§ 155.224 OVERLAY ZONES.

(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