§ 155.304 SUPPLEMENTAL USE REGULATIONS.

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)