Chapter 155 — ZONING REGULATIONS

Chapter 155 of the Municipal Code will be known and cited as the “Eureka Zoning Code” and referred to in this title as the “Zoning Code.”

(Ord. 885-C.S., passed 5-21-19)

The Zoning Code takes effect and is in force from and after June 20, 2019.

(Ord. 885-C.S., passed 5-21-19)

The Zoning Code is adopted pursuant to the authority in the City Charter, Cal. Gov’t Code § 65850 and all other relevant laws of the State of California. Whenever the Zoning Code refers to a section of state law that is later amended or superseded, the Zoning Code will be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. 885-C.S., passed 5-21-19)

(A) General. The purpose of the Zoning Code is to implement the General Plan and to protect the public health, safety and welfare.

• (B) Specific. The Zoning Code is intended to:

• (1) Preserve and enhance Eureka’s unique sense of place, small city charm, livability and sense of community;

• (2) Support a pedestrian-friendly built environment, increase transportation choices and expand opportunities for residents to walk, bike and take transit to destinations;

• (3) Maintain and expand the variety of housing types to serve a diverse population;

• (4) Encourage and incentivize a diversity of residential, commercial, industrial and mixed-use developments;

• (5) Encourage pedestrian-friendly urban development through a streamlined approval process;

• (6) Where appropriate, encourage vertical mixed-use development with upper story residential units above ground floor commercial uses;

• (7) Protect and enhance the distinctive character of Eureka’s neighborhoods and commercial districts;

• (8) Enhance the appearance, economic vitality and livability of Eureka’s neighborhoods and commercial districts;

• (9) Encourage active and inviting streetscapes, buildings and public spaces;

• (10) Realize the full development potential of Eureka’s industrial and commercial waterfront areas;

• (11) Enhance the vitality of Downtown and Old Town as the core of the community with a diversity of land uses and pedestrian-oriented urban design;

• (12) Encourage infill development and the reuse of existing structures to strengthen established neighborhoods;

• (13) Establish flexible performance-based standards to encourage design creativity and address unique circumstances;

• (14) Protect Eureka’s natural beauty and conserve valuable natural resources; and

• (15) Enhance the urban/wildland interface zones around the edges of the city and promote recreation opportunities within these zones.

• (Ord. 885-C.S., passed 5-21-19)

The Zoning Code implements the General Plan by establishing detailed regulations for land uses, structures and activities in Eureka. All land uses, structures and activities in Eureka must be consistent with the General Plan. (Ord. 885-C.S., passed 5-21-19)

(A) General. The Zoning Code applies to all lots, land uses, structures and development in Eureka unless an exemption is specifically provided by the Zoning Code.

(B) Coastal zone. The applicability of the Zoning Code in the coastal zone is described in § 155.104.070 (Relationship to the Local Coastal Program).

(C) Compliance required. All lots, land uses, structures and development in Eureka, including existing and proposed development, must comply with the Zoning Code.

• (D) Approvals required. A land use may be established and a structure may be constructed, altered or moved only after:

• (1) All applicable development review processes have been followed;

• (2) All applicable approvals have been obtained; and

• (3) All required permits and/or authorizations to proceed have been issued.

(E) Administrative responsibilities. City roles and responsibilities in the administration of the Zoning Code are as provided in § 155.404 (Administrative Responsibilities).

(F) Subdivisions. All subdivisions of land, lot line adjustments, and other actions under Municipal Code Ch. 154 (Subdivision Regulations) and the California Subdivision Map Act that are proposed after June 20, 2019, must comply with the Zoning Code.

(G) Governmental activities. The Zoning Code applies to special districts and state or federal governmental agencies to the extent legally permissible. The Zoning Code does not apply to public projects of the City of Eureka. Private projects on leased lands owned by the city are not public projects of the city.

(H) Public utilities. Public utilities are subject to the requirements of the Zoning Code, except to the extent provided by Cal. Gov’t Code § 53091 and the California Public Utilities Code.

(I) Emergency powers. The City Council may authorize deviations from the Zoning Code during a local emergency declared in accordance with the California Emergency Services Act (Cal. Gov’t Code §§ 8550 et seq. ), by resolution without notice or public hearing.

(J) Other regulations. Compliance with the Zoning Code does not relieve an applicant from compliance with other federal, state and city regulations that also apply to the property.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21)

(A) Implementation plan separate from Zoning Code. Eureka’s Local Coastal Program Implementation Plan (“Implementation Plan”) is separate from the Zoning Code. The Implementation Plan, found in Municipal Code Ch. 156 (Coastal Zoning), establishes regulations that apply in Eureka’s coastal zone to implement the Local Coastal Program Land Use Plan in accordance with the California Coastal Act of 1976. The Implementation Plan contains:

(1) Coastal zoning districts with allowed land uses and development standards that apply to zoning districts within the coastal zone;

(2) Additional regulations needed to implement the Land Use Plan; and

(3) Procedures for the approval of coastal development permits and other permits and approvals in the coastal zone.

(B) Implementation Plan limited to Ch. 156. The Implementation Plan is limited exclusively to Municipal Code Ch. 156. No contents of the Zoning Code, irrespective of its applicability in the coastal zone, are considered a part of the Implementation Plan.

(C) Applicability in coastal zone. The Zoning Code and Implementation Plan both contain requirements that apply in the coastal zone, as follows.

(1) Implementation plan requirements. Implementation Plan requirements apply fully to all uses, structures and activities in the coastal zone in accordance with the California Coastal Act. In case of conflict between the Implementation Plan and the

Zoning Code, the Implementation Plan governs.

(2) Requirements in both Zoning Code and Implementation Plan. Certain topics are addressed in both the Zoning Code and the Implementation Plan (e.g., parking, signs). For these topics, the Implementation Plan requirements govern in the coastal zone. All Zoning Code requirements superseded by the Implementation Plan are identified in the Zoning Code with notes in their respective sections.

(3) Zoning code content not in the Implementation Plan. Zoning Code requirements that are not specifically addressed in the Implementation Plan fully apply in the coastal zone. For example, Zoning Code requirements for the processing of permit applications, which is not addressed in the Implementation Plan, apply to all development projects. While these Zoning Code requirements may apply in the coastal zone, they are not considered a part of the Implementation Plan. (Ord. 885-C.S., passed 5-21-19)

(A) The numbering system used in the Zoning Code reflects the numbering system of other chapters in the Municipal Code.

(B) The numbering system and outline levels used in the Zoning Code is as follows:

Chapter 155 - Zoning Code

Subchapter - Subchapter Title

Section 155.104 - Section Title

Section 155.104.010 - Section Title

(A) Division 155.104.010(A) - Division Title

(1) Paragraph

(a) Paragraph

1. Paragraph

(Ord. 885-C.S., passed 5-21-19)

(A) Conflict with state or federal regulations. Where conflict occurs with state or federal laws, higher law shall control over lower law unless local variation is permitted.

(B) Conflicts with general plan, specific plans and development agreements. Where the Zoning Code conflicts with the General Plan, a specific plan or a development agreement, the General Plan, specific plan or development agreement will control.

(C) Conflict with other city regulations. Where the Zoning Code conflicts with other ordinances, resolutions or regulations of the City of Eureka, the more restrictive will control.

(D) Conflict with private agreements. It is not the intent of the Zoning Code to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the Zoning Code imposes a greater restriction than imposed by a private agreement, the Zoning Code will control. Private agreements may impose greater restrictions than the Zoning Code, but the city is not responsible for monitoring or enforcing private agreements.

(Ord. 885-C.S., passed 5-21-19)

(A) Relation to prior zoning ordinance. This Zoning Code supersedes the prior Zoning Code codified as Ch. 155 of the Eureka Municipal Code.

(B) Violations continue. A violation of the prior Zoning Code continues to be a violation under this Zoning Code unless the violation is brought into compliance with this Zoning Code.

(C) Pending applications.

(1) If the city deems an application complete, but does not take final action on the application before the effective date of this Zoning Code, the application remains subject to the Zoning Code in effect when the application was deemed complete.

(2) If the city deems an application withdrawn under § 155.408.070 (Applications Deemed Withdrawn), any re-application is subject to the requirements of this Zoning Code.

(D) Approved projects.

(1) Permits and other approvals valid on the effective date of this Zoning Code remain valid until their expiration date.

(2) Projects with valid permits or approvals shall be completed in compliance with the standards in effect at the time of approval. If the permit or approval expires, future development must comply with the requirements of this Zoning Code.

(E) Non-conformities. A parcel, land use or structure legally established prior to June 20, 2019, that does not comply with this Zoning Code is considered non-conforming and subject to the requirements in § 155.424 (Non-Conformities).

(F) Transition to new zoning districts.

(1) Upon the effective date of this Zoning Code, land with zoning from the previous Zoning Code shall be rezoned to one of the zoning districts as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

(2) A property must comply with the regulations of its zoning district classification as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

(G) Planned development zoning districts. Requirements and allowances that applied within a planned development zoning district existing before the effective date of the Zoning Code remain in full force and effect.

(H) Qualifying overlay zoning districts. Limitations and restrictions that applied within a qualifying overlay zone existing before the effective date of the Zoning Code remain in full force and effect.

• (I) References to prior zoning districts.

(1) In cases where city ordinances, policies, conditions of approval and other requirements reference a zoning district classification from the previous Zoning Code, such references will mean the equivalent zoning district in this Zoning Code.

(2) For requirements based on previous zoning districts with no equivalent zoning district in this Zoning Code, such references will be interpreted to best achieve the requirement’s original intent as determined by the Director.

(Ord. 885-C.S., passed 5-21-19)

If any portion of the Zoning Code is found invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Zoning Code.

(Ord. 885-C.S., passed 5-21-19)

This § 155.108 establishes rules and procedures for interpreting the Zoning Code to ensure that it is applied and enforced in a consistent manner.

(Ord. 885-C.S., passed 5-21-19)

(A) Director. The Director has the authority to:

(1) Interpret the meaning and applicability of the Zoning Code; and

(2) Issue official interpretations of the Zoning Code as provided in § 155.108.030 (Official Interpretations).

(B) Department staff. Department staff may apply the rules for interpreting the Zoning Code established in this § 155.108 when performing duties described in § 155.404.030 (Development Services Department).

(Ord. 885-C.S., passed 5-21-19)

(A) Director interpretations. When the Director determines that a provision in the Zoning Code requires clarification, the Director may issue an official interpretation. Official interpretations will be in writing and maintained by the Department for public review.

(B) Referrals to Planning Commission. The Director may refer any issue of interpretation to the Planning Commission for review and final determination.

(C) Appeals. Official interpretations of the Zoning Code may be appealed in accordance with § 155.416 (Appeals and Reviews).

(Ord. 885-C.S., passed 5-21-19)

(A) Meaning and intent. All language shall be construed according to the purpose and intent set out in § 155.104.040 (Purpose of the Zoning Code).

(B) Minimum requirements. The Zoning Code establishes minimum requirements to protect the public health, safety and welfare. Where the Zoning Code allows for city discretion, the city may impose more stringent requirements to achieve the purpose and intent of the Zoning Code set out in § 155.104.040 (Purpose of the Zoning Code).

(C) Harmonious construction. The city intends that all provisions of the Zoning Code be construed harmoniously. When two or more provisions of the Zoning Code appear to conflict, the city may construe such provisions to give effect to both, if possible, by harmonizing them with each other. In cases of unresolvable conflict, the more restrictive will govern.

(D) Headings, tables and figures. In cases where text conflicts with any heading, table or figure, the text controls.

(E) Lists and examples. Lists of items or examples that use terms such as “including,” “such as” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities. Unless otherwise specifically indicated, the word “including” always means “including, but not limited to.”

(F) Computation of time. References to “days” are calendar days unless otherwise stated. When “business days” are referenced, they include only days when Eureka City Hall is open. The end of a time period is computed by excluding the first day and including the last day.

(G) Rounding of fractional numbers. Unless otherwise stated, a fraction of one-half or more will be rounded to the next highest whole number and a fraction of less than one-half will be rounded to the next lowest whole number.

(H) References to other regulations, publications and documents. Whenever reference is made to a law or regulation, it will be construed as a reference to the most recent edition of such law or regulation, unless specifically stated.

(I) Technical and non-technical terms. Words and phrases will be construed according to the common and approved usage of the language. Technical words and phrases with a particular and appropriate meaning in law will be construed and understood according to such meaning.

(J) Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the City of Eureka, unless otherwise indicated.

• (K) Mandatory and discretionary terms. The words “will,” “must,” “shall” and “is” are always mandatory. The words “should” is encouraged but not required and “may” is permissive.

• (L) Conjunctions. Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows.

• (1) “And” means that all connected items apply.

• (2) “And/or” means that the connected items may apply singularly or in any combination.

• (3) “Or” means that one or more of the connected items may apply.

• (4) “Either...or” means that the connected words or provisions shall apply singularly, but not in combination.

• (M) Tenses and plurals. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates otherwise. The singular includes the plural, and the plural includes the singular.

(N) Terms not defined. The Director has the authority to provide a definition for an undefined term based upon intended meaning of the term. Director determinations will be in writing and maintained by the Department for public review. (Ord. 885-C.S., passed 5-21-19)

(A) Land use regulation tables. Land use regulation tables in the Zoning District Standards identify permitted land uses within each zoning district. Notations within these tables have the following meanings:

(1) Permitted uses. A "P" means a use is permitted by right in the zoning district after obtaining a zoning clearance in accordance with § 155.412.150 (Zoning Clearances).

(2) Conditionally permitted uses. A "C" means a use requires approval of a conditional use permit in accordance with § 155.412.120 (Use Permits).

• (3) Minor permitted uses. An "M" means a use requires approval of a minor use permit in accordance with § 155.412.120 (Use Permits).

• (4) Uses not allowed. A "-" (dash) means a use is not allowed in the zoning district.

(B) Unlisted land uses.

(1) A land use not listed in a land use regulation table is not permitted if the use is listed as an allowed use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.

• (2) For a proposed use not listed in any land use regulation table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:

• (a) The use is consistent with the goals and policies of the General Plan;

• (b) The use will not be detrimental to the public health, safety or welfare;

• (c) The use will meet the purpose of the zoning district;

• (d) The use is similar to other uses allowed in the zoning district;

• (e) The density or intensity of the use is similar to other uses in the zoning district; and

• (f) The use is compatible with permitted and/or conditionally permitted uses in the zoning district.

(3) When the Director determines that a proposed use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use with respect to development standards, permits required and all applicable requirements of the Zoning Code.

• (4) Director determinations will be in writing and maintained by the Department for public review.

• (5) The Director may refer any equivalent use determination to the Planning Commission for review and final decision.

• (6) Equivalent use determinations may be appealed in accordance with § 155.416 (Appeals and Reviews).

• (C) Types of uses.

• (1) Primary land uses.

(a) A primary land use is the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

(b) Multiple primary land uses may occupy a single site or building. A land use on a site with multiple uses is considered a separate primary use if it operates independently from the other uses (e.g., different owner, business name, services provided) and could continue operations if the other uses were no longer present on the site.

(c) Each primary land use on a site is subject only to its own permit requirements identified in the land use regulation tables in the Zoning District Standards subchapter regardless of the permit requirements that apply to other uses on the site. For example, if one primary land use that requires a conditional use permit (CUP) occupies the same space in a building as another primary land use allowed by-right, the land use allowed by-right is not required to obtain a CUP.

(d) Each primary land use on a site is subject only to the standards and limitations that apply to the individual use. For example, if one primary use is subject to conditions of approval limiting its hours of operations, other primary uses on the site would not be subject to those same limitations unless specifically required as through their conditions of approval for their individual permits.

(2) Secondary uses.

(a) A secondary use is a land use specifically identified in § 155.504 (Land Use Classifications) as allowed only when combined with a permitted primary use. For example, a drive-through facility is a secondary use allowed only when combined with a permitted primary use (e.g., restaurants, cafés and beverage sales). A secondary use by its nature cannot exist without an associated primary use.

(b) A secondary use may require different permits from its associated primary use as identified in the land use regulation tables in the Zoning District Standards subchapter. For example, a restaurant may be permitted by-right, but a drive-through facility associated with the restaurant would require a conditional use permit. A secondary use may be subject to standards and limitations separate from the requirements that apply to its associated primary use.

(3) Accessory uses.

• (a) An accessory use is a use that is subordinate to and dependent on a primary use on the same lot.

• (b) Accessory uses are subject to the requirements in § 155.304.020 (Accessory Uses).

(c) An accessory use that complies with § 155.304.020 (Accessory Uses) is considered a component of its primary use and may operate by-right without the requirement to obtain additional permits unless specifically required by the Zoning Code. (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

(A) Uncertain zoning district boundaries. Where zoning district boundaries on the Zoning Map are uncertain, the following rules apply.

(1) Boundaries shown as approximately following the centerlines of streets, highways or alleys are construed to follow the centerline.

(2) Boundaries shown as approximately following the coastal zone boundary are construed to follow the coastal zone boundary.

(3) Boundaries shown as approximately following platted lot lines are construed as following the lot lines. If lot lines shift as

a result of updated survey data or lot line adjustment, zoning district boundaries are construed to follow these shifted lot lines.

• (4) Boundaries shown as approximately following city limits are construed as following city limits.

• (5) Boundaries shown following railroad lines are construed to be midway between and parallel to the main tracks.

(6) If a boundary does not follow a lot line and divides a parcel, the location of the boundary is determined using the scale on the Zoning Map.

(7) Where further uncertainty exists, the Planning Commission shall determine the exact boundary location considering the

general purpose of the Zoning Code, the purpose of the applicable zoning districts, site conditions of the subject property and all other relevant information.

(B) Split zoning. For parcels containing two or more zoning districts (“split zoning”), the regulations for each zoning district will apply within the zoning district boundaries as identified on the Zoning Map.

(Ord. 885-C.S., passed 5-21-19)

This § 155.112 establishes rules for measurement in the Zoning Code.

(Ord. 885-C.S., passed 5-21-19)

(A) Measurement. Lot area is measured as the total area of a lot, expressed in square feet or acres.

(B) Included in calculation. Lot area includes areas subject to easements and/or private streets. (Ord. 885-C.S., passed 5-21-19)

Density is measured as the number of dwelling units divided by the lot area. (Ord. 885-C.S., passed 5-21-19)

(A) Setback measurement. Setbacks are measured as the distance between a lot line and the nearest point of where a structure intersects the ground along a line at a right angle to the lot line. See Figure 112-1.

Figure 112-1: Setback Measurement

(B) Lot line designation. The Director has the authority to designate the location of front, side and rear lot lines based on the physical conditions and function of the lot.

• (C) Flag lots. For flag lots, lot lines are designated as shown in Figure 112-2 unless otherwise designated by the Director based on the existing and/or proposed layout and function of the lot.

Figure 112-2: Flag Lot Setback Measurement

(D) Lots fronting on two parallel streets.

• (1) For lots fronting on two parallel streets (“through lots”), the Director will either:

• (a) Determine that the lot has two fronts; or

• (b) Determine which street frontage constitutes the rear of the lot based on the placement and orientation of existing buildings on the lot and on neighboring properties.

• (2) An alley is not considered a street when determining whether a lot qualifies as a through lot. See Figure 112-3. Figure 112-3: Through Lot

• (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

(A) Floor area.

(1) Floor area is measured as the total area (as defined below) of all floors of a building measured from the exterior face of the outside walls.

• (2) The floor area calculation includes the following:

• (a) Covered areas used for vehicle parking, including garages, carports and parking structures, but excluding tuck-under parking (ground-floor parking areas that are beneath a building and have three or fewer enclosed walls);

• (b) Elevator shafts and stairwells;

• (c) Porches and balconies enclosed on all sides;

• (d) Mechanical shafts;

• (e) Mezzanines;

• (f) Service and mechanical equipment rooms;

• (g) Projecting windows, floors, and other architectural features supported from the ground; and

• (h) Cantilevered upper floors.

• (3) The floor area calculation does not include the following:

• (a) Non-habitable attic spaces;

• (b) Basements;

• (c) Non-habitable accessory structures, such as storage or garden sheds;

• (d) Accessory dwelling units;

• (e) Exterior steps, patios, decks, terraces, porches, balconies and porticoes open on one or more sides;

• (f) Projecting windows and other exterior architectural projections not supported from the ground; and

• (g) For non-residential uses, arcades, porticoes and similar open areas that are located at or near street level and are accessible to the general public, but are not designed or used as sales, display, storage, service or production areas.

(B) Floor area calculation for junior accessory dwelling unit.

(1) Floor area for a junior accessory dwelling unit (JADU) created within the footprint of an existing residential structure is measured as the total area of all floors of the JADU measured from the interior face of the outside walls and the common wall or walls between the JADU and the existing residential structure.

(2) Floor area for new residential construction that includes a junior accessory dwelling unit is measured as the total area (as defined in § 155.112.050(A)(2) of all floors of the building measured from the exterior face of the outside walls, and the interior face of a common wall or walls between the JADU and the proposed residence.

(C) Floor area ratio. Floor area ratio (FAR) is calculated by dividing the total floor area on a lot by the lot area. For example, a 10,000 square-foot lot containing a 5,000 square-foot building would have a FAR of 0.5 (5,000 divided by 10,000). See Figure 112-4.

Figure 112-4: Floor Area Ratio

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21)

(A) Measurement. Site coverage is measured as the total horizontal area covered by all buildings and structures on a lot, divided by the lot area. Total horizontal building area is measured from the exterior surface of the exterior walls of all principal and accessory buildings on the lot. See Figure 112-5.

• (B) Included in calculation. The site coverage calculation includes the following:

• (1) All primary structures;

• (2) All accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures and the like); and

• (3) Bay windows, cantilevered upper floors and other exterior architectural projections that are supported from the ground. Figure 112-5 Site Coverage

(C) Excluded from calculation. The site coverage calculation does not include the following:

(1) Unenclosed and unroofed decks, uncovered patio slabs, landings, driveways, sidewalks, flatwork, balconies, stairways and other similar unenclosed/unroofed structures less than 18 inches in height and six feet or less for railings;

(2) Projecting windows and cantilevered upper floors, and other architectural projections that are not supported from the ground;

• (3) Eaves and roof overhangs projecting less than three feet from a wall;

(4) Areas covered by a trellis or similar structure where at least 50% of the area is open to the sky with uniformly distributed openings;

• (5) Swimming pools and hot tubs that are not enclosed in a roofed structure; and

(6) Unenclosed building service equipment and mechanical appurtenances, such as exterior water heaters, air conditioning units and chimneys.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

(A) Building height.

(1) As shown in Figure 112-6, building height is measured vertically from the average elevation of the finished grade of the ground covered by the structure to the:

• (a) Average height between the bottom of the eave and the ridge of a pitched roof;

• (b) The coping of a flat roof; and

• (c) The deck line of a mansard roof.

(2) Roofs covering decorative elements, elevator shafts, stair towers, parapets and other similar non-habitable building features are not included in the calculation of building height. See § 155.308.020 (Height Exceptions).

• (B) Fence and wall height. See § 155.320.030 (Measurement of Fence and Wall Height).

(C) Freestanding structure height. For freestanding structures such as poles and towers, height is measured as the vertical distance from the finished grade at the base of the structure to the highest point of the structure.

Figure 112-6: Building Height

(Ord. 885-C.S., passed 5-21-19)

(A) Measurements are shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

(B) Distances are measured horizontally. When measuring distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area or other object. Distances are not measured following the topography or slope of the land.

(C) Measurements involving a structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

(D) Measurements involving a lot. When measuring a required distance from a lot, the measurement is made from the portion of the lot that is the closest distance from the point of measurement.

(E) Measuring radius. When a specified land use must be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

(Ord. 885-C.S., passed 5-21-19)

(A) Formula. Average ground slope is calculated using the formula:

S = l x L (100)

A

where:

S = Average slope (in percent)

l = Contour interval (in feet)

L = Total length of all contour lines on the parcel (in feet)

A = Lot area (in square feet)

Figure 112-7: Average Slope Calculation

(B) Contour intervals. Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one-inch equals 200 feet or larger.

(Ord. 885-C.S., passed 5-21-19)

This § 155.116 establishes the zoning districts that apply within the city limits and adopts the Inland Zoning Map. (Ord. 885-C.S., passed 5-21-19)

The City of Eureka is divided into zoning districts and overlay zones to achieve the purpose of the Zoning Code and to implement the General Plan.

(A) Inland zoning districts. Table 116-1 lists the zoning districts that apply to inland areas outside of the coastal zone.

(B) Coastal zoning districts. Table 116-2 lists the zoning districts within Eureka’s coastal zone. Regulations for these coastal zoning districts are found in Ch. 156 of this Municipal Code.

(C) Overlay zones. Table 116-3 lists the overlay zones which impose additional regulations on properties beyond what is required by the underlying zoning district.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 962-C.S., passed 7-15-25)

(A) Inland Zoning Maps. The City Council hereby adopts the Inland Zoning Map, which establishes the boundaries of zoning districts and overlay zones for areas in Eureka located outside of the coastal zone.

(B) Coastal Zoning Map. The Coastal Zoning Map, which establishes zoning district boundaries in the coastal zone, is adopted as part of Municipal Code Ch. 156 (Coastal Zoning).

(C) Incorporation by reference. The Inland Zoning Map, including all legends, symbols, notations, references and other information shown on the maps, are incorporated by reference and made a part of the Zoning Code.

• (D) Public streets.

(1) The Inland Zoning Map assigns a zoning district to all dedicated public streets within the city limits.

(2) A public street or alley that is officially vacated or abandoned will be assigned the zoning of the adjoining property to which it is merged.

(E) Location. The Inland Zoning Map are kept, maintained and updated electronically by the Department and are available for viewing by the public at Department offices and on the official City of Eureka website.

(Ord. 885-C.S., passed 5-21-19)

The Inland Zoning Map may be amended in accordance with § 155.432 (Zoning Code and General Plan Amendments). The Coastal Zoning Map may be amended in accordance with procedures established in Ch. 156 (Coastal Zoning). (Ord. 885-C.S., passed 5-21-19)

ZONING DISTRICT STANDARDS

• (A) General. The purposes of the residential zoning districts are to:

(1) Maintain stable neighborhoods offering a range of housing choices for residents with varied incomes and lifestyle needs; (2) Provide sufficient land in a range of residential densities to enable citizens from a wide array of economic levels and stages of life to live in Eureka, and to accommodate the existing and future workforce;

(3) Accommodate increased development of high-density housing to balance Eureka's housing inventory and enhance affordability;

(4) Encourage the construction of new high-density multi-family housing in zoning districts where multi-family housing is allowed;

(5) Promote housing in close proximity to parks, schools, and public services;

(6) Promote new development that supports a pedestrian-friendly environment and allows residents to easily walk, bike, and take transit to destinations;

(7) Ensure that development protects and enhances the positive qualities of existing neighborhoods and strengthens Eureka's unique sense of place;

(8) Encourage the development of vacant lots and the redevelopment of underutilized properties;

(9) Allow improvements to existing homes consistent with the historic neighborhood character and the need to produce more housing units;

(10) Allow for public and quasi-public uses compatible with a residential setting; and

(11) Allow limited neighborhood-serving commercial uses to enhance residents' quality-of-life where allowed by the Neighborhood Market (NMO) Overlay Zone.

• (B) Specific.

(1) Residential Estate (RE). The RE Zoning District provides areas for low-density single-family detached homes, accessory dwelling units, and limited agricultural uses with a rural character compatible with adjacent agriculture, timberland, and open space uses. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(2) Residential Low (R1). The R1 Zoning District contains neighborhoods of single-family homes and accessory dwelling units in a moderately low-density setting, located in proximity to parks, schools, and public services. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(3) Residential Medium (R2). The R2 Zoning District accommodates a variety of medium-density housing types close to commercial (mixed-use) areas.

(4) Residential High (R3). The R3 Zoning District accommodates high-density multi-family housing in an urban setting close to employment centers, mixed-use zoning districts, and/or public transportation.

• (C) Coastal zoning districts.

• (1) The following residential zoning districts are located exclusively in Eureka's Coastal Zone:

• (a) Residential Estate - Coastal (RE-CZ).

• (b) Residential Low - Coastal (R1-CZ).

• (c) Residential Medium - Coastal (R2-CZ).

• (d) Residential High - Coastal (R3-CZ).

(2) Purpose statements, allowed land uses, and development standards for coastal zoning districts are found in Municipal Code Chapter 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 965-C.S., passed 8-19-25)

(A) General. Table 204-1 identifies allowed land uses and required permits in the residential zoning districts.

(B) Additional permits. In addition to permits identified in Table 204-1, proposed projects in the residential zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

(A) RE and R1 Zoning Districts.

(1) General development standards. Table 204-2 shows development standards in the RE and R1 Zoning Districts when the authority contained in § 155.332.030 (Urban Lot Split Subdivisions) is not exercised. Standards apply to both primary and accessory buildings unless otherwise noted.

(2) Urban lot splits. Table 204-2.1 shows development standards in the RE and R1 Zoning Districts for lots that are subdivided pursuant to § 155.332.030 (Urban Lot Split Subdivisions).

developments).

[5] "New interior property line" means a property line created pursuant to § 155.332.030 (Urban Lot Split Subdivisions) that does not abut an existing parcel outside of the property subject to the urban lot split.

[6] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative).

[7] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions).

[8] New garages must be set back either zero feet or 20 feet or more from the lot line. New garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports.

[9] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit.

(B) R2 and R3 Zoning Districts. Table 204-3 shows development standards in the R2 and R3 Zoning Districts. Standards apply to both primary and accessory buildings unless otherwise noted.

• (C) Lot area and dimensions. See § 155.308.010 (Lot Standards).

(D) Average setback alternative. Minimum required front and exterior side setbacks in Tables 204-2, 204.2-1, and 204-3 may be reduced as provided below.

• (1) Interior lots.

(a) For interior lots adjacent to two developed lots, the minimum front setback for building walls, porches, and stoops may be reduced to the average existing front setback of buildings of all developed lots on the same block face. See Figure 204-1.

(b) For lots not on a standard block configuration, the minimum setback may be reduced to the setback equal to the adjacent developed lots. New multi-lot subdivisions must comply with the minimum setbacks in Tables 204-2 and 204-3.

(2) Corner lots. For corner lots, the minimum front and exterior side setbacks may be reduced to the average setback of all developed lots on the same block face, including alley-separated lots. See Figure 204-2.

Figure 204-1: Alternative Front Setback - Interior Lots

Figure 204-2: Alternative Front and Exterior Side Setback - Corner Lots

(E) Established side setbacks for building additions.

(1) A building wall nonconforming to an interior or exterior side setback, if established prior to June 20, 2019, may be extended by-right to accommodate a residential addition of habitable floor area, including accessory dwelling units. See Figure 204-3. This allowance does not apply to garages and other non-habitable buildings or portions of a building.

(2) Eaves and other building projections may not extend across a lot line. The Director may require a boundary survey to verify the lot line location.

Figure 204-3: Established Setbacks for Building Additions

(F) Exterior side setbacks for garages. As stated in Tables 204-2 and 204-3, if a street-facing garage is entirely located within 30 feet of the rear lot line, the garage must be setback either zero feet or 20 feet or more from the exterior lot line. See Figure 204-

4. This provision applies only to garages, not to carports.

Figure 204-4: Exterior Street Garage Setbacks

(G) Rear setbacks.

(1) As stated in Tables 204-2 and 204-3, the first story of a building must be setback either zero to four feet or ten feet or more from an alley-adjacent rear lot line. No setback is required for the second story and above. See Figure 204-5.

(2) For rear lot lines that are not adjacent to any alley, a five-foot setback is required for the first story and a ten-foot setback is required for the second story and above. See Figure 204-5.

Figure 204-5: Minimum Rear Setback Elevations

(H) Setback projections. See § 155.308.030(A) (Building Features) for building projections and site improvement allowed within minimum setbacks.

(I) Accessory dwelling units. See § 155.316 (Accessory Dwelling Units) for development standards that apply to accessory dwelling units (ADUs).

(J) Accessory structures and site features - setback encroachments. See § 155.308.030(B) (Site Features) for site features and accessory structures allowed in minimum setback areas.

(K) Subdivision alternatives. See § 155.332 (Residential Subdivision Alternatives) for allowed modifications to development standards for small lot subdivisions, conservation subdivisions, and urban lot split subdivisions.

(L) Design standards. See § 155.312 (Design Standards) for building entry, architectural relief, and garage door width standards that apply to new primary buildings except single-family homes.

(M) Parking. See § 155.324 (Parking).

(N) Landscaping. See § 155.328 (Landscaping).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

(A) Applicability. This division establishes standards for SB 9 housing developments in conformance with Cal. Government Code § 65852.21. SB 9 housing developments consist of applications for two new single-family homes on one parcel or for a second single-family home on a parcel with an existing single-family home in the RE or R1 Zoning Districts.

(B) Relationship to urban lot split subdivisions. Applicants may use the multiple dwelling unit provisions of this division and the urban lot split provisions of § 156.332.030 (Urban Lot Split Subdivisions) either independently or in combination, provided all applicable regulations are met.

(C) Eligibility requirements. Up to two primary dwelling units are allowed on one parcel in the RE or R1 Zoning Districts provided the following eligibility requirements are met:

(1) Compliance with Zoning Code. The SB 9 housing development complies with all applicable requirements of this chapter for primary structures, except as modified by the provisions of this subsection. This includes maximum height, FAR, and site coverage standards as outlined in Tables 204-2 and 204-2.1.

(2) Environmental resources and hazards. The parcel satisfies the requirements of Cal. Government Code § 65913.4(a)(6), subparagraphs (B) to (K), which prohibit development on sites subject to specified environmental resources and hazards.

• (3) Affordable and rental housing.

• (a) The SB 9 housing development will not require demolition or alteration of housing that is subject to a recorded

covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(b) The SB 9 housing development will not require demolition or alteration of housing that has been occupied by a tenant in the last three years; and

(c) No current or previous parcel owner has exercised the owner's rights under Cal. Government Code §§ 7060 et seq. (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date of application for the SB 9 housing development.

(4) Historic resources. The parcel is not listed on the State or Local Register of Historic Places or located within a designated historic district.

(D) Permitting process.

(1) Zoning clearance. An SB 9 housing development consistent with the requirements of this section is allowed by-right with a zoning clearance (i.e., building permit approval).

(2) Time limit to act. An SB 9 housing development shall be approved or denied within 60 days of submission of a complete application.

(3) Nonconforming zoning conditions. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property.

(E) Development standards.

• (1) Maximum number of dwelling units.

(a) Project without urban lot split. Accessory dwelling units in compliance with § 155.316 (Accessory Dwelling Units) are allowed in conjunction with an SB housing development, provided the total number of dwelling units does not exceed four on any given lot in the RE or R1 zoning district.

(b) Project with urban lot split. When a lot split occurs under Cal. Government Code § 66411.7 and § 155.332.030 (Urban Lot Split Subdivisions), each resulting parcel is limited to three dwelling units: one single-family home, one junior accessory dwelling unit, and either one additional single-family home or one accessory dwelling unit.

(2) Density. Second single-family homes created by SB 9 housing developments are not considered for the purposes of evaluating the density requirements established by the general plan, but may count as a dwelling unit for purposes of identifying adequate sites for housing.

(3) Minimum setbacks from property lines. The setbacks for dwelling units created through an SB 9 housing development shall be the same as those required for other primary structures in the applicable zoning district, except as provided below:

(a) Side and rear setbacks. The minimum side or rear setback shall be four feet, unless the applicable zoning district permits a smaller minimum setback for primary structures, in which case that smaller setback applies.

(b) Setback exception. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

(4) Parking. On-site parking is not required for dwelling units created through an SB 9 housing development.

• (5) Separation between dwelling units.

(a) No minimum separation is required between dwelling units on a parcel.

(b) Dwelling units may be attached if the structures meet Building Code safety standards and are sufficient to allow separate conveyance.

(6) Guaranteed allowance. A standard of this chapter must be waived if the applicant demonstrates it would prohibit up to two single-family homes, each with up to 800 square feet of floor area, as long as the units comply with all other applicable standards.

(F) Use restrictions.

(1) Vacation rental prohibition. Rental of any dwelling unit created through an SB 9 housing development must be for a term longer than 30 days.

• (2) Residential uses only.

(a) The primary use of dwelling units created through an SB 9 housing development must be residential. A dwelling unit may not be utilized for a non-residential primary use otherwise permitted in the RE or R1 Zoning Districts as identified in Table 204-1.

(b) Home occupations and other accessory uses are permitted in a dwelling unit consistent with § 155.304.070 (Home Occupations) and § 155.304.020 (Accessory Uses).

(Ord. 965-C.S., passed 8-19-25)

(A) General. The purposes of the mixed-use zoning districts are to:

(1) Protect, enhance and build upon Eureka’s unique identity, historic character and sense of community;

(2) Promote a compact development pattern with high-intensity activity centers, infill development, adaptive reuse of existing buildings and redevelopment of vacant lots and underutilized properties;

(3) Encourage a mix of commercial, residential, professional office and civic land uses;

(4) Accommodate a broad range of commercial uses to serve the community and allow properties to quickly respond to evolving market opportunities over time;

(5) Promote a diversity of multi-family housing choices in higher density mixed-use settings, especially on upper floors;

(6) Provide a pedestrian-friendly environment while accommodating the needs of automobiles where appropriate;

(7) Promote transportation alternatives, reduce the reliance on automobiles and increase opportunities to walk, bike or take transit to destinations;

(8) Foster a diverse and resilient local economy, friendly to new business investment and the creation and retention of quality jobs;

(9) Encourage growth in the city’s tax base to support city services and infrastructure; and

(10) Provide attractive and well-designed streetscapes, buildings, parking and public spaces.

(B) Specific.

(1) Downtown (DT). The DT Zoning District maintains, promotes, enhances and builds upon Eureka’s Downtown as a vibrant center for residents, businesses, the arts, local/regional visitors and out-of-town tourists. Vertical mixed-use development with a diversity of uses promote daytime and evening activity, including residential, cultural, lodging, civic, professional office, entertainment, retail and other customer-serving and employment-intensive uses. Multi-story buildings built to lot lines fully utilize available land and support a high-intensity economic and cultural center for the surrounding region. Existing buildings are fully utilized with uses that serve residents, employees, visitors and the broader region. A diversity of building types and architectural styles, many with active ground-floor uses, support a vibrant pedestrian environment and active and inviting public spaces.

(2) Downtown West (DW). The DW Zoning District is an extension of the Downtown (DT) Zoning District with a broader range of allowed land uses to further encourage investment and development and to provide a transition zone from Broadway to Downtown.

(3) Service Commercial (SC). The SC Zoning District is an intensive commercial district primarily located in or adjacent to highly visible areas, and provides for local, regional and visitor needs. Development accommodates vehicles in a manner that supports an attractive streetscape and pedestrian-friendly environment. The SC Zoning District allows a broad variety and scale of retail, office, restaurants, lodging, entertainment, outdoor sales, large product retail sales, storage, warehousing, wholesale and limited residential uses.

areas, and provides for local, regional and visitor needs. Development accommodates vehicles in a manner that supports an attractive streetscape and pedestrian-friendly environment. The SC Zoning District allows a broad variety and scale of retail, office, restaurants, lodging, entertainment, outdoor sales, large product retail sales, storage, warehousing, wholesale and limited residential uses.

(4) Henderson Center (HC). The HC Zoning District is a pedestrian-oriented limited-scale neighborhood shopping district primarily serving residents in nearby neighborhoods. Pedestrian-scale buildings with active street-facing storefronts close to the sidewalk create an active and inviting public realm. Single-family residential homes converted to retail and office uses retain their residential character and buffer nearby residences from higher intensity uses.

(5) Neighborhood Commercial (NC). The NC Zoning District provides places for limited-scale convenience retail, restaurants, offices, professional services and other customer-serving uses to meet the daily needs of nearby residents, workers and visitors. The form and intensity of development supports an active pedestrian environment and is compatible with neighboring

residential properties. Limited residential mixed-use development contributes to neighborhood vitality and safe and attractive streetscapes.

(6) Wabash Avenue (WA). The WA Zoning District provides an area for limited-scale commercial uses to serve the community in the western half of Eureka. Over time, existing properties will be modified and redeveloped to create a more robust neighborhood-oriented and pedestrian-friendly shopping and professional service-related corridor.

(7) Office Residential (OR). The OR Zoning District provides areas for customer-serving and non-customer-serving

professional offices, clinics and related retail and services, as well as residential uses. The OR District allows a mix of singlefamily and multi-family housing, offices, converted residential buildings and lodging where the intent is to generally retain the character, scale and form of the residential neighborhood. The OR Zoning District provides a mix of office and residential uses in an environment with a different character and lower intensity than the other mixed-use commercial districts of the city.

(8) Hospital Medical (HM). The HM Zoning District provides a centralized and consolidated regional hub for hospitals, medical offices and clinics, other health care-related uses and restricted commercial development that supports these uses.

• (C) Coastal zoning districts.

• (1) The following mixed-use zoning districts are located exclusively in Eureka’s coastal zone:

• (a) Old Town - Coastal (OT-CZ);

• (b) Bayfront Commercial - Coastal (BC-CZ);

• (c) Library District - Coastal (LD-CZ);

• (d) Marina District - Coastal (MD-CZ);

• (e) Service Commercial - Coastal (SC-CZ);

• (f) Gateway North - Coastal (GN-CZ); and

• (g) Bridge District - Coastal (BD-CZ).

• (2) Purpose statements, allowed land uses and development standards for coastal zoning districts are found in Municipal Code Ch. 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19)

• (A) General. Table 208-1 identifies allowed land uses and required permits in the mixed-use zoning districts.

(B) Additional permits. In addition to permits identified in Table 208-1, proposed projects in the mixed-use zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(C) General Retail - Outdoor in the Downtown Zoning District. The following requirements apply to general retail - outdoor (including outdoor vehicle sales and rental establishments) in the Downtown (DT) Zoning District.

(1) Secondary use only. General retail - outdoor is allowed only as a secondary use when combined with a permitted primary use. See § 155.108.050(C) (Types of Uses).

• (2) New uses prohibited. New general retail - outdoor (including outdoor vehicle sales and rental uses) established after June 20, 2019, are prohibited.

• (3) Existing uses may remain. An existing general retail - outdoor facility (including vehicle sales and rental establishments) is an allowed use subject to the following requirements:

• (a) The general retail - outdoor use (including vehicle sales and rental uses) applies to the entire lot;

• (b) The use may not be enlarged or expanded to a new lot unless the new lot already contain a general retail - outdoor use;

• (c) Existing buildings occupied by the general retail - outdoor use may be repaired, improved and enlarged. New buildings may be constructed to serve the use;

• (d) Other uses that comply with the DT Zoning District standards may be added to a site while the general retail - outdoor use remains in operation;

• (e) Existing general retail - outdoor uses may be replaced by another conforming use at any time; and

• (f) If a general retail - outdoor use is discontinued for 12 consecutive months or more, the use may not be reestablished. (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)

• (A) General. Table 208-2 identifies development standards in the mixed-use zoning districts.

(B) Maximum front setbacks. The following applies to new buildings in zoning districts with a maximum front setback requirement as shown in Table 208-2.

(1) Buildings shall be constructed at or within the required maximum front setback for a minimum of 50% of the lot’s linear street frontage. See Figure 208-1.

(2) The Director may modify or waive this requirement with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:

(a) Unique physical conditions on the site require the modified standard to accommodate a development project consistent with the purpose of the applicable zoning district; and

(b) The project incorporates a front-facing courtyard or privately-owned public space between the front building wall and front lot line to provide a pedestrian-oriented environment. See Figure 208-2.

Figure 208-1: Maximum Front Setbacks

Figure 208-2: Front-Facing Courtyard or Privately-Owned Public Space

(C) Setbacks adjacent to residential zoning districts. All new buildings and additions to existing buildings adjoining a lot in a residential zoning district must comply with the setback standards in Table 208-3. See Figure 208-3.

Figure 208-3: Setbacks Adjacent to Residential Zoning Districts (Elevations)

(D) Building design. See § 155.312 (Design Standards) for building design standards that apply to all new primary buildings in the DT, DW, HC, SC, WA, NC and OR Zoning Districts.

• (E) Parking. See § 155.324 (Parking).

• (F) Landscaping. See § 155.328 (Landscaping).

• (G) Signs. See § 155.340 (Signs).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose and applicability. Figure 208-4 shows the location of pedestrian-focused frontages outside of the coastal zone. The façades of buildings facing these street frontages are subject to special land use regulations and development standards to maintain and enhance an active and engaging pedestrian environment. These standards do not apply to façades that do not front the street (e.g., multi-story building façades that can be seen over shorter buildings).

(B) Design review required. Any exterior modification to a building façade that faces a pedestrian-focused frontage requires design review in accordance with § 155.412.040 (Design Review), unless the Director determines the modification is so minor in nature that it would not be noticeable by a pedestrian, and the modification does not result in a decrease in ground-floor storefront transparency. "Exterior modification" includes the addition of a new sign, but does not include refacing of an existing sign when there is no change in the size of the sign, and does not include a new, or refacing of an existing sign painted directly on the façade. Design review is not required for signs allowed without permits listed under § 155.340.030.

(C) Ground floor ceiling height. A new building with non-residential ground-floor uses facing the street must provide a minimum floor to ceiling height of 12 feet on the ground floor.

• (D) Ground floor residential use limitations.

(1) New residential development with less than 66 dwelling units per acre must be part of a mixed-use project where the

residential use is located above or behind a ground-floor non-residential use facing the street. For example, on a 6,000 square foot

lot, a new residential development with less than nine units cannot have ground-floor street-facing residential units.

(2) For projects with 66 dwelling units per acre or more, ground-floor residential uses facing the street are permitted. For example, on a 6,000 square foot lot, a new residential development with nine or more units may have street-facing residential units.

(3) For shared living quarters without separate kitchen or bathroom facilities for each room or unit (e.g., micro/shared housing, non-medical care housing, or emergency shelters), ground-floor residential uses facing the street are permitted if the project serves 99 persons or more per acre.

(4) When allowed, ground-floor residential uses facing the street are not subject to the transparency requirement in § 155.208.040(E) (Ground Floor Storefront Transparency).

Figure 208-4: Pedestrian-Focused Frontages (both sides of each street)

(E) Ground floor storefront transparency. Non-residential ground-floor uses facing the street shall comply with the following transparency requirement.

(1) The ground-floor street-facing building walls of non-residential uses must provide transparent windows or doors with views into the building for a minimum of 65% of the building frontage located between three and seven feet above the sidewalk. See Figure 208-5.

(2) Window and door area must be transparent to allow views into the building, but may be translucent for privacy purposes, provided that the windows can be returned to a transparent state.

Figure 208-5: Storefront Transparency (between three and seven feet above the sidewalk)

(3) The Director, or Design Review Committee when design review is required pursuant to § 155.412.040 (Design Review), may allow exceptions to this transparency requirement with an administrative adjustment. To approve the administrative adjustment, the Director or Design Review Committee must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:

(a) The proposed use has unique operational characteristics that preclude building openings, such as for a cinema or theater; and

(b) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)

(A) General. The purposes of the industrial zoning districts are to:

(1) Provide land for a broad range of viable industrial, manufacturing and assembly uses to attract new industries and retain and expand existing uses;

(2) Protect industrially-designated lands from encroachment by incompatible uses and activities that could conflict with or limit industrial activities;

(3) Accommodate non-conforming industrial uses relocated from other locations;

(4) Encourage the new use and redevelopment of properties that have been previously used for industrial purposes;

(5) Strengthen Eureka’s role as a regional manufacturing and industrial center;

(6) Foster a diverse and resilient local economy, friendly to new business investment and the creation and retention of quality jobs; and

(7) Provide locations for non-coastal related industrial uses outside of the coastal zone, with access to necessary transportation routes and infrastructure.

(B) Specific.

(1) Hinge (HN) Industrial Zoning District. The HN Zoning District provides an area for low-intensity manufacturing and very limited commercial uses close to Eureka’s historic Core Area. The primary purpose of the HN Zoning District is to provide a

location for manufacturing uses. The HN Zoning District secondarily allows upper-floor residential and office uses to increase housing opportunities and support a dynamic employment area that can evolve and adapt over time.

(2) Light Industrial (LI) Zoning District. The LI Zoning District provides an area for lower-intensity manufacturing, assembly, wholesaling, service commercial and other employment-generating uses. The LI Zoning District accommodates industrial and heavy commercial uses in proximity to residential, retail and commercial service uses without adverse impacts to these uses. Existing office uses are permitted.

(3) Heavy Industrial (HI) Zoning District. The HI Zoning District provides an area for intensive manufacturing, assembly, packaging, processing, wholesaling, warehousing, distribution, research and development and other employment-generating uses. The HI Zoning District locates industrial uses away from residential, commercial and visitor serving uses due to the potential for loud noise, noxious odors and emissions, vibrations and high volumes of truck traffic.

• (4) Coastal zoning districts.

• (a) The following industrial zoning districts are located exclusively in Eureka’s coastal zone:

1. Hinge Industrial - Coastal (HN-CZ);

2. Light Industrial - Coastal (LI-CZ);

3. Heavy Industrial - Coastal (HI-CZ); and

4. Coastal Dependent Industrial (CDI-CZ).

(b) Purpose statements, allowed land uses and development standards for coastal zoning districts are found in Municipal Code Ch. 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19)

(A) General. Table 212-1 identifies allowed land uses and required permits in the industrial zoning districts.

(B) Additional permits. In addition to permits identified in Table 212-1, proposed projects in the industrial zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

• (A) Purpose. This section establishes standards for new residential and office uses in the Hinge (HN) Zoning District to:

• (1) Protect existing and new manufacturing uses in the industrial zoning districts;

• (2) Ensure that manufacturing uses are recognized as the primary purpose of the industrial zoning districts; and

• (3) Ensure that residential and office uses can functionally co-exist in a mixed-use development in the industrial zoning districts.

• (B) Where allowed. Residential and office uses are allowed in the industrial zoning districts only as provided in Table 212-1.

• (C) Nuisance protection for non-residential uses.

• (1) If a residential or office use (excluding caretaker units) is established in Hinge (HN) Zoning District, existing nonresidential uses in the HN Zoning District are considered a protected use.

• (2) A protected use may not be considered a nuisance pursuant to the Municipal Code if:

• (a) The use was not a nuisance when it began;

• (b) The use is conducted and/or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar uses in Eureka;

• (c) The use is consistent with the purposes of the applicable zoning district as described in § 155.212.010 (Purpose of Industrial Zoning Districts); and

(d) The use complies with the requirements of all applicable federal, state and city statutes, ordinances, rules, regulations, approvals and permits.

(3) The nuisance protections in this division (C) do not apply where a nuisance results from the negligent or improper management or operation of a protected use.

(D) Standards for residential and office uses in mixed-use projects. The following standards apply to new residential and office uses proposed as part of a mixed-use development project in the Hinge (HN) Zoning District.

(1) General standard. The city may approve a new residential or office use only upon finding that the new use will not interfere with existing or anticipated future industrial operations within an industrial zoning district.

(2) Noise. Proposed new residential and office development must prepare an assessment of existing and anticipated future noise at the site and incorporate construction measures as needed to meet the interior noise levels described in Table N-2 of the Noise Element of the General Plan.

(3) Vibration. Proposed new residential and office development must prepare an assessment of existing and anticipated future vibration on the site and incorporate construction measures as needed to reduce the effects of vibration to acceptable levels for the proposed new land use.

(4) Odors, dust and fumes. Proposed new residential and office development must prepare an assessment of existing and anticipated odor/dust/fumes at the site and incorporate construction measures as needed to reduce the effects of odor/dust/fumes to acceptable levels for the proposed new land use.

(Ord. 885-C.S., passed 5-21-19)

Table 212-2 identifies development standards in the industrial zoning districts.

(Ord. 885-C.S., passed 5-21-19)

(A) General. The purpose of the public zoning districts is to accommodate government facilities and services, public and private institutional uses and non-commercial community facilities in convenient and appropriate locations for residents, employees and visitors.

• (B) Specific.

(1) Public Facilities (PF). The PF Zoning District provides locations for schools, governmental offices and facilities,

community assembly uses, courthouses, social services, cemeteries, fairgrounds, airports, marinas and wharves, utility facilities and other similar public and civic uses.

(2) Parks and Recreation (PR). The PR Zoning District provides areas for public parks, playgrounds, golf courses, active/programmable public recreational facilities, passive/self-directed public recreational facilities and other public open space uses.

• (3) Coastal zoning districts.

• (a) The following public zoning districts are located exclusively in Eureka’s coastal zone:

1. Public Facilities - Coastal (PF-CZ);

2. Parks and Recreation - Coastal (PR-CZ); and

3. Woodley Island - Coastal (WI-CZ).

(b) Purpose statements, allowed land uses and development standards for coastal zoning districts are found in Municipal Code Ch. 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19)

• (A) General. Table 216-1 identifies allowed land uses and required permits in the public zoning districts.

Table 216-1: Allowed Land Uses in the Public Zoning Districts

P = Permitted Use M = Minor Use Permit Required C = Use Permit Required

(B) Incidental commercial use. With a minor use permit, the Director may allow in the PF and PR Zoning Districts a retail, commercial service, office or other use not listed in Table 216-1 if:

(1) The use is incidental to a permitted use; and

(2) The establishment of the use would have a public benefit as determined by the Director.

(C) Additional permits. In addition to permits identified in Table 216-1, proposed projects in the public zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)

Table 216-2 identifies development standards in the public zoning districts.

(Ord. 885-C.S., passed 5-21-19)

(A) General. The purpose of the resource-related zoning districts is to protect agricultural lands, open space and natural habitats with important economic, cultural and environmental value to Eureka and the broader region.

(B) Specific.

(1) Agricultural (A). The purpose of the A Zoning District is to protect and conserve agricultural lands and to support agricultural activities as an important contributor to the local and regional economy. The A Zoning District allows the production of crops, livestock grazing, animal and poultry raising, apiaries, dairies, stables and associated residences and farmworker housing. The A Zoning District is intended to protect land, including farmed or grazed wetlands, that is primarily suitable for long-term agricultural and wildlife habitat uses and to ensure adequate separation from adjacent development.

(2) Natural Resources (NR). The purpose of the NR Zoning District is to protect and restore land-based habitats and natural resources in Eureka. The NR Zoning District protects land that is primarily suitable for permanent habitat preservation, compatible resource-related uses, nature study and natural resource-related recreation. Public access, passive recreation, active recreation and visitor-related facilities are allowed to the extent such activities do not negatively impact or degrade natural resources. The NR Zoning District aims to protect surface water resources, riparian habits, ground water and water quality, sensitive biological resources and open space.

(3) Coastal zoning districts.

• (a) The following resource-related zoning districts are located exclusively in Eureka’s coastal zone:

1. Agricultural - Coastal (A-CZ);

2. Natural Resources - Coastal (NR-CZ);

3. Water Development - Coastal (WD-CZ); and

4. Water Conservation - Coastal (WC-CZ).

(b) Purpose statements, allowed land uses and development standards for coastal zoning districts are found in Municipal Code Ch. 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19)

(A) General. Table 220-1 identifies allowed land uses and required permits in the resource-related zoning districts.

(B) Additional permits. In addition to permits identified in Table 220-1, proposed projects in the natural resource zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals). (Ord. 885-C.S., passed 5-21-19)

(A) General. Table 220-2 identifies development standards in the resource-related zoning districts.

(B) Height exceptions for non-residential structures.

(1) With Director approval of an administrative adjustment, water tanks, agricultural processing equipment and silos, aggregate processing equipment, granaries, barns, pole buildings, electronic towers, antennas and similar structures associated with agricultural and natural resource uses may exceed 50 feet in height.

(2) To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find the structure does not exceed the maximum height necessary to perform its intended function. (Ord. 885-C.S., passed 5-21-19)

(A) General. An overlay zone is a defined geographic area shown on the Zoning Map where special requirements or limitations apply, in addition to the underlying base zoning district requirements.

(B) Conflicting requirements. Whenever a requirement of an overlay zone conflicts with a requirement of the underlying base zoning district, the overlay zone requirement controls.

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose. The purpose of the Qualified (QO) Overlay Zone is to limit the land uses allowed in a zoning district when applied to a specific property. The QO Overlay Zone is intended for unique circumstances where use limitations are necessary to reduce impacts and promote compatibility between neighboring properties.

• (B) Allowed restrictions. When the QO overlay is applied to a property, the ordinance establishing the overlay may:

• (1) Prohibit land uses that are otherwise allowed in the applicable base zoning district;

• (2) Impose more stringent development standards on allowed use; and/or

• (3) Require a use permit for allowed land uses that are otherwise permitted by-right.

(C) Limitations; general plan compliance. Land use and development restrictions established by the QO Overlay Zone must be consistent with the General Plan. For example, the QO Overlay Zone may not prohibit multi-family dwellings on a site where multi-family housing is expressly allowed by the applicable General Plan land use designation.

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose. The purpose of the Neighborhood Market (Nmo) Overlay Zone is to allow for the continuation, re-establishment or creation of new neighborhood-serving commercial uses in residential zoning districts. These neighborhood-serving commercial uses are intended to:

• (1) Protect the historic character and unique identity of Eureka’s neighborhoods;

• (2) Increase opportunities for social interaction and community-building in neighborhoods;

• (3) Promote economic vitality by expanding opportunities for locally-owned businesses;

• (4) Promote public safety by increasing pedestrian activity in residential neighborhoods;

• (5) Increase opportunities for residents of all ages and abilities to easily access stores and services;

• (6) Reduce vehicle trips and decrease traffic congestion by increasing opportunities for residents to walk to destinations; and

• (7) Provide opportunities for neighborhood-based healthy food opportunities.

• (B) Applicability. The NMO designation applies to properties shown on the Zoning Map and identified in this section.

• (C) Neighborhood-serving commercial uses defined.

• (1) Included uses. Permitted neighborhood-serving commercial uses are exclusively limited to the following:

• (a) General retail, limited to:

1. Establishments serving the daily needs of neighborhood residents (e.g., markets selling food products and household products such cleaning supplies, paper towels, laundry products);

2. Retail bakeries and other establishments primarily selling specialized foods prepared on-site; and

3. Bookstores.

• (b) Restaurants, cafés and beverage sales;

• (c) Instructional services;

• (d) Small fitness, dance or heath facilities;

• (e) Personal services, limited to barbershops, hair salons, nail salons and health spas; and

• (f) Other similar uses as determined by the Director that meet the purpose of the NMO designation.

• (2) Upper floor residential. Residential units are permitted on upper floors above a neighborhood-serving commercial use.

• (3) Excluded uses. Neighborhood-serving commercial uses exclude the following, as defined in § 155.504 (Land Use Classifications):

• (a) Bars;

• (b) Drive-thru facilities;

• (c) Fuel and service stations;

• (d) Adult entertainment;

• (e) Business services and heavy commercial;

• (f) General retail outdoor;

• (g) General services, including banks, funeral parlors, laundromats and other general services as defined in § 155.504 (Land Use Classifications);

• (h) Offices;

• (i) Medical offices and clinics;

• (j) Vehicle repair, towing and sales; and

• (k) Other similar uses as determined by the Director.

• (D) Existing neighborhood-serving commercial uses.

• (1) Table 224-1 lists properties with an NMO designation where a neighborhood-serving commercial use was present as of June 20, 2019.

Table 224-1: Historical NMO Properties with Neighborhood-Serving Commercial Uses Existing as of June 20, 2019 NMO Zone # APN Address Existing Use

Table 224-1: Historical NMO Properties with Neighborhood-Serving Commercial Uses

(2) An existing neighborhood-serving commercial use may continue as a permitted land use without Department approval if the use continues as the existing use described in Table 224-1.

(3) An existing neighborhood-serving commercial use on a property in Table 221-4 may change to a different (new) type of neighborhood-serving commercial use with approval of a conditional use permit.

(4) If a neighborhood-serving commercial use on a property in Table 224-1 ceases operations for 12 consecutive months or more, re-establishing a neighborhood-serving commercial use requires a conditional use permit.

(E) New neighborhood-serving commercial uses.

(1) Table 224-2 lists properties with an NMO designation where a neighborhood-serving commercial use previously existed, though some were not present as of June 20, 2019.

(2) Establishing or re-establishing a neighborhood-serving commercial use on a property in Table 224-2 requires a conditional use permit.

(F) Performance standards. All new neighborhood-serving commercial uses must comply with the following performance standards.

(1) Noise. Neighborhood serving commercial uses must comply with Municipal Code §§ 94.01 et seq. (Noise).

(2) Hours of operation. A neighborhood-serving commercial use may be open to the public only between the hours of 7:00

a.m. and 11:00 p.m. unless extended hours of operation are approved with a conditional use permit.

(3) Live entertainment. Live entertainment may include only unamplified music, book readings and other similar quiet activities appropriate for residential neighborhoods. Amplified live entertainment is prohibited.

(4) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight, except for FedEx, UPS or USPS-type deliveries and pick-up.

• (5) Solid waste and recycled materials.

(a) Location. Solid waste/recyclable material collection and storage areas must be located a minimum of 15 feet from any adjoining residential lot line.

(b) Screening. All outdoor collection and waste storage areas must be screened from view from an adjoining residential property by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans and seven feet for dumpsters.

(G) Building and site standards. Neighborhood-serving commercial uses must comply with the following building and site standards.

(1) Indoor areas for customers and clients may not exceed 2,000 square feet.

• (2) Establishments that provide food and/or beverage service are limited to seating for 30 people.

• (3) Exterior sales windows (e.g., concession stands) without interior customer space are not permitted.

(4) No more than three on-site parking spaces may be added to the site for customer parking. Parking areas must comply with design standards in § 155.324 (Parking).

• (H) Development standards.

(1) (a) Notwithstanding § 155.224.030(G) (Building and Site Standards), an NMO property is subject to either:

1. The development standards of the applicable base zoning district; or

2. The existing conditions of the site and building at the time of NMO designation, whichever is less restrictive.

• (b) For example, if an existing NMO building has a five-foot front setback and the applicable zoning district requires a tenfoot setback, the NMO building is subject to a minimum five-foot front setback requirement. If an NMO building has a height of

20 feet in a zoning district with a 35-foot maximum height, the NMO building is subject to the 35-foot maximum height standard.

(2) The development standards in this division (H) apply only to buildings occupied by a neighborhood-serving commercial use and upper floor residences above a neighborhood-serving commercial use. Buildings occupied by any other allowed use must comply with the development standards of the applicable zoning district.

• (I) Applying the NMO to additional properties.

(1) In addition to properties identified in Tables 224-1 and 224-2, the City Council may apply the NMO designation to any property in a residential zoning district, regardless of the property size, location or current use.

(2) To apply the NMO designation to additional properties, the City Council must approve a Zoning Code amendment (Zoning Map and text) in conformance with § 155.432 (Zoning Code and General Plan Amendments).

(3) To approve the Zoning Code amendment, the City Council must make the findings in § 155.432.070 (Findings for Approval) and find the proposed NMO use(s) will substantially advance the purpose of the NMO overlay as described in §

155.224.030(A) (Purpose). (Ord. 885-C.S., passed 5-21-19)

(A) Purpose. The purpose of the special considerations (SCO) Overlay Zone is to allow for high-quality development that deviates from the Zoning Code while remaining consistent with the General Plan. The SCO Overlay Zone is intended to promote creativity in building design, flexibility in permitted land uses and innovation in development concepts. The SCO Overlay Zone provides the city with enhanced flexibility to address unique site characteristics and allow projects that will provide public benefits for residents, employees and visitors.

(B) Where allowed. The SCO Overlay Zone may be applied to any property in Eureka.

(C) Designated properties. The SCO overlay applies to properties shown on the Zoning Map and listed in Table 224-3. Each property subject to the SCO Overlay Zone will be listed in Table 244-3 with property information, the city ordinance applying the overlay to the property (“implementing ordinance”) and a summary of the development allowed by the overlay on the property.

(D) Allowed modifications to regulations. When the SCO overlay is applied to a property, the implementing ordinance may allow for modification to any land use regulation or development standard in the Zoning Code, subject to the limitations in § 155.224.040(E) (General Plan Compliance).

(E) General plan compliance. Modifications allowed by the SCO Overlay Zone must be consistent with the General Plan. For example, the SCO Overlay Zone may not allow a floor area ratio (FAR) on a property that is greater than the maximum FAR for the applicable General Plan land use designation.

(F) Required approvals.

(1) Zoning Code amendment. To apply the SCO Overlay Zone to a property, the City Council must approve a Zoning Code and Zoning Map Amendment in accordance with § 155.432 (Zoning Code and General Plan Amendments).

(2) Subsequent approvals. A development project proposed in an SCO Overlay Zone must receive all permits and approvals required by the Zoning Code, unless specifically modified by the implementing ordinance.

(G) Conditions of approval. When the SCO overlay is applied to a property, the City Council may identify in the implementing ordinance conditions of approval that will apply to any proposed project on the property.

(H) Effect of designation.

(1) Development in the SCO Overlay Zone is allowed as specified in the implementing ordinance for the property.

(2) Proposed projects in an SCO Overlay Zone must comply with all Zoning Code requirements, except as specifically modified by the implementing ordinance or as otherwise allowed by the Zoning Code.

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose. The purpose of the Gulch Greenway (GG) overlay zone is to preserve gulches and greenways as unique and valuable community assets.

• (B) Definitions. Terms used in this subsection are defined as follows:

DEVELOPMENT. Any of the following:

• (a) Constructing or establishing a new structure.

• (b) Moving, reconstructing, expanding, or demolishing an existing structure.

• (c) Subdivisions and lot line adjustments.

• (d) Grading and temporary ground disturbance.

• (e) Removing and trimming trees and other vegetation.

• (f) Installing utilities and site development infrastructure, including roads and driveways.

FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

GULCH GREENWAY BUFFER AREA.

• (a) All areas:

1. Fifty feet beyond the break in slope adjacent to a stream or edge of the riparian drip line, whichever is greater (See Figure 224-1); and

2. One hundred feet from the edge of a seasonal or perennial wetland.

• (b) Distances from environmental features are measured using horizontal distance, perpendicular to the feature, regardless of slope.

Figure 224-1: Gulch Greenway Management Area

GULCH GREENWAY MANAGEMENT AREA (GGMA).

• (a) Areas within the GG overlay zone with one or more of the following features (excluding areas described in division (b) below):

1. Slopes of 20% or greater.

2. Stream channels and banks extending beyond the top of bank to the adjacent break in slope.

3. Riparian habitat adjacent to streams, extending to the outermost edge of the riparian dripline, determined using:

• a. 2023 aerial photography on file with the city; or

• b. The most recent aerial photography in cases where legally established development approved by the city modified the 2023 riparian dripline.

4. Wetlands.

5. Gulch greenway buffer areas as defined in this division.

• (b) GGMA does not include:

1. An improved outdoor area, as defined in this division, associated with a legally established use; and

2. The footprint of a legally established structure.

GULCHES AND GREENWAYS. The vegetated areas in and around a ravine or valley, typically containing a stream or wetland.

IMPROVED OUTDOOR AREA. An area that has experienced significant alteration from its natural condition as a result of legally authorized clearing, grading, paving, construction, landscaping, or other activities, as determined by the Director. Includes yards, gardens, landscaping, and perimeter fencing associated with a legally-established use.

RIPARIAN HABITAT. Areas with plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (rivers, streams, lakes, or drainage ways). RIPARIAN HABITAT has one or both of the following characteristics:

• (a) Distinctly different vegetative species than adjacent areas.

• (b) Species similar to adjacent areas but exhibiting more vigorous or robust growth forms.

STREAM. A perennial, intermittent, or ephemeral watercourse, whether naturally or artificially created, identified by a qualified professional through site inspection or on U.S. Geological Survey Maps.

WETLAND. An area where, under normal circumstances, all of the following occur:

• (a) Continuous or recurrent saturation of the upper substrate, caused by groundwater, or shallow surface water, or both.

• (b) The duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate.

• (c) Vegetation is either dominated by hydrophytes or lacks vegetation.

• (d) The State Water Resources Control Board's definition of waters of the state applies.

WHEELED MECHANIZED EQUIPMENT. Heavy construction equipment such as tractors, excavators, skid steers, or

similar machinery used for grading, earthmoving, or substantial vegetation removal. Does not include wheelbarrows, push or rideon lawn mowers, or handheld landscaping tools.

• (C) Permits required.

• (1) General.

• (a) Development in the GG Overlay Zone requires permits shown in Table 224-1. See division (C)(3) below for Gulch Greenway permit information.

• (b) Required permits in Table 224-1 are in addition to other permits and approvals required by the Zoning Code.

Table 224-1: Permits Required in GGMA

C= Conditional Gulch Greenway permit ZC = Zoning clearance M = Minor Gulch Greenway permit - = Prohibited P = Permitted (no zoning clearance required)

(2) Permits from other agencies.

(a) Obtaining a permit from the city does not preclude the need for permits that may be required by other governmental agencies, including the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the U.S. Army Corps of Engineers.

(b) Whenever a requirement in this subsection conflicts with a requirement of another jurisdiction, the requirement most protective of natural resources will apply.

(3) Gulch Greenway permits.

(a) Purpose. A Gulch Greenway permit is a discretionary permit to ensure that development in GGMA minimizes and mitigates natural resource impacts to the extent feasible.

(b) Types.

1. There are two types of Gulch Greenway permits: minor Gulch Greenway permits approved by the Director and conditional Gulch Greenway permits approved by the Planning Commission.

2. If a project triggers multiple Gulch Greenway permits as shown in Table 224-1, only one permit is required and shall be acted on by the highest review authority. For example, if different aspects of a project require both a minor Gulch Greenway permit and a conditional Gulch Greenway permit pursuant to Table 224-1, only a conditional Gulch Greenway permit is required with this permit acted on by the Planning Commission.

• (c) Public notice and hearing.

1. Table 224-2 shows the review authority and public notice and hearing requirements for Gulch Greenway permits.

2. For projects that require a minor Gulch Greenway permit, the Director may refer the application to the Planning Commission for public hearing and decision.

(d) Considerations. When evaluating a Gulch Greenway permit application, the review authority shall consider the following:

1. Changes to the area (quantity) of Gulch Greenway habitat.

2. Continuity of and connections between habitat areas.

3. Impacts on habitat quality and complexity.

4. Water quality.

5. Scenic and visual impacts.

6. Public recreational opportunities.

7. Noise and light impacts on habitat.

8. Human and pet encroachment into habitat.

9. Erosion, runoff, flooding, and fire hazards.

10. Changes to the natural topography and existing landforms.

11. Changes to the natural course of waterways.

12. Impacts on slope stability.

• (e) Findings for approval. To approve a Gulch Greenway permit, the review authority must make the following findings:

1. The project complies with applicable standards in this subsection.

2. The project minimizes and mitigates impacts to fish and wildlife habitat and movement corridor values to the extent feasible.

3. The project minimizes risk of damage to development—both on and outside the subject property—from erosion, flooding and fire hazards.

4. The project protects the water quality and hydrology of Humboldt Bay and its tributaries.

• (D) Permitting process.

(1) General. Applications for permits required by this subsection must be filed and processed as required by § 155.408.

• (2) Project plans.

(a) Project plans prepared by the applicant shall show the boundaries of GGMA on the property and the location of all proposed development as defined in this subsection.

• (b) GGMA boundaries are subject to review and confirmation by the Director.

(3) Consultant review. The city may require technical studies, application review, and a site visit by a qualified professional with expertise in hydrology, biology, or geology. The applicant is responsible for costs associated with this review.

(4) CDFW referrals. The city shall refer all building and planning applications in the GG Overlay Zone to the California Department of Fish and Wildlife (CDFW) for review and comment.

• (5) Conditions of approval.

(a) Pursuant to § 155.408.110, the city may attach conditions of approval to permits for development in the GG Overlay Zone. Conditions of approval may be required to avoid or reduce impacts to natural resources or to mitigate impacts such as by improving the quality of GGMA.

(b) As a condition of approval, the city may require the applicant to file with the County Recorder a deed restriction identifying conditions of permit approval and limitations applying to the property pursuant to this subsection. The deed restriction shall be binding upon any successor in ownership of the property.

(E) Standards.

• (1) Work in seasonal wetlands and streams; when permitted.

• (a) Work in seasonal wetlands and streams is permitted only between June 1 through October 31.

• (b) The Director may grant an exception to this requirement when:

1. The applicant proceeds in good faith to complete the work before November 1;

2. Circumstances outside the applicant's control prevent completion of work before November 1; and

3. Measures are put in place to avoid adverse impacts to natural resources to the extent feasible.

• (2) Water quality. Development must comply with all applicable water quality protection standards, including but not limited

to:

• (a) Municipal Code Chapter 54 (Storm Water Quality Management and Discharge Control);

• (b) Municipal Code §§ 150.200 et seq. (Construction Site Erosion Control); and

• (c) The City of Eureka MS4 permit and Low Impact Development Stormwater Manual.

• (3) Outdoor lighting. Outdoor lighting must comply with standards in § 155.308.050.

• (4) Trees. Tree removal must comply with § 155.304.140.

• (5) Bird nesting sites.

(a) During the bird nesting season (March 15 through August 15), disturbance to vegetation should be avoided except lawn mowing and weeding, and active bird nests must be thoroughly checked for before trimming or removing vegetation, to prevent harm to migratory birds in compliance with the Migratory Bird Treaty Act.

• (b) Tree removal must comply with requirements to protect bird nesting sites in § 155.304.140(E).

• (6) Rubbish and yard waste disposal. Properties are subject to existing prohibitions on dumping, including the disposal of yard waste or other rubbish into the gulch, as set forth in Municipal Code §§ 94.15 et seq.

• (7) Invasive plants and weeds.

• (a) Development must comply with the invasive plant prohibition in § 155.328.050(E).

• (b) Properties must comply with weed abatement requirements in Municipal Code §§ 94.15 et seq.

• (8) Temporary ground disturbances.

• (a) An area of temporary ground disturbance associated with a construction project must be restored to its pre-disturbance state or to a state of greater biological and hydrological function and value within two years of project completion.

• (b) If necessary, restoration measures may include decompacting soil, site recontouring, and/or revegetation with locallyappropriate native species.

• (9) Subdivisions.

• (a) A subdivision is permitted only if all parcels intended for development contain a buildable area and access thereto located entirely outside of GGMA except as allowed by division (E)(9)(b) below.

• (b) The city may allow a subdivision with buildable area in GGMA if the review authority finds all of the following:

1. One or both of the following apply:

• a. Development in GGMA is necessary to accommodate new housing on the property in compliance with state law, including but not limited to the Housing Crisis Act (Cal. Government Code §§ 66300 et seq. ).

• b. The public benefits of development in GGMA outweigh any unavoidable adverse impacts to natural resources.

2. The subdivision minimizes and mitigates adverse impacts to natural resources to the maximum extent feasible.

3. A development alternative with all buildable area outside of GGMA is infeasible.

• (c) All undeveloped GGMA within a subdivision must be designated as permanently protected open space.

• (d) Designated open space areas must be identified on the tentative map and recorded final map and must be guaranteed in perpetuity using one or more of the following methods:

1. Dedication of a conservation easement to a public agency or a public interest land trust;

2. Dedication of land in fee-title to a public agency; or

3. Recordation of a deed restriction with the County Recorder.

• (e) Conservation subdivisions pursuant to § 155.332.040 are permitted, but not required, within the GG Overlay Zone.

• (Ord. 961-C.S., passed 7-15-25)

CITYWIDE STANDARDS

This § 155.304 establishes supplemental standards that apply to specific land uses and development in all zoning districts. (Ord. 885-C.S., passed 5-21-19)

(A) Relationship to primary use.

• (1) An accessory use must be related to and serve the purpose of the primary use on the site.

(2) An accessory use must be clearly incidental and subordinate to the primary use on the site, which may be demonstrated by factors such as the floor area of the use, economic importance of the use, and the number of customers/visitors generated by the use.

• (3) If the primary use is destroyed or removed, the accessory use is no longer allowed.

• (B) Maximum size. The following maximum size standards apply to all accessory uses except accessory dwelling units (ADUs): (1) When an accessory use other than a structure for residential vehicle parking and/or storage is located within a building, the total floor area of the accessory use may not exceed 49% of the habitable floor area of the building containing the associated primary use.

• (2) The floor area of a residential garage or a shed may not exceed 100% of the habitable floor area of the building containing the associated primary use.

• (3) The Director may allow the floor area of an accessory use to exceed the limitation with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that:

• (a) The accessory use complies with § 155.304.020(A) (Relationship to Primary Use); and

• (b) Unique circumstances associated with the primary use warrant the additional floor area for the accessory use.

• (C) Location. An accessory use must be located on the same site as the primary use.

• (D) Timing of establishment. An accessory use may not be established before the primary use is established.

• (E) Residential accessory uses. Accessory uses customarily associated with a place of residence on the same site are permitted. Allowed accessory uses include, but are not limited to the following:

• (1) Home occupations in conformance with § 155.304.070 (Home Occupations);

• (2) Garage and yard sales in conformance with § 155.336.040(B) (Garage Sales);

• (3) Keeping of domestic pets in conformance with Municipal Code Chapter 91 (Animals);

• (4) Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);

• (5) Gardening, landscaping, and open space management in conformance with Municipal Code §§ 94.15 et seq. (Weeds, Rubbish and Debris);

• (6) Storage of personal household property inside a permitted structure; and

• (7) Personal hobbies for non-commercial purposes.

• (F) Non-residential accessory uses. Accessory uses customarily associated with a primary non-residential use on the same site are permitted. Allowed accessory uses include, but are not limited to the following:

• (1) Administrative offices for the primary use;

• (2) Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);

• (3) Wholesale or retail sales to a buyer's custom order of goods produced by the primary use;

• (4) Back-of-the-house niche manufacturing of products sold in a retail facility (such as chocolate production in the back of a candy store, craft beer brewing in a restaurant/brewery, or guitar fabrication in the back of a music instrument store);

• (5) The storage of goods associated with the primary use in conformance with § 155.304.110 (Outdoor Storage);

• (6) Tasting rooms associated with a food or beverage production use;

• (7) Caretaker units in the industrial and public zoning districts; and

• (8) Other similar uses as determined by the Director through a zoning clearance.

• (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose and applicability. This section establishes standards for the location, approval and operation of adult entertainment as defined in § 155.304.030(B) (Definitions).

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ENTERTAINMENT.

• (a) A business which either:

1. Provides live entertainment or performances that involve the display of specified anatomical areas or specified sexual activities; or

2. Displays pornographic films, photographs or other still or moving images with an emphasis on specified anatomical areas or specified sexual activities.

(b) ADULT ENTERTAINMENT includes, but is not limited to, strip clubs, adult movie theaters, adult arcades, adult motels and places that engage in or allow couch dancing, topless dancing, nude or semi-nude mud wrestling and similar businesses.

SPECIFIED ANATOMICAL AREAS. Any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, anus or female breasts below a point immediately above the top of the areolae; and/or

• (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

• (a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

• (b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

• (c) Masturbation, actual or simulated;

• (d) Human genitals in a state of sexual stimulation, arousal or tumescence; and

• (e) Excretory functions.

(C) Exceptions. The following types of businesses are not considered adult entertainment and are exempt from the requirements of this section:

(1) Retail sales. The sale of adult-oriented merchandise related to specified anatomical areas or specified sexual activities as defined in § 155.304.030(B) (Definitions), including adult bookstores, adult video rental stores, adult novelty stores and art galleries. All such uses must comply with Cal. Penal Code Title 9, Ch. 7.5, (Obscene Matter) and other applicable obscenity and indecent behavior laws (e.g., sexually-explicit merchandise may not be visible from building exterior);

(2) Therapeutic massage. Massage conducted by a massage therapist certified by the California Massage Therapy Council; (3) Medical or psychological therapies. The medical or psychological therapeutic activities of state-licensed doctors, psychologists, psychiatrists or marital or sexual therapists;

(4) Modeling or theatrical performances. Nude modeling done in connection with an educational program or artistic endeavor. Occasional theatrical performances, either live or in motion picture theaters, in which nudity is incidental to the content of the presentation; and

(5) Private non-commercial behavior. This section does not regulate the private behavior of adults, which is otherwise permitted by law, where there is no payment, gratuity, exchange of labor or goods or other consideration of a transaction.

• (D) Permit required. A conditional use permit is required to:

• (1) Establish an adult entertainment use as a new business;

• (2) Convert an existing business to an adult entertainment use; or

• (3) Add activities that qualify as an adult entertainment use to an existing business.

• (E) Location.

(1) LI and HN Zoning Districts only. Adult entertainment is allowed only within the Hinge (HN) and Light Industrial (LI) Zoning Districts.

(2) Prohibited on Highway 101. Adult entertainment is not permitted on properties fronting Highway 101 (Broadway, 4th Street or 5th Street).

(3) Other adult businesses. An adult entertainment use may not be established or located within 500 feet of any other adult entertainment use.

(4) Sensitive land uses. An adult entertainment use may not be established or located within 500 feet of a sensitive land use. A SENSITIVE LAND USE means any one of the following:

• (a) A residential zoning district or residential use (not including caretaker units);

(b) A religious institution, on land leased or owned by any church, synagogue, mosque, temple or any school or meeting hall operated by such institution;

• (c) A public or private elementary, junior high or high school, preschool or child day care center;

• (d) A public park on which recreation games may be played, including lawn and parking areas, but excluding natural open space areas where no recreational facilities are present;

• (e) A public assembly or public use civic building, including libraries, community centers, post offices, but excluding police and fire stations; and

• (f) Other land uses oriented to youth/minors as determined by the Director (e.g., toy stores, ice cream shops and the like).

• (F) Application review/conditions of approval.

• (1) Applications to establish adult entertainment shall be reviewed by the City of Eureka Chief of Police. The Chief of Police shall recommend to the Planning Commission conditions of approval necessary to protect the public health, safety, and welfare.

(2) Conditions of approval may address hours of operation, lighting, management supervision, security, visibility, signage, access by minors, live performances, the configuration of interior spaces, and other development and operational standards as needed.

(3) To approve an adult entertainment use, the Planning Commission must make all findings in § 155.412.120(F) (Findings for Approval) and may attach any additional conditions of approval in accordance with § 155.408.110 (Conditions of Approval). (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

Car share facilities in the R2 and R3 Zoning Districts are subject to the following.

(A) On-site employees and on-site servicing and repair of vehicles is prohibited.

(B) Electric vehicles (EV) charging stations and covered parking is allowed.

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose and intent. This section establishes standards for emergency shelters in compliance with Cal. Gov’t Code § 65583(a)(4).

• (B) Permitted zoning district. Emergency shelters are allowed in zoning districts as shown in the allowed use tables in the Zoning District Standards subchapter.

(C) Standards.

(1) Buildings and open space. An emergency shelter may be established within one or more buildings or outside of buildings in open space areas.

(2) Number of residents. For emergency shelters occupying a building, the Building Official and/or Fire Marshal will determine the maximum number of residents permitted to occupy an emergency shelter based on Building Code occupant loading requirements.

(3) Length of stay. The length of stay at an emergency shelter may not exceed one year.

(4) Separation. An emergency shelter may be located no closer than 50 feet from another emergency shelter.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

(A) License. Family day care home providers must obtain and maintain a license from the State of California Department of Social Services.

(B) Separation; large family day care homes. A large family day care home in a residential zoning district may not be located within 300 feet of another family day care home (large or small) or a day care facility.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.

• (B) Permits required.

• (1) Home occupation permit. A home occupation that complies with all standards in division (E) below is permitted by-right with a zoning clearance.

• (2) Minor use permit. A home occupation that does not comply with one or more standards in division (E) below may be allowed with a minor use permit.

• (C) Business license. All persons conducting a home occupation must obtain a City of Eureka business license.

• (D) Applicant agreement. All applicants requesting approval of a home occupation must sign a statement that they have read, understand and will comply with the city’s home occupation requirements.

• (E) Standards. The following standards apply to all home occupations:

• (1) Accessory use. The home occupation must be clearly secondary to the primary use of the property as a residence.

• (2) Signs. See § 155.340.030(A)(7) (Home Occupation).

• (3) Residential appearance. Except for a permitted sign, the existence of the home occupation may not be apparent beyond the boundaries of the site, and no permit to alter the exterior of the structure for the home occupation may be approved.

(4) Off-site effects. A home occupation may not create dust, fumes, odors, smoke, noise, vibration, or electrical interference that is perceptible beyond the property line.

(5) Hazardous materials prohibited. The storage and use of flammable, combustible, or explosive materials must receive approval from the Chief Building Official. Typically, the only such materials that will be allowed are limited to small quantities of fuel for landscaping equipment, contained mini-torches used for sculpting glass, and other similar modest quantities of materials associated with approved home occupation business types.

(6) Outdoor display or storage. Window displays, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation are not allowed.

(7) Employees. A maximum of two on-site non-resident employees is allowed.

(8) Client/customer visits. Except when allowed by division (E)(9) below, only ten vehicle trips per day of clients or customers to the residence are allowed. Client or customer visits are limited to the hours between 8:00 a.m. and 8:00 p.m.

• (a) For retail, commercial service, and office home occupations, no more than one client or customer may be on-site at any given time.

(b) For instructional services, tutoring, gyms, and other similar home occupations as determined by the Director, a maximum of ten students, clients, or customers may be on-site at any given time.

(9) Special events. A home occupation may host up to four special events per year where the client/customer limitations in division (E)(8) above do not apply. Special events include music recitals, dance performances, gallery open studios, and other similar events.

(10) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight except for FedEx, UPS, or USPS-type home deliveries and pick-up.

(11) Parked vehicles. Commercial vehicles/trailers greater than 19,500 pounds gross vehicle weight used by the home occupation may not be parked on site or on street.

(12) Number of home occupations per residence. More than one home occupation per residence is allowed; however, all home occupations combined must adhere to the home occupation standards. For example, regardless of the number of home occupations permitted in association with a residence, only two on-site non-resident employees would be allowed at the residence.

(F) Cottage food operations. Cottage food operations (CFO) as defined in Cal. Health and Safety Code § 113758 and Cal. Gov’t Code § 51035 are a permitted home occupation subject to the following requirements:

(1) The cottage food operation must comply with home occupation standards in § 155.304.070(E) (Standards).

(2) All cottage food operations must be registered or permitted by Humboldt County Department of Environmental Health before commencing business.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

(A) General. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq. ) may be used for residential purposes subject to the requirements of this section.

(B) Development standards. A manufactured home must comply with all development standards (e.g., height, setback, lot coverage) that would apply to a conventional single-family home on the same lot.

(C) Design and construction standards. A manufactured home must be compatible in design and appearance with residential structures in the vicinity and meet the following standards.

(1) Foundation. A manufactured home must be built on a permanent foundation system approved by the Building Official.

(2) Roof material. Roof material must consist of material customarily used for conventional dwelling units, such as tile, composition shingles and wood shakes and shingles.

(3) Siding material. Siding material must consist of exterior material customarily used for conventional dwelling units, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, must be non-reflective and horizontally lapping.

(4) Skirting. Skirting must extend to the finished grade. Siding material utilized as skirting must be the same as the material used on the exterior wall surface of the manufactured home.

(Ord. 885-C.S., passed 5-21-19)

(A) Applicability.

(1) This section applies to the production, sale and/or distribution of retail products from a vehicle, while operating on private property. These standards also apply to on-site incidental preparation by a mobile vendor immediately before and after retail activity occurs on a site.

(2) This section does not apply to hand carts or any retailer traveling from place to place by a non-vehicular type of conveyance, which are subject to the regulations under Municipal Code Ch. 118 (Peddlers and Solicitors).

(3) This section does not apply to mobile vendors operating on a street, which are regulated under Municipal Code Ch. 75 (Mobile Vendors Operating Upon a Street).

(B) Standards. All mobile vendors must comply with the following standards.

(1) Obstructions. A mobile vendor may not directly obstruct pedestrian or vehicular traffic or block a driveway or alleyway.

(2) Schools. A mobile vendor may not operate within 300 feet of any property on which a K-12 school is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day. This prohibition does not apply if the school provides the mobile vendor written authorization to park on school property.

(3) Waste. While in operation, a mobile vendor must maintain a clearly designated waste receptacle in the immediate vicinity of the vehicle.

(4) Operation. When not engaged in on-site incidental preparations or in operation, all mobile vendors, associated equipment and waste receptacles must be removed from the site of operation.

(5) Compliance with other laws and regulations. Mobile vendors must obey all local, state and federal laws.

(6) Business improvement districts. Mobile vendors that operate, or intend to operate, within a business improvement district must pay associated fees.

(C) City approvals.

(1) Council approval on city property. Permission for a mobile vendor to operate on city-owned property, excluding public rights-of-way, requires City Council approval. This requirement does not apply to mobile vendors operating under a special event permit.

(2) Business license. Mobile vendors must acquire a city business license.

(3) Mobile vendor agreement. Prior to receiving a business license, each mobile vendor must sign a statement that they have read, understand and will comply with the city’s mobile vendor requirements.

(4) Record of approved mobile vendors. The city will keep a list of approved mobile vendors. (Ord. 885-C.S., passed 5-21-19)

All new construction of a multi-family residential use in any location must provide either private laundry facilities in each dwelling unit or a common laundry facility with at least one clothes washer and dryer for each six dwelling units. Common washers and dryers may be coin operated.

(Ord. 885-C.S., passed 5-21-19)

(A) Applicability.

(1) The outdoor storage requirements in this section apply to the storage of goods, materials, machines, equipment, vehicles or parts outside of a building for more than 72 hours.

(2) These requirements apply only to lots occupied by a non-residential primary use or undeveloped lots in a non-residential zoning district.

• (3) These requirements do not apply to:

(a) Fleet and service vehicles associated with an allowed land use when parked outdoors in a legally established parking area;

• (b) Vehicle inventory parked outdoors as part of an allowed vehicle sales and rental use; or

(c) Temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.

(B) Non-conformities. Uses non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).

(C) Where allowed. Outdoor storage is allowed as a primary use only in zoning districts identified in the allowed use tables in the Zoning District Standards subchapter. Outdoor storage is also allowed as an accessory use for the storage of goods associated with a primary non-residential use in accordance with § 155.304.020 (Accessory Uses).

(D) Screening.

(1) Outdoor storage areas must be screened with a minimum six-foot high solid fence or wall so as not to be visible from any:

(a) Public street or highway; or

• (b) Residential zoning district or use.

(2) Screening fences and walls may not exceed the maximum allowed height identified in Table 320-1 of § 155.320 (Fences and Walls) and may not use prohibited fence materials identified in Table 320-2.

(E) Surfacing.

(1) Outdoor storage areas must be surfaced with an all-weather material (such as asphalt, concrete or comparable surfacing material approved by the Public Works Director) and graded to provide adequate storm water drainage.

(2) Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage, erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the parking lot landscaping requirements contained in § 155.324.080 (Parking Lot Landscaping).

(3) Outdoor storage of hazardous materials requires a roof or awning over the materials and either a dead-end sump to contain spills or containment in the form of berms, dikes or curbs. All hazardous materials regulated by the California Department of Toxic Substances Control must be placed on a surface as deemed appropriate by the permitting agency. In addition, the surface must conform to all applicable federal and state air and water quality standards.

(F) Shipping containers in industrial zoning districts. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in all industrial zoning districts. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.

(G) Standards for shipping containers.

(1) A metal shipping container must be located at least five feet from a property line, and shipping containers that are accessory to the main occupancy use, and are located less than ten feet from the primary structure, are limited to no more than 10% of the floor area of the primary structure.

(2) The size of a shipping container shall not exceed 45 feet in length, ten feet in height, and the storage area shall not exceed 400 square feet.

(3) When a metal shipping container is located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage. For example, when a shipping container is

placed within ten feet of a property line adjoining an alley on a 50-foot-wide parcel, the side of the shipping container parallel to the alley may not be more than 25 feet long, or ½ the width of the alley frontage. See Figure 304-1

(4) When a permanent structure and a proposed metal shipping container are located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten feet of the property line adjoining the alley. For example, on a 50-foot-wide parcel, if a 28-foot-wide structure already exists within ten feet of the property line adjoining an alley, and the metal shipping container is proposed within ten feet of the alley property, the side of the shipping container parallel to the alley may not be more than 11 feet long, or ½ the width of the open alley frontage (50 - 28 = 22/2 = 11 ft). See Figure 304-2

(5) When a proposed metal shipping container is located ten or more feet from a property line adjoining an alley, the width of the side of the container facing the alley is limited only by Building and Fire Code standards. See Figure 304-3

(6) When a shipping container is used for the storage of hazardous materials, quantities of hazardous materials may not exceed those listed in California Building Code Table 307.1(1), or Table 307.1(2), and must be stored in compliance with the California Building and Fire Codes.

(7) Installation of a metal shipping container may require a Building Permit as required by the California Building Code. (H) Shipping containers in the SC zoning district. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in the SC zoning district. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.

(1) Metal shipping containers in the SC zoning district must:

(a) Be located behind the primary structure when space permits. Where it is physically impossible to locate the shipping container behind the primary structure, the container must be located as close to the rear of the site as possible. A metal shipping container may not be located within the area between the front or exterior side property line and the plane of the primary structure wall.

(b) Painted to match or complement the existing primary structure on the site and must be maintained in good condition and avoid conditions that contribute to blight, including but not limited to, rust, peeling paint, and other visible forms of deterioration. Inclusion or installation of public art on the shipping container is permissible and is not required to match or complement the existing primary structure.

(c) Be located on the ground, and may not be stacked on top of another shipping container.

(2) Section 155.304.110(H) (Shipping Containers in the SC zoning district) is effective only until October 1, 2031, at which time it will expire and be of no further effect. Shipping containers existing in the SC zoning district as of the expiration of this section must either be removed from the site on or before October 31, 2031, or will continue as a non-conforming use and structure, and will be subject to the requirements in § 155.424 (Nonconformities).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 951-C.S., passed 10-17-23)

(A) General. All RV parks must conform to Cal. Code of Regulations Title 25, Ch. 5, Cal. Health and Safety Code Div. 13 and all other state laws and regulations that apply to RV parks.

(B) Length of occupancy. The maximum length of occupancy in an RV park is 180 days in any consecutive 365-day period. (Ord. 885-C.S., passed 5-21-19)

(A) Purpose. This section establishes regulations to allow for tiny houses on wheels within residential zoning districts. These regulations are intended to:

(1) Minimize adverse impacts that could result from tiny houses on wheels in residential neighborhoods;

(2) Ensure tiny houses on wheels do not significantly impact the supply of permanent housing available to Eureka residents; and (3) Provide opportunities for homeowners to generate supplemental income by allowing tiny houses on wheels. (B) Development standards. A tiny house on wheels must comply with all development standards applicable to a conventional accessory dwelling unit as allowed by § 155.316 (Accessory Dwelling Units), except as modified by this subsection. (1) Where allowed. A tiny house on wheels is allowed as an accessory dwelling unit in any residential zoning district subject to the requirements of this subsection. (2) Maximum number per lot. One tiny house on wheels is allowed per lot, in lieu of one attached or detached accessory dwelling unit located on a permanent foundation. (3) Unit size. (a) A tiny house on wheels may be up to 102 inches wide and 40 feet long. (b) A tiny house on wheels shall not be smaller than 150 square feet. (c) A tiny house on wheels may be up to 14 feet in height. (4) Location on lot. (a) A tiny house on wheels may not be located between the primary dwelling and the street, except on a through lot. (b) A tiny house on wheels may not be located in, or block access to, a required off-street parking space. (5) Relationship to other residential structures. A tiny house on wheels must be setback from other structures the distance required by the Building Code. (6) Short-term rental. A tiny house on wheels may not be converted to, or utilized as, a short-term, transient vacant rental. (C) Design and construction standards. A tiny house on wheels must be compatible in design and appearance with residential structures and meet the following standards: (1) Parking surfacing. The surface material under wheels and/or leveling or support jacks must be consistent with § 155.324.060(F) (Surfacing). Bumper guards, curbs, or other installations adequate to prevent movement of the unit are required. (2) Skirting. Undercarriage, including the wheels, tongue, axle, and hitch, must be hidden from view using materials or features such as lattice, fencing, planter boxes, detached decks, and the like. (3) Mechanical equipment. All mechanical equipment must be incorporated into the structure and may not be located on the roof unless screened. (4) Construction code requirements. A tiny house on wheels must comply with at least one of the following: (a) National Fire Protection Association (NFPA) 1192 RV standards or American National Standards Institute (ANSI) 119.5 Park Model standards. Certification for NFPA or ANSI compliance must be made by a qualified third-party inspector. Proof of compliance must be submitted with the tiny house on wheels permit application. (b) State building standards for dwellings as determined by the Chief Building Official, including 2019 Cal. Residential Code Appendix Q Tiny Houses or other adopted alternatives. A building permit must be obtained to demonstrate compliance with state building standards. (D) Utilities. A tiny house on wheels must be connected to water, sewer, and electric utilities to the satisfaction of the Chief Building Official and Public Works Director. Holding tanks incorporated into the original design of the structure may not be used for the purposes of waste storage. (E) DMV registration. A tiny house on wheels must be licensed and registered with the California Department of Motor Vehicles. (F) Permit required. A tiny house on wheels permit is required prior to and for the duration of occupancy of the tiny house on wheels. The permit is a ministerial approval by the Director to confirm the proposed tiny house on wheels complies with all applicable standards.

DMV registration. A tiny house on wheels must be licensed and registered with the California Department of Motor Vehicles. (F) Permit required. A tiny house on wheels permit is required prior to and for the duration of occupancy of the tiny house on wheels. The permit is a ministerial approval by the Director to confirm the proposed tiny house on wheels complies with all applicable standards.

(1) Not transferrable. The permit shall be issued for a specific tiny house on wheels (based on DMV registration number) to occupy a specific location on a designated property as indicated on a required site plan. The permit may not be transferred to authorize relocation of the permitted tiny house on wheels, and/or installation of a different tiny house on wheels at the authorized location.

(2) Property owner approval. Authorization by the owner of the residential lot is required.

(3) Annual renewal. The permit shall lapse and become void one year following the date the permit became effective unless renewed or revoked for violation of the terms of the permit application. If a lapse in permit occurs, the structure is no longer

considered a tiny house on wheels and cannot be used or inhabited as an accessory dwelling unit until a new permit is obtained.

(4) Inspection. A tiny house on wheels shall be inspected by the Building Department prior to final approval of a tiny house

on wheels permit, to verify the unit is in good working order for living, sleeping, eating, cooking, and sanitation, including adequate connection to utilities. Additional inspections may be required at the discretion of the Chief Building Official. The cost of any required inspection shall be borne by the tiny house on wheels owner.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

• (A) Purpose. This subsection establishes permit requirements to remove or alter a tree. These regulations are intended to:

• (1) Protect and preserve trees that are important to the character of the city and its neighborhoods;

• (2) Protect the public's safety by allowing hazardous tree removal; and

• (3) Allow for tree removal and mass reduction as necessary to allow for residential developments and supporting solar arrays.

• (B) Definitions. For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERING A TREE . Relocating, reducing the crown by more than 20%, or any action that kills or destroys a tree.

• MASS REDUCTION . Mass reduction of a tree means actions taken to reduce the volume of a tree's branches or foliage. PROTECTED TREES.

• (a) Outside GGMA. Outside gulch greenway management areas (GGMA) as defined in § 155.508.020, a PROTECTED

TREE means any tree native to coastal Northern California, as identified in the Calflora database or USDA Plants Database, with a 24-inch diameter, or a circumference of 75 inches, or greater, as measured 4.5 feet above the ground.

(b) Inside GGMA. In GGMA, a PROTECTED TREE means any tree native to coastal Northern California, as identified in the Calflora database or USDA Plants Database, with a 12-inch diameter, or a circumference of 38 inches, or greater, as measured 4.5 feet above the ground.

• (C) Permits required.

• (1) General. Table 304-1 identifies permits required to remove or alter a protected tree. No permit is required for actions affecting a non-protected tree.

(2) Inside GGMA. Inside GGMA, removing or altering a protected tree requires either a minor or conditional gulch greenway permit. See § 155.224.050 for Gulch Greenway permit requirements.

(3) Outside GGMA. Outside GGMA, removing or altering more than five protected trees requires a tree permit. Removing or altering five or fewer protected trees requires a zoning clearance.

(4) Hazardous trees in all areas. Removing or altering a hazardous protected tree is allowed in all areas with a zoning clearance as follows:

• (a) Emergencies. In cases of emergency, a protected tree may be removed or altered if the tree:

1. Presents an immediate danger of collapse; and

2. Poses an imminent threat to the public safety or general welfare.

(b) Dead/dying trees. A hazardous protected tree may be removed or altered if the tree is dead, or dying with no hope of recovery; is a danger to public safety, general welfare, and/or the health of adjacent trees; and the issue cannot be addressed by mass reduction that does not remove or alter the tree.

(c) Determination of hazardous condition. A determination that the conditions in divisions (C)(4)(a) or (C)(4)(b) are met may be made by the Eureka Police Department; Humboldt Bay Fire Department; the Public Works Director or designee; Development Services Director or designee; Parks Superintendent or designee; or by an arborist or Registered Professional Forester (RPF).

(5) Within 15 feet of structures - outside GGMA. A protected tree outside GGMA may be removed or altered with a zoning clearance as part of project to construct a new structure if the tree is:

• (a) Within 15 feet of the footprint of a proposed new structure or within the boundary of the associated access road; and

• (b) Identified on the site plan of the proposed project.

• (6) Solar access.

(a) Outside GGMA. If a protected tree outside GGMA hinders direct sunlight for a solar energy system, the tree may be removed or altered with a zoning clearance. The city may approve the zoning clearance only if a report prepared by an arborist or RPF finds that the removal or alteration is necessary to provide solar access, and the solar access cannot be achieved with more minimal mass reduction.

(b) Inside GGMA. A protected tree inside GGMA may be removed or altered with a zoning clearance only when necessary to comply with a solar access easement recorded prior to the adoption of this subsection based on evidence of the easement. All other tree removal or alteration for solar access requires a minor Gulch Greenway permit, with a report prepared by an arborist or RPF that finds the removal or alteration is necessary to provide solar access, and the solar access cannot be achieved with more minimal mass reduction.

• (D) Tree permits.

• (1) Review authority. The Planning Commission reviews and takes action on tree permit applications.

(2) Required report. Tree permit applications and Gulch Greenway permit applications to remove a protected tree must include a report prepared by an arborist or RPF that recommends measures, if needed, to:

• (a) Avoid or minimize adverse impacts to remaining trees on the property that would not be removed.

• (b) Address issues associated with drainage, erosion, land stability, windscreen, and visual buffers along roads and between neighbors resulting from the tree removal.

• (3) Findings for approval. To approve a tree permit, the Planning Commission must find that the project:

• (a) Complies with requirements of this subsection; and

(b) Incorporates adequate measures to minimize and mitigate adverse impacts resulting from the tree removal.

• (E) Nesting bird protection. The following nesting bird protections apply in all areas.

(1) Trees to be removed or altered from March 15 through August 15 shall be surveyed by a qualified biologist to determine the presence or absence of nesting birds.

(2) If the biologist encounters an active nest, no work may begin until the biologist, in consultation with the California Department of Fish and Wildlife (CDFW), prepares species-specific measures to avoid nest abandonment or other harm, and the measures are approved by city staff and implemented.

• (F) Other approvals. Removing or altering any tree, including a non-protected tree, may require an encroachment permit approved by the Public Works Department and approval from CalFire and/or other governmental agencies.

• (Ord. 885-C.S., passed 5-21-19; Am. Ord. 911-C.S., passed 12-15-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 962-C.S., passed 7-15-25)

• (A) Purpose. This subsection establishes regulations to allow for short-term vacation rentals within residential zoning districts. These regulations are intended to:

• (1) Minimize adverse impacts that could result from vacation rental uses in residential neighborhoods;

• (2) Ensure that vacation rentals do not significantly impact the supply of permanent housing available to Eureka residents;

• (3) Provide opportunities for homeowners to generate supplemental income by renting individual rooms or entire residential units to visitors;

• (4) Provide visitors with a range of lodging options to support the local tourism economy; and

• (5) Ensure the city is able to collect transient occupancy taxes (TOT) and other taxes as required by city ordinances.

(B) Applicability.

• (1) This subsection applies to dwelling units, or portions thereof, located in a residential zoning district that are rented to transient patrons for 30 consecutive days or less.

(2) This subsection does not apply to lodging uses in a residential unit in a mixed-use or other non-residential zoning district. All lodging uses outside of a residential zoning district are regulated as a commercial lodging use, regardless of whether the lodging use occupies or replaces an existing residential or commercial use.

• (C) Types of vacation rentals. This subsection allows for two types of vacation rentals:

• (1) Proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, with the proprietor in residence on the site for the duration of the rental. Includes bed and breakfast establishments where meals are provided.

• (2) No proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, when the proprietor is not a resident on-site during any portion of the duration of the rental.

• (D) Rental of accessory dwelling units, second single-family homes in the RE and R1 zoning districts, and new single-family homes resulting from urban lot split subdivisions.

• (1) An accessory dwelling unit that received a certificate of occupancy after January 1, 2020 may not be utilized as a vacation rental. (2) A second single-family home created on a parcel in the RE or R1 zoning district pursuant to Cal. Gov’t Code § 65852.21 may not be utilized as a vacation rental.

(3) A single-family home created on a parcel resulting from an urban lot split subdivision may not be utilized as a vacation rental.

• (E) Maximum number per year.

(1) The number of vacation rentals with no proprietor on-site permitted/licensed each year may not exceed the annual limit set by the City Council. Alternatively, the total number of vacation rentals with no proprietor on-site permitted/licensed by the city may not exceed the total limit set by City Council.

• (2) Vacation rentals with a proprietor on-site are exempt from the annual limit for new vacation rentals.

(F) Permits required.

(1) Vacation rental permit. A vacation rental permit is a ministerial approval by the Department to confirm that a proposed vacation rental complies with all applicable standards.

(2) Minor use permit. See Table 204-1 in § 155.204 (Residential Zoning Districts) for types of vacation rentals that require a minor use permit.

(3) Home occupation permit. Vacation rental operators may require a home occupation permit. See § 155.304.070 (Home Occupations).

(4) Business license. Vacation rental operators must acquire and maintain a city business license.

(5) Vacation rental agreement. Prior to receiving a business license, each vacation rental operator must sign a statement that they have read, understand, and will comply with the city's vacation rental requirements.

(G) City taxes. All vacation rental uses are subject to a transient occupancy tax ("TOT") and any other mandated taxes. Each vacation rental owner, proprietor, and/or manager must comply with Municipal Code § 35.070, which addresses the collection, record keeping, reporting and remittances of applicable TOT.

(H) Standards for all vacation rental uses. The following standards apply to vacation rental uses.

(1) Inspections.

(a) All vacation rental uses must be inspected to residential standards by the Building Department prior to approval.

(b) If the dwelling unit was previously inspected by the Building Department within one year of the vacation rental application, the Building Official may waive the requirement for a new inspection.

(2) Parking.

(a) No on-site parking is required to utilize an existing residential use as a vacation rental use.

(b) Except to allow conversion to an accessory dwelling unit as provided by § 155.316 (Accessory Dwelling Units), if onsite parking exists at the time the vacation rental use is established, that parking may not be removed while the vacation rental use remains in operation.

(3) Events. Vacation rentals are limited to six events ( e.g. , wedding receptions, graduation parties) per year. Event attendance may not exceed the total occupant limit for the property as allowed by the Building Code and may not create a noise nuisance in violation of Municipal Code § 94.02 (Loud Noises Unlawful). Vacation rental operators may further limit the number of events. (4) Signs. See § 155.340.030(A)(8) (Vacation Rental).

(5) Maximum number per lot. The number of residential units and/or vacation rentals on a lot may not exceed the maximum allowed by the density established in Tables 204-2 and 204-3 in § 155.204 (Residential Zoning Districts).

(6) Maximum occupants. The maximum number of occupants allowed in a vacation rental may not exceed two persons per bedroom plus an additional two persons (e.g., a two-bedroom unit may have six occupants). Children aged 12 and under are not counted toward the occupancy total.

(7) Emergency contact.

(a) Each applicant for a vacation rental with no proprietor on-site must designate a local emergency contact person on the application form, including a 24-hour-emergency contact phone number.

(b) The emergency contact person may be the property owner, property manager, or designee, and must live within 50 miles of the city limits.

(c) The Department will provide the emergency contact information to all neighboring properties within 200 feet of the use and to the Eureka Police Department.

(d) The property owner must immediately notify the Department in writing of any changes to the designated emergency contact information.

(8) Fire Department access. Properties with gated entries must have a Fire Department approved device that allows emergency response vehicles and personnel to enter the property.

(9) Lapse of vacation rental permit.

(a) Vacation rental permits shall be subject to annual review and no-fee renewal by the Department.

(b) A vacation rental permit shall lapse and become void by February 1 of each year, unless the business license for the vacation rental is renewed and in good standing, all applicable taxes and fees are paid, and there are no outstanding Police, Fire, or Building Department violations.

(c) If a vacation rental permit lapses, a new vacation rental permit shall be required.

(d) Unless a lapse occurs, approval of a vacation rental permit shall run with the land and shall be fully transferable to the new property owner, provided the new property owner obtains a business license within two months of the purchase of the property.

(I) Enforcement. A permit or approval for any vacation rental use may be revoked in accordance with § 155.428 (Enforcement and Penalties) and as follows:

• (1) The Director may revoke a permit for a vacation rental use upon finding one or more of the following:

• (a) The proprietor, property owner, or emergency contact has been negligent in responding to an emergency situation more than two times in a rolling 12-month period.

• (b) More than two documented law enforcement violations related to the vacation rental have occurred in a rolling 12month period.

• (c) The vacation rental use has been chronically non-compliant with the requirements of this subsection.

(d) The vacation rental owner has failed to pay required transient occupancy taxes despite warnings from the Finance Department.

• (e) The proprietor or property owner has failed to correct noted Building or Fire Code violations.

Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, Finance Department, or Building Department.

(Ord. 938-C.S., passed 11-1-22)