§ 155.404 ADMINISTRATION. — Eureka Zoning Code

§ 155.404.010 PURPOSE. ¶

This § 155.404 describes city roles and responsibilities when administering the Zoning Code. (Ord. 885-C.S., passed 5-21-19)

§ 155.404.020 REVIEW AND DECISION-MAKING AUTHORITY. ¶

(A) Summary table. Table 404-1 summarizes city review and decision-making authority when processing permit applications and other requested approvals.
(B) Meaning of notations. Authority roles shown in Table 404-1 mean the following.
(1) “Recommend” means the authority reviews and makes a recommendation to a higher decision-making body.
(2) “Decision” means the authority may approve, conditionally approve or deny an application.
(3) “Appeal” means the authority hears an appeal of a decision by a lower review authority.

(4) “-” means the authority has no role in the action.

(C) Multiple permit applications. For projects that include multiple permits, see § 155.408.050 (Multiple Permit Applications). (Ord. 885-C.S., passed 5-21-19)

§ 155.404.030 DEVELOPMENT SERVICES DEPARTMENT. ¶

Responsibilities and powers. The Department:

(A) Processes permit applications as provided in § 155.408 (Permit Procedures);
(B) Assumes responsibilities delegated by the Director; and
(C) Performs other duties as necessary to administer the Zoning Code.

_Responsibilities and powers._The Department: (A) Processes permit applications as provided in § 155.408 (Permit Procedures); (B) Assumes responsibilities delegated by the Director; and (C) Performs other duties as necessary to administer the Zoning Code.

	Table 404-1: Review and Decision-Making Authority
Type of Action	Zoning Code Section		Role of Authority
		Director/ Department	Design Review Committee	Planning Commission	City Council

	Table 404-1: Review and Decision-Making Authority
Type of Action	Zoning Code Section		Role of Authority
		Director/ Department	Design Review Committee	Planning Commission	City Council
Legislative Actions
Zoning Code and General Plan amendment	155.432	Recommend	-	Recommend	Decision
Use Permits
Conditional use permit [3]	155.412.120	Recommend	-	Decision	Appeal
Minor use permit [3]	155.412.120	Decision [1]	-	Decision [5]	Appeal
Flexibility and Relief
Administrative adjustment	155.412.030	Decision [1]	-	Appeal	Appeal
Infill incentive permit, major [3]	155.412.060	Recommend	-	Decision	Appeal
Infill incentive permit, minor [3]	155.412.060	Decision [1]	-	Decision [5]	Appeal
Minor modification	155.412.070	Decision [1]	-	Appeal	Appeal
Reasonable accommoda tion	155.412.080	Decision [1]	-	Appeal	Appeal
Variance, major [3]	155.412.140	Recommend	-	Decision	Appeal
Variance, minor [3]	155.412.140	Decision [1]	-	Decision [5]	Appeal
Sign Permits
Administrative sign permits	155.340.060(B)	Decision [2]	Appeal	Appeal	Appeal
Creative sign permits [3]	155.340.060(D)	Recommend	Decision	Appeal	Appeal
Master sign permits [3]	155.340.060(C)	Recommend	Decision	Appeal	Appeal
Gulch Greenway Permits
Conditional Gulch Greenway permit [3]	155.224.050	Recommend	-	Decision	Appeal
Minor Gulch Greenway permit [3]	155.224.050	Decision [1]	-	Decision [5]	Appeal
Other Permits and Approval
Density bonus (ministerial)	155.344	Decision [2]		Appeal	Appeal
Density bonus (discretionary) [3]	155.344	Decision [1]		Appeal	Appeal
Design review [3]	155.412.040	Recommend	Decision [4]	Appeal	Appeal
Home occupation approval	155.304.070	Decision [2]	-	Appeal	Appeal
Tiny house on wheels permit	155.304.130	Decision [2]		Appeal	Appeal

Tree permit	155.304.140	Recommend	-	Decision	Appeal
Zoning clearance	155.412.150	Decision [2]	-	Appeal	Appeal
NOTES: [1] The Director may choose to refer the project to the Planning Commission for review and decision. [2] The Director may delegate review authority to Department staff on ministerial permits and approvals. [3] Applications requiring other discretionary review will be acted upon by the highest review authority, with appeal rights to the next highest authority, except that decisions of the City Council are final. [4] The Historic Preservation Commission conducts design review for projects that alter a designated historic resource as provided in Municipal Code Chapter 157. If a project subject to design review also requires a permit from the Planning Commission, the Planning Commission conducts design review. If the project both alters a designated historic resource as provided in Municipal Code Chapter 157 and requires a permit from the Planning Commission, the Historic Preservation Commission conducts any design review for the project. [5] The Planning Commission acts on the permit only after receiving a written request for a public hearing during the 15-day hearing request period, in accordance with § 155.408.090 (Notice of Pending Action). If no request for a public hearing is received by the end of the 15-day period, the Director acts on the application, and the action is final.

(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; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.404.040 DEVELOPMENT SERVICES DIRECTOR. ¶

(A) Responsibilities and powers. The Director:

(1) Serves as the review and decision-making authority as shown in Table 404-1;
(2) Makes official interpretations of the Zoning Code in accordance with § 155.108.030 (Official Interpretations);
(3) Enforces the Zoning Code in accordance with § 155.428 (Enforcement and Penalties);
(4) Assumes responsibilities described in Municipal Code § 32.041 (Director of Development Services);
(5) Performs other duties as necessary to administer the Zoning Code and as assigned by the City Council; and
(6) Serves as the Secretary to the Design Review Committee, Historic Preservation Commission and Planning Commission.
(B) Duties as Secretary to DRC, HPC and PC. As Secretary to the Design Review Committee (DRC), Historic Preservation Commission (HPC) and Planning Commission (PC), the Director:
(1) Prepares staff reports on permit applications and other requested approvals;
(2) Presents applications at public hearings;
(3) Maintains a record of DRC, HPC and PC proceedings and decisions;
(4) Advises the DRC, HPC and PC on the meaning and applicability of the Zoning Code; and
(5) Provides support and technical assistance to the DRC, HPC and PC as needed.
(C) Delegation to staff. The Director may designate one or more Department staff to perform the duties described in division
(A) (Responsibilities and Powers) above and (B) (Duties as Secretary to DRC, HPC, and PC).
(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)

§ 155.404.050 PLANNING COMMISSION. ¶

(A) Established. The city must maintain a Planning Commission to review and act on proposed development projects and to assist in the development and application of land use policy and regulations in Eureka.
(B) Composition.
(1) Number of members. The Planning Commission consists of five members.

(2) Member experience. Persons appointed to the Planning Commission must have an interest and/or experience in city planning, land development, land use law, architecture, urban design, natural resource protection, real estate, transportation planning, economic development or other relevant planning-related fields.

(3) Appointment; vacancy. Planning Commission members must be appointed and vacancies on the Commission filled in accordance with Municipal Code §§ 33.001 et seq. (Boards and Commissions Created by Council).

(C) Responsibilities and powers. The Planning Commission:
(1) Serves as the review and decision-making authority on applications as shown in Table 404-1;
(2) Hears appeals on decisions in accordance with § 155.416 (Appeals and Reviews);
(3) Makes recommendations to the City Council on Zoning Code amendments and other legislative matters;
(4) Makes recommendations to the City Council on General Plan amendments and specific plans and other special-purpose land use plans; and
(5) Assumes responsibilities described in Municipal Code § 152.01 (Planning Commission).

(D) Meetings and procedures. The Planning Commission operates according to Municipal Code Ch. 33 (Other Departments, Boards and Commissions), Ch. 152 (Planning and Zoning Administration) and any official rules of procedure or bylaws adopted by the Planning Commission.

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

§ 155.404.060 DESIGN REVIEW COMMITTEE. ¶

(A) Established. The Design Review Committee (DRC) is established to review and approve the design of proposed development projects.

(B) Composition.
(1) Number of members. The DRC consists of five members.
(2) Member experience. Persons appointed to the DRC must have professional experience in the fields of architecture, land development, city planning, real estate, landscape architecture or other relevant design-related profession.
(3) Appointment. DRC members must be appointed and vacancies filled according to Municipal Code §§ 33.001 et seq. (Boards and Commissions Created by Council).

(4) Architect. If the DRC membership does not include an architect, the DRC may, by unanimous agreement, invite an architect, who may or may not be a resident of the city, to serve in an advisory capacity.

(C) Responsibilities and powers.
(1) The DRC serves as the review and decision-making authority as shown in Table 404-1.
(2) The DRC may assume other responsibilities as requested by the Director, Planning Commission or City Council.

(D) Meetings and procedures. The DRC operates according to Municipal Code Ch. 33 (Other Departments, Boards and Commissions) and any official rules of procedures or bylaws adopted by the DRC.

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

§ 155.404.070 HISTORIC PRESERVATION COMMISSION. ¶

The purpose and function of the Historic Preservation Commission (HPC) is stated in Municipal Code Ch. 157 (Historic Preservation). In the administration of the Zoning Code, the HPC conducts design review for projects that alter a designated historic resource as provided in Municipal Code Ch. 157.

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

§ 155.404.080 CITY COUNCIL. ¶

The City Council:

(A) Takes action on proposed Zoning Code and General Plan amendments;
(B) Hears appeals on decisions in accordance with § 155.416 (Appeals and Reviews); and

(C) Assumes other responsibilities and takes action on other matters related to the Zoning Code according to the Municipal Code and state and federal laws.

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