§ 155.332 RESIDENTIAL SUBDIVISION ALTERNATIVES.

This § 155.332 establishes requirements for residential small lot, conservation, and urban lot split subdivisions to accommodate a diversity of infill housing types, allow for development on constrained lots and preserve open space and other natural resources. (Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)

(A) Purpose. This section establishes standards for small lot subdivisions in the multi-family zoning districts. The intent of these standards is to:

• (1) Facilitate the development of infill housing on vacant and underutilized properties;

• (2) Increase opportunities for fee-simple home ownership in higher density areas of Eureka;

• (3) Expand the types of housing available for purchase in Eureka, including lower-cost housing for first-time homebuyers and seniors looking to downsize; and

• (4) Ensure that development on small lot subdivisions is well designed and minimizes impacts on neighboring properties.

• (B) Where allowed. Small lot subdivisions are allowed only in the R2 and R3 Zoning Districts.

(C) Optional/not mandatory. Small lot subdivisions are an available option, not a mandatory requirement. Lots in the R2 and R3 Zoning Districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in § 155.332.020(E) (Development Standards).

(D) Approvals required. Small lot subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed small lot subdivisions shall be clearly identified as such on the tentative map.

• (E) Development standards.

• (1) Lot area.

• (a) The minimum lot area in a small lot subdivision is 2,000 square feet.

(b) The maximum lot area in a small lot subdivision is 4,999 square feet except an existing primary residence, including

accessory structures located on the same resultant lot as the primary residence, is not limited to the 4,999 square foot maximum.

• (2) Minimum setbacks.

(a) There are no minimum setbacks from lot lines within a small lot subdivision that do not abut a lot outside of the small lot subdivision. See Figure 332-1.

(b) Setbacks from lot lines that abut a property outside of the small lot subdivision are as required by the applicable zoning district.

Figure 332-1: Small Lot Subdivision Setbacks

(3) Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.

• (4) Parking.

(a) On-site parking is required consistent with § 155.324 (Parking); except that, the Director may waive the on-site parking requirement with an Administrative Adjustment for lots without street or alley frontage where it is physically impossible for a vehicle to access a lot.

(b) To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:

1. It is physically impossible to provide vehicular access to the lot due to the location of existing structures; or

2. Proposed development on the lot cannot be reasonably reconfigured in any way that would allow for vehicular access to the lot.

Figure 332-2: Lot Access

(5) Other standards. Except for minimum setbacks, small lot subdivisions are subject to all development standards (e.g., height, FAR, site coverage) in the applicable zoning district.

• (F) Subdivision configurations.

(1) Minimum requirements. Small lot subdivisions must comply with § 155.308.010 (Lot Standards).

(2) Example configurations. Figures 332-3 and 332-4 illustrate example lot configuration and building placement permitted in small lot subdivisions. Other configurations are permitted, provided they comply with the requirements of this section.

Figure 332-3: Small Lot Subdivision Example Configurations - Interior Lots

Figure 332-4: Small Lot Subdivision Example Configurations - Corner Lots

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

(A) Purpose. This subsection allows for subdivision of RE and R1 zoned lots and development of housing pursuant to Cal. Government Code §§ 65852.21 and 66411.7.

(B) Where allowed. Urban lot split subdivisions are permitted on any parcel zoned RE (Residential Estate) or R1 (Residential Low) provided:

• (1) The original lot area is at least 2,400 square feet;

• (2) The lot is not listed on the State or Local Register of Historic Places or located within a designated historic district;

• (3) 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;

• (4) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split subdivision as provided under Cal. Government Code § 66411.7;

• (5) The parcel has not been established through a prior urban lot split subdivision;

• (6) No 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 urban lot split; and

• (7) The urban lot split would not require demolition or alteration of housing that:

• (a) 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; and/or

• (b) Has been occupied by a tenant in the last three years.

(C) Optional/not mandatory. Urban lot split subdivisions are an available option, not a mandatory requirement. Lots in the RE and R1 Zoning Districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in division (E) below (Development Standards).

• (D) Approval process.

(1) Ministerial approval. Urban lot split subdivisions require ministerial city approval of a parcel map as required by the California Subdivision Map Act and Municipal Code Chapter 154 (Subdivision Regulations).

(2) Nonconforming zoning conditions. The Director may not require the correction of nonconforming zoning conditions as a condition of parcel map approval.

(3) Time limit to act. Urban lot splits shall be approved or denied within 60 days of submission of a complete application.

• (4) Identification on parcel map. Proposed urban lot split subdivisions must be clearly identified as such on the parcel map.

• (E) Development standards.

(1) Number of new parcels. The urban lot split creates no more than two resulting parcels.

• (2) Resulting minimum lot area.

• (a) The minimum lot area for a lot resulting from an urban lot split subdivision is 1,200 square feet; and

(b) The resulting minimum lot area must be at least 40% of the original lot area. For example, if the original lot is 5,000 square feet, the smallest resulting lot must be at least 2,000 square feet, or 40% of the original lot area. If the original lot is 3,000 square feet, then the smallest resulting lot must be at least 1,200 square feet.

(3) Minimum setbacks and other standards. No setback is required for an existing structure or a structure in the same location and to the same dimensions as an existing structure. In all other circumstances see Table 204-2.1 for minimum setback and other development standards for urban lot split subdivisions.

(4) Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.

(5) Parking. On-site parking is not required. If on-site parking is provided, the parking must be consistent with § 155.324 (Parking), and garages and carports must be setback as provided in Table 204-2.1.

(6) Maximum number of dwelling units. A maximum of one single-family home, one junior accessory dwelling unit and either one additional single-family home or one accessory dwelling unit are allowed on a lot that is subdivided using the authority contained in the Cal. Government Code.

(7) Guaranteed allowance. A standard of this chapter must be waived if the applicant demonstrates it would have the effect of physically precluding the construction of two units on either of the resulting parcels, each with up to 800 square feet of floor area. (F) Other requirements.

(1) Short-term rental. Rental of any unit created pursuant to an urban lot split subdivision must be for a term longer than 30 days.

(2) Residential use. The primary use of the resulting lots must be residential. The resulting lots may not be utilized for any non-residential primary use otherwise permitted in the RE or R1 zoning districts as identified in Table 204-1.

(3) Owner occupancy. An applicant for an urban lot split subdivision shall sign an affidavit stating the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split subdivision. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Cal. Revenue and Taxation Code §§ 214.15 or 402.1.

(Ord. 931-C.S., passed 2-15-22; Am. Ord. 965-C.S., passed 8-17-25)

(A) Purpose. This section allows for residential conservation subdivisions to preserve open space and accommodate creative site plans on lots where development is constrained by gulches, trees, steep slopes and other physical features. See Figure 332-5 for an example conservation subdivision in the RE Zoning District.

Figure 332-5: Example Conservation Subdivision

(B) Eligibility. Conservation subdivisions are permitted in any residential zoning district on lots 10,000 square feet or more.

(C) Approvals required. Conservation subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed conservation subdivisions must be clearly identified as such on the tentative map.

• (D) Development standards.

• (1) Lot size.

• (a) There is no minimum lot size within a conservation subdivision, provided the overall density of the subdivision does not exceed the maximum density of the applicable zoning district.

• (b) Project density is calculated using the number of homes, not the number of lots, and includes all open space areas. See Figure 332-5.

• (2) Setbacks.

• (a) There are no minimum setbacks from lot lines within a conservation subdivision that do not abut a property outside of the conservation subdivision. See Figure 332-5.

• (b) The applicable zoning district will govern setbacks from lot lines that abut a property outside of the conservation subdivision.

• (3) Height. Buildings within a conservation subdivision may not exceed a maximum height of 35 feet.

• (4) Site coverage. There is no maximum site coverage for individual lots within a conservation subdivision.

• (5) Floor area ratio. The maximum floor area ratio in a conservation subdivision is as required by Table 204-2 in § 155.204 (Residential Zoning Districts).

• (E) Allowed land uses. The applicable zoning district will govern allowed land uses in a conservation subdivision.

• (F) Conservation area. Dedicated conservation areas within a conservation subdivision must be separated from residential parcels and comply with the following standards:

• (1) Open space minimums. A conservation subdivision project must designate a minimum of 50% of the total project site as permanent open space. See Figure 332-5 .

• (2) Conservation easement required. Designated open space must be guaranteed in perpetuity using one or more of the following control mechanisms:

• (a) Dedication of a conservation easement to a public agency or a public interest land trust;

• (b) Dedication of land in fee-title to a public agency; or

• (c) Deed restrictions recorded with the County Recorder.

• (3) Use of conservation area. Conservation areas will remain as undeveloped open space in accordance with the following:

• (a) Development is prohibited within a conservation area, except for development necessary for natural resource protection and restoration as determined by the Director;

• (b) Animal grazing and crop production is allowed in a conservation area consistent with Municipal Code Ch. 91 (Animals). Accessory structures serving an agricultural use, such as pole barns, are allowed;

• (c) Trees may not be removed within a conservation area, except as allowed by § 155.304.140 (Tree Removal); and

• (d) A subdivider or property owner is not required to provide public access to a conservation area.

(4) Contiguity. Fragmentation of dedicated open space areas must be avoided. Dedicated open space areas must be consolidated or linked to facilitate wildlife movement, maintain functioning biological communities and accommodate agricultural activity where appropriate. Open space connections to adjoining land beyond the project site should be anticipated and identified where possible.

(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)