner’s Reuse. The property owner shall be responsible for preparing the site for reuse upon expiration or abandonment of the use permit. All stockpiles shall be removed from the site within one year from the date of expiration or abandonment. The excavated areas shall be prepared for reuse in accordance with the approved site plan.

E. Policy Statement. When the planning commission is reviewing a site plan, the following policy points shall be evaluated when considering whether to grant such a use permit:

1. The length of time to be spent working the site, based on estimates submitted by the applicant and/or the city engineer;

2. The amount of landscaping and screening necessary to adequately buffer adjacent uses and streets from adverse visual impacts;

3. The feasibility of restoring the premises in the manner shown on the site plan;

4. Noise impact on other land uses;

5. Impact on city street maintenance;

6. Dust;

7. Traffic;

8. Other environment factors.

F. Zoning Districts. Nothing in this section shall be construed to modify, restrict, or regulate sand and gravel extraction or processing and storage thereof, as permitted in the various districts by other sections of this title.

G. Intermittent Operations. Intermittent operations shall be permitted and shall not be deemed an abandonment of the use permit. (Ord. 2011-692 § 2 (Exh. A)).

17.06.182 Schools.

Schools shall maintain an opaque fence or wall not less than six feet high around any play area abutting a residential district. Schools shall not be located so as to develop excessive traffic on local/minor streets. (Ord. 2011-692 § 2 (Exh. A)).

17.06.183 Second residential dwellings.

Repealed by Ord. 2021-749. (Ord. 2011-692 § 2 (Exh. A)).

17.06.184 Service stations.

When service stations are conditional uses, they shall conform to the following regulations:

A. Site Area, Layout, and Setbacks.

1. Minimum site area shall be 12,000 square feet.

2. Site layout shall be arranged to meet on-site maneuvering needs and to ensure safe movement of vehicles and pedestrians.

3. Driveways shall be designed to ensure safe and efficient operation and located so that traffic may move on and off the site from and to the curb traffic lane.

4. Buildings shall be not less than 25 feet from any street line nor less than 10 feet from any other property line. Canopies shall not be considered part of the building and may extend to within three feet of a street right-of-way line. Gas pumps shall be not less than 25 feet from the property line of any lot in a residential district, nor less than 15 feet from any other property line.

5. There shall be no visual obstruction except sign poles no more than 12 inches in diameter within 17 feet of the intersection of the most proximate street right-of-way lines, above two feet and below eight feet from the finished grade.

B. Site Development, Landscaping, and Screening.

1. All areas other than planting areas shall be paved with a minimum of two inches of asphaltic concrete.

2. Lighting shall be directed onto the subject property and so located and designed that the light source is directed away from adjacent properties. No lighting fixture shall be higher than 20 feet above finished grade.

3. All hoists, pits, and wheel alignment racks shall be located within a fully enclosed structure.

4. Planter areas shall comprise a minimum of five percent of the gross site area. Said landscaping shall not obstruct necessary sight distances and traffic flow, offer adjacent residential properties a degree of visual and audio screening, and conform to the standards of FMC 17.05.110.

5. Fences, walls, or screening shall be required adjacent to contiguous residential property lines and other locations as determined necessary to screen, buffer, protect, or beautify. Materials, textures, colors, and design shall be compatible with the on-site development, the adjacent properties, and the neighborhood, and shall conform to the standards of FMC 17.05.110.

C. Miscellaneous Provisions.

1. Vacant service stations or any automobile service stations that for 180 consecutive days have been vacant or not operated for the servicing of motor vehicles owned and operated by the general motoring public shall not be reopened for any purpose until such service station has complied with all of the requirements of this title, except the provisions of subsection (A) of this section.

2. Any automotive service station being remodeled or rebuilt to an extent exceeding 50 percent of the appraised value shall comply with all of the requirements of this title, except the provisions contained in subsection (A) of this section. (Ord. 2011-692 § 2 (Exh. A)).

17.06.184.5 Short-term rentals.

A. General Provisions. The purpose of this section is to recognize the desire of some property owners to rent their dwelling on a short-term basis and establish appropriate regulations to ensure compatibility of short-term rentals with the neighborhood and to mitigate the disruption that these rentals may have.

B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Dwelling unit” means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. A dwelling unit includes a single-family residence, and each unit of an apartment, duplex, multiple dwelling structure designed as a separate habitation for one or more persons, or a permitted accessory dwelling unit, but does not include units located within city-approved hotels, motels, and bed and breakfasts.

“Good neighbor brochure” means a document prepared by the applicant and approved by the city manager that summarizes general rules of conduct, consideration, respect, and potential remedial actions. Provisions for parking and minimizing noise and quiet hours shall be included.

“Host” means an applicant or operator of the short-term rental.

“Owner” means any person who, alone or with others, has legal or equitable title to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant, subtenant, lessee, or sublessee under an oral or written rental housing agreement shall not be considered an owner.

“Short-term” means fewer than 30 days.

“Short-term rental, commercial” means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and is held out as such to the public. The structure, or any portion of the structure, is not required to serve as the property owner or owners’ primary residence and the entirety of the residence may be utilized as a short-term rental.

“Short-term rental, residential” means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and is held out as such to the public. The structure, or portion of the structure, serves as the property owner or owners’ primary residence.

“Short-term rental (STR) permit” means an application document prepared by the city and approved by the city manager, which is required for the approval of either residential or commercial short-term rental.

C. Applicability. Short-term rentals are principally permitted in all residential zones (R-1-6, R-1-10, RE-20, RE-43) and in legally conforming residential units located in commercial zones (C-T, R-C, N-C). They are not permitted in the public facility (P-F) or industrial zones (M-1, M-2).

D. License and Permit Required.

1. Business License Required. Any person desiring to rent their home on a short-term rental basis shall submit and receive an application for a business license pursuant to Chapter 5.04 FMC, and pay the applicable fees established by FMC 5.04.190.

2. Application Required. To obtain a short-term rental permit, an applicant or host shall submit an application on a form to be provided by the community development department, signed by the owner and the applicant or host, and approved by the community development director or designee. The application shall include the following information:

a. Address of the proposed STR;

b. Type of dwelling unit;

c. The square footage of the proposed STR;

d. The number of bedrooms in the proposed STR;

e. The maximum number of visitors per night;

f. Proof of liability insurance. The host shall maintain short-term rental liability insurance including a minimum of $500,000 bodily injury;

g. Standard lease for the unit;

h. Certification that the host will comply with all provisions of this section;

i. Site Plan and Floor Plan. The site plan and floor plan do not have to be professionally prepared, but must be to scale and include enough information to verify compliance with this section, including:

i. Property boundary;

ii. Adjoining streets;

iii. Building footprint with dimensions;

iv. Parking location and dimensions;

v. Interior floor plan showing all rooms and dimensions;

vi. Bedrooms;

vii. Location of health and safety requirements (smoke and carbon monoxide alarms, fire extinguisher, exit signs, evacuation directions, and any other requirements of the building inspector and/or fire chief); and

viii. Signatures of the building inspector and fire chief that the site has been inspected and meets health and safety requirements;

j. Good neighbor flyer required by subsection (F)(4) of this section;

k. Any other information required by regulations promulgated pursuant to this section.

3. Amendments. The applicant is required to provide an amended application if any changes are made at any time after the application is submitted and approved. Incorrect, invalid, or new information not provided shall be cause to deem the application approval null and void or to be revoked.

4. Application Fee. The application shall be accompanied by an application fee to be established by resolution by the city council (“zoning clearance” fee, or any future short-term rental fee as may be adopted or amended by the city council).

5. The short-term rental applicant or host is subject to the transient occupancy tax pursuant to Chapter 3.12 FMC.

E. Health and Safety.

1. Local Contact Person. A local contact person must be listed on the application form, and must be able to be reached 24 hours a day to respond to emergencies and be able to immediately take corrective action in the event any nonemergency issues are reported (for example, noise, trash or parking problems).

2. The property shall be equipped with a functioning smoke alarm, carbon monoxide detector, and fire extinguisher.

3. A first aid kit shall be on site.

4. All bedrooms must have means of egress.

5. A clearly marked fire escape route shall be posted.

6. Prior to issuance of permits, the facility shall be inspected by the building department and fire chief to ensure that health and safety requirements are met.

F. Operational Standards.

1. Occupancy. The maximum number of occupants allowed in a short-term rental shall not exceed two persons per bedroom plus an additional three persons. The city manager may approve a maximum occupancy based on the International Building Code standards if special conditions relative to a particular property warrant an alternative number of occupants.

2. Parking. The applicant shall complete an evaluation to demonstrate the site’s ability to provide an appropriate level of parking to serve its needs. The evaluation and number of parking spaces needed shall be subject to review and approval of the community development director. Such factors may include consideration of the number of bedrooms in relation to the number of on-site parking spaces, size of the parcel, availability of street parking, or a shared parking agreement.

3. Maintenance. There shall be no accumulation or storage of trash or debris on the site. Trash and refuse shall not be left stored within public view, except in proper containers for the purposes of collection. Weekly solid waste collection from the solid waste company shall be continuously provided.

4. A good neighbor flyer, reviewed and approved by the community development department, will be provided to transient guests which will include, at a minimum, local emergency telephone numbers, city standards, and general guest guidance. The good neighbor flyer shall be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental use, including:

a. Information on maximum occupancy;

b. Applicable noise and use restrictions;

c. Location of off-street parking;

d. Direction that trash shall not be stored within public view, except within proper containers for the purpose of collection, and provision of the trash collection schedule;

e. Contact information for the local property representative;

f. Evacuation routes;

g. The renter’s responsibility not to trespass on private property or to create disturbances; and

h. Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the city for violating any provisions of this chapter.

5. Signs. No signage shall be allowed in residential districts. In commercial districts, all signs shall meet the standards in FMC 17.05.180.

6. Restrictions on Use. A renter may not use a short-term rental for a purpose not associated with its lodging or sleeping purposes, or that would generate incidental guests associated with an activity such as a wedding, banquet, reception, party, concert, fundraiser, sponsored event, or any similar group activity.

7. Existing short-term rental operators shall be granted 120 days from the date of adoption of the ordinance codified in this section to come into compliance with the requirements before any enforcement of the standards set forth under this section will be taken by the city.

G. Enforcement and Violations.

1. Each owner, agent or representative of any owner shall provide access to each short-term rental and any records related to the use and occupancy to the building official at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled.

2. It is the responsibility of the property owner to ensure transient tenants follow the standards of this section, and any other applicable city ordinances. Documentation of violations include, but are not limited to, inspection reports, copies of citations, written warnings, or other documentation filed by city staff or law enforcement. Fines for violations of city ordinances shall be imposed at the following rate: $250.00 per day for a first violation; $500.00 per day for a second violation; $750.00 per day for a third violation. Upon the fourth or subsequent violation in any 24-month period, the city manager may revoke any permit, and the owner shall not be allowed to operate a short-term rental for one year. The suspension or revocation may be appealed to the city council upon filing an appeal on a city form and paying the adopted appeal fee within 10 days of the notice of a fourth violation. (Ord. 2020-742 § 1 (Att. 1))

17.06.185 Social halls, lodges, and kindred places.

A. Buildings erected for use as clubs, community buildings, social halls, lodges, or fraternal organizations shall conform to the yard requirements of the district in which they are situated or shall maintain such greater yard dimensions as may be required as a condition of a use permit.

B. Such uses may be permitted only where access can be provided without causing undue traffic on local/minor residential streets.

C. Incidental commercial activities restricted to members may be permitted, provided they are contained within the building and there is not external evidence of such activity.

D. Temporary commercial uses may be permitted outside the building as follows:

1. Christmas tree sales, up to three weeks;

2. Fourth of July fireworks sales, up to 10 days;

3. Other commercial uses, up to three days;

4. All structures and materials shall be removed within five days after the expiration of the permit. (Ord. 2011-692 § 2 (Exh. A)).

17.06.186 Swimming pools.

Any pool, pond, lake, or open tank not completely enclosed within a building which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which is not used for commercial purposes, shall be permitted in any zone and shall be subject to the following regulations:

A. Such pool shall be located on the rear half of the lot and not less than 50 feet from the front lot line. Side and rear yards shall be as required for accessory buildings, but in no case within five feet of any lot line. Filter and heating systems shall not be located within 10 feet of any lot line.

B. Ground coverage by a swimming pool shall not exceed 40 percent of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.

C. Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than six feet in height, containing no openings greater than four inches except for self-closing and self-latching gates on which the latch is at least four feet above ground level, in order that full control of access by children may be maintained. (Ord. 2011-692 § 2 (Exh. A)).

17.06.190 Traffic impact fees.

A. Purpose. The purpose of this section is to establish a program to improve the substandard streets within the city and to accommodate future development.

B. Traffic Impact Fees.

1. Assessment and Collection of Fees. This section establishes the method and procedures for assessing traffic impact fees under Section 66000 of the Government Code for development projects. The city can collect traffic impact fees when an analysis is completed showing that street improvements are needed to accommodate new development and that there is a reasonable relationship between the amount of the fee, the amount of new development, and the street improvements.

The city council shall set the method of payment, method of collection, and the fee by resolution, and may, from time to time, amend the resolution. In addition, a public hearing shall be held by the planning commission and city council before any traffic impact fees are established or amended.

2. Use of Fees. Fees collected shall be deposited into a fund related to the fees. Such fees shall be used to construct street improvements or be applied towards the planning or construction of street improvements.

Any interest earned by moneys deposited in any fund shall be placed in such fund. (Ord. 2011-692 § 2 (Exh. A)).

17.06.210 Veterinary hospitals or clinics.

Such veterinary facilities shall be located no closer than 100 feet to any residential district or to a restaurant or motel in any district. These veterinary facilities shall be constructed and operated such that the entire use shall be totally enclosed within a building that is soundproofed. The building shall be certified by a licensed architect or civil engineer as meeting the existing noise level contours specified by the noise element map. Adequate measures shall be taken to prevent offensive odor. These facilities may board and care for small animals, including goats and sheep. “Small animals” shall not, for the purpose of this section, include other livestock. (Ord. 2011-692 § 2 (Exh. A)).

17.06.220 Wireless communications facilities, small.

A. Purpose. The purpose of this section is to provide uniform standards for the establishment and modification of small wireless communications facilities (WCFs) in the city and to provide for the desired location, design, installation, construction, maintenance, and operation of WCFs consistent with applicable federal and state requirements. These standards are intended to address and balance the potentially adverse visual and aesthetic impacts of WCFs while providing for the communication needs of residents, local businesses, and government agencies; manage the public rights-of-way, and ensure the public is not incommoded by the placement of WCFs on private land or in the public rights-of-way. The primary aim of these provisions is to ensure that WCFs in Fortuna:

1. Provide residents, visitors, and emergency responders with access to a modern and reliable high-speed wireless network.

2. Are reviewed and provided within the parameters of the law.

3. Provide residents with advance notification of pending WCF applications.

4. Are encouraged to locate in preferred locations and away from residential and other sensitive areas, except as allowed by this section.

5. Represent the fewest possible facilities necessary to complete a network without discriminating against providers of functionally equivalent services or prohibiting the provision of wireless services.

6. Maintain the city of Fortuna’s unique community character and distinctive high-quality aesthetics through concealment and “stealth” techniques to the maximum extent feasible.

7. Maintain the community of Fortuna’s quality of life.

B. Authority. This section is enacted pursuant to the city’s police power to regulate for the public health, safety and welfare subject to the limitations of that power under federal and state law, including, but not necessarily limited to, the Federal Telecommunications Act of 1996, Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state laws regulating the processing and procedures associated with local WCF approvals. This section shall be interpreted in conjunction with the federal and state laws and regulations regarding the processing and placement of telecommunications facilities within the city.

C. Scope. Except as set forth in subsection (S) of this section, this section shall apply to all small wireless communication facilities as defined by the FCC within the city.

D. Definitions.

1. “Antenna” means a device or system of wires, poles, rods, dishes, or similar devices used to transmit and/or receive radio or electromagnetic waves.

2. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.

3. “Director” means the director of the community development department.

4. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (a) collocation of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment.”

5. “FCC” means the Federal Communications Commission or its successor agency.

6. “Lattice tower” is defined as a free-standing framework tower, typically three or four sided.

7. “Monopole” is a tower that consists of a single pole structure (nonlattice), designed and erected on the ground or on top of a structure, to support WCF antennas and related equipment.

8. “RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum.

9. “Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

10. “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

11. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”

12. “Small wireless facilities” or “small cell facilities” or “wireless facilities, small” or “WCF” means a small wireless facility within the meaning of 47 C.F.R. Section 1.6002.l(l) or any successor provision, which defines a small cell wireless facility as meeting the following conditions: (a) satisfaction of one of the following: (i) mounted on structures no higher than 50 feet, including antenna; (ii) mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) not extending existing structures to a height of more than 50 feet or 10 percent, whichever is greater; (b) antenna is no greater than three cubic feet in volume; (c) all other wireless equipment associated with structure is no more than 28 cubic feet in volume; (d) no human exposure to radio frequency radiation in excess of FCC Guidelines; (e) not located on Tribal lands; and (f) not require antenna registration. This definition does not mean a “communication structure” under FMC 17.06.021.

13. “Stealth facility” is any facility designed to blend into the surrounding environment, and which is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees.

14. “Temporary wireless communications facility” means a wireless communications facility consisting of a vehicle-mounted facility, a building-mounted antenna, or a similar facility, and associated equipment, that is used to provide temporary coverage for an event, an emergency, or to provide temporary replacement coverage due to the removal of an existing permitted, permanent wireless communications facility.

15. “Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, monotrees, and lattice towers.

16. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section 140001(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.” (Also referred to as “equipment.”)

17. “Wireless communications provider” is any company or organization that provides or who represents a company or organization that provides wireless communications services (also referred to as “service provider” or “carrier”).

E. Application Requirements.

1. In General. No person shall construct, install, attach, operate, collocate, modify, reconstruct, relocate, or otherwise deploy any WCF within the city’s jurisdictional and territorial boundaries, on private property and within the public right-of-way except in compliance with this section.

2. Permit Required. All requests for a WCF shall be accompanied by a use permit application as outlined in Chapter 17.07 FMC and required fees and deposits. In addition, the following information shall be submitted unless waived by the director:

a. Full sets of plans, including site plan, elevations, landscape details, and color and material samples;

b. Full color, scaled photo-simulations of the proposed WCF from publicly visible viewpoints;

c. Coverage maps which show existing and proposed coverage;

d. A map of the carrier’s other existing and proposed sites and a description of how the proposed WCF fits into the overall, long-term network coverage plans;

e. Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant;

f. A signed copy of the proposed property lease agreement, exclusive of the financial terms of the lease, including provisions for removal of the WCF and appurtenant equipment within 90 days of its abandonment and provisions for city access to the WCF for removal where the provider fails to remove the WCF and appurtenant equipment within 90 days of its abandonment pursuant to subsection (O)(6) of this section. The final agreement shall be submitted at the building permit stage;

g. Proof that notice has been mailed to all property owners, and the resident manager for any multi-family dwelling unit that includes 10 or more units, within 300 feet of the proposed personal wireless services facility;

h. If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application;

i. Applications for a Tier III or IV facility shall be required to submit an alternative sites analysis which includes all other sites and facilities considered and a description of why more preferred sites/facilities were not selected;

j. Verification that the proposed WCF will either comply with the FCC’s guidelines for human exposure to radio frequency (RF) electromagnetic fields or will be categorically excluded from having to determine compliance with the guidelines per 47 CFR Section 1.1307(b)(1). If WCFs are proposed for collocation, the verification must show the total exposure from all facilities taken together meets the FCC guidelines;

k. At the discretion of the director, the applicant may be required to submit an additional deposit to cover the city’s costs to hire an independent, qualified consultant to evaluate any technical aspect of the proposed use including, but not limited to, issues involving radio frequency emission, alternative designs, and alternative sites;

l. A security plan, subject to the director’s approval, must be kept on file with the city. Permittee must comply with the security plan at all times.

3. Additional Requirements. The director may develop, publish, and from time to time update or amend any forms, checklists, guidelines, informational handouts, or other related materials that the director finds necessary, appropriate, or useful for processing any application governed under this section.

4. Indemnification – Liability. The following requirements shall be conditions of approval of all permits approved by the city for any WCF:

a. The permittee shall defend, indemnify and hold harmless the city of Fortuna, its officers, agents, and employees from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee, its agents, employees, licensees, contractors, subcontractors, or independent contractors, pursuant to the approval issued by the city.

b. WCF operators and permittees shall use commercially reasonable methods to avoid any interference their WCF may cause with the city’s communication systems and, in the event of any such interference, shall immediately determine the source of any interference, and eliminate the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and arising from third party claims against the city attributable to the interference.

c. The city shall promptly notify the permittee of any claim, action, or proceeding concerning the project and the city shall cooperate fully in the defense of the matter. The city reserves the right, at its own option, to choose its own attorney to represent the city, its officers, employees and agents in the defense of the matter; provided, that the city shall be responsible for the cost of such attorney.

d. Failure to comply with any of these conditions shall constitute grounds for revoking a WCF use permit.

F. Other Permits and Regulatory Compliance. In addition to any permit or approval required under this section, the applicant, owner or operator who owns or controls a WCF must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act) required by the city, any federal, state or local government agencies; and the applicant, owner or operator must comply with all applicable federal, state and local government agency laws and regulations applicable to the WCFs, including, without limitation, any applicable laws and regulations governing RF emissions, and local zoning and building code requirements.

G. Prohibited WCFs. The following types of WCFs are prohibited:

1. WCFs that exceed current standards for RF emissions standards adopted by the FCC.

2. WCFs on sites containing existing or planned public or private school facilities; or within 500 feet of said areas so designated or zoned.

3. WCFs in designated sensitive habitat areas, such as habitat restoration areas, as designated by the city. The community development department shall maintain a map identifying such areas.

H. Location Standards. To the extent feasible, all proposed WCFs shall be sited according to the following preferences, ordered from the most to least preferred:

1. Collocations in alley rights-of-way within or abutting nonresidential zones;

2. New facilities in alley rights-of-way within or abutting nonresidential zones;

3. Collocations on city-owned parcels or rights-of-way (including alleys in residential zones);

4. Collocations outside public rights-of-way in nonresidential zones;

5. New facilities outside public rights-of-way in nonresidential zones;

6. Collocations in residential zones;

7. New facilities in residential zones.

I. Discouraged Locations. WCFs shall not be permitted on or within the rights-of-way of Main Street, 12th Street, and Riverwalk Drive unless the applicant demonstrates to the city council’s satisfaction that the facility is the least intrusive means possible to close an identified significant gap in coverage.

J. Required Permits. WCFs are grouped into four tiers, each with its own WCF permit requirements as shown in Table 1:

Table 5: WCF Tiers and Types of Required WCF Permits1
Tier	Types of Facilities	Location	Permit Required
I	Modifications to an existing facility, per 47 C.F.R. Section 1.40001(b)(3)	All	Section 6409(a) permit
II	Strand-mounted facilities	All	Zoning administrator minor use permit (FMC 17.07.004(B))
	Stealth pole-mounted facilities in ROW	Alleys, nonresidentially zoned properties 2
	Stealth building- or facade-mounted facilities
	A collocation or modification that is not a Tier I facility
III	Stealth pole-mounted facilities in ROW	Residentially zoned properties, ROWs	Planning commission conditional use permit (FMC 17.07.004(C))
III	Stealth building- and facade-mounted facilities	Residentially zoned properties, ROWs
IV	Nonstealth facilities and all towers	All	City council major use permit (FMC 17.07.004(D))
IV	Any facility	Main Street, 12th Street, Riverwalk Drive	City council major use permit (FMC 17.07.004(D))
1 Applies to all types of cell facilities, including small cell facilities. 2 Alleys which divide a nonresidential and a residential zone are considered nonresidential for the purposes of this policy.

K. Design Standards. To the extent feasible, all WCFs shall be designed in accordance with the following standards:

1. Public Visibility. In all areas, WCFs shall be designed and located where least visible to the public and least disruptive to the appearance of the host property. No WCF shall be installed in a location readily visible from a public vantage point, recreation area, scenic area, or residential area unless it is satisfactorily located and/or concealed or disguised to fit with the surrounding visual environment.

2. Stealth Design Required. All aspects of a WCF, including antennas, supports, equipment, wiring, and screening materials, shall exhibit stealth design techniques to visually blend into the background or the surface on which they are mounted. Subject to city approval, applicants may use faux architectural elements (e.g., cupolas, bell towers, dormers, and chimneys), architectural treatments (e.g., colors and materials), elements replicating natural features (e.g., trees and rocks), landscaping, and other creative means to hide or disguise WCFs. Stealth facilities may also refer to those completely hidden by existing improvements, such as parapet walls.

3. Equipment. All equipment and utilities shall be undergrounded or located within existing structures unless it can be demonstrated that full concealment is physically or technologically infeasible. If equipment must be located outside, it shall be fully screened with landscaping, walls, architectural elements, or other screening device. If small outbuildings are constructed specifically to house equipment, they shall be designed and treated to match nearby architecture or the surrounding landscape. Any equipment that cannot be screened and is not required to be located at height shall be located underground in a vault.

4. Height. WCFs shall adhere to the existing height limitations of the underlying zone unless a height exception is granted pursuant to subsection (K)(11) of this section.

5. Setbacks. WCFs and associated equipment should adhere to building setbacks of the underlying zone. The following considerations and exceptions apply to WCF setback requirements:

a. WCFs mounted to an existing or new utility pole are exempt from setback requirements, except that they shall not be sited in an unsafe manner as determined by the city engineer.

b. The city council or planning commission, as applicable, may decrease or increase required setbacks.

6. Collocation. Collocating with existing or other planned wireless communication facilities is required whenever feasible. Service providers are encouraged to collocate with major power transmission and distribution towers and other utility structures when in compliance with this section.

7. Building or Structure-Mounted WCFs.

a. Antenna and associated mountings shall not project outward more than 24 inches from the face of a building unless concealed behind a faux architectural feature or other concealment method.

b. Roof-mounted antennas shall not be placed on roof peaks unless concealed with a faux chimney or other concealment method.

c. If permitted, WCFs on residential buildings shall only be allowed if disguised as a typical residential feature (e.g., chimney, dormer, etc.) and if all equipment is located inside the building.

8. Ground-Mounted Monopoles.

a. No new ground-mounted monopoles shall be permitted unless the applicant demonstrates that no other existing WCF can accommodate the proposed antenna and close an identified significant coverage gap. Cables and antennas for any non-stealth new monopoles shall be contained within the monopole or on top of the pole if the antenna width does not exceed the width of the pole.

b. If permitted, all antennas shall be located inside the ground-mounted monopole, or on top of the monopole within the diameter of the natural slope of the top of the pole, or as close as possible to the monopole to disguise antenna to the maximum extent feasible.

c. The placement, screening, and disguise of the monopole shall fit with the surrounding site design, architecture, and landscaping. Faux trees may be acceptable depending on their appearance, quality, and compatibility with existing nearby vegetation.

d. When feasible and in compliance with this section, monopoles shall be placed next to tall buildings, structures, or trees.

9. Lattice Towers. New lattice towers shall not be permitted unless it is demonstrated that no other facility or group of facilities which comply with this policy and are less intrusive can close an identified significant coverage gap.

10. WCFs in Public Rights-of-Way (ROW).

a. WCFs located within an alley right-of-way with any above ground equipment shall be sited away from residential windows and balconies. “Within an alley” does not include poles at the end of an alley which intersects with a street.

b. Antennas shall be attached to existing poles (e.g., utility poles), substantially similar replacement poles in the same location, or vertical structures already located in the ROW depending on which solution provides the greatest stealth. The installation of new poles or vertical structures may be permitted if it can be demonstrated that facilities mounted to an existing pole(s) or other stealth facilities could not close a significant coverage gap.

c. New metal poles which can house wiring and small equipment inside the pole shall be used if mounting a WCF to an existing pole would create a greater visual impact.

d. Antenna assembly may not exceed the height of an existing pole unless it extends no more than 10 percent of the height of the pole and is within the diameter of the natural slope of the pole.

e. The use of an existing pole, replacement pole, or other existing vertical structure shall require the authorization of the owner. If a city street light or any structure in the right-of-way is proposed, an encroachment permit is required, as well as reasonable compensation (pursuant to the adopted Fortuna fee schedule) for city structures or poles.

f. Panel antennas shall be vertically mounted to a pole or structure in compliance with any applicable separation requirements and shall not exceed eight inches in distance from the pole to the front side of the panel.

g. No more than four panel antennas or two omnidirectional antennas shall be mounted on any utility pole or structure by any one provider. Other antenna styles shall follow this standard to the extent feasible.

h. Antennas shall be painted to match the surface of the pole on which they are attached or shall otherwise be screened to reduce visibility.

i. All other equipment associated with the facility shall be placed underground. If undergrounding is determined to be infeasible, all equipment should be set back at least two-and-one-half feet from the back of the curb and within the parkway or greenway or two-and-one-half feet back from the edge of sidewalk when it is contiguous to the curb.

j. All equipment shall be located to prevent impacts to pedestrian access and provide adequate vehicular sight distance and safety.

k. New WCFs shall be discouraged from being placed on utility poles which are included in a planned utility undergrounding project.

11. Design Exceptions. An exception to one or more of the above design standards may be granted by the planning commission (Tier II and III facilities) or the city council (Tier IV facilities) if a finding is made that the design standards are physically or technologically infeasible and/or the facility would be the least intrusive means possible to close an identified significant gap in coverage.

L. Temporary Wireless Communications Facility.

1. Temporary WCF, such as “cell on wheels” (COW) may be used for a maximum of 90 calendar days to replace permanent WCFs during the relocation or rebuilding process of an existing facility, during temporary events, and during emergencies through the issuance of a non-discretionary building permit and right-of-way encroachment permit, as applicable.

2. A temporary WCF may be used for more than 90 calendar days through approval of a zoning administrator minor use permit.

M. Decision-Making Authority. Applications for WCF permits are considered in accordance with Table 2:

Table 6: Permit Decision-Making Matrix
	Role of Authority
	Community Development Director	Planning Commission	City Council
6409(a)	Decision	—	—
Zoning Administrator Minor Use Permit 1	Decision/Recommendation	Appeal/Decision	Appeal
Conditional Use Permit	Recommendation	Decision	Appeal
Major Use Permit	Recommendation	Recommendation	Decision
1 A Tier II zoning administrator use permit may require planning commission approval if the carrier requests an exception to a design or performance standard as described in this policy or if a request for a public hearing is made as outlined in this policy.

N. Permit and Public Noticing Procedures.

1. Noticing, public hearings, and appeals shall be as outlined in Chapter 17.07 FMC.

2. Other city permits including, but not limited to, an encroachment permit, building permit, etc., may be required in addition to any wireless communication use permits outlined in this policy.

O. Performance Standards.

1. Noise. All equipment, such as emergency generators and air conditioners, shall be designed and operated consistent with Fortuna general plan noise standards.

2. Maintenance. All facilities, related equipment, and landscaping shall be maintained in good condition and free from trash, graffiti, and any form of vandalism throughout the life of the facility. Routine maintenance of equipment in residential zones or within 100 feet of a residential zone shall be conducted only during the hours of 8:00 a.m. and 5:00 p.m. weekdays. No maintenance may be performed on weekends or holidays observed by the city of Fortuna. In other zones, maintenance may occur anytime.

3. Emergency Repairs. Emergency repairs and maintenance shall be conducted within a reasonable length of time to be determined by the city manager or their designee.

4. Lighting. Security lighting shall be kept to a minimum and shall only be triggered by a motion detector unless an exception is granted by the applicable decision-maker.

5. Compliance with FCC RF Exposure Guidelines. Within six months after final permit sign-off, and with each time extension or amendment request, the developer/operator shall submit to the director either verification that the WCF is categorically excluded from having to determine compliance with the guidelines per 47 CFR Section 1.1307(b)(1) or a project implementation report that provides cumulative field measurements of radio frequency (RF) electromagnetic fields of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with currently accepted ANSI/IEEE standards as specified by the FCC. The director shall review the report for consistency with the project’s preliminary proposal report submitted with the initial project application and the accepted ANSI/IEEE standards. If, on review, the director finds the project does not meet ANSI/IEEE standards, the city may take any action necessary, as provided by law, to require compliance including, but not limited to, permit revocation.

6. Abandonment. Any WCF that is not operated for a continuous period of 90 days will be considered abandoned. Within 90 days of receipt of notice from the city notifying the owner of such abandonment, the WCF owner must remove the facility and restore the site, as much as is reasonable and practical, to its prior condition. If there are two or more users of a single WCF, then this provision will not become effective until all users stop using the WCF. The provider or owner must give notice to the city of the intent to discontinue use of any facility before discontinuing the use.

7. Removal as Part of Utility Undergrounding Project. Any WCF mounted to a utility pole which is included in a utility undergrounding project shall be removed at the carrier’s expense at least 60 calendar days prior to the initiation of the undergrounding project.

P. Permit Findings. To approve a permit for a WCF, the decision-maker shall make all the following findings:

1. The proposed facility complies with the location, design, and performance standards of this section;

2. The proposed facility is consistent with the general plan, local coastal program, zoning ordinance, and any other applicable specific plan, ordinance, or policy adopted by the city council;

3. The proposed facility will not be detrimental to public health, safety, and welfare;

4. The proposed facility will address an identified significant coverage gap in the least visually intrusive means possible.

Q. Permit Term. Permits for WCFs shall be granted for a period not to exceed five years. Upon a request for either a permit extension or an amendment, the WCF should be reevaluated to assess the impact of the facility on adjacent properties, the record of maintenance and performance with reference to the conditions of approval, and consistency with these guidelines. Additionally, the city may review the appropriateness of the existing facility’s technology and may require the applicant to document that the WCF maintains the technology that is the smallest, most efficient, and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building.

R. Appeals. Appeals of a WCF permit shall be processed in accordance with FMC 17.07.004.

S. Exemptions. Notwithstanding anything in this section to the contrary, this section shall not apply to any of the following:

1. Television antennas, satellite dishes, and amateur radio facilities, whether interior or exterior, as follows:

a. Direct broadcast satellite (DBS) antennas and television broadcast service (TBS) antennas or other similarly scaled telecommunication device that neither exceeds one meter in diameter nor extends above the roof peak or parapet.

b. Ground mounted antennas and support structures: (i) located entirely on site and not overhanging or extending beyond any property line; (ii) not located within any required front or side yard setback; and (iii) screened from public view to the extent practical.

c. Antenna height shall not exceed the maximum allowable building height for the zoning district in which it is located by more than 10 feet. The antenna support structure shall not exceed a width or diameter of 24 inches.

2. WCFs used only for public safety purposes, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

3. WCFs that are accessory to other publicly owned or operated equipment used for data acquisition such as irrigation controls, well monitoring, and traffic signal controls.

4. WCFs erected and operated for emergency situations, as designated by the police chief, fire chief, or city manager so long as the facility is removed at the conclusion of the emergency.

5. Multipoint distribution service (MDS) antennas and other temporary mobile wireless service including mobile WCFs and services providing public information coverage of news events (less than two weeks’ duration).

6. Mobile WCFs when placed on a site for less than seven consecutive days, provided any necessary building permit is obtained.

7. SES in a commercial or industrial zone that meet the following standards:

a. The antennas do not exceed two meters in either diameter or diagonal measurement.

b. The antennas are located as far away as possible from the edges of rooftops or are otherwise adequately screened to eliminate visibility from adjacent properties. The method of screening shall be approved by the director.

8. Commercial television (TVBS) and AM/FM radio antennas not extending more than 12 feet beyond the maximum allowed building height for the zone.

9. Personal wireless internet equipment, such as a wireless router; provided, that the equipment is included entirely within a building or residence.

10. Any WCF that is specifically and expressly exempt from local regulation pursuant to federal or state law, but only to the extent of any such exemption and provided that the applicant must provide the documentation necessary to prove the exemption to the satisfaction of the director.

T. Existing Conforming and Legal Nonconforming WCFs. Except as may otherwise be required by state or federal law (as in the case of an eligible facility request), modification of an existing legal nonconforming WCF shall be subject to the same permitting requirements as a new WCF.

U. Transfer of Operations. The permittee shall not assign or transfer any interest in its permits for WCFs without advance written notice to the director. The notice shall specify the identity of the assignee or transferee of the permit, as well as the assignee or transferee’s address, telephone number, name of primary contact person(s), and other applicable contact information, such as an email address or facsimile number. The new assignee or transferee shall comply with all of the WCF’s conditions of approval.

V. Violations – Public Nuisance. Any violation of this section is deemed a public nuisance subject to abatement and shall, in addition to any other available legal penalty or remedy, constitute grounds for revocation of any permits and/or approvals granted under this section or any predecessors to this section.

W. Revocation of Permit.

1. Permittees shall fully comply with all conditions related to any permit or approval granted under this section or any predecessors to this section. Failure to comply with any condition of approval or maintenance of the WCF in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the director may schedule a public hearing before the planning commission to consider revocation of the permit. The planning commission revocation action may be appealed to the city council pursuant to FMC 17.07.004.

2. If the permit is revoked pursuant to this section, the permittee shall remove its WCF at its own expense and shall repair and restore the site to the condition that existed prior to the WCF’s installation or as required by the director within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the WCF’s removal and site restoration.

3. At any time after 90 days following permit revocation, the director may have the WCF removed and restore the premises as he/she deems appropriate. The city may, but shall not be required to, store the removed WCF (or any part thereof). The WCF permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed WCF, convert it to the city’s use, sell it, or dispose of it in any manner deemed appropriate by the city.

X. Mandatory Removal and Relocation. If a WCF must be modified or relocated because of an abandonment, undergrounding of utilities, or change of grade, alignment or width of any street, sidewalk or other public facility (including the construction, maintenance, or operation of any other city underground or aboveground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency), the permittee shall modify, remove, or relocate its WCF, or portion thereof, as necessary without cost or expense to the city. Said modification or removal of a WCF shall be completed within 90 days of notification by the city unless exigencies dictate a different period of time as established by the director. In the event a WCF is not modified or removed within the requisite period of time, the city may cause the same to be done at the sole expense of permittee. Further, in the event of an emergency, the city may modify, remove, or relocate WCFs without prior notice to permittee provided permittee is notified within a reasonable period thereafter. A permittee electing to relocate a WCF that was removed pursuant to this section shall be subject to the requirements of this section applicable to the proposed relocation site.

Y. Appeals. Any person dissatisfied with the decision to approve, deny, or revoke a conditional use permit for the construction or modification of a WCF subject to this section may file an appeal in accordance with FMC 17.07.004.

Z. Effect of State or Federal Law.

1. Ministerial Permits. In the event the city attorney determines that state or federal law prohibits any discretionary permitting requirements of this section, all provisions of this section shall apply with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this section or deemed necessary by the director shall be imposed and administered as reasonable time, place, and manner rules. If the city attorney subsequently determines that the law has changed and that discretionary permitting has become permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney’s written determinations under this section shall be a public record.

2. Exceptions. Exceptions to any provision of this section, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted pursuant to a conditional use permit subject to the following:

a. An applicant must request the exception at the time its application is submitted. The request must include both the specific provision(s) of this section from which the exception is sought and the legal and factual basis of the request. Any request for an exception after the city has deemed an application complete shall be treated as a new application.

b. The exception shall only be granted upon a finding that application of the provision of this section from which the exception is sought would in the case of the proposed WCF violate federal law, state law, or both. The applicant shall have the burden of proof as to this finding.

c. The city may hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim. (Ord. 2021-747 § 1; Ord. 2020-744 § 1 (Exh. 1)).