Chapter 156 — COASTAL ZONING REGULATIONS

This chapter shall be known and may be cited as “the Zoning Regulations of the City for the Coastal Zone.” ('63 Code, § 10-5.2901) (Ord. 417-C.S., passed 12-6-84)

The purposes of this chapter are to:

(A) Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and human-created resources.

(B) Assure orderly, balanced utilization and conservation of coastal zone resources, taking into account the social and economic needs of the people of this city, the region, state, and nation.

(C) Maximize public access to and along the Humboldt Bay shoreline, and maximize public recreational opportunities in the coastal zone, consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

(D) Assure priority for coastal-dependent and coastal-related development over other developments on the shoreline.

(E) Provide a definite plan for development so as to guide the future growth of the city within the coastal zone.

(F) Protect the social and economic character and stability of residential, commercial, agricultural and industrial areas within the city.

('63 Code, § 10-5.2902) (Ord. 417-C.S., passed 12-6-84)

This chapter shall consist of two land use and zoning maps. Map 1 depicts that part of the city's coastal zone west and south from the easternmost point of Daby Island to the southerly city limits. Map 2 depicts that part of the city's coastal zone east, southeast, and northeast from Daby Island to the northeasterly city limits at Indianola. The zoning maps designate specific districts and establish a set of regulations to control the uses of land and water within the city's coastal zone; the density of population; the bulk, locations, and uses of structures; the areas and dimensions of sites; the appearance of certain uses, structures, and signs; the provision of usable open space, including public access, screening, and landscaping; off-street parking and loading facilities; and the location of signs. The zoning maps shall be maintained in the Department of Community Development and be available for public inspection and use at the public counter of the Department during normal business hours. ('63 Code, § 10-5.2903) (Ord. 417-C.S., passed 12-6-84)

(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. No provision of this chapter is intended to repeal, abrogate, annul, impair, or interfere with any provision of this code; provided, however, where the provisions of this chapter impose a greater restriction on the use of land or structures, or the height or bulk of structures, or require greater open spaces about structures, or greater areas or dimensions of sites, or impose a greater restriction on the location, size, illumination, or subject matter of signs than is imposed or required by other provisions of this code, the provisions of this chapter shall control. If any conflict occurs between one or more provisions of this chapter, such conflict shall be resolved in a manner which on balance is the most protective of significant coastal resources. If any provision of this chapter conflicts with any provision of any regulation contained in any previously adopted ordinance of the city, the provisions of this chapter shall control.

(B) The provisions of this chapter are not intended to abrogate, annul, impair, or interfere with any deed restriction, covenant, easement, or other agreement between parties; provided, however, where the provisions of this chapter impose a greater restriction

on the use of land or structures, or the height or bulk of structures, or require greater open spaces about structures, or greater areas or dimensions of sites than is imposed or required by deed restriction, covenant, easement, or other agreement, the provisions of this chapter shall control.

('63 Code, § 10-5.2904) (Ord. 417-C.S., passed 12-6-84)

Any person (including the city, any utility, any federal, state, local government, or special district or any agency thereof) wishing to perform or undertake any development within the coastal zone of the city shall comply with the provisions of this chapter, with the following exceptions:

(A) Land, the use of which is by law subject solely to the discretion of or which is held in trust by the federal government, its officers or agents, 16 USC 1451, Federal Coastal Zone Management Act of 1972, as amended.

(B) New or expanded thermal electric generating plants and electric transmission lines connecting such plants to existing electric transmission systems under the exclusive jurisdiction of the California Energy Resources Conservation and Development Commission (Cal. Pub. Res. Code §§ 25500 and 30264).

(C) New or expanded LNG (liquefied natural gas) terminal facilities under the exclusive jurisdiction of the California Public Utilities Commission (Cal. Pub. Res. Code § 30262(b)).

(D) Any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled (Cal. Pub. Res. Code § 30519).

(E) Any development proposed or undertaken within any state university or college (Cal. Pub. Res. Code § 30519). ('63 Code, § 10-5.2905) (Ord. 417-C.S., passed 12-6-84)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVERTISING SIGN. A sign having more than one-half its area devoted to directing attention to a business, profession, commodity, or service that is not the primary business, profession, commodity, or service sold, manufactured, conducted, or offered on the site on which the sign is located.

AGGRIEVED PERSON. Any person who, in person or through a representative, appeared at a public hearing of the approving authority in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who for good cause was unable to do either.

ALLEY. A public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

ALLOWABLE USE. Any use allowed by right which does not require a public hearing or any discretionary or nondiscretionary permit from the approving authority.

ALTER. To make a change in the supporting members of a structure, such as bearing walls, columns, beams, or girders, which change will prolong the life of the structure.

APPEALABLE DEVELOPMENT. Any of the following:

(1) Developments approved by the city between the sea and the first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance, as generally indicated on the official appeals zone maps approved by the Coastal Commission.

(2) Developments approved by the city not included within subsection (1) of this definition, but located on tidelands, submerged lands, public trust lands, or within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff, as generally indicated on the official appeals zone maps approved by the Coastal Commission.

(3) Any development which constitutes a major public works project or a major energy facility.

APPELLANT. Any person who may file an appeal, which includes an applicant, any aggrieved person, or any two members of the Coastal Commission.

APPLICANT. The person, partnership, corporation, or state or local governmental agency applying for a coastal development permit.

APPROVING AUTHORITY. The city official, Planning Commission, or Council that approves a coastal development permit. BLOCK. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

BOUTIQUE. A shop that specializes in selling sophisticated or fashionable clothing and accessories, or unique or harder to find items. A BOUTIQUE is smaller and more intimate than a STORE.

BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals,

chattels or property of any kind. For the purposes of this section, BUILDING shall mean manufactured homes and mobilehomes as hereinafter defined.

BUILDING INSPECTOR. The Chief Building Official of the city.

CATEGORICALLY EXCLUDED DEVELOPMENT. A development (upon request of the city, public agency or other person) which the Coastal Commission has determined pursuant to Cal. Pub. Res. Code § 30610(e) to have no potential for significant adverse environmental effect's and therefore has issued an exclusion from the coastal development permit requirements in accordance with the applicable regulations.

CHARITABLE INSTITUTION. A non-profit institution devoted to the housing, training, or care of children, or of aged, indigent, handicapped, or underprivileged persons, but not including lodging houses, or dormitories providing temporary quarters for transient unemployed persons, organizations devoted to collecting or salvaging new or used materials, or organizations devoted principally to distributing food, clothing or supplies on a charitable basis.

CHIEF OF POLICE. The Chief of Police of the city.

CITY ATTORNEY. The City Attorney of the city.

CITY CLERK. The City Clerk of the city.

CITY PLANNING COMMISSION and COMMISSION . The duly appointed City Planning Commission. COASTAL COMMISSION. The California Coastal Commission.

COASTAL DEVELOPMENT PERMIT. A letter or certificate issued by the city in accordance with the provisions of this

chapter, after the applicant has submitted all necessary supplementary documentation required to satisfy the conditions precedent in the notice to issue a coastal development permit.

COMMERCIAL USES INCIDENTAL TO THE PRIMARY COASTAL DEPENDENT INDUSTRIAL USE. Those certain

commercial uses allowed within the Core Coastal-Dependent Industrial Area which are minor in significance, subordinate to, and directly related to the primary coastal-dependent industrial uses for which the area is designated. COMMERCIAL USES INCIDENTAL TO THE PRIMARY COASTAL DEPENDENT INDUSTRIAL USE include, but are not limited to, retail sales

and services of goods produced or functional work provided at the site, such as fish markets or seafood restaurants at commercial fish processing facilities, and facility tour areas.

COURT. An unoccupied open space on the same site with a building, which space is bounded on three or more sides by exterior building walls.

DEPTH. The horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city.

DISTRICT. A portion of the city within which the use of land and structures and the location, height and bulk of structures are governed by this chapter.

DRIVE-IN. An establishment serving food or beverages to customers who remain in or leave and return to their cars for consumption and including establishments with drive-up or drive-through window services.

DELICATESSEN STORE. An establishment which primarily retails cooked meats, foods and condiments for consumption off the premises, and which does not offer the range of meats, foods and goods carried by food stores or supermarkets, but which may have accessory seating for not more than 12 persons within an enclosed structure, and on-site consumption of food outside the enclosed structure is not permitted.

DESIGN REVIEW COMMITTEE and COMMITTEE. The duly appointed Design Review Committee established by §§ 155.180 through 155.188 of this title.

DEVELOPMENT. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the

Subdivision Map Act (commencing with Cal. Gov't Code § 66410), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section

4511). As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community Development of the city.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city.

DRIVEWAY. A private road, the use of which is limited to persons residing or working on the site and their invitees, licensees, and business visitors, and which provides access to off-street parking or loading facilities.

DWELLING. A one-family dwelling or multi-family dwelling other than an automobile trailer, hotel, motel, labor camp, camp car, tent, railroad car, or temporary structure.

DWELLING UNIT. One or more rooms and a single kitchen designed for occupancy by one family for living and sleeping

purposes.

EMERGENCY. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

EMERGENCY SHELTER. A facility providing housing, supervision and needed support services to homeless persons on a day to day basis, with a duration of residency not to exceed six months. Emergency shelters are intended to provide interim, temporary housing to residents for whom other housing options are not readily available or affordable, and are not intended to provide long term housing needs. Standards are included in § 156.041 of this chapter to ensure that this intent is met. (Ord. 631-C.S., passed 9-7-99)

FAMILY. An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons, not including servants, who need not be related, living as a single housekeeping unit.

FLOOR AREA, BASIC. The total amount of gross floor area a building contains expressed as a percentage of the total area of the lot.

FAMILY CARE HOME. A residence wherein the owner or proprietor is certified and supervised by the Department of Mental Hygiene of the state to furnish food and lodging in a family atmosphere plus varying amounts of custodial care to one or more persons, not exceeding six persons, who have been “gravely disabled” as defined in Cal. Welf. and Inst. Code § 5008(h).

FLOOR AREA, GROSS. The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same site excluding: basement or cellar areas used only for storage; space used for off-street parking or loading; steps, patios, decks, terraces, porches, and exterior balconies, if not enclosed on more than three sides. Unless excepted above, floor area includes, but is not limited to, elevator shafts and stairwells measured at each floor (but not mechanical shafts, penthouses, enclosed porches, interior balconies, and mezzanines).

FRONTAGE. The property line of a site abutting on a street, other than the side line of a corner lot. FRONTAGE shall be

measured as the shortest distance between the points at which the side property lines intersect the street property line. GARAGE or CARPORT. An accessory structure, or a portion of a main structure, having a permanent roof and designed for the storage of motor vehicles.

GARAGE, REPAIR. A structure or part thereof where motor vehicles or parts thereof are repaired or painted.

GARAGE, PARKING. A structure or part thereof used for the storage, parking, or servicing of motor vehicles, but not for the repair thereof.

GARDEN SHOP. A shop that specializes in selling hand gardening tools, garden décor, small plants, and seeds. A GARDEN SHOP does not contain a plant nursery, large outdoor product displays, or large bags or quantities of mulch, compost, fertilizer, or soil.

HABITABLE ROOM. A room meeting the requirements of Chapter 150 of this title for sleeping, living, cooking, or, dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.

HOME OCCUPATION. The conduct of an art or profession, the offering of a service, the conduct of a business, or the handcraft manufacture or products in a dwelling in accordance with the provisions of § 155.215 of this title.

HOTEL . See MOTEL .

INDIRECT ILLUMINATION. Illumination of a sign by means of light cast upon it from a concealed source outside the sign itself.

INTERSECTION, STREET. The area common to two or more intersecting streets.

JUNK YARD. A site or portion of a site on which waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards, and the like, except a site on which such uses are conducted within a completely enclosed structure and except SCRAP METAL YARDS as defined in this section. An establishment for the sale, purchase, or storage of used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. A MOTOR VEHICLE WRECKING YARD , as defined in this section, shall be deemed a junk yard.

HALFWAY HOUSE. A residence wherein food, lodging, and a certain amount of custodial and counseling care as provided to one or more persons who have recently been released from either a state penal institution or from a federal penal institution. KENNEL. Any premises, except where accessory to an agricultural use, where four or more dogs or cats four months of age or older are kept.

LIVING ROOM. The principal room designed for general living purposes in a dwelling unit. Each dwelling unit shall have a living room.

LOCAL COASTAL PROGRAM. The city's land use plan, zoning ordinance, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.

LODGING HOUSE. A dwelling in which lodging or lodging and meals are provided for compensation for more than three but not more than 15 persons other than members of the resident family, excepting a NURSING HOME as defined in this section. LOT. See SITE .

LOT, CORNER. A site bounded by two or more adjacent street lines which have an angle of intersection of not more than 135°. LOT, CORRIDOR. A site with access to a street by means of a corridor having not less than 20 feet of frontage and a width less than the required site width but at no point less than 20 feet. The length of a corridor shall be measured from the frontage line to the nearest point of intersection with that property line parallel most nearly parallel to the frontage line. The area of an access corridor shall not be included in determining the site area of a corridor lot.

LOT, DOUBLE FRONTAGE. An interior lot having frontage on two parallel or approximately parallel streets. For the purpose of determining front yard requirements, both frontages shall be deemed front lot lines.

LOT, INTERIOR. A lot other than a corner lot.

LOT, KEY. The first interior lot to the rear of a reversed corner lot.

LOT, REVERSED CORNER. A corner lot, the side line of which is substantially a continuation of the front property line of the first lot to its rear.

LOT LINE, FRONT. A line separating an interior lot from a street, or a line separating either the narrower or the wider street frontage of a corner lot from a street at the option of the owner.

LOT LINE, REAR. A lot line, not a front lot line, which is parallel or approximately parallel to the front lot line. Where no lot line is within 45° of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line.

LOT LINE, SIDE. Any lot line which is not a front lot line or a rear lot line.

MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this chapter. MANUFACTURED HOME includes a mobile home subject to 42 USC § 5401 et seq.

(Cal. Health & Safety Code § 18007)

MOBILEHOME. A structure that meets the requirements of the definition of a MANUFACTURED HOME . MOBILEHOME does not include a commercial coach, as defined Cal. Health & Safety Code § 18001.8, factory-built housing, as defined Cal. Health & Safety Code § 19971, or a recreational vehicle, as defined in Cal. Health & Safety Code § 18010. (Cal. Health & Safety Code § 18008)

MOBILEHOME PARK. Any area or tract of land where two or more lots or spaces are rented or leased or held out for rent or lease to accommodate manufactured homes or mobilehomes used for human habitation.

MODULAR HOME. Factory-built housing certified as meeting the local or State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.

MOTEL or HOTEL. A structure or portion thereof or a group of attached or detached structures, containing completely furnished individual guest rooms or suites, containing on a transient basis for compensation, and in which more than 60% of the individual guest rooms or suites are without kitchens or cooking facilities.

MOTOR VEHICLE WRECKING YARD. A site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence outside a fully enclosed structure of three or more used motor vehicles which are not capable of operating under their own power shall constitute prima facie evidence of a MOTOR VEHICLE WRECKING YARD. A MOTOR VEHICLE WRECKING YARD shall be deemed a junk yard.

MULTI-FAMILY DWELLING. A structure, containing more than one dwelling unit, designed for occupancy or occupied by more than one family.

NONCONFORMING SIGN. A sign, outdoor advertising structure, or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, or illumination for the district in which it is located by reason of the adoption or amendment of this chapter, or by reason of annexation of territory to the city.

NONCONFORMING STRUCTURE. A structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of the adoption or amendment of this chapter, or by reason of annexation of territory to the city. NONCONFORMING USE. A use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of the adoption or amendment of this chapter, or by reason of annexation of territory to the city.

NOTICE TO ISSUE COASTAL DEVELOPMENT PERMIT. A letter or certificate issued by the city in accordance with the provisions of this chapter, approving a development subject to fulfillment of conditions prior to issuance of a coastal development permit, but if such conditions are fulfilled, as being in conformance with and adequate to carry out the Local Coastal Program. NURSERY SCHOOL. A school for five or more pre-elementary school age children, or the use of a site or portion of a site for a group day-care program for five children or more other than those resident on the site, including a day nursery, play group, or after-school group.

NURSING HOME. A structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addition, and in which surgery is not performed and primary treatments, such as customarily are given in hospitals or

sanitariums, are not provided. A convalescent home or a rest home shall be deemed a NURSING HOME.

OFF-STREET LOADING FACILITIES. Site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

OFF-STREET PARKING FACILITIES. A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

OIL AND GAS PIPELINE. Any public or private facility for transmitting hydrocarbons.

ONE-FAMILY DWELLING. A building designed for and/or occupied as a residence by one family or individual. ONE-

FAMILY DWELLING shall include manufactured homes when placed on permanent foundation, converted to real property, and taxed as a site-built dwelling as provided by law.

ORIEL WINDOW. A window which projects from the main line of an enclosing wall of a building and is carried on brackets or corbels.

OTHER PERMITS AND APPROVALS. Permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed.

OUTDOOR ADVERTISING STRUCTURE. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any advertising sign may be placed.

PATIO, COVERED. An attached or detached structure not exceeding 14 feet in height and enclosed on not more than three sides except for posts necessary for roof support.

PERMITTED USE. Any use allowed by right which does not require a public hearing, but does require a discretionary or nondiscretionary permit (such as, building permit) to be issued by the approving authority.

PRE-EXISTING. Prior to the adoption of this chapter.

PUBLIC UTILITY. An organization which provides an essential commodity or basic service to the public, such as water, energy, transportation, or telecommunications. Utilities may be publicly or privately owned.

RAILROAD RIGHT-OF-WAY. A strip of land on which railroad tracks, switching equipment, signals and other facilities normally associated with and owned by a railroad are located. Areas of railroad rights-of-way may be used solely for the purpose of accommodating tracks, signals, and other operative devices and facilities related to and necessary for the operation of a railroad, and for public accessways at or above grade to and along the shoreline.

RECREATIONAL VEHICLE. A vehicle with or without motive power designed for human habitation for recreational or emergency occupancy meeting the criteria of Cal. Health and Safety Code Division 13, Part 2.11, § 18215.5. A RECREATIONAL VEHICLE shall include a motorhome, travel trailer, truck camper or camping trailer.

RECREATIONAL VEHICLE PARK.

(1) Any area or tract of land or a separate designated section within a mobilehome park, where one or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents used for travel or recreational purposes on a transient basis.

(2) Notwithstanding division (1) above, an area or tract of land zoned for agricultural purposes where two or more lots are rented or leased, or held out for rent or lease, to owners or users of recreational vehicles or tents for the purpose of housing 12 or fewer agricultural employees, shall not be deemed a recreational vehicle park.

(Cal. Health & Safety Code § 18215)

SATELLITE TELECOMMUNICATION FACILITY. Government and private facilities that transmit a variety of data through satellites, including photos of the earth, messages to and from public safety officials, and a variety of other information. SCRAP METAL YARD. A site or portion of a site used for storage, sorting, collecting, or baling of previously semi-prepared scrap metal, provided that no burning shall be permitted.

SECRETARY. The Secretary of the City Planning Commission and Design Review Committee.

SERVICE STATION. A place where gasoline or any other motor fuel, lubricating oil, or grease for the operation of motor vehicles is offered for sale to the public and deliveries are made directly into the vehicle, including the sale of accessories, performance of minor repairs and lubrication, and the washing of automobiles where no chain conveyor or blower is used.

SHOP. A small, usually independent retail location that offers specialized services or products. The size of the SHOP is determined relative to other similar visitor-serving and retail businesses in the Waterfront Commercial zone district.

SIGN. Any lettering or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, or other purposes on the ground or on any bush, tree, rock, wall, post, fence building, structure, vehicle, or on any place whatsoever. The term “placed” shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever beyond the boundaries of a site.

SIGN AREA. The area of a sign having an integral part of a building, awning, canopy, or marquee as its background shall be the area within the shortest line drawn to include all letters, designs, and tubing which are a part of the sign. The area of all other signs shall be the largest cross-sectional area of the sign measured to a line encompassing all portions of the sign, including background and tubing, but excluding supporting posts without attached lighting. In computing the area of a sign having more than one face, all faces of the sign shall be included.

SIGN, SUBDIVISION. Any sign located either on or off a subdivision tract, which sign indicates the direction to or advertises the location, existence, or sale of a subdivision or any part thereof.

SINGLE OWNERSHIP. Holding record title, possession under a contract to purchase, or possession under a lease by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby the property is or will be under unitary or unified control.

SITE or LOT. A parcel of land or a portion thereof, considered as a unit, devoted to or intended for a use or occupied by a structure or a group of structures that are united by a common interest or use. A SITE or LOT shall have frontage on a street. SITE AREA. The total horizontal area included within the property lines of a site, exclusive of the area of access corridors, streets, portions of the site within future street plan lines, and portions of the site within which a square having a minimum dimension of 35 feet cannot be inscribed.

SPA. A commercial establishment offering a variety of services to improve health and beauty and provide relaxation through personal care treatments such as baths, saunas, massage, facials and the like.

STATIONERY SHOP. A shop that sells paper and other materials needed for writing. A STATIONERY SHOP is not an office supply store.

STORE. A large, often corporate-owned or mainstream retail establishment. A STORE is larger and less intimate than a SHOP or a BOUTIQUE . STREET. A thoroughfare right-of-way, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land.

STRUCTURE. In the coastal zone, includes, but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission and distribution line, and fences and walls exceeding six feet in height. Between the first public road and the sea, however, all fences and walls shall constitute a STRUCTURE for purposes of this definition. STRUCTURE, ACCESSORY. A subordinate structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use. STRUCTURE, MAIN. A structure housing the principal use of a site or functioning as the principal use.

SWIMMING POOL. A pool, pond, lake, or open tank capable of containing water to a depth greater than 1½ feet at any point. THEATER, SMALL. A theater, playhouse, or music hall that has seating space for less than 300 patrons. TOY SHOP. A small shop that specializes in selling toys and games.

TRANSMISSION LINES. Electric power lines bringing power to a receiving substation or a distribution substation.

USE. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.

USE, ACCESSORY. A use which is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

USABLE OPEN SPACE. Open space meeting the requirements of § 155.035 of this title.

VARIETY SHOP. A shop that sells a wide variety of inexpensive items for personal or household use.

WIDTH. The horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

WIRED TELECOMMUNICATION FACILITY. Telecommunications services such as wired (land line) telephone, digital subscriber line (DSL), internet and cable TV and internet services where TV, voice, internet, data, and other content are routed over a network of wires and cables and that do not require an antenna for transmission or reception.

WIRELESS TELECOMMUNICATION FACILITY. Public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications. WIRELESS TELECOMMUNICATION FACILITY includes the towers and other support structures, commercial satellite dishes, antennas, equipment buildings necessary for the specific facility, and facilities co-located on utility poles. WIRELESS TELECOMMUNICATION FACILITY includes “satellite telecommunication facility.” WIRELESS

TELECOMMUNICATION FACILITY does not include “wired telecommunication facility,” or private personal wireless facilities that do not require a license from the Federal Communications Commission, including direct-to-home satellite TV. WIRELESS TELECOMMUNICATION FACILITY PERMIT. An administrative permit issued by the Director of Community Development or the Planning Commission.

YARD. Open space on the same site as a structure located between a structure and the adjoining lot lines, unoccupied and unobstructed by structures from the ground upward or from the level of the structure requiring the yard upward except as otherwise provided in this chapter, including a front yard, side yard, or rear yard.

YARD, FRONT. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

YARD, REAR. A yard extending across a full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.

YARD, SIDE. A yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard.

(‘63 Code, § 10-5.2906) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90; Am. Ord. 518-C.S., passed 8-26-90; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 722-C.S., passed 3-18-08; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 810-C.S., passed 5-19-15)

Wherever this chapter refers to another chapter, section, or division of the city zoning ordinance, such chapter, section, or division shall be deemed incorporated herein by reference; provided, however, that such chapter, section, or division shall be superseded in relevant part by any amendment hereto in this chapter.

('63 Code, § 10-5.29400) (Ord. 417-C.S., passed 12-6-84)

The districts established by the coastal zoning regulations, in conformance with the LCP Land Use Plan shall be as follows:

• WC Conservation Water Districts

• WD Development Water Districts

• NR Natural Resources Districts

• AC Coastal Agricultural Districts

• R Residential Districts

RS-6,000 One-Family Residential Districts, 6,000 square feet minimum site area, provided 4,000 square feet have a natural grade of less than 20%

RM Multi-Family Residential Districts, 6,000 square feet minimum site area per four dwelling units, plus 1,000 square feet per additional dwelling unit

OR Office and Multi-Family Residential District 6,000 square feet minimum site area per four dwelling units, plus 1,000

square feet per additional dwelling unit

• C Commercial Districts

CN Neighborhood Commercial Districts

CP Planned Shopping Center Commercial

CW Waterfront Commercial Districts

CS Service Commercial Districts

• M Industrial Districts

ML Limited Industrial Districts

MG General Industrial Districts

MC Coastal Dependent Industrial Districts

• P Public Works Districts

PF/M Public Facility/Marina District

PD Planned Unit Development Combining Districts

AR Architectural Review Combining Districts

('63 Code, § 10-5.2907) (Ord. 417-C.S., passed 12-6-84)

Wherever any uncertainty exists as to the boundary of a district as shown on the zoning map, other than the coastal zone boundary established by the legislature, the following regulations shall control:

(A) Where a boundary line is indicated as following a street or alley, it shall be construed as following the right-of-way line thereof.

(B) Where a boundary line is indicated as following a watercourse, it shall be construed as following the top edge of the nearest bank, or if there is no identifiable bank, the furthest landward edge of riparian vegetation.

(C) Where a boundary line follows, or coincides approximately with a lot line or a property ownership line, it shall be construed as following the lot line or property ownership line.

(D) Where a boundary line is not dimensioned and is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zoning map.

(E) Where further uncertainty exists, the Planning Commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the objectives of this chapter and the purposes set forth in the district regulations.

('63 Code, § 10-5.2908) (Ord. 417-C.S., passed 12-6-84)

(A) No site or structure shall be used or designated for use for any purpose or any manner other than in conformity with the regulations for the district in which the site or structure is located.

(B) No structure shall be erected and no existing structure or use shall be moved, altered, or enlarged, except in conformity with the regulations for the district in which the structure or use is located.

(C) No yard space provided in compliance with the regulations for the district in which it is located shall be deemed to provide a yard space for any other structure, and no yard or usable open space on one site shall be deemed to provide a yard space or usable open space for a structure on any other site.

(D) No yard, court, or usable open space shall be used, encroached upon, or reduced in any manner except in conformity with the regulations for the district in which the yard, court, or open space is located.

(E) No site held in one ownership as of January 1, 1984, or at any time thereafter, shall be reduced in any manner below the minimum area, frontage, width, or depth prescribed for the district in which the site is located.

('63 Code, § 10-5.2909) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

The location and boundaries of the several districts are as shown on the “Land Use and Zoning Map of the City of Eureka,” attached hereto by reference, made a part hereof, adopted herewith, and published as part of this code. The original of said map shall be filed in the office of the Department of Community Development. Said map and all notations, references, and other information shown thereon are hereby made a part of this chapter. An informed copy of the land use and zoning map shall be available to the public for inspection and review during normal business hours at the public counter of the Department of Community Development.

('63 Code, § 10-5.2910) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90)

The land use and zoning map may be, for convenience, divided into parts, and each such part may, for purposes of more readily identifying areas within such land use and zoning map, be subdivided into units, and each such parts and units may be separately employed for the purpose of amending the land use and zoning map or for any official reference to the land use and zoning map. ('63 Code, § 10-5.2911) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90)

Where lands determined by the Director of Public Works lack adequate drainage facilities, a drainage control plan shall be required to achieve the following purposes:

(A) To protect persons and property from the hazards created by development in areas lacking adequate drainage facilities;

(B) To protect the city from costs that may be incurred when unsuitable development occurs in areas containing inadequate drainage;

(C) To ensure that new development shall in no way contribute to the inundation of surrounding lands; and,

(D) To prevent premature urban developments of certain lands not appropriate for urban uses until the installation of adequate drainage works makes orderly development possible.

('63 Code, § 10-5.2912) (Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

The Director of Public Works shall conduct such investigations as are necessary to determine those areas which for reasons of inadequate drainage are temporarily, not appropriate for urban development and shall prepare for Planning Commission approval of a map and report thereon which may recommend such standards, conditions, regulations, and plans for improvements as are necessary to achieve the purposes of this chapter, consistent with all applicable provisions of this Local Coastal Program. ('63 Code, § 10-5.2913) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

No diking, filling, or dredging shall be permitted in the coastal zone, unless determined to be consistent with the provisions of all applicable Coastal Zone Development Standards, §§ 156.050 through 156.056 of this chapter, and all applicable policies of the land use plan of this Local Coastal Program.

('63 Code, § 10-5.2914) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

No zoning permit for any site in an area designated for drainage control as prescribed in this chapter shall be issued until the drainage control plan required by § 156.017 of this chapter has been approved by the Director of Public Works. ('63 Code, § 10-5.2915) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95) Penalty, see § 150.999

The owner of the site or his/her authorized agent shall submit a drainage control plan prepared by a duly licensed engineer to the Director of Community Development at the time of applying for a zoning permit, which plan shall include the following information, plans and drawings:

(A) A topographic map delineating the drainage area contributing to the idea under consideration;

• (B) A calculation of the flow from the drainage area;

(C) A plan of the area to be improved and indicating the proposed finish grade elevation, size, location of proposed drainage structures, and the relationship, if any, of the proposed drainage control plan to wetlands that presently receive runoff water from the area proposed to be affected;

(D) The Director of Public Works may require additional information, if necessary, to determine whether the purposes of the section are being carried out or may authorize the omission of any or all the information required by this section if it is not necessary, unless one or more wetlands may be affected by the drainage control plan, in which case the Director of Public Works shall make or authorize no such exceptions.

('63 Code, § 10-5.2916) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

(A) Referral to Director of Public Works. The Director of Community Development shall submit all applications for developments on sites in areas designated for drainage control to the Director of Public Works for investigation, report, and recommendation.

('63 Code, § 10-5.2917)

(B) Action of Director of Public Works. Within 21 days after the date the drainage control plans meeting all other requirements of this chapter are submitted for review, the Director of Public Works shall approve the plans or shall submit a written report to the Planning Commission recommending conditional approval, modification, or disapproval.

('63 Code, § 10-5.2918)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

Within 30 days after the Director of Public Works has recommended conditional approval, modification, or disapproval of the drainage control plans, the City Council shall approve, conditionally approve, or disapprove the plans, or shall request the applicant to revise the plans.

('63 Code, § 10-5.2919) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

The approved drainage control plan(s) shall govern the drainage improvements on the site, and, if subsequently divided into two or more parcels consistent with all applicable policies of this chapter and the land use plan of this Local Coastal Program, the approved plans shall govern the drainage improvements of each of the separate parcels.

('63 Code, § 10-5.2919.1) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90)

(A) The ground floor level of all buildings, building enlargements, or extensions of structures shall be at a minimum elevation of 12½ feet based on city datum. In addition, the site shall be graded to drain to the adjacent design finish grade of streets or alleyways.

(B) Exceptions.

(1) The provisions of this section shall not apply to general areas protected by dikes, if approved by the Building Official and Director of Public Works or to areas where the existing ground elevation exceeds 12½ feet based upon city datum. This section shall not be construed to be applicable to dikes for individual properties.

(2) In areas where a setback from property lines is not required and is not proposed, the ground floor level of all buildings, building enlargements or extensions of structures may be reduced upon documentation that flooding to the building and adjacent property as a result of the development will not occur as prepared by a registered civil engineer and approved by the Building Official and Director of Public Works. In no event, however will the ground floor level be less than an elevation of 11 feet based on city datum.

(3) Exceptions may be granted upon documentation of adequate measures to preclude flooding to the subject property and adjacent properties. Documentation shall be provided by the Building Official and Director of Public Works.

(C) The provisions of this section shall not repeal by implication any of the requirements of § 153.10 of this title. ('63 Code, § 10-5.2919.3) (Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

REQUIREMENTS AND REGULATIONS

The zoning schedule contained in § 155.025 of this title shall prescribe basic site, yard, bulk, useable open space, and screening and landscaping regulations that shall apply in the districts as indicated in the schedule. These basic requirements are defined and supplemented by additional requirements and exceptions prescribed in subsequent sections of this chapter. ('63 Code, § 10-5.2919.2) (Ord. 512-C.S., passed 3-8-90; Am. Ord. 519-C.S., passed 8-26-90)

Except as provided in § 150.029(D), §§ 155.156 through 155.161, and 155.032 of this title, no use or structure shall extend beyond the property lines of its site. However, this section shall not be construed to prohibit the location of such public access structures as are defined in § 156.006 and that may require an extension over property or easements to be able to function consistent with the policies of the land use plan of this Local Coastal Program.

('63 Code, § 10-5.2920) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 786-C.S., passed 8-21-12)

(A) Site area and dimensions; requirements and exceptions.

(1) Required front, side, and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site; provided, however where a precise street plan has been adopted by the Council, site area and required yards shall be measured from the plan line, and no provision of this chapter shall be construed to permit a structure or use to extend beyond such line; and provided further, where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

(2) No site shall have less than 20 feet of frontage, and no portion of a site within which a square having a minimum dimension of 35 feet cannot be inscribed shall be counted in determining the site area.

(3) On an irregular site, required yards shall be measured in the manner prescribed by the Director of Community Development.

(4) On a corridor access lot having a width that exceeds its depth, the longer dimension may be considered the depth for purposes of measuring front, side, and rear yards.

(5) On the site of more than one dwelling unit, the area of all vehicular accessways exceeding 100 feet in length shall be deducted from the total site area, and the number of dwelling units permitted shall be determined by dividing the remainder by the site area required per dwelling unit.

(6) If after dividing the area of a site in an RS, RM, OR, CS, CN, or CW District by the site area required per dwelling unit, a remainder equal to or greater than 90%, of the area required for an additional dwelling unit is obtained, one additional dwelling unit may be located on the site provided all other applicable yard, open space, bulk, and parking regulations are met. ('63 Code, § 10-5.2921)

(B) Nonconforming sites. A site having an area, frontage, width, or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to October 16, 1966, and which had a legal area, frontage, width, and depth at the time the subdivision map, deed, or contract of sale was recorded, may be used for a permitted use or a conditional use in the district in which it is located but shall be subject to all other regulations for the district.

('63 Code, § 10-5.2921.1)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95)

The following regulations shall apply to front yards:

(A) The minimum front yard for a garage, carport, or off-street parking space required to serve a dwelling unit in an R District shall be 20 feet, except that if the garage, carport, or off-street parking space is entered parallel to the street from which it has access, the minimum front yard shall be the same as the front yard otherwise required on the site.

(B) On a site in an R District where the difference in natural grade between the midpoint of the front lot line or the existing or proposed street pavement at a point opposite the midpoint of the front lot line, and the midpoint of the rear line if the normally required front yard exceeds 20% the required front yard for a garage, carport, required off-street parking space, or main structure shall be five feet.

('63 Code, § 10-5.2922) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90)

The following regulations shall apply to side and rear yards:

(A) The side yard setback on the street side of a corner lot in an R District shall be not less than 10 feet.

(B) On a reversed corner lot, the minimum rear yard may be not less than the side yard prescribed in said zoning schedule, provided that the side yard adjoining the street shall be not less than the required front yard on the adjoining key lot.

(C) Where the side or rear lot line of the site of a use other than a residential use in a district other than an R or HM District adjoins an R District, the minimum side or rear yard shall be 10 feet greater than the minimum yard prescribed in said zoning

schedule.

(D) On the street side of a corner lot the minimum side yard for a garage, carport, or off-street parking space required to serve a dwelling unit in an R District shall be 20 feet, except that if the garage, carport, or off-street parking space is entered parallel to the street from which it has access, the minimum side yard shall be the same as the side yard otherwise required on the site.

(E) In an R or OR District, where the length of a wall or walls of a structure or structures adjoining an interior side yard exceeds 60 feet, the width of the adjacent side yard shall be increased one foot for every five by which such wall or walls exceeds 60 feet, provided that no such side yard need exceed 20 feet.

(F) In an RM or OR District on the site of a residential use other than a single-family dwelling, the minimum interior side yard shall be 10 feet in width whenever the residential dwelling is designed with a living room window or main entrance adjoining said interior side yard.

('63 Code, § 10-5.2923) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90)

The height of obstructions at corners of intersecting streets and at alleys and driveways shall be regulated by §§ 71.55 through 71.59 of this code.

('63 Code, § 10-5.2925) (Ord. 417-C.S., passed 12-6-84)

(A) Architectural projections. Architectural projections, including eaves, awnings, louvers, and similar shading devices, sills, belt courses, cornices, and similar features, and flues and chimneys may project not more than four feet into a required front yard, rear yard, or side yard on the street side of a corner lot, and not more than two feet into any other required yard, provided that no required interior side yard or rear yard shall be reduced to less than three feet.

(B) Oriel windows. Oriel windows may project not more than three feet into a required front yard, rear yard, or side yard on the street side of a corner lot, or over a street right-of-way where no yard is required, provided that the aggregate width of oriel windows shall not exceed 50% of the length of the wall in which they are located and the width of any individual oriel window shall not exceed 10 feet, and provided that no portion of an oriel window or its supporting structure shall be less than eight feet above the grade of the ground.

(C) Porches and steps not over six feet above-ground. Unroofed porches, steps, decks, and terraces may project not more than eight feet into a required front yard or side yard on the street side of a corner lot, or to a point not closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

(D) Balconies over six feet above-ground. Balconies, decks, terraces, and other similar unroofed structures at a height, including railings, more than six feet above the level at which a yard must be provided may project not more than eight feet into a required front yard or rear yard and five feet into any other yard, provided that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by necessary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck.

(E) Open stairways. Open unenclosed fire escapes and fireproof outside stairways may project into any required yard not more than four feet, provided that no yard shall be reduced to less than three feet.

(F) Covered patios. Covered patios attached to a main structure may project not more than eight feet into a required rear yard and five feet into a required side yard within 35 feet of the rear lot line, provided that the required side yard shall not be reduced to less than five feet. A covered patio not attached to a main structure shall be deemed an accessory structure.

(G) Underground structures. Covered underground structures may project without limit into any required yard provided that they shall not have a height of more than 2½ feet and their surfaces shall be landscaped. ('63 Code, § 10-5.2926) (Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or the mean height between eaves and ridges for a hip, gable or gambrel roof. The height of a fence or a wall used as a fence shall be measured from the higher finished grade adjoining the fence or wall.

(B) Exceptions. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, transmission towers for wired telecommunications, fire towers, and similar structures and necessary mechanical appurtenances covering not more than 10% of the ground area covered by the structure may be erected to a height of not more than 100 feet or not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less. The height of wireless telecommunication facilities shall be regulated by Chapter 159.

(C) Airport zoning regulations. All structures shall be subject to the height limitations imposed by Chapter 151 of this title. ('63 Code, § 10-5.2927) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90; Am. Ord. 757-C.S., passed 10-19-10)

(A) In an R District, accessory structures may be located in a required rear yard or a required interior side yard within 35 feet of the rear lot line, provided that the distances to lot lines shall not be less than prescribed in the zoning schedule set forth in § 155.025 of this title and provided that in the aggregate no more than 500 square feet or 10% of the area of the required rear yards, whichever is greater, shall be covered by structures, except as provided in division (D) of this section. Accessory structures located in required side or rear yards shall not be closer to a main structure or another accessory structure than the distances prescribed in the City Building Code and as provided in division (D) of this section.

(B) An accessory structure located not closer to a property line than the distance required for a main structure on the same site may join the main structure.

(C) On a reversed corner lot, an accessory structure shall not be located closer to the rear lot line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot.

(D) On a site with a required rear yard adjoining an alley, accessory structures shall be not less than 15 feet from the center line of the alley, and accessory structures containing no habitable rooms may adjoin a main structure. In an RM or OR District, accessory structures containing no habitable rooms may cover not more than 60% of a required rear yard adjoining an alley. ('63 Code, § 10-5.2928) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90)

(A) Group or private usable open space shall be provided for each dwelling unit in the RM, OR, CN, CS, and CW Districts as prescribed in the zoning schedule set forth in § 155.025 of this title. Each square foot of private usable open space shall be considered equivalent of two square feet of group usable open space and may be so substituted. All required usable open space shall be planted area, or shall have a dust free surface, or shall be water surface, provided that not less than 10% of the required group usable open space at ground level shall be landscaped with trees and other plant materials suitable for ornamentation. No required usable open space shall be located in a parking area, driveway, service area, or required front yard or have a slope greater than 10%.

(B) Group usable open space shall have a minimum area of 300 square feet, and a square inscribed within it shall have a minimum dimension of 15 feet. Required space may be located on the roof of an attached garage or carport, but not more than 20% of the required space shall be located on the roof of a building containing habitable rooms.

(C) Private usable open space located at ground level shall have a minimum area of 150 square feet, and a square inscribed within it shall have a minimum dimension of 10 square feet, and a square inscribed within it shall have a minimum dimension of five feet. Private usable open space shall be adjacent to, and not more than four feet above or below, the floor level of the dwelling unit served. Not more than 50% of ground level space may be covered by an overhang, balcony, or patio roof. Aboveground level space shall have at least one exterior side open above the railing height.

(D) Usable open space shall be permanently maintained by the owner in a neat and orderly condition.

('63 Code, § 10-5.2929) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90) Penalty, see § 150.999

(A) Screening of parking and loading facilities adjoining or opposite an R District. In any district, any proposed open parking facility for more than five cars or a loading area on a site adjoining or directly opposite across a street or alley from an R District shall be screened, except for necessary drives and walks, and provided that where an alley is used for maneuvering, no screening shall be required. Screening shall be six feet in height, except that screening to protect properties across a street or alley may be not less than four feet in height.

(B) Screening of uses adjoining RS Districts. In any district where the site of a proposed use other than a one-family dwelling or a duplex adjoins an RS District, screening six feet in height shall be located adjoining the property line. Where the site of a use other than a dwelling adjoins an RS District, an area 10 feet in depth adjoining the property line shall be landscaped with plant materials, including a buffer of trees.

(C) Screening of open uses. In a C or M District directly opposite across a street or alley from an R District and in a CS or M District adjoining or directly opposite across a street or alley from an OR, CN, or CW District, screening of a height specified by the Director of Community Development shall screen a proposed use not conducted within a completely enclosed structure, other than a parking facility, a service station, or a drive-in, unless the Director of Community Development determines that topographic or other conditions make screening unnecessary or ineffective for the protection of the opposite district or unless the Planning Commission finds that the characteristics of the proposed use make screening unnecessary or ineffective for protection of the opposite district from adverse impact.

(D) Landscaping of parking facilities. In an OR, ML, RM, and all C Districts, not less than 4% of the interior of a proposed parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the proposed parking area. Incentives described in § 156.040(K) of this title are provided to encourage interior landscaping beyond the required 4%. These requirements shall apply to all proposed parking facilities with 5 or more spaces, and to existing parking lots when land use changes occur due to zoning reclassification or other discretionary land use permit. These requirements shall not apply to ministerial projects associated with existing parking lots. In addition, a perimeter landscaped area not less than four feet in depth shall be located at the property lines adjoining the street frontages of the site except for necessary drives and walks. At least one 15 gallon tree shall be planted for every 5 required off-street parking spaces. Trees may be planted within the perimeter and/or interior landscaping areas.

ciated with existing parking lots. In addition, a perimeter landscaped area not less than four feet in depth shall be located at the property lines adjoining the street frontages of the site except for necessary drives and walks. At least one 15 gallon tree shall be planted for every 5 required off-street parking spaces. Trees may be planted within the perimeter and/or interior landscaping areas.

(E) Landscaping of trailer parks. Where a proposed trailer park adjoins a street, an area 20 feet in depth, except for necessary drives and walks, shall be landscaped with materials suitable for ensuring privacy and ornamenting the site.

(F) Landscaping in OR Districts. In an OR District, a portion of the site visible from a street and comprising not less than 3% of the site area or gross floor area, whichever is greater, shall be landscaped with plant materials suitable for ornamenting the site. The landscaped area provided for an expansion of a use in an OR District shall be in addition to landscaped area existing prior to the expansion unless the pre-existing area exceeds the required minimum, in which instance it shall be counted in calculating the total area required. Landscaping required by § 156.040(D) of this title shall be counted in calculating the total area required.

(G) Screening and landscaping materials and maintenance. Screening shall consist of a solid wall or fence, vine-covered fence, or compact evergreen hedge. Hedge materials used as screening shall be not less than three feet in height when planted, and shall not be permitted to exceed the maximum specified height by more than 1½ feet. Where buffers of trees are required, they shall have a mature height of not more than 40 feet and shall be planted not more than 20 feet apart. All screening and landscaping shall be permanently maintained in a neat and orderly condition by the owner. Plant materials shall be watered, weeded, pruned and replaced as necessary to screen or ornament the site.

(H) Landscaping and vegetative ground coverage. Vegetative matter shall cover 75% of the landscaped area required by this title. Limited use of materials such as crushed rock, pebbles and stone is acceptable; however, the use of such materials shall not exceed 25% of the total amount of the landscaped area.

(I) Trees near overhead power lines. All trees reaching a height of greater than 20 feet at maturity shall not be planted within 10 feet (measured horizontally) of overhead power lines.

(J) ISA Standards for professional landscapers. All professional landscapers shall comply with the ISA (International Society of Arboriculture) pruning and trimming standards. Where pruning to ISA standards is impractical, the work shall be performed to minimize tree damage and visualize impact, or the tree shall be removed. Copies of the ISA standards shall be readily available at the Community Development Department.

ofessional landscapers._ All professional landscapers shall comply with the ISA (International Society of Arboriculture) pruning and trimming standards. Where pruning to ISA standards is impractical, the work shall be performed to minimize tree damage and visualize impact, or the tree shall be removed. Copies of the ISA standards shall be readily available at the Community Development Department.

(K) Incentives and density bonuses. For projects in Commercial and Residential Multiple Family Districts which provide at least 51% interior landscaping in parking facilities, and install greater than the minimum plant and tree quantities, and provide protection for existing trees on lots during construction activities (as applicable), the following incentives shall apply:

• (1) Commercial Districts. For Commercial parking lots with at least 30 required parking spaces, the required parking may be reduced by 1 space. One additional parking space may be reduced for each subsequent 10 required spaces.

(2) Residential Multiple Family (RM) District. To compensate Residential Multiple Family property owners for providing additional landscaping, a maximum density bonus of 10% will be allowed for parking lots which provide at least 5% interior landscaping and install greater than the minimum plant and/or tree quantities.

• (3) For any Commercial or Residential Multiple Family project which requires a parking variance to meet the incentives, the applicable variance fee shall be waived.

• (L) Proposed Landscape Site Plan Requirements. When landscaping is required pursuant to this title, Landscape Site Plans shall be submitted to the Design Review Committee for approval. Landscape Site Plans shall be prepared by applicants, and shall

not require the services of a licensed landscape architect. Each required Landscape Site Plan shall contain the following:

• (1) All existing structures and trees.

• (2) All proposed trees and plants, drawn to scale, showing estimated size at maturity. All proposed tree removals should also be indicated.

• (3) The total square footage of all landscaped areas (existing and proposed).

• (4) A legend showing common names of all proposed trees and plants, and their gallon sizes as planted.

• (5) Location of all utilities corridors and easements below and above ground.

• (M) Site obstruction regulations. All fencing, landscaping, shrubs and trees shall meet height and distance visibility

requirements of the City of Eureka Site Obstructions Regulations. These standards provide sight visibility guidelines for street corners, driveway openings and alley intersections, and address the safety of pedestrians, bicyclists and vehicles.

• (N) General requirements. The following general requirements should be considered when incorporating landscaping into development projects:

• (1) All landscaping required pursuant to this title should consider the aesthetic qualities of existing terrain and landscaping to assure compatibility with existing trees and significant plant material, and to conserve top soil.

• (2) All proposed planting material should be selected for suitability to the climate of Eureka.

• (3) All vegetative matter should be planted and maintained in accordance with the Eureka Street Tree Management Plan and Design Guidelines Manual (available at the Community Development Department).

• ('63 Code, § 10-5.2930) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 627-C.S., passed 9-1-98) Penalty, see § 150.999

• (A) Purpose and Intent. In addition to the objectives prescribed in § 156.002 of this chapter, this section is added to achieve the following purposes:

• (1) To provide for the placement of emergency shelters within the city;

• (2) To address the special needs and characteristics of emergency shelters;

• (3) To insure housing provided by emergency shelters will meet building, health, safety and access standards;

• (4) To provide sufficient open space, parking and circulation to meet the needs of the emergency shelter;

• (5) To provide compatibility with other uses allowed within the zoning districts in which emergency shelters are located; and

• (6) To provide a safe environment for emergency shelter residents.

• (B) Shelter Permit Required. In accordance with the provisions of this section, a shelter permit application shall be approved by the City Council, and obtained prior to occupation of any qualified site by an emergency shelter, and prior to approval of either a building permit or a change of occupancy permit, if required.

• (C) Shelter Permit Application Requirements.

• (1) Application forms. Applications for shelter permits shall be filed with the Community Development Director, and shall be

• on forms supplied by the Department for shelter permits. Applications shall include the following information:

• (a) Name and address of the applicant;

(b) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the emergency shelter is proposed to be located;

• (c) Address and assessor's parcel number of the property; and

• (d) Statement indicating the precise manner of compliance with each of the applicable provisions of the section and chapter.

• (2) Maps. The application shall be accompanied by the following plans and drawings:

• (a) A scaled site plan showing the existing and projected uses on the site, and including the existing uses on parcels surrounding the site for at least 300 feet;

• (b) An accurate, scaled set of elevations and floor plans for the building which show how the building will meet required building standards; and

• (c) Information detailing how the emergency shelter will meet the required site standards.

(3) Fees. The application shall be accompanied by a Conditional Use Permit fee established by resolution of the council to cover the cost of handling the application as prescribed in this section.

(D) Investigations and Reports. The Community Development Director shall make an investigation of the application, and shall prepare a report thereon which shall be submitted to the City Council.

(E) City Council Public Meeting. The City Council shall hold at least one public meeting. Unless otherwise directed by the Council, the City Clerk shall set the time and place of the meeting. Notice of the public meeting shall be given as prescribed in this chapter, when applicable, and shall also be given to the applicant.

(F) City Council Public Meeting Procedure. At the public meeting, the City Council shall review the application and the report provided by the Community Development Director regarding the application. Within 15 days of the close of the public meeting, the Council shall make a specific finding as to whether the emergency shelter will meet the standards outlined in §§ 155.040 (N) and (O) of this chapter.

(G) Action of the City Council. The City Council shall act within 15 days after the close of the public meeting. The City Council must approve the shelter permit if a finding is made that the shelter meets the standards listed in § 155.040 of this chapter. The City Council must deny the shelter permit if a finding is made that the shelter does not meet the standards listed in § 155.040 of this chapter. Within five days of the final action of the City Council, the City Clerk shall provide a written notice of the action to the applicant.

(H) Effective Date of Shelter Permits. A shelter permit will become effective ten days following the date on which the City Council approved the permit.

(I) Lapse of Shelter Permits. A shelter permit shall lapse and become void one year from the date on which the shelter permit becomes effective unless, prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the shelter permit application, or a certificate of occupancy is issued for the structure which was the subject of the shelter permit application, or the site is occupied if neither a building permit or change of occupancy was required.

(J) Renewal of Lapsed Shelter Permits. A lapsed shelter permit may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the shelter permit or the renewal becomes effective, an application for the renewal is filed with the Community Development Department. The City Council may grant or deny an application for the renewal of the lapsed shelter permit. Divisions 155.040 (B) through (G) of this chapter shall apply to an application for the renewal of a lapsed shelter permit.

(K) Modification of Shelter Permit. All standards contained in § 155.040 of this chapter shall apply to an application for modification, expansion or other change to an approved shelter permit.

(L) Suspension and Revocation. Upon a violation of any applicable provision of this section, or of the conditions of the shelter permit, the shelter permit shall be suspended automatically. The City Council shall hold a public hearing within 45 days of such suspension, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the shelter permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

ns of the shelter permit, the shelter permit shall be suspended automatically. The City Council shall hold a public hearing within 45 days of such suspension, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the shelter permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

(M) Compliance with Development Standards. All emergency shelters located within the city shall comply with the development standards contained within this section. The application of the development standards shall occur at the time of issuance of a shelter permit approved by the City Council.

(N) Site Development Standards.

(1) Parcels selected for the placement of emergency shelters shall meet minimum parcel sizes for the zoning district in which they are located. Parcels must be available for use without the issuance of a variance.

(2) Buildings used as emergency shelter sites shall meet all handicapped access, health, safety, building and fire standards. Non-conforming buildings shall not be used for emergency shelters. Prior to occupancy, a Change of Occupancy permit, which indicates the building has met the required building standards, must be approved by the City Building Official. The Building Official shall determine the number of residents allowed to occupy the building. The Building Official shall also make the determination of ccupant loading using the Uniform Building Code, as adopted by the city.

(3) Buildings used as emergency shelter sites shall provide housing accommodations and needed support services to homeless persons on a day to day basis, with a duration of residency not to exceed six months. Emergency shelters are intended to provide interim, temporary housing to residents for whom other housing options are not readily available or affordable, and are not intended to provide long term housing needs.

(4) A minimum of one parking space for every eight residents, plus an additional one parking space for each two employees on a shift at the site, shall be provided on-site. All parking provided shall meet the standards for access, parking, loading, and landscaping provided in this chapter.

(5) Exterior security lighting shall be provided at all access points to the building and within all parking areas. Lighting shall be placed so as to light the interior of the parking areas, and shall be placed so as to not create glare or impact adjoining parcels.

(6) Signs placed on-site shall meet all requirements of this chapter. Sign standards shall be applied according to the zoning district in which the shelter site is located.

(7) No emergency shelter shall be placed within 1000 feet of any school or other emergency shelter.

(8) Any preparation, storage, or serving of food on the premises shall comply with the requirements for such use as required by the Humboldt County Public Health Department.

(9) Child-care provided on-site shall meet the standards required by the State of California for day care facilities.

(10) Open Space shall be provided on-site at a ratio of five square feet per resident. The number of residents shall be as determined by the City Building Official. The parking provided for the site, or any paved area, shall not count as required open space. Open space provided shall meet all other standards as required for other residential uses as described in § 155.035 of this chapter.

(11) Storage areas, including garbage and recycling areas located exterior to the building, shall be screened with a six foot opaque barrier acceptable to the city.

(12) Emergency shelters shall be located within 1000 feet of a bus line with pedestrian access available to the bus stop.

(O) Shelter Operation.

(1) Shelter operators shall either be a government agency, or a private for non-profit, or a non-profit organization which can demonstrate the ability to meet the standards required for shelter operation.

(2) Methods of demonstrating this ability shall include but not be limited to demonstrating past experience in operating the type of shelter proposed, oversight by another organization with past experience in operating the same type of shelter proposed, or the ability to obtain or otherwise meet the State requirements for operators of facilities for mentally disordered, handicapped persons, alcoholism or drug abuse facilities or for health/community care facilities.

(3) A minimum of one paid employee for every 30 shelter residents must be on-site during the hours of operation of the shelter.

(4) Shelter operators shall provide a program which details the supervision of shelter residents. The program shall include a means by which the surrounding neighborhood will be kept free from garbage, unattended or inoperable vehicles or other surplus items left by shelter residents. All such items left on-site at the shelter shall be screened as approved by the city.

(5) Shelter operators shall insure that the County Mental Health and Public Health Departments shall have access to the shelter site to provide direct services to the shelter residents.

(6) Support services which maintain separate offices at the shelter site shall meet the parking standards for their particular use as required by this chapter. Support services which share office space with shelter office space will be counted with that space for the purpose of determining parking requirements.

(7) Shelter operators shall provide a program acceptable to the Eureka Police Department which addresses the need for the coordination of police services to the site and the surrounding neighborhood. The program submitted shall address the need for private security personnel supplied by the shelter operators.

(8) Shelter operations shall comply with the ambient noise levels established at the shelter site.

(P) Emergency Shelter in Permitted Zones. Emergency shelters shall be allowed within the Service Commercial Zoning District

(CS), the Light Industrial Zoning District (ML), and the General Industrial Zoning District (MG) with the issuance of a shelter permit as prescribed in this section. Emergency shelters located outside of the Coastal Zone shall comply with Chapter 155. (Ord. 631-C.S., passed 9-7-99)

COASTAL ZONE DEVELOPMENT STANDARDS

The following development standards shall apply to all development proposed within the coastal zone. ('63 Code, § 10-5.2940) (Ord. 417-C.S., passed 12-6-84)

(A) Access protection and enhancement. The city, through the non-profit organization created by Implementing Action 3 of Chapter 3 of the Local Coastal Program Land Use Plan, shall protect and enhance the public's right of access to and along the shoreline by:

(1) Utilizing the non-profit organization to accept offers of dedication that will increase opportunities for public access and recreation consistent with the Local Coastal Program and the availability of necessary non-profit organization staff and funding to improve and maintain accessways and assume liability for them;

(2) Actively seeking other public, community non-profit, or private agencies to accept offers of dedications and having them assume liability and maintenance responsibilities; and

(3) Allowing only such development as will not interfere with the public's right of access to the sea, where such right was acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches or shoreline to the first line of terrestrial vegetation.

(B) Vertical access easement. For new development between the first public road and the sea, a vertical access easement to the mean high tide line shall be granted unless:

(1) Another more suitable public access corridor is available or proposed by the Local Coastal Program within 500 feet of the site;

(2) Access at the site would be inconsistent with other Local Coastal Program policies, including existing, expanded, or new coastal dependent industry, agricultural operations, or the protection of fragile coastal resources; or,

(3) Access at the site is inconsistent with public safety or military security needs. Consistent with Coastal Act Section 30212(b), the term “new development” does not include replacement of any structure pursuant to Section 30610(g); the demolition and reconstruction of any single-family residence, provided it is sited in the same location and does not exceed the former structure by more than 10% in floor area, height, or bulk; improvements to any structure which do not change its intensity of use, nor increase its height, bulk, or floor area by more than 10%, do not block or impede public access, and which do not result in a seaward encroachment by the structure; and any repair or maintenance activity for which the Coastal Commission has determined, pursuant to Coastal Act Section 30610, that a coastal development permit will be required unless the Commission determines or has determined that such activity will have an adverse impact on lateral public access along the beach.

(C) Lateral access easement. For new development between the first public road and the sea, a lateral access easement along the shoreline shall be required unless:

(1) Lateral access at the site would be inconsistent with other Local Coastal Program policies, including existing, expanded, or new coastal dependent industry, agricultural operations, or the protection of fragile natural resources; or,

(2) Access is inconsistent with public safety or military security needs. The term “new development” shall be defined for purposes of this section in the same manner as it is defined in Local Coastal Program Policy 3.2 of the Local Coastal Program Land Use Plan.

(D) Access standards.

(1) The access standards and recommendations contained in the State Coastal Conservancy/Coastal Commission “Report on Coastal Access” (Revised, August, 1980) shall constitute the criteria for improvement, maintenance, and management of

accessways and supporting facilities proposed in the Local Coastal Program.

• (2) Measures for guaranteeing public access.

(a) Legal instruments required. Prior to issuance of a coastal development permit where a public accessway is required in this Local Coastal Program, each applicant shall record one of the following legal documents as specified in the conditions of approval:

1. Irrevocable offer of dedication. The applicant shall submit a preliminary title report and record an irrevocable offer to dedicate the access easement or the fee interest in the accessway, as described in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21 years by the nonprofit agency set forth in Implementation Action 3 of Chapter 3 of the Land Use Plan, or another appropriate agency. Until this offer is accepted or until the landowner allows, the public has no right to use the accessway.

2. Outright grant of fee interest or easement. If the project if important in and of itself for public access needs, the size and scope of the proposed development is such that an out-right interest is appropriate, or there is an accepting agency available to accept the easement, as in subdivision map approvals, a grant of an easement or fee interest can be required prior to issuance of the permit. Until such a grant is accepted by the nonprofit agency set forth in Implementation Action 3 of Chapter 3 of the Land Use Plan, any other public agency or private nonprofit organization which agrees to accept the grant, or until the land-owner allows, the public has no right to use the accessway.

(b) Required information. As a condition of the issuance of a permit, title information and all necessary subordination agreements shall be required. Title insurance may also be required when extensive easements are being granted. The amount of the title insurance shall be estimated on the basis of what it would cost to acquire an equivalent area for recreational use elsewhere in the vicinity.

(c) Procedures.

1. Copies of the documents to be recorded by the applicant, (for example, title report and permit) shall be forwarded to the City Attorney for review prior to recordation.

2. The City Attorney and the accepting agency may make minor revisions to the documents, such as corrections in the legal description and minor revisions to the location and use of the accessways in order to open them for public use and to assure that the public right of access along dry sandy beaches, blufftop parcels, or vertical accessways is protected and capable of being implemented.

(E) Public access support facilities. As indicated in the policies of Chapter 3 of the Local Coastal Program Land Use Plan and the Local Coastal Program access maps in Chapter 15 of the Land Use Plan, public access support facilities shall be distributed throughout the city coastal zone. Off-street parking shall be provided in the waterfront area; however, it shall not be located immediately adjacent to the shoreline, unless there is no feasible alternative.

(F) Access for handicapped. Public access to the waterfront, including support facilities, shall, to the maximum extent feasible, provide for access by handicapped persons.

('63 Code, § 10-5.2941) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

(A) Mitigation. Channelizations or other substantial alterations that could significantly disrupt the habitat values of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to necessary water supply projects, flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or developments where the primary function is the improvement of fish and wildlife habitat.

(B) Permitted shoreline construction. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible.

(C) Environmentally sensitive habitat areas.

(1) Environmentally sensitive habitat areas within the city's coastal zone shall include:

(a) Rivers, creeks, sloughs, gulches and associated riparian habitats, including Eureka Slough, Fay Slough, Cut-Off Slough, Freshwater Slough, Cooper Slough, Second Sloughs, Third Slough, and Elk River.

(b) Wetlands and estuaries, including that portion of Humboldt Bay within the city's jurisdiction, riparian areas, and vegetated dunes.

(c) Indian Island, Daby Island, and Woodley Island wildlife area.

(d) Other habitat areas, such as rookeries, and rare or endangered species on state or federal lists.

• (e) Grazed or farmed wetlands.

(2) These areas are generally portrayed on the resources maps, where they are designated as wetlands or other natural resources.

(D) Protection of environmentally sensitive habitat areas. Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources, including restoration and enhancement projects, shall be allowed within such areas. Development in areas adjacent to environmentally sensitive habitat areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.

nificant disruption of habitat values, and only uses dependent on such resources, including restoration and enhancement projects, shall be allowed within such areas. Development in areas adjacent to environmentally sensitive habitat areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.

(E) Development in or near natural resource areas. Prior to the approval of a development permit, all developments on lots or parcels shown on the land use plan and/or resource maps with a natural resource designation or within 250 feet of such designation, or development affecting an environmentally sensitive habitat area, shall be found to be in conformity with the applicable habitat protection policies of the Local Coastal Program. All development plans and grading plans shall show the precise location of the habitat(s) potentially affected by the proposed project and the manner in which they will be protected, enhanced, or restored. Projects which could adversely impact an environmentally sensitive habitat area may be subject to a site inspection by a qualified biologist to be selected jointly by the city and the applicant. Where mitigation, restoration, or enhancement activities are required to be performed pursuant to other applicable portions of this Local Coastal Program, they shall be required to be performed on city-owned lands on the Elk River Spit or on other available and suitable mitigation, restoration, or enhancement sites.

(F) Diking, filling, or dredging. The diking, filling or dredging of open coastal waters, wetlands, or estuaries shall be permitted only where all of the following exist:

(1) The diking, filling or dredging is for a permitted use in that resource area as provided in Land Use Plan Policies 5.12 through 5.16;

(2) There is no feasible, less environmentally damaging alternative;

(3) Feasible mitigation measures have been provided to minimize adverse environmental effects, consistent with Land Use Plan Policy 5.10; and,

(4) The functional capacity of the resources area is maintained or enhanced, consistent with Land Use Plan Policy 5.10.

(G) Dredging and spoils disposal. Dredging and spoils disposal shall be carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

(H) Wetland or estuary development.

(1) Diking, filling or dredging of a wetland or estuary shall maintain or enhance its functional capacity.

(2) Functional capacity, the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. In order to establish that the functional capacity is being maintained, all of the following must be demonstrated:

(a) That presently occurring plant and animal populations in the ecosystem will not be altered in a manner that would impair the long-term stability of the ecosystem, such as, natural species diversity, abundance and composition are essentially unchanged as a result of the project;

(b) That a species that is rare or endangered will not be significantly adversely affected;

(c) That a species or habitat essential to the natural biological functioning of the wetland or estuary will not be significantly adversely affected;

(d) That consumptive (such as, fishing, aquaculture and hunting) or nonconsumptive (such as, water quality and research opportunity) values of the wetland or estuaries ecosystem will not be significantly reduced.

(I) Conditions.

(1) Dredging, when consistent with these provisions and where necessary for the maintenance of the tidal flow and continued viability of the wetland habitat or for flood control purposes, shall be subject to the following conditions:

• (a) Dredging shall be prohibited in breeding and nursery areas and during periods of fish migration and spawning.

• (b) Dredging shall be limited to the smallest area feasible.

(c) Designs for dredging and excavation projects shall include protective measures such as silt curtains, weirs, and the like, to protect water quality in adjacent areas during construction by preventing the discharge of refuse, petroleum spills, and unnecessary dispersal of silt materials.

(2) Diking or filling of a wetland shall at a minimum, require the following mitigation, restoration, or enhancement measures:

(a) A detailed restoration or enhancement plan shall be required for each specific restoration or enhancement site prior to commencement of any development that is permitted as part of such a restoration or enhancement project. The restoration or enhancement plans shall include provisions for purchase, if required, and restoration or enhancement, as determined in consultation with the Department of Fish and Game, Coastal Commission, and Coastal Conservancy, of an equivalent area of equal or greater productivity, and dedication of the land to a public agency or other method which permanently restricts the use of the site to habitat and open space purposes. The restoration or enhancement site shall be purchased or otherwise made available prior to any diking or filling activity.

(b) Equivalent areas shall be opened to tidal action or other sources of surface water shall be provided. This provision applies to diked or filled areas which themselves are not environmentally sensitive habitat areas, but would become so if they were opened to tidal action or provided with other sources of surface water. All of the provisions for restoration, purchase (if necessary), and dedication contained in subsection (a) of this division, shall apply to any program or activity performed pursuant to this section.

(c) Mitigation or restoration activities shall, to the maximum extent feasible, be of the same type as the wetland to be filled (such as, freshwater marsh for freshwater marsh, saltwater marsh for saltwater marsh, and the like).

(d) An applicant who is required to participate in a restoration or mitigation program may avail himself or herself of restoration or enhancement sites on city-owned lands on the Elk River Spit, consistent with all other applicable policies of Land Use Plan Chapter 5 and this chapter, and at a cost not to exceed $0.25 for each square foot of affected marsh or other wetland.

(e) For permissible wetland restoration projects identified in Land Use Plan Policy 5.12(b), any coastal development permit issued for one or a combination of projects shall be part of one or more wetland restoration programs consistent with all other applicable provisions of this Local Coastal Program. Such wetlands restoration or enhancement program(s) shall be prepared and implemented in consultation with the Department of Fish and Game, Coastal Commission, and Coastal Conservancy. Preparation of the program(s) shall occur prior to commencement of any development governed by this subdivision; however, implementation of the program(s) may occur concurrently with or subsequently to any approved development. If an in-lieu fee is required to be paid by the applicant, it shall not exceed $0.25 for each square foot of affected marsh of other wetland, except as provided in permit CP-10-80. For the area south of Hilfiker Lane identified in LUP Policy 5.12(b), the restoration program may, at any one time, include one or more of the affected properties, provided that when an application for development pursuant to this subdivision is made, the affected property shall participate in the wetlands restoration program.

(J) Permitted development and uses in non-farmed wetlands and estuaries. Permitted development or uses within nonfarmed wetlands and estuaries shall be limited to the following:

• (1) Port facilities.

• (2) Energy facility.

• (3) Coastal development industrial facilities including commercial fishing facilities.

• (4) Maintenance of existing or restoration of previously dredged depths in navigation channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.

• (5) Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.

• (6) Restoration projects.

• (7) Nature study, aquaculture, or similar resource-dependent activities.

• (8) New or expanded boating facilities in estuaries.

• (9) Placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

• (K) Permitted uses in open coastal waters. Permitted uses within open coastal waters shall be limited to the following:

• (1) Port facilities.

• (2) Energy facilities.

• (3) Coastal-dependent industrial facilities, including commercial fishing facilities.

• (4) Maintenance of existing or restoration of previously dredged depths in navigation channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.

• (5) Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.

• (6) Restoration projects.

• (7) Nature study, aquaculture, or similar resource-dependent activities.

• (8) New or expanded boating facilities.

• (9) Sand or gravel mineral extraction in portions of open coastal waters that are not environmentally sensitive habitat areas.

• (10) Placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

• (L) Permitted uses involving alterations of streams and rivers. Permitted uses that involve substantial alterations of streams and rivers shall incorporate the best mitigation measures feasible and shall be limited to the following:

• (1) Necessary water supply projects.

• (2) Flood control projects where no other method of protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development.

• (3) Development where the primary function is the improvement of fish and wildlife habitat.

• (M) Permitted uses and development in grazed or farmed wetlands. Permitted uses and development in grazed or farmed wetlands shall be limited to the following:

(1) Agricultural operations limited to apiaries, field and truck crops, livestock raising, greenhouses (provided they are not located on slab foundations and crops are grown in the existing soils on site), and orchards.

(2) Farm-related structures (including barns, sheds, and farmer-occupied housing) necessary for the performance of agricultural operations. Such structures may be located on an existing farmed wetland parcel only if no alternative upland location is available for such purpose and the structures are sited and designed to minimize adverse environmental effects on the farmed wetland. No more than one permanent residential structure per parcel shall be allowed.

• (3) Restoration projects.

• (4) Nature study, aquaculture, and similar resource dependent activities.

• (5) Incidental public service purposes which may temporarily impact the resources of the area, such as burying cable and pipes.

• (N) Fill for repair and maintenance. New fill for repair and maintenance purposes may be permitted on lands adjacent to the northern waterfront provided that is consistent with other LUP policies and where:

• (1) The fill will be placed in previously filled areas which have been subject to erosion;

• (2) The fill will be placed beyond the existing bulkhead line;

• (3) The fill is necessary to protect existing development from erosion;

• (4) The fill will not interfere with commercial fishing activities and facilities; and

• (5) Placement of the fill is consistent with the public access policies of the Local Coastal Program in that public access will not be adversely affected, or public access has been provided.

(O) Buffers. A buffer shall be established for permitted development adjacent to all environmentally sensitive areas. The width of a buffer shall be 100 feet, unless the applicant for the development demonstrates on the basis of information, the type and size of the proposed development, and/or proposed mitigation (such as planting of vegetation) that will achieve the purposes of the buffer, that a smaller buffer will protect the resources of the habitat area. For a wetland, the buffer should be measured from the landward edge of the wetland. For a stream or river, the buffer should be measured landward from the landward edge of riparian vegetation or from the top edge of the bank (such as, in channelized streams). Maps and supplemental information submitted as part of the application should be used to specifically determine these boundaries.

• (P) Barriers. To protect wetlands against physical intrusion, wetland buffer areas shall incorporate attractively designed and strategically located barriers and informational signs.

• (Q) Uses adjacent to gulches. All coastal zone land use activities adjacent to gulches shall be carried out in a manner which avoids vegetative removal below the break in slope, (usually those areas with a slope of 20% or greater) and which does not alter

natural landforms and drainage patterns.

• (R) Disagreement over boundary.

(1) Where there is a disagreement over the boundary, location, or current status of an environmentally sensitive area identified in Local Coastal Program, Policy 5.5 or which is designated on the resources maps, the applicant shall be required to provide the city with:

(a) A base map delineating topographic lines, adjacent roads, location of dikes, levees, or flood control channels and tide gates, as applicable;

(b) A vegetation map, including species that may indicate the existence or non-existence of the sensitive environmental habitat area;

(c) A soils map delineating hydric and non-hydric soils; and,

(d) A census of animal species that may indicate the existence or non-existence of the sensitive environmental habitat area.

(2) The city shall transmit the information provided by the applicant to the Department of Fish and Game for review and comment. Any comments and recommendations provided by the Department shall be immediately sent to the applicant for his or her response. The city shall make its decision concerning the boundary, location, or current status of the environmentally sensitive habitat area in question based on the substantial evidence in the record and shall adopt findings to support its actions. ('63 Code, § 10-5.2942) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

• (A) Development. Development in the city's coastal zone shall:

(1) Minimize risks to life and property in areas of high geologic and flood hazard;

• (2) Assure stability and structural integrity;

(3) Neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area.

(B) High density development in flood hazard areas. High density residential and other high occupancy development, including new hospitals, schools, residential development with a gross density of eight units per acre or more, office buildings 10,000 square feet in size or larger, or visitor-serving structural developments 5,000 square feet in size or larger, shall not be located in flood hazard areas, as designated on the Federal Emergency Management Agency Flood Insurance Rate Maps, dated June 1, 1982, unless they are constructed with a finished foundation that extends above the 100-year flood level and meet all applicable drainage requirement of the Local Coastal Program. Other development in flood hazard areas shall incorporate mitigation measures that minimize the potential for flood damage, including development siting and use of flood proofing techniques and materials, consistent with other land use plan policies.

(C) Elk River, Humboldt Bay, Eureka Slough. Development on or near the shoreline of Elk River, Humboldt Bay, and Eureka Slough shall neither contribute significantly to, nor be subject to, high risk of damage from shoreline erosion over the life span of the development. The city shall establish a benefit assessment district for all property adjoining and protected from flooding by the Jacobs Avenue dike. A repair and maintenance program shall be developed and implemented, consistent with Policy 5.8 and Policy 5.14.

(D) Development in areas of liquefaction. For all high density residential and other high occupancy development, as defined in Policy 7.2, located in areas of significant liquefaction potential, the city shall, at the time of project application, require a geology and soils report which conforms to the following requirements:

(1) The report shall be prepared by a registered geologist, professional civil engineer with expertise in soil mechanics or foundation engineering, or by a certified engineering geologist, and shall consider, describe, and analyze the following:

(a) Geologic conditions, including soil, sediment, and rock types and characteristics in addition to structural features, such as bedding, joint and faults;

(b) Evidence of past or potential liquefaction conditions, and the implications of such conditions for the proposed development;

(c) Potential effects of seismic forces resulting from a maximum credible earthquake;

(d) Any other factors that might affect the development.

(2) The report shall also detail mitigation measures for any potential impacts and outline alternative solutions. The report shall express a professional opinion as to whether the project can be designed so that it will neither be subject to nor contribute to

significant geologic instability throughout the life-span of the project. The report shall use a currently acceptable engineering stability analysis method and describe the degree of uncertainty of analytical results due to assumptions and unknowns.

(E) Cliffs, bluff tops, gulch faces. Alteration of cliffs, bluff tops, and gulch faces or bases by excavation or other means shall be prohibited except to protect existing structures. Permitted development shall not require the construction of protective devices that would substantially alter natural landforms.

• (F) Shoreline erosion areas. For all development proposed within areas subject to significant shoreline erosion, the city shall, prior to project approval, require a geology and soils report which conforms to the following requirements:

• (1) The report shall be prepared by a registered geologist, professional civil engineer with expertise in soil mechanics of foundation engineering, or by a certified engineering geologist, and shall consider, describe and analyze the following:

(a) Site topography, extending the surveying work beyond the site as needed to depict unusual conditions that might affect the site;

(b) Historic, current and foreseeable shoreline erosion, including investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs where available and possible changes in shore configuration and sand transport;

• (c) Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features, such as bedding, joint and faults;

• (d) Impact of construction activity on the stability of the site and adjacent area;

• (e) Potential for erosion of site and mitigating measures to be used to ensure minimized erosion problems during and after construction;

• (f) Effects of marine erosion on shoreline areas;

• (g) Potential effects of seismic forces resulting from a maximum credible earthquake; and,

• (h) Any other factors that might affect slope stability.

(2) The report shall evaluate the off-site impacts of development and the additional impacts that might occur due to the proposed development. The report shall also detail mitigation measures for any potential impacts and outline alternative solutions. The report shall express a professional opinion as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the lifespan of the project. The report shall use a currently acceptable engineering stability analysis method and describe the degree of uncertainty of analytical results due to assumptions and unknowns.

('63 Code, § 10-5.2943) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

• (A) Scenic coastal areas.

• (1) The following shall be considered scenic coastal areas of public importance:

• (a) Woodley Island, Daby Island, Indian Island;

• (b) Eureka Slough Wildlife refuge, Second Slough, and Third Street Slough, including adjacent wetland and riparian areas;

• (c) The lands northerly of Jacobs Avenue, including Murray Field and lands northeast of Murray Field.

(2) New off-site advertising signs or billboards (such as those signs or billboards that stand apart from other structures on the site and that advertise uses, merchandise, or other commodities which are available solely in locations other than the site on which the sign or billboard stands) shall be prohibited in these scenic coastal areas.

• (B) Conditions of development near scenic areas. Permitted development within scenic coastal areas, where otherwise consistent with the policies of this Local Coastal Program, or except where designated within a MG District, shall:

• (1) Minimize the alteration of natural landforms;

• (2) Be visually compatible with the character of the surrounding area;

• (3) Be sited and designed to protect views to and along the ocean and scenic coastal areas;

• (4) Wherever feasible, restore and enhance visual quality in visually degraded areas.

• (C) Views. Views from scenic vista points shall be protected by insuring that adjacent permitted development does not obstruct views to and along the scenic coastal areas.

• (D) Scenic routes. Scenic routes in the coastal zone shall be as depicted on the map “Eureka Scenic Routes” contained in the Scenic Route Element of the Eureka General Plan. Along such routes the city shall:

• (1) Ensure that the scenic route rights-of-way are maintained in an attractive manner.

• (2) Incorporate bicycle lanes and pedestrian walkways along scenic routes, whenever possible.

• (3) Establish a public information system which will guide and direct visitors to various scenic areas in the community.

• (4) Provide street furniture and other accessory amenities which serve to enhance the use of scenic routes.

• ('63 Code, § 10-5.2944) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

(A) Special districts. The formation or expansion of special districts shall be permitted where assessment for, and provision of services consistent with LUP Policies 12.3 and 12.4.

(B) New or expanded facilities. New or expanded public works facilities shall be designed and limited to accommodate needs generated by permitted uses and development consistent with the provisions of the Local Coastal Program.

• (C) Water system capacity priority. Development shall not be permitted which would leave insufficient water system capacity for priority uses. Those uses which shall not be precluded by other development and their order or priority are:

• (1) Coastal-dependent uses;

• (2) Essential public services;

• (3) Basic industries vital to the economic health of the region, state or nation;

• (4) Public recreation;

• (5) Commercial recreation; and,

• (6) Visitor-serving uses.

(D) Extension of services beyond urban limit. There shall be no extension of urban services (sewer and water) beyond the urban limit line as designated in the Local Coastal Program, except that the water system intertie line in the southwestern part of the city shall be permitted to extend outside the urban limit line, provided no connections for private users shall be allowed outside the urban limit line. No assessments, “readiness to serve” fees, or other costs or encumbrances, including bonded indebtedness, for urban services shall be assessed against lands outside the urban limit line, except for those lands already provided with urban services, services to existing residential use on the Lieber parcel, or those lands for which assessments or other costs or encumbrances have been levied prior to July 1, 1984.

(E) Hilfiker Lane Road. Any maintenance or alteration of the freshwater pond which serves as a water source for the cemetery and which is located north of Hilfiker Lane between Broadway and the Northwestern Pacific Railroad right-of-way shall protect the marsh vegetation at the perimeter of the pond as it existed on July 4, 1984. However, the pond shall be designated and considered as a public works facility rather than a natural resource (or environmentally sensitive habitat) area.

('63 Code, § 10-5.2945) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999

(A) Urban limit area development preferred. The development of vacant land within the city urban limit area, consistent with all applicable policies of this Local Coastal Program, shall be the preferred economical and environmental means of residential, commercial, or industrial growth in the city.

(B) Urban limit area. The urban limit area of the city shall be as shown in Chapter 15 on the “Land Use and Zoning” maps 1 and 2.

(C) Extension of urban limit.

(1) Extensions of the urban limit line shall be allowed if approved by the Coastal Commission and if:

(a) Sufficient public services capacity is available to serve any development proposed for the area that is to be included in the extended urban limit area, while assuring that capacity is available for priority uses consistent with Local Coastal Program Policy 10.4.

(b) The extension, or any development proposed for the area that is to be included in the extended urban limit area, will not have a significant adverse effect on prime agricultural land, timberland, or environmentally sensitive habitat areas.

(2) All extensions of the urban limit line within the coastal zone shall constitute an amendment to this Local Coastal Program and shall not become final unless approved by the Coastal Commission.

(D) Extension of services beyond urban limit. There shall be no extension of urban sewer and water services beyond the urban limit line as defined in Policy 12.2, except that the water system intertie line in the southwestern part shall be permitted to extend outside the urban limit line, provided that no connections for private users shall be allowed outside said urban limit line. No assessments, “readiness to serve” fees, or other costs or encumbrances, including bonded indebtedness, for urban services shall be assessed against lands outside the urban limit line, except for those lands already provided with urban services, services to existing residential use on the Lieber parcel, or those lands for which assessments or other costs or encumbrances have been levied prior to July 1, 1984.

(E) Precedence of natural resources. Development type and density shall be that specified by the land use categories and designations in the land use plan map. However, natural resource designations and policies shall take precedence in all cases, except as otherwise provided in this Local Coastal Program, consistent with applicable policies of the Coastal Act. Where a parcel is located partly within and partly without an environmentally sensitive habitat area, development shall be located and designed to avoid significant adverse effects on the environmental resources.

(F) Regional commercial. Regional commercial facilities shall be located in the Planned Commercial District or in the Core Area. Development proposed for the Planned Commercial District west of Broadway shall include an on-site wetlands restoration and management program, consistent with LUP Policies 5.16 and 5.17 and the objectives of Policy 5.20.

(G) Highway service commercial. Highway service commercial development shall be prohibited along Highway 101 south of the urban limit line as shown on the Land Use Map in Chapter 15, and between the Service Commercial Districts east of Murray Field and Indianola Road.

(H) Land divisions. Land divisions shall not result in the creation of a parcel or parcels totally within an environmentally sensitive habitat area or flood hazard area as defined in the Local Coastal Program. No land divisions, except for agricultural leases, shall be permitted on lands designated for coastal agriculture use.

• (I) Archaeological areas.

(1) When development is proposed within a known archaeological area, project design shall avoid or minimize impacts to the resource.

(2) When development in archaeological sites cannot be avoided, adequate mitigation measures shall be required. Mitigation shall be designed in accord with Guidelines of State Office of Historic Preservation and the State Native American Heritage Commission. When, in the course of grading, excavation, or any other development activity, evidence of archaeological artifacts is discovered, all work which could damage or destroy such resources shall cease and the City Planning Director shall be notified immediately of the discovery.

(3) The Director of Community Development shall notify the State Historic Preservation Officer and the Sonoma State University Cultural Resources Facility of the find. At the request of the State Historic Preservation Officer, development of the site may be halted until an archaeological survey can be made and appropriate and feasible mitigation measures are developed. ('63 Code, § 10-5.2946) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 589-C.S., passed 2-21-95) Penalty, see § 150.999

SPECIFIC DISTRICTS

(A) Purpose. In addition to the objective prescribed in § 156.002 of this chapter, the WC District is included in the zoning regulations to achieve the following purpose: To protect, enhance and restore valuable fish, wildlife and sensitive habitat areas, and to provide for limited resource dependent uses and public recreation in estuarine waters. ('63 Code, § 10-5.2950)

(B) Required conditions. All permitted and conditional uses shall meet the requirements of the resource protection standards in §§ 156.050 through 156.056 of this chapter.

('63 Code, § 10-5.2951)

(C) Permitted uses. The following uses shall be permitted: Management for fish and wildlife habitat, and nature study. ('63 Code, § 10-5.2952)

(D) Conditional uses. The following conditional uses shall be permitted:

(1) Aquaculture, mariculture, noriculture, and similar resource-dependent activities;

• (2) Passive recreation;

• (3) Public access facilities consistent with resource protection;

• (4) Resource restoration and enhancement;

• (5) Restoration and maintenance dredging of previously dredged navigation channels;

• (6) Boat launch ramps;

• (7) Oil and gas pipelines;

• (8) Incidental public works projects, including but not limited to, burying cables and pipes.

('63 Code, § 10-5.2953)

• (Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Purpose. In addition to the objectives prescribed in § 156.002, the WD District is included in the zoning regulations to achieve the following purpose: To provide for port and harbor related uses of the estuarine waters of Humboldt Bay, consistent with resource protection policies, as provided by all applicable policies in the Local Coastal Program Land Use Plan. ('63 Code, § 10-5.2955)

(B) Required conditions. All permitted and conditional uses shall meet the requirements of the resources protection standards in §§ 156.050 through 156.056 of this chapter.

• ('63 Code, § 10-5.2956)

• (C) Permitted uses. The following uses shall be permitted in the WD District:

• (1) Maintenance dredging of turning basins, berthing and mooring areas, and boat launch ramps;

• (2) Maintenance of intake and outfall lines;

• (3) Restoration and maintenance dredging of previously dredged navigation channels.

• ('63 Code, § 10-5.2957)

• (D) Conditional uses. The following conditional uses shall be permitted:

• (1) OCS service facilities;

• (2) Oil and gas pipelines;

• (3) Incidental public works projects, including but not limited to, burying cables and pipes, or inspection of piers and maintenance of intake and outfall lines;

• (4) Nature study and other educational uses;

• (5) Piers, docks and wharves;

• (6) Port, energy and coastal-development industrial facilities;

• (7) Public access facilities;

• (8) Resource restoration or enhancement;

• (9) Active recreation, including hunting and fishing;

• (10) Aquaculture and similar resource-dependent activities;

• (11) Boating and marina facilities;

• (12) Commercial fishing facilities;

• (13) Dredging of new or deepened channels.

• ('63 Code, § 10-5.2958)

• (Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Purpose. In addition to the objectives prescribed in § 156.002 of this chapter, the NR District is included in the zoning regulations to achieve the following purpose: To protect, enhance, and restore environmentally sensitive habitat areas, and to allow resource dependent uses consistent with the continuance of such habitat areas.

('63 Code, § 10-5.2960)

(B) Required conditions.

(1) All permitted and conditional uses shall meet the requirements of the resource protection standards in §§ 156.050 through 156.056 of this chapter.

• (2) No sign, advertising sign or structure, or billboard shall be permitted.

('63 Code, § 10-5.2961)

(C) Permitted uses. The following use shall be permitted: Management for fish and wildlife habitat. ('63 Code, § 10-5.2962)

(D) Conditional uses. The following conditional uses shall be permitted in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Aquaculture;

• (2) Educational/scientific study (by permit from management agency);

• (3) Restoration and enhancement for fish and wildlife habitat values;

• (4) Pedestrian access consistent with all applicable policies of the land use plan.

• (5) Oil and gas pipelines.

• ('63 Code, § 10-5.2963)

• (Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the AC Coastal Agriculture District is included in the zoning regulations to achieve the following purposes:

(1) To protect agricultural lands, including farmed or grazed wetlands, for long-term productive agricultural and wildlife habitat uses;

(2) To ensure adequate separation between dwellings and facilities for housing animals.

('63 Code, § 10-5.2970)

• (B) Required conditions.

(1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic or to involve any hazard of fire or explosion, provided that permitted agricultural pursuits conducted in accord with good practice shall not be deemed a nuisance.

(3) Animal keeping shall comply with the provisions of Chapter 91 of this code.

(4) Dwellings and farm-related structures may be located on an existing farmed wetland parcel only when no upland location is available for such purpose.

(5) Structures, including non-slab foundation greenhouses that utilize the underlying soil for agricultural practices, located on a grazed or farmed wetland parcel shall be sited and designed in a manner which will minimize any adverse environmental effects to the farmed or grazed wetland, including through a minimization of fill. To the extent required by federal law and regulations, dwellings that are otherwise permitted in the coastal agricultural district shall also comply with all flood zone regulations adopted by the city.

('63 Code, § 10-5.2971)

• (C) Permitted uses. The following uses shall be permitted:

(1) Accessory structures and uses located on the same site with a permitted use, including barns, stables, coops, tank houses, storage tanks, windmills, silos, other farm outbuildings, private garages and carports, bunkhouse, or accessory living quarters with a kitchen for each dwelling on the site, storehouses, garden structures, greenhouses, and the storage of petroleum products for the use of persons residing or working on the site;

• (2) Apiaries;

• (3) Field and truck crops;

• (4) Livestock raising;

• (5) Greenhouses, which are not located on slab foundations and where crops are grown in the existing soil on the site;

(6) One-family dwelling and farm employee housing for persons employed on the premises. Not more than one dwelling unit, other than farm employee housing, shall be located on each parcel. Manufactured homes shall meet the criteria prescribed in §§ 155.230 through 155.232 of this title;

• (7) Orchards;

• (8) Roadside stands for the sale of agricultural produce grown on the site;

• (9) Timber harvest.

• ('63 Code, § 10-5.2972)

• (D) Conditional uses. The following uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Aquaculture and similar resource-dependent activities;

• (2) Coastal-dependent oil and gas wells;

• (3) Oil and gas pipelines;

• (4) Incidental public service purposes;

• (5) Wetland restoration and enhancement projects;

• ('63 Code, § 10-5.2973)

• (6) Wireless telecommunication facilities subject to the provisions of Chapter 159; and

(7) Medical cannabis cultivation facilities, mixed light, not more than 10,000 square feet of cultivation area, subject to the provisions of Chapter 158.

• (E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title, except that no space shall be required to be located in a garage or carport.

• ('63 Code, § 10-5.2974)

• (F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 156.141 of this title.

• ('63 Code, § 10-5.2975)

• (G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

• ('63 Code, § 10-5.2976)

(H) Architectural review. Conditional uses shall be subject to architectural review as prescribed in §§ 155.180 through 155.188 of this title.

• ('63 Code, § 10-5.2977)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 518-C.S., passed 8-26-90; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the RS-6,000 and RS-12,000 Residential Districts are included in the zoning regulations to achieve the following purposes:

(1) To reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety;

• (2) To ensure adequate light, air, privacy, and open space for each dwelling;

• (3) To protect one-family dwellings from the lack of privacy associated with multi-family dwellings;

(4) To provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment;

(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

(6) To preserve the natural beauty of hillsides and avoid slide and drainage problems by encouraging retention of natural vegetation and discouraging mass grading;

(7) To provide necessary space for the off-street parking of automobiles and, where appropriate, for the off-street loading of trucks;

• (8) To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic;

(9) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences;

• (10) To protect residential properties from fire, explosion, noxious fumes, and other hazards; and,

• (11) To reserve appropriately sized lots for family living at reasonable population densities in areas with limited public service (RS-12,000).

('63 Code, § 10-5.2980)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

• (2) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare unsightliness, or traffic or to involve any hazard of fire or explosion.

• ('63 Code, § 10-5.2981)

• (C) Permitted uses. The following uses shall be permitted:

• (1) One-family dwellings in which not more than three paying guests may be lodged or boarded. Manufactured home shall meet the criteria prescribed in §§ 155.230 through 155.232 of this title.

• (2) Raising of fruit and nut trees, vegetables, and horticultural specialties;

• (3) Home occupations conducted in accord with the regulations prescribed in § 155.215 of this title;

• (4) Temporary subdivision sales offices conducted in accord with the regulations prescribed in § 155.217 of this title;

• (5) Accessory structures located on the same site with a permitted use, including private garages and carports, one guest house or accessory living quarters without a kitchen, storehouses, garden structures, greenhouses, recreation rooms, and hobby areas within an enclosed structure;

• (6) Swimming pools used solely by persons resident on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than five feet from a property line;

• (7) Keeping horses, rabbits, poultry, and bees in accord with the provisions of Chapter 91 of this code; and,

• (8) Vacation dwelling units as provided in §§ 155.500 through 155.508 of this chapter.

• (‘63 Code, § 10-5.2982)

• (D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Secondary dwelling units as provided in §§ 155.200 through 155.203 of the title;

• (2) Charitable institutions;

• (3) Churches, convents, monasteries, parish houses, parsonages, and other religious institutions;

• (4) Commercial nursery growing grounds;

• (5) Golf courses;

• (6) Nursery schools;

• (7) Nursing homes for not more than three patients;

• (8) Parking facilities improved as prescribed in §§ 155.115 through 155.124 of this title, on a site having a side property line which adjoins an OR, C, or M District, or is opposite and separated therefrom only by an alley, or on a site that has a rear property line adjoining an OR, C, or M District and has access therefrom, provided that the site of the parking facility shall not extend more than 150 feet from the boundary of the OR, C, or M District;

• (9) Private recreation parks and swim clubs;

• (10) Private schools and colleges, not including art, craft, music, dancing, business, professional, or trade schools and colleges;

(11) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, and transmission line found by the Planning Commission to be necessary for the public health, safety, or welfare;

• (12) Accessory structures and uses located on the same site as a conditional use;

(13) Bed and breakfast inns in which not more than 15 paying transient guests may be lodged or boarded, provided that the site of such inn shall not be less than one acre in area;

(14) Timber harvest of less than three acres; and

('63 Code, § 10-5.2983)

(15) Wireless telecommunication facilities subject to the provisions of Chapter 159 .

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.2984)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.2985)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.2986)

(H) Architectural review. Conditional uses shall be subject to architectural review as prescribed in §§ 155.180 through 155.188 of this title.

('63 Code, § 10-5.2987)

(I) Density standards.

(1) RS-6,000. In an RS-6,000 District, the site of a one-family dwelling shall contain at least 6,000 square feet, including at least 4,000 square feet with a natural slope of less than 20%; provided, however, the portion of the site having a slope of less than 20% may be reduced by 500 square feet for each 3,000 square feet of additional site area, except that each site shall contain at least 2,500 square feet with a natural slope less than 20%. The maximum gross density in the RS-6,000 District shall be seven units per

acre.

(2) RS-12,000. In an RS-12,000 District, the site of a one-family dwelling shall contain at least 12,000 square feet, including at least 5,000 square feet with a natural slope of less than 25%; provided, however, the portion of the site having a slope of less than 25% may be reduced by 500 square feet for each 3,000 square feet of additional site area, except that each site shall contain at least 3,000 square feet with a natural slope less than 25%. The maximum gross density in the RS-12,000 District shall be 3.7 units per acre.

('63 Code, § 10-5.2988)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 518-C.S., passed 8-26-90; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 840-C.S., passed 7-5-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 155.002 of this title, the RM Multi-Family Residential Districts are included in the zoning regulations to achieve the following purposes:

(1) To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;

(2) To preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities;

(3) To ensure adequate light, air, privacy, and open space for each dwelling unit;

(4) To provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment;

(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

(6) To provide necessary space for the off-street parking of automobiles and, where appropriate, for the off-street loading of trucks;

(7) To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic;

(8) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences; and,

• (9) To protect residential properties from fire, explosion, noxious fumes, and other hazards. ('63 Code, § 10-5.2990)

• (B) Permitted uses. The following uses shall be permitted in the RM-2,500 and RM-1,000 Districts:

• (1) Any use permitted under § 155.052(C) of this title, in RS-6,000 One-Family Residential Districts;

• (2) Combinations of attached or detached dwelling units, including duplexes, multi-family dwellings, dwelling groups, row houses, and townhouses;

• (3) Lodging houses in which not more than 15 paying guests may be lodged or boarded;

• (4) Nursing homes for not more than three patients; and,

• (5) Accessory structures and uses located on the same site as a permitted use.

• ('63 Code, § 10-5.2991)

• (C) Conditional uses. The following conditional uses shall be permitted in the RM-2,500 and RM-1,000 Districts upon the granting of a use permit in accordance with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Charitable institutions;

• (2) Churches, convents, monasteries, parish houses, parsonages, and other religious institutions;

• (3) Commercial nursery growing grounds;

• (4) Golf courses;

• (5) Nursery schools;

• (6) Nursing homes, not including nursing homes for mental, drug addict, or liquor addict cases;

(7) Parking facilities improved as set forth in §§ 155.115 through 155.124 of this title on a site having a side property line which adjoins on OR, NM, C, or M District, or is opposite and separated therefrom only by an alley, or on a site that has a rear property line adjoining an OR, NM, C, or M District and has access therefrom; provided, however, the site of the parking facility shall not extend more than 1,500 feet from the boundary of the OR, HM, C, or M District;

• (8) Private recreation parks and swim clubs;

• (9) Private schools and colleges, not including art, craft, music, dancing, business, professional, or trade schools and colleges;

• (10) Private noncommercial clubs and lodges, not including employment offices;

(11) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainage ways and structures, storage tanks, and transmission lines found by the Planning Commission to be necessary for the public health, safety, or welfare;

• (12) Mobile home parks in an RM-1,000 District in accordance with the provisions of §§ 155.230 through 155.232 of this title;

• (13) Timber harvest of less than three acres;

('63 Code, § 10-5.2992)

• (14) Wireless telecommunication facilities subject to the provisions of Chapter 159 .

(C) Off-street parking. Off-street parking facilities shall be provided for each use as set forth in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.2993)

• (D) Off-street loading. Off-street loading facilities shall be provided for each use as set forth in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.2994)

(E) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as set forth in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.2995)

(F) Site plan review and architectural review. All permitted uses, except one-family dwellings, multi-family dwellings containing not more than six dwelling units, and dwelling groups containing not more than six units, shall be subject to site plan review as set forth in §§ 155.180 through 155.188 of this title. All conditional uses shall be subject to architectural review. ('63 Code, § 10-5.2996)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 518-C.S., passed 8-26-90; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

(A) Purposes. In addition to the objectives set forth in § 155.002 of this title, the OR Office and Multi-Family Residential District is included in the zoning regulations to achieve the following purposes:

(1) To provide opportunities for offices of a semi-commercial character to locate outside commercial districts;

(2) To provide space for semi-public facilities and institutions which appropriately may be located in office and multi-family dwelling districts;

(3) To provide adequate space to meet the needs of modern offices, including the off-street parking of automobiles and, where appropriate, the off-street loading of trucks;

(4) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

(5) To protect offices and multi-family dwellings from noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses; and

(6) To protect offices and multi-family dwellings from fire, explosion, noxious fumes, and other hazards.

('63 Code, § 10-5.29100)

(B) Required conditions.

(1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure except for offstreet parking and loading areas.

(3) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or truck traffic or to involve any hazard of fire or explosion.

('63 Code, § 10-5.29101)

• (C) Permitted uses. The following uses shall be permitted:

(1) Any use permitted under § 155.053(C) of this title in RM Districts, provided that there shall be not less than 1,000 square feet of site area per dwelling unit, and provided that units not located above a permitted nonresidential use shall be subject to the requirements of usable open space per dwelling unit of the RM-1,000 District. Yards at and above the first level occupied by dwelling units shall be as required in the RM District;

• (2) Administrative, business, and professional offices;

(3) Any other use which is determined by the Planning Commission, as provided in §§ 155.265 through 155.270 of this title, to be similar to be used listed in subsection (2) of this division;

• (4) Mobile vendors as prescribed in §§ 155.220 through 155.221;

(5) Parking facilities, including fee parking facilities improved in conformity with the standards prescribed for required offstreet parking facilities in § 155.118 of this title;

(6) Accessory structures and uses located on the same site as a permitted use; and

(7) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158.

(‘63 Code, § 10-5.29102)

(D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Nursing homes, not including nursing homes for mental, drug addict, or liquor addict cases;

• (2) Private schools and colleges, including music and dance studios not less than 150 feet from an R District;

(3) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, and transmission lines found by the Planning Commission and to be necessary for the public health, safety, or welfare;

(4) Accessory structures and uses located on the same site as a conditional use;

• (5) Family care homes and halfway houses;

• (6) Charitable institutions;

• (7) Churches and other religious institutions;

• (8) Nursery schools;

• (9) Private noncommercial clubs and lodges;

• (9.1) Medical cannabis testing facilities, where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158;

• (10) Mortuaries;

• (11) Motels and hotels; and,

• (12) Retail and service establishments that are compatible with and complementary to other permitted uses, including only:

• (a) Art and artists' supply stores;

• (b) Art galleries and stores selling objects of art;

• (c) Banks and savings and loan offices;

• (d) Bail bonding establishments;

• (e) Bars not less than 150 feet from an R District;

• (f) Barber shops and beauty shops;

• (g) Book stores and rental shops;

• (h) Candy stores;

• (i) Finance companies;

• (j) Florists;

• (k) Gift shops;

• (l) Interior decorating shops;

• (m) Prescription pharmacies provided at least 80% of the interior display area of a pharmacy shall be used for the sale of prescription or trade drugs and provided liquor shall not be sold;

• (n) Restaurants and soda fountains, not including drive-in establishments, not less than 150 feet from an R District;

• (o) Telegraph offices; and,

• (p) Travel agencies.

• (13) Timber harvest of less than three acres;

('63 Code, § 10-5.29103)

• (14) Wireless telecommunication facilities subject to the provisions of Chapter 159 .

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.29104)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29105)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29106)

(H) Site plan review and architectural review. All permitted uses, except one-family dwellings, multi-family dwellings containing not more than six units, and dwelling groups containing not more than six units, shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. All conditional uses shall be subject to architectural review. ('63 Code, § 10-5.29107)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 512-C.S., passed 3-8-90; Am. Ord. 518-C.S., passed 8-26-90; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 155.002 of this title, the CW Waterfront Commercial Districts are included in the zoning regulations to achieve the following purposes:

• (1) To encourage, protect and maintain coastal-dependent and coastal-related uses;

• (2) To encourage development of recreational and visitor-serving uses;

• (3) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses offering commodities and services required by residents of the city and its surrounding market area;

• (4) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationships to each other;

• (5) To provide space for community facilities and institutions that appropriately may be located in commercial areas;

• (6) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

• (7) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

• (8) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;

• (9) To protect commercial properties from fire, explosion, noxious fumes, and other hazards;

• (10) To encourage upgrading of the use of strategically located sites between the central business district and Humboldt Bay by creating an environment suitable for establishments catering to tourists; and

• (11) To protect and maintain certain industrial uses that require waterfront locations.

• ('63 Code, § 10-5.29110)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) In a CW District all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, exhibits of goods sold, manufactured, or processed on the premises, outdoor dining areas, and utility substations and equipment installations.

(3) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion.

rmitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion.

(C) Permitted uses. The following uses shall be permitted in the CW Waterfront Commercial District, provided that when recreation and visitor-serving facilities are integrated with coastal-dependent uses (noted below with an asterisk), the recreation and visitor- serving areas shall be secondary to and compatible with the coastal- dependent uses:

• (1) Accessory uses and structures located on the same site as a permitted use;

• (2) Boat launching;

• (3) Coastal dependent and coastal-related uses;

• (4) Commercial fishing facilities;

• (5) Docks, piers and wharfs;

• (6) Hotels and motels;

• (7) Ice vending stations;

• (8) Marine and boat sales, services and repairs;

• (9) Offices related to or dependent upon coastal-dependent or coastal-related uses;

• (10) Public and commercial recreation;

• (11) Recreational boating facilities;

• (12) Visitor-serving facilities and other establishments that offer retail sales and services to visitors, including but not limited

to:

• (a) Antique shops;

• (b) Art and artists' supply stores;

• (c) Art galleries;

• (d) Bakeries baking for retail sale on the premises only;

• (e) Bars and taverns;

• (f) Bicycle shops;

• (g) Book stores and newsstands;

• (h) Candy stores/shops;

• (i) Clothing shops, boutique;

• (j) Dairy products manufacturing for retail sales on the premises only;

• (k) Day or destination spas;

• (l) Florists;

• (m) Garden shops;

• (n) Gift shops;

• (o) Jewelry stores;

• (p) Leather goods and luggage stores;

• (q) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (r) Music, record, and CD stores;

• (s) Picture framing shops;

• (t) Restaurants (but not including drive-in establishments);

• (u) Shoe shops, boutique;

• (v) Sporting goods stores that primarily include rental and sales of equipment, gear, clothing, and other goods, for coastaldependent or -related recreation activities;

• (w) Stamp and coin stores;

• (x) Stationery shops;

• (y) Theaters, small;

• (z) Toy shops; and

• (aa) Variety shops.

• (13) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit issued pursuant to Chapter 159.

• (D) Conditional uses.

(1) The following conditional uses shall be permitted in the CW Waterfront Commercial District upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title. The applicant shall demonstrate and the city shall find that granting of a use permit will not diminish recreational or visitor-serving opportunities.

• (a) Administrative, business, and professional offices, except medical and dental offices;

• (b) Arts and crafts schools and colleges;

• (c) Bakeries;

• (d) Banks;

• (e) Barber shops and beauty shops;

• (f) Bus depot;

• (g) Bus depots, provided all buses shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;

• (h) Business, professional, and trade schools and colleges;

• (i) Charitable institutions;

• (j) Christmas tree sales lots;

• (k) Churches, parsonages, parish houses and other religious institutions;

• (l) Cigar stores;

• (m) Cleaning, coin-operated;

• (n) Clothing and costume rental establishments;

• (o) Clothing stores;

• (p) Conference center;

• (q) Dance halls;

• (r) Department stores;

• (s) Finance companies;

• (t) Food stores and supermarkets;

• (u) Furniture stores;

• (v) Gunsmiths;

• (w) Gymnasiums;

• (x) Hardware stores;

• (y) Health clubs, neighborhood;

• (z) Ice storage houses;

• (aa) Interior decorating shops;

• (bb) Laundries, self-service type;

• (cc) Liquor stores;

• (dd) Locksmiths;

• (ee) Massage and physical culture studios;

• (ff) Medical and dental offices;

• (gg) Medical and orthopedic appliance stores;

• (hh) Meeting halls;

• (ii) Messengers’ offices;

• (jj) Music and dance studios;

• (kk) Musical instrument repair shops;

• (ll) Office and business machine stores;

• (mm) Offices and office buildings;

• (nn) Oil and gas pipelines;

• (oo) Optician and optometrical shops;

• (pp) Parking facilities, including fee parking facilities;

• (qq) Passenger railroad stations;

• (rr) Pet and bird stores;

• (ss) Photographic supply stores and studios;

• (tt) Post offices;

• (uu) Prescription pharmacies and dental and optical laboratories;

• (vv) Pressing establishments;

• (ww) Printing shops, including lithographing and engraving;

• (xx) Public utility service pumping stations, power stations, equipment buildings and installations, drainageways and

structures, storage tanks, and transmission lines found by the Planning Commission to be necessary for the public health, safety or welfare;

(yy) Radio and television broadcasting studios; towers and other support structures, commercial satellite dishes, antennas and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (zz) Realtors and real estate offices;

• (aaa) Recreational vehicle parks;

(bbb) Residential uses permitted in the RM Districts shall be permitted in a CW District, provided the residential units are located above the ground floor of commercial structures and the minimum size of such dwelling units shall not be less than what is required in the Building and Housing Code;

• (ccc) Saving and loan offices;

• (ddd) Scientific instrument shops;

• (eee) Skating rinks;

• (fff) Skating rinks within buildings;

• (ggg) Sporting goods stores;

• (hhh) Sports arenas within buildings;

• (iii) Stationery stores;

• (jjj) Stenographic services;

(kkk) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (lll) Television and radio sales and repair stores;

• (mmm) Theaters and auditoriums within buildings;

• (nnn) Toy stores;

• (ooo) Variety stores;

• (ppp) Warehouses;

• (qqq) Watch and clock repair shops;

• (rrr) Wholesale establishments without stocks;

(sss) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159; and

(ttt) Medical cannabis testing facilities located above the ground floor of commercial structures, and where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158.

(2) The following conditional uses shall be permitted in the CW Waterfront Commercial District upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title. The applicant shall demonstrate and the city shall find that granting of a minor use permit will not diminish recreational or visitor-serving opportunities.

(a) Medical cannabis transportation facilities, located separate from a distribution facility and located above the ground floor of commercial structures, and subject to the provisions of Chapter 158.

(3) Any other use which is determined by the Planning Commission to be similar to the listed conditional uses and which conform to the policies of the land use plan. In making such a determination, in addition to the findings prescribed in §§ 155.280 through 155.299 of this title, the Planning Commission must find:

(a) That consideration of all determinable characteristics of the use that is subject to the application indicates that the use has the same essential characteristics as a permitted or conditional use;

(b) That the use conforms to the purposes of the CW Waterfront Commercial District;

(c) That the use will not create significantly more vehicular traffic or congestion than associated with permitted or conditional uses; or

(d) That the proposed use will not negatively affect recreation or visitor-serving facilities and coastal-dependent uses. (‘63 Code, § 10-5.29113)

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.155 through 155.124 of this title.

('63 Code, § 10-5.29114)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29115)

(G) Signs. No sign, outdoor advertising structure or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29116)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review. ('63 Code, § 10-5.29117)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 810-C.S., passed 5-19-15; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the CN Neighborhood Commercial Districts are included in the zoning regulations to achieve the following purposes:

(1) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses offering commodities and services required by residents of the city and its surrounding market area;

(2) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in a mutually beneficial relationship to each other;

• (3) To provide space for community facilities and institutions that appropriately may be located in commercial areas;

• (4) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

• (5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

(6) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;

• (7) To protect commercial properties from fire, explosion, noxious fumes and other hazards;

• (8) To provide appropriately located areas for retail stores, offices and personal service establishments patronized primarily by residents of the immediate area; and

(9) To permit the development of neighborhood shopping centers of limited size and in locations shown on the Eureka Area General Plan according to standards that minimize adverse impact on adjoining residential uses. ('63 Code, § 10-5.29120)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) In a CN District, all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, exhibits of goods sold, manufactured, or processed on the premises, gasoline service stations, outdoor dining areas, nurseries, garden shops, Christmas tree sales lots, bus depots, and utility substations and equipment installations.

• (3) In a CN District, all products produced on the site of any of the permitted uses shall be sold primarily at retail on the site where produced.

(4) No use shall be permitted, and no process, equipment or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity of by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion.

('63 Code, § 10-5.29121)

• (C) Permitted uses. The following uses shall be permitted:

• (1) Accessory uses and structures, not including warehouses, located on the same site as a permitted use;

• (2) Administrative, business, and professional offices, except medical and dental offices;

• (3) Art galleries;

• (4) Arts and artists' supply stores;

• (5) Arts and crafts schools and colleges;

• (6) Bakeries, including baking for sale on the premises only;

• (7) Banks;

• (8) Banquet rooms not less than 150 feet from an R District;

• (9) Barber shops and beauty shops;

• (10) Bars not less than 150 feet from an R District;

• (11) Bicycle shops;

• (12) Book stores and rental libraries;

• (13) Candy stores;

• (14) Christmas tree sales lots;

• (15) Cigar stores;

• (16) Cleaning and dyeing;

• (17) Cleaning and dyeing, including the use of one synthetic dry cleaning machine using nonexplosive solvents and having a capacity of not more than 40 pounds per cycle only;

• (18) Cleaning, coin operated;

• (19) Clothing and costume rental establishments;

• (20) Clothing stores;

• (21) Computer and communications equipment stores;

• (22) Dairy products manufacturing for retail sales on the premises only;

• (23) Delicatessen stores;

• (24) Drugstores;

• (25) Dry goods stores;

• (26) Electrical appliance sales and repair stores, provided repair services shall be incidental to retail sales;

• (27) Finance companies;

• (28) Florists;

• (29) Food lockers;

• (30) Food stores and supermarkets;

• (31) Fur shops;

• (32) Furniture stores;

• (33) Garden shops;

• (34) Gift shops;

• (35) Hardware stores;

• (35.1) Health clubs, neighborhood

• (36) Hobby shops;

• (37) Household appliance stores;

• (38) Ice vending stations;

• (39) Interior decorating shops;

• (40) Jewelry stores;

• (41) Laundries, self-service type;

• (42) Leather goods and luggage stores;

• (43) Liquor stores;

• (44) Locksmiths;

• (45) Medical and dental offices;

• (46) Medical and orthopedic appliance stores;

• (47) Meeting halls not less than 150 feet from an R District;

• (48) Mens' furnishing stores;

• (49) Messengers' offices;

• (50) Millinery shops;

• (51) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (52) Music and dance studios not less than 150 feet from an R District;

• (53) Music stores;

• (54) Musical instrument repair shops;

• (55) Newsstands;

• (56) Nurseries and garden supply stores provided all equipment, supplies and merchandise other than plants shall be kept within a completely enclosed building, and fertilizer of any type shall be stored and sold in packaged form only;

• (57) Office and business machine stores;

• (58) Offices and office buildings;

• (59) Optician and optometrical shops;

• (60) Paint, glass, and wallpaper shops;

• (61) Parking facilities, including fee parking facilities;

• (62) Pet and bird stores;

• (63) Pet and bird stores not less than 150 feet from an R District;

• (64) Phonograph record stores;

• (65) Photographic supply stores and studios;

• (66) Picture framing’ shops;

• (67) Post offices;

• (68) Prescription pharmacies and dental and optical laboratories;

• (69) Pressing establishments;

• (70) Private clubs and lodges not less than 150 feet from an R District;

• (71) Realtors and real estate offices;

• (72) Residential uses permitted under permitted uses in RM Districts shall be permitted in a CN District provided the

• minimum size of such dwelling units shall be not less than as set forth in the Building Code and Housing Code of the city;

• (73) Restaurants and soda fountains, not including drive-in establishments, 150 feet or more from an R District;

• (74) Saving and loan offices;

• (75) Scientific instrument shops;

• (76) Self-service laundries and self-service dry cleaning establishments;

• (77) Shoe repair shops;

• (78) Shoe stores;

• (79) Sporting goods stores;

• (80) Stamp and coin stores;

• (81) Stationery stores;

• (82) Stenographic services;

• (83) Tailor and dressmaking shops;

• (84) Taxicab stands;

• (85) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (86) Television and radio sales and repair stores;

• (87) Ticket agencies;

• (88) Toy stores;

• (89) Travel agencies and bureaus;

• (90) Umbrella repair shops;

• (91) Video sales and rental stores;

• (92) Watch and clock repair shops;

• (93) Wholesale establishments without stocks;

• (94) Women’s apparel accessory stores; and

• (‘63 Code, § 10-5.29122)

• (95) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless

telecommunication facility permit issued pursuant to Chapter 159.

• (D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Accessory uses and structures located on the same site as a conditional use;

• (2) Ambulance service;

• (3) Blueprint and photostat shops;

• (4) Business, professional and trade schools and colleges;

• (5) Charitable institutions;

• (6) Churches, parsonages, parish houses, monasteries, convents, and other religious institutions;

• (6.1) Medical cannabis dispensing facilities subject to the provisions of Chapter 158;

• (7) Oil and gas pipelines;

• (8) Parking facilities, including required off-street parking facilities, located on a site separated from the use which the facilities serve;

(9) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainage ways and structures, storage tanks, and transmission lines found by the Planning Commission to be necessary for the public health, safety or welfare;

• (10) Restaurants and soda fountains, not including drive-in establishments, 150 feet or more from an R District;

(11) Service stations, not including automobile, truck, and trailer rentals as accessory uses, provided all operations, except the sale of gasoline and oil and the washing of cars, shall be conducted within a building enclosed on at least three sides; ('63 Code, § 10-5.29123)

(12) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159 .

(D.1) Minor conditional uses. The following conditional uses shall be permitted upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

(1) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158.

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.29124)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29125)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29126)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review.

('63 Code, § 10-5.29127)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purpose. In addition to the objectives prescribed in § 155.002 of this title, the CS Service Commercial Districts are included in the zoning regulations to achieve the following purposes:

(1) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses offering commodities and services required by residents of the city and its surrounding market area;

(2) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in a mutually beneficial relationship to each other;

(3) To provide space for community facilities and institutions that appropriately may be located in commercial areas;

(4) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

(6) To protect commercial properties from fire, explosion, noxious fumes, and other hazards;

(7) To provide appropriately located areas for commercial uses having features that are incompatible with the purposes of the other commercial districts;

(8) To permit additional development in mixed commercial areas containing both retail stores and commercial services; and

(9) To allow a wider choice of location for certain industrial uses that do not have an adverse impact on commercial services. (‘63 Code, § 10-5.29130)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

• (2) All uses shall comply with the policies established by the land use plan;

(3) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect, nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion. (‘63 Code, § 10-5.29131)

• (C) Permitted uses. The following uses shall be permitted:

• (1) Accessory uses and structures located on the same site as a permitted use;

• (2) Accessory uses and structures located on the same site as conditional use;

• (3) Addressograph services;

• (4) Administrative, business, and professional offices, except medical and dental offices;

• (5) Art and artists’ supply stores;

• (6) Art galleries and stores selling objects of art;

• (7) Arts and crafts schools and colleges;

• (8) Auction rooms;

• (9) Auction establishments, including outdoor displays;

• (10) Ambulance services;

• (11) [Reserved]

• (12) [Reserved]

• (13) [Reserved]

• (14) [Reserved]

• (15) [Reserved]

• (16) Automobile rental agencies;

• (17) Automobile repairing, overhauling, rebuilding, and painting;

• (18) Automobile (new car) sales and services, including used car sales incidental to new car sales;

• (19) Automobile (used car) sales;

• (20) Automobile supply stores;

• (21) Automobile upholstery and top shops;

• (22) Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaners;

• (23) Bail bonds;

• (24) Bakeries;

• (25) Bakeries, including baking for sale on the premises only;

• (26) Banks;

• (27) Banquet rooms;

• (28) Barber shops and beauty shops;

• (29) Bars;

• (30) Beverage distributors;

• (31) Bicycle shops;

• (32) Blacksmith shops not less than 300 feet from an R or OR District;

• (33) Blueprint and photostat shops;

• (34) Boat sales, services, and repairs;

• (35) Book stores and rental libraries;

• (36) Bookbinding;

• (37) Bottling works;

• (38) Bowling alleys;

(39) Building materials’ yards and other than gravel, rock, or cement yards not less than 300 feet from an R or OR District;

• (40) Bus depots, provided buses shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;

• (41) Business, professional, and trade schools and colleges;

• (42) Cabinet shops;

• (43) Candy shops;

• (44) Carpenter shops;

• (45) Carpet and rug cleaning and dyeing;

• (46) Catering establishments;

• (47) Christmas tree sales lots;

• (48) Cigar stores;

• (49) Cleaning and dyeing;

• (50) Cleaning and dyeing, including the use of one synthetic dry cleaning machine using nonexplosive solvents and having a capacity of not more than 40 pounds per cycle only;

• (51) Cleaning, coin-operated;

• (52) Clothing and costume rental establishments;

• (53) Clothing stores;

• (54) Cold storage plants;

• (55) Columbariums and crematories not less than 300 feet from an R or OR District;

• (56) Contractors’ equipment rental or storage yards not less than 300 feet from an R or OR District;

• (57) Dairy products plants;

• (58) Dairy products manufacturing for retail sales on the premises only;

• (59) Dance halls;

• (60) Delicatessen stores;

• (61) Department stores;

• (62) Diaper supply services;

• (63) Drugstores;

• (64) Dry goods stores;

• (65) Electrical appliance sales and repair stores, provided repair services shall be incidental to retail stores;

• (66) Electrical repair shops;

• (67) Employment agencies;

• (67.1) Emergency shelters pursuant to the requirements and regulations contained in § 156.041 of this chapter.

• (68) Feed and fuel stores;

• (69) Finance companies;

• (70) Florists;

• (71) Food lockers;

• (72) Food stores and supermarkets;

• (73) Freight forwarding terminals;

• (74) Frozen food distributors;

• (75) Fur shops;

• (76) Furniture stores;

• (77) Garden shops;

• (78) Gift shops;

• (79) Glass replacement and repair shops;

• (80) Golf driving ranges;

• (81) Gunsmiths;

• (82) Gymnasiums;

• (83) Hardware stores;

• (84) Heating and ventilating shops;

• (85) Hobby shops;

• (86) Hospital equipment;

• (87) Hotels and motels;

• (88) Household appliance stores;

• (89) Household repair shops;

• (90) Ice storage houses;

• (91) Ice vending stations;

• (92) Interior decorating shops;

• (93) Janitorial services and supplies;

• (94) Jewelry stores;

• (95) Laboratories;

• (96) Laundry plants;

• (97) Laundries, self-service type;

• (98) Leather goods and luggage stores;

• (99) Linen supply services;

• (100) Liquor stores;

• (101) Live storage, killing, or dressing of poultry or rabbits for retail sale on premises not less than 300 feet from an R or OR District;

• (102) Locksmiths;

• (103) Lumberyards, not including planing mills or saw mills, not less than 300 feet from an R or OR District;

• (104) Machinery sales and rentals;

• (105) Massage and physical culture studios;

• (106) Mattress repair shops;

• (107) Marine sales, services, and repairs;

• (107.1) Medical and dental offices;

• (108) Medical and orthopedic appliance stores;

• (108.1) Medical cannabis distribution facilities, subject to the provisions of Chapter 158;

• (108.2) Medical cannabis testing facilities, where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158;

• (108.3) Medical cannabis transportation facilities, co- located with a distribution facility, subject to the provisions of Chapter 158;

• (108.4) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158;

• (109) Meeting halls;

• (110) Mens’ furnishing stores;

• (111) Millinery shops;

• (112) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (113) Motorcycle sales and services;

• (114) Mortuaries;

• (115) Motels and hotels;

• (116) Music and dance studios;

• (117) Music stores;

• (118) Musical instrument repair shops;

• (119) Newsstands;

• (120) Nurseries and garden supply stores;

• (121) Nurseries and garden supply stores provided all equipment, supplies, and merchandise other than plants shall be kept

within a completely enclosed building, and fertilizer of any type shall be stored and sold in packaged form only;

• (122) Office and business machine stores;

• (123) Offices and office buildings;

• (124) Optician and optometrical shops;

• (125) Packing and crating;

• (126) Paint, glass, and wallpaper shops;

• (127) Parcel delivery services, including garage facilities for trucks but excluding repair shop facilities and repair shop facilities;

(128) Parking facilities, including fee parking facilities improved in conformity with the standards prescribed for required offstreet parking facilities in § 155.118 of this title;

• (129) Passenger railroad stations;

• (130) Pet and bird stores;

• (131) Phonograph record stores;

• (132) Photographic supply stores and studios;

• (133) Pickup truck camper, and canopy assembly, sales, and service;

• (134) Picture framing shops;

• (135) Plumbing, heating, and ventilating equipment showrooms with storage for floor samples only;

• (136) Plumbing shops;

• (137) Pool halls;

• (138) Post offices;

• (139) Prescription pharmacies and dental and optical laboratories;

• (140) Pressing establishments;

• (141) Printing, including lithographing and engraving;

• (142) Printing shops;

• (143) Private clubs and lodges;

• (144) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, and transmission lines;

• (145) Radio and television broadcasting studios; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (146) Realtors and real estate offices;

• (147) Refrigeration equipment;

• (148) Rental and tools, garden tools, power tools, trailers, and other similar equipment;

• (149) Residential uses permitted under permitted uses in RM Districts shall be permitted in a CS District provided the minimum size of such dwelling units shall be not less than as set forth in the Building Code and Housing Code of the city;

• (150) Riding stables;

• (151) Saving and loan offices;

• (152) Safe and vault repairing;

• (153) Scientific instrument, shops;

• (154) Secondhand stores and pawn shops;

• (155) Self-service laundries and self-service drycleaning establishments;

• (156) Septic tank and cesspool installation and service;

• (157) Service stations, including automobile, truck, and trailer rentals as accessory uses only;

• (158) Sheet metal shops;

• (159) Shoe repair shops;

• (160) Shoe stores;

• (161) Shooting galleries within buildings;

• (162) Sign painting shops;

• (163) Skating rinks;

• (164) Skating rinks within buildings;

• (165) Small animal boarding not less than 300 feet from an R or OR District;

• (166) Sporting goods stores;

• (167) Sports arenas within buildings;

• (168) Stamp and coin stores;

• (169) Stationery stores;

• (170) Stenographic services;

• (171) Stone and monument yards not less than 300 feet from an R or OR District;

• (172) Storage buildings for household goods;

• (173) Storage yards for commercial vehicles;

• (174) Swimming pool sales and services;

• (175) Tailor and dressmaking shops;

• (176) Taxidermist;

• (177) Taxicab stands;

• (178) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (179) Television and radio sales and repair stores;

• (180) Theaters and auditoriums within buildings;

• (181) Ticket agencies;

• (182) Tire sales and service, not including retreading and recapping, or mounting of heavy truck tires;

• (183) Tire sales and service, including retreading and recapping;

• (184) Tool and cutlery sharpening or grinding;

• (185) Toy stores;

• (186) Travel agencies and bureaus;

• (187) Travelers’ aid societies;

• (188) Truck and trailer rentals, sales and services;

• (189) Truck sales;

• (190) Trucking terminals not less than 150 feet from an R or OR District;

• (191) Umbrella repair shops;

• (192) Variety stores;

• (193) Vending machine services;

(194) Veterinarians’ offices and small animal hospitals, including short-term boarding of animals and incidental care, such as bathing and trimming, provided all operations are conducted entirely within a completely enclosed building which complies with the specifications of soundproof construction by the Building Inspector;

• (195) Warehouses except for the storage of fuel or flammable liquids;

• (196) Watch and clock repair shops;

• (197) Welding shops not less than 300 feet from an R or OR District;

• (198) Wholesale establishments;

• (199) Women’s apparel accessory stores; and

• (‘63 Code, § 10-5.29132)

• (200) Wireless telecommunication facilities located more than 100 feet from an R District subject to wireless telecommunication facility permit issued pursuant to Chapter 159.

• (D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Accessory uses and structure located on the same site as a conditional use;

• (2) Amusement parks;

• (3) Automobile and motorcycle racing stadiums and drag strips;

• (4) Charitable institutions;

• (5) Churches, parsonages, parish houses, monasteries, convents, and other religious institutions;

• (6) Circuses, carnivals, and other transient amusement enterprises;

• (7) Drive-in theaters;

• (8) Kennels not less than 300 feet from an R or OR District;

• (9) Light industrial uses permitted in the ML Limited Industrial District;

• (9.1) Medical cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158;

• (9.2) Medical cannabis dispensing facilities subject to the provisions of Chapter 158;

• (9.3) Medical cannabis manufacturing facilities, non- volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158;

• (10) Mobile home parks in accordance with the regulations prescribed in §§ 155.230 through 155.232 of this title;

• (11) Oil and gas pipelines;

• (12) Pony riding rings;

• (13) Prefabricated structures sales;

• (14) Racetracks;

• (15) Recreational vehicle parks in accordance with the regulations prescribed in §§ 155.230 through 155.232 of this title;

• (16) Restaurants and soda fountains, including drive-in establishments;

• (17) Riding stables;

• (18) Sports areas or stadium;

• (19) Storage yards for fuel or flammable liquids;

• (20) Veterinarians’ offices and small animal hospitals, including operations not conducted within a completely enclosed building, not less than 300 feet from an R or OD District; and

• (‘63 Code, § 10-5.29133)

(21) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159.

(D.1) Minor conditional uses. The following conditional uses shall be permitted upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Medical cannabis manufacturing facilities, non- volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158.

• (E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title. (‘63 Code, § 10-5.29134)

• (F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title. (‘63 Code, § 10-5.29135)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title. (‘63 Code, § 10-5.29136)

(H) Site plan review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review. (‘63 Code, § 10-5.29137)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 631-C.S., passed 9-7-99; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. The purposes of the Planned Shopping Center Commercial Districts shall be:

(1) To provide large sites at appropriate locations for major shopping centers which provide a wide variety of goods and services drawing trade from the entire Humboldt Bay area. The principal establishment of a CP Planned Shopping Center Commercial District shall ordinarily be one or more department or variety stores;

(2) To provide for the development of an organized group of compatible commercial uses planned and designed as an integral unit consistent with modern standards for site planning and landscape design; and,

(3) To minimize the adverse affect of major commercial facilities on nearby dwellings and minimize traffic congestion on public highways and streets. (‘63 Code, § 10-5.29140)

(B) Conditions. Any shopping center proposed for a Planned Shopping Center Commercial District that includes one or more wetlands that would individually or in combination benefit from a comprehensive restoration and enhancement program, shall be required to prepare and implement such a program consistent with all applicable policies of the Local Coastal Program Land Use Plan and the provisions of this chapter. (‘63 Code, § 10-5.29141)

• (C) Permitted uses. The following uses shall be permitted in the CP Planned Shopping Center Commercial District:

• (1) Accessory uses and structures located on the same site as a permitted use;

• (2) Administrative, business, and professional offices;

• (3) Art and artists’ supply stores;

• (4) Art galleries and stores selling objects of art;

• (5) Auction rooms;

• (6) Automobile supply stores;

• (7) Bakeries, including baking for sale on the premises only;

• (8) Banks;

• (9) Banquet rooms;

• (10) Barber shops and beauty shops;

• (11) Bars;

• (12) Bicycle shops;

• (13) Blueprint and photostat shops;

• (14) Book stores and rental libraries;

• (15) Candy stores;

• (16) Christmas tree sales lots;

• (17) Cigar stores;

• (18) Cleaning and dyeing, including the use of one synthetic dry cleaning machine using nonexplosive solvents and having a capacity of not more than 40 pounds per cycle only;

• (19) Cleaning, coin-operated;

• (20) Clothing and costume rental establishments;

• (21) Clothing stores;

• (22) Computer and electronics sales and repair stores, provided repair services shall be incidental to retail sales;

• (23) Dairy products manufacturing for retail sales on the premises only;

• (24) Delicatessen stores;

• (25) Department stores;

• (26) Drugstores;

• (27) Dry goods stores;

• (28) Electrical appliance sales and repair stores, provided repair services shall be incidental to retail sales;

• (29) Finance companies;

• (30) Florists;

• (31) Food lockers;

• (32) Food stores and supermarkets;

• (33) Furniture stores;

• (34) Fur shops;

• (35) Garden shops;

• (36) Gift shops;

• (37) Gunsmiths;

• (38) Gymnasiums;

• (39) Hardware stores;

• (40) Hobby shops;

• (41) Household appliance stores;

• (42) Ice vending stations;

• (43) Interior decorating shops;

• (44) Jewelry stores;

• (45) Laundries, self-service type;

• (46) Leather goods and luggage stores;

• (47) Liquor stores;

• (48) Locksmiths;

• (49) Massage and physical culture studios;

• (50) Medical and dental offices;

• (51) Medical and orthopedic appliance stores;

• (52) Meeting halls;

• (53) Mens’ furnishing stores;

• (54) Messengers’ offices;

• (55) Millinery shops;

• (56) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (57) Music stores;

• (58) Music and dance studios;

• (59) Musical instrument repair shops;

• (60) Newsstands;

• (61) Nurseries and garden supply stores provided all equipment, supplies, and merchandise other than plants shall be kept

• within a completely enclosed building, and fertilizer of any type shall be stored and sold in package form only;

• (62) Office and business machine stores;

• (63) Offices and office buildings;

• (64) Optician and optometrical shops;

• (65) Paint, glass, and wallpaper shops;

• (66) Parking facilities, including fee parking facilities improved in conformity with the standards prescribed for required offstreet parking facilities in § 155.118 of this title;

• (67) Pet and bird stores;

• (68) Phonograph and record stores;

• (69) Photographic supply stores and studios;

• (70) Picture framing shops;

• (71) Piers, docks, and wharves;

• (72) Plumbing, heating, and ventilating equipment showrooms with storage for floor samples only;

• (73) Plumbing shops;

• (74) Pool halls;

• (75) Post offices;

• (76) Pressing establishments;

• (77) Printing shops;

• (78) Radio and television broadcasting studios; towers and other support structures, commercial satellite dishes, antennas, and

• equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (79) Realtors and real estate offices;

• (80) Rental hand tools, garden tools, power tools, trailers, and other similar equipment;

• (81) Restaurants and soda fountains, not including drive-in establishments, not less than 150 feet from an R District;

• (82) Savings and loan offices;

• (83) Scientific instrument shops;

• (84) Self-service laundries and self-service dry cleaning establishments;

• (85) Shoe repair shops;

• (86) Shoe stores;

• (87) Skating rinks within buildings;

• (88) Sporting goods stores;

• (89) Sports arenas within buildings;

• (90) Stamp and coin stores;

• (91) Stationery stores;

• (92) Stenographic services;

• (93) Tailor and dressmaking shops;

• (94) Taxidermists;

• (95) Taxicab stands;

• (96) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (97) Television and radio sales and repair stores;

• (98) Theaters and auditoriums within buildings;

• (99) Ticket agencies;

• (100) Tire sales and service, not including retreading or recapping, or mounting of heavy truck tires;

• (101) Toy stores;

• (102) Travel agencies and bureaus;

• (103) Travelers’ aid societies;

• (104) Umbrella repair shops;

• (105) Variety stores;

• (106) Watch and clock repair shops;

• (107) Wholesale establishments without stocks;

• (108) Women’s apparel accessory stores; and

• (‘63 Code, § 10-5.29142)

(109) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit pursuant to Chapter 159.

(D) Conditional uses. The following conditional uses shall be permitted in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Accessory uses and structures located on the same site as a conditional use;

• (2) Charitable institutions;

• (3) Churches, parsonages, parish houses, monasteries, convents, and other religious institutions;

• (4) Circuses, carnivals, and other transient amusement enterprises;

• (5) Pony riding rings;

(6) Public utility and public service pumping stations, power stations, equipment buildings and installations, drainage ways and structures, storage tanks, and transmission lines found by the Planning Commission to be necessary for the public health, safety, or welfare;

• (7) Restaurants and soda fountains, including drive-in establishments, not less than 150 feet from an R District;

• (8) Service stations, not including trailer rentals, provided that all operations, except the sale of gasoline and oil and the washing of cars, shall be conducted within a building enclosed on at least three sides;

• (9) Restaurants and soda fountains, not including drive-in establishments;

• (10) Restaurants and soda fountains, including drive-in establishments, 150 feet from an R District;

• (11) Service stations, including automobile, truck, and trailer rentals as accessory uses only;

(12) Service stations, not including automobile, truck, and trailer rentals as accessory uses, provided that all operations, except the sale of gasoline and oil and the washing of cars, shall be conducted within a building enclosed on at least three sides; and

• (‘63 Code, § 10-5.29143)

(13) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159.

(E) Off-street parking. Off-street parking facilities shall be provided for any planned shopping center as prescribed in §§ 155.115 through 155.124 of this title. (‘63 Code, § 10-5.29144)

• (F) Off-street loading. Off-street loading facilities shall be provided for any planned shopping center as prescribed in §§ 155.135 through 155.141 of this title. (‘63 Code, § 10-5.29145)

• (G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as provided in §§ 155.155 through 155.169 of this title. (‘63 Code, § 10-5.29146)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject, in addition, to architectural review. (‘63 Code, § 10-5.29147) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the MC Coastal Dependent Industrial Districts are included in the zoning regulations to achieve the following purposes:

• (1) To reserve and protect parcels adjacent to the sea for coastal-dependent and coastal-related uses;

• (2) To provide for coastal-dependent energy and industrial uses;

• (3) To provide development standards which will ensure that potential environmental damage will be avoided, minimized, or mitigated;

• (4) To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;

(5) To protect residential and commercial properties and to protect nuisance-free, nonhazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;

(6) To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;

(7) To provide adequate space to meet the needs of modern industrial developments, including off-street parking and truck loading areas and landscaping;

(8) To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and agricultural districts; and,

(9) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

('63 Code, § 10-5.29150)

(B) Required conditions.

(1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) In an MC District, no use shall be permitted which emits any air pollutant detectable by the human senses without the aid of instruments beyond the boundaries of the MC District or any adjoining MG District;

(3) No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation, or other property, or which can cause soiling at any point beyond the boundaries of the site;

(4) No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the M District when diluted in the ratio of one volume of odorous air to four volumes of clean air;

(5) No use, except a temporary construction operation, shall be permitted which creates vibration, changes in temperature, direct or sky reflected glare, or electrical disturbances detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site;

temporary construction operation, shall be permitted which creates vibration, changes in temperature, direct or sky reflected glare, or electrical disturbances detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site;

(6) In an MC District, no use, except a temporary construction operation, shall be permitted which creates at any R District boundary, noise of a maximum sound pressure level greater than the values given in the following table:

(7) No use shall be permitted which emits dangerous radioactivity; and

(8) No use shall be permitted which creates insect nuisance beyond the boundaries of the site. ('63 Code, § 10-5.29151)

• (C) Permitted uses. The following uses shall be permitted:

• (1) Boat repair and ship building;

• (2) Commercial fishing facilities;

• (3) Docks, piers and wharves;

• (4) Marine services;

• (5) Marine oil terminals;

• (6) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (7) OCS service bases and offshore pipelines;

• (8) Seafood processing;

• (9) Water borne carrier import and export facilities; and

• (‘63 Code, § 10-5.29152)

• (10) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit pursuant to Chapter 159.

• (D) Conditional uses.

• (1) The following conditional uses shall be permitted in accord with the provisions of §§ 155.280 through 155.299 of this chapter:

• (a) Access support facilities;

• (b) Boat launching and berthing facilities;

• (c) Electrical generating or other facilities which require intake, outfalls, or pipelines;

• (d) Fish waste processing plants;

• (e) Fishing piers;

• (f) Ice and cold storage facilities;

• (g) OCS oil and/or gas processing and treatment facilities;

• (h) Oil and gas pipelines;

• (i) Onshore petroleum production;

• (j) Outfalls;

• (k) Warehouses serving permitted uses;

(l) Commercial uses incidental to the primary coastal dependent industrial use (within the Core Coastal-Dependent Industrial Area); and

(m) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159 .

(2) Existing developed parcels in existence as of January 1, 1984 of less than one acre located in a coastal-dependent industrial district shall be allowed to be developed with coastal-related or general industrial uses if they are not proposed for consolidation with other parcels to permit a new or expanded coastal-dependent industrial use and are not adjacent to the shoreline. ('63 Code, § 10-5.29153)

sting developed parcels in existence as of January 1, 1984 of less than one acre located in a coastal-dependent industrial district shall be allowed to be developed with coastal-related or general industrial uses if they are not proposed for consolidation with other parcels to permit a new or expanded coastal-dependent industrial use and are not adjacent to the shoreline. ('63 Code, § 10-5.29153)

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

• ('63 Code, § 10-5.29154)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29155)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this chapter.

('63 Code, § 10-5.29156)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review. ('63 Code, § 10-5.29157)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 722-C.S., passed 3-18-08; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the ML Limited industrial Districts are included in the zoning regulations to achieve the following purposes:

(1) To reserve appropriately located areas for industrial plants and related activities;

(2) To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;

(3) To protect residential and commercial properties and to protect nuisance-free, nonhazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, blare, truck and rail traffic, and other objectionable influences,

and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;

(4) To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship with each other;

(5) To provide adequate space to meet the needs of modern industrial developments, including off-street parking and truck loading areas and landscaping;

(6) To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and agricultural districts;

(7) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

(8) To provide locations for industries that can operate in close proximity to commercial and residential uses with minimum mutual adverse impacts; and,

(9) To protect light industrial and related uses from nuisances associated with heavy industrial uses.

('63 Code, § 10-5.29160)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

• (2) All uses shall comply with the policies established by the land use plan;

(3) In an ML District, no use shall be permitted which emits any air pollutant detectable by the human senses without the aid of instruments beyond the boundaries of the site;

• (4) No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation, or other property, or which can cause soiling at any point beyond the boundaries of the site;

(5) In an ML District, no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringlemann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringlemann Chart or smoke of equivalent opacity may be emitted for four minutes in any 30-minute period;

(6) In an ML District, no use, except a temporary construction operation, shall be permitted which creates, at any point beyond the boundaries of the site, noise of a maximum sound pressure level greater than the values given in the following table:

(7) No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the M District when diluted in the ratio of one volume of odorous air to four volumes of clean air;

(8) No use, except a temporary construction operation, shall be permitted which creates vibration, changes in temperature, direct or sky reflected glare, or electrical disturbances detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site;

• (9) No use shall be permitted which emits dangerous radio-activity;

(10) No use shall be permitted which creates insect nuisance beyond the boundaries of the site.

('63 Code, § 10-5.29161)

• (C) Permitted uses.

(1) Manufacturing, assembling, compounding, packaging, and processing of articles or merchandise from the following previously prepared materials: asbestos, bone, canvas, cellophane, cellulose, cloth, cork, feathers, felt, fiber, and synthetic fiber, fur, glass, hair, ink, horn, leather, paint (not employing a boiling process), paper, plastics, precious or semi-precious metals or stones, rubber and synthetic rubber, shells, straw, textiles, tobacco, and wood (not including a planing mill or saw mill);

(2) Manufacturing, assembling, compounding, packaging, and processing cosmetics, drugs, pharmaceuticals, perfumes, perfumed toilet soap (not including refining or rendering of fats or oils), and toiletries;

(3) Manufacture of ceramic products, such as pottery, figurines, and small glazed tile, utilizing only previously pulverized slag, providing that kilns are fired only by electricity or gas;

(4) Manufacture and maintenance of electric and neon signs, commercial advertising structures, and light sheet metal products, including heating, and ventilating ducts and equipment, cornices, eaves, and the like;

(5) Manufacture of scientific, medical, dental, and drafting instruments, orthopedic and medical appliances, optical goods, watches and clocks, electronics equipment, precision instruments, musical instruments, and cameras and photographic equipment, except film;

(6) Assembly of small electric appliances, such as lighting fixtures, irons, fans, toasters, and electric toys, but not including refrigerators, washing machines, dryers, dishwashers, and similar home appliances;

(7) Assembly of electrical equipment, such as radio and television receivers, phonographs, and home motion picture equipment, but not including electrical machinery;

(8) Manufacture and assembly of electrical supplies, such as coils, condensers, crystal holders, insulation, lamps, switches, and wire and cable assembly, provided no noxious or offensive fumes or odors are produced;

(9) Manufacture of cutlery, hardware, and hand tools, die and pattern making, metal stamping, and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils;

• (10) Manufacturing, canning, and packing of food products, including fruits and vegetables, but not including meat products, pickles, sauerkraut, vinegar, or yeast, dehydrating of garlic or onions, or refining or rendering of fats and oils;

• (11) Processing, packing, and canning of seafood for human consumption, not including processing seafood for fish oils;

• (12) Bakeries;

• (13) Blacksmith shops;

• (14) Boat buildings;

• (15) Bottling works;

• (16) Building material storage yards;

• (17) Bus depots;

• (18) Cold storage plants;

• (19) Contractors' equipment yards;

• (20) Dairy products plants;

• (21) Freight forwarding terminals;

• (22) Furniture manufacture;

• (23) Ice manufacture;

• (24) Janitorial services and supplies;

• (25) Kennels;

• (26) Laboratories;

• (27) Laundry and cleaning plants;

• (28) Lumber yards, not including planing mills or saw mills;

• (29) Machine shops not involving the use of drop hammers, automatic screw machines, or punch presses with a rated capacity of over 20 tons;

• (30) Mattress manufacture;

• (30.1) Medical cannabis cultivation facilities, indoor, not more than 10,000 square feet of cultivation area, subject to the provisions of Chapter 158;

• (30.2) Medical cannabis distribution facilities, subject to the provisions of Chapter 158;

(30.3) Medical cannabis manufacturing facilities, non- volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158;

(30.4) Medical cannabis manufacturing facilities, non- volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158;

• (30.5) Medical cannabis testing facilities subject to the provisions of Chapter 158;

• (30.6) Medical cannabis transportation facilities, co- located with a distribution facility, subject to the provisions of Chapter 158;

• (30.7) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158;

• (31) Metal finishing and plating;

• (32) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (33) Offices, not including medical or dental offices;

• (34) Printing, lithographing, and engraving;

• (35) Public utility and public service pumping stations, equipment buildings and installations, service yards, power stations, drainage ways and structures, storage tanks, and transmission lines;

• (36) Railroad stations;

• (37) Repair shops, including electrical, glass and automotive;

• (38) Sheet metal shops;

• (39) Storage yards for commercial vehicles;

• (40) Textile, knitting and hosiery mills;

• (41) Trucking terminals;

• (42) Veterinarians’ offices and small animal hospitals;

• (43) Warehouses, except for the storage of fuel or flammable liquids;

• (44) Welding shops;

• (45) Woodworking shops and cabinet shops;

• (46) Pickup truck camper and canopy assembly;

• (47) Retail sales establishments with single occupant floor areas of 40,000 square feet or larger;

• (48) Wholesale stores with single occupant floor areas of 40,000 square feet or larger and public utility building, and uses;

• (49) Parking lots;

• (50) Accessory structures and uses located on the same site as a permitted use.

• (‘63 Code, § 10-5.29162)

• (51) Emergency shelters pursuant to the requirements and regulations contained in § 156.041 of this chapter; and

(52) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit pursuant to Chapter 159.

(D) Conditional uses.

• (1) The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (a) Accessory structures and uses located on the same site as a conditional use;

• (b) Motor vehicle wrecking yards and scrap metal yards;

• (c) Oil and gas pipelines;

• (d) Recreational vehicle parks in accordance with the regulations prescribed in §§ 155.230 through 155.232 of this title.

• (e) Storage of fuel and flammable liquids;

• (f) Storage of logs or wood chips;

• (g) Gymnastics schools and health clubs;

• (h) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159;

• (i) Medical cannabis dispensing facilities, subject to the provisions of Chapter 158; and

• (j) Medical cannabis manufacturing facilities, volatile, 1,500 square feet or less of floor area, subject to the provisions of Chapter 158.

(2) The following conditional uses shall be permitted upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

(a) Medical cannabis cultivation facilities, indoor, with 10,000 square feet or less of cultivation area, subject to the provisions of Chapter 158.

(3) Any of these uses listed as permitted uses in the MG District provided that, on the basis of the use permit application and evidence submitted, the Planning Commission makes the following findings:

(a) The consideration of all determinable characteristics of the use that is the subject of the application indicates that the use has the same essential characteristics as the uses listed as permitted uses in the ML District with respect to the method of

operations, type of process, materials, equipment, structures, storage, and appearance;

• (b) That the use will conform with each of the principles and standards prescribed for uses in the ML District;

(c) That the use will not create significantly, more vehicular or rail traffic than the volumes normally created by the permitted uses of the ML District.

('63 Code, § 10-5.29163)

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

• ('63 Code, § 10-5.29164)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

• ('63 Code, § 10-5.29165)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

• ('63 Code, § 10-5.29166)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review.

('63 Code, § 10-5.29167)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 489-C.S., passed 3-12-89; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 551-C.S., passed 12-17-92; Am. Ord. 631-C.S., passed 9-7-99; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the MG General Industrial Districts are included in the zoning regulations to achieve the following purposes:

• (1) To reserve appropriately located areas for industrial plants and related activities;

• (2) To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;

• (3) To protect residential and commercial properties and to protect nuisance-free, nonhazardous industrial uses from noise,

odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;

(4) To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships with each other;

(5) To provide adequate space to meet the needs of modern industrial developments, including off-street parking and truck loading areas and landscaping;

(6) To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and agricultural districts;

(7) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

(8) To provide locations where industries that are incompatible with most other land uses can operate with minimum restriction and with minimum adverse effect on other uses.

('63 Code, § 10-5.29170)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation, or other property, or which can cause soiling at any point beyond the boundaries of the site. In an MG District, no use, except a temporary construction operation, shall be permitted which creates, at any R District boundary, noise of a maximum sound pressure level greater than the values given in the following table:

(3) No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the M District when diluted in the ratio of one volume of odorous air to four volumes of clean air;

(4) No use, except a temporary construction operation, shall be permitted which creates vibration, changes in temperature, direct or sky reflected glare, or electrical disturbances detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site;

• (5) No use shall be permitted which emits dangerous radioactivity;

• (6) No use shall be permitted which creates insect nuisance beyond the boundaries of the site.

• ('63 Code, § 10-5.29172)

• (C) Permitted uses. The following uses, shall be permitted:

• (1) All uses listed as permitted uses in the ML District;

• (2) Aircraft and aircraft accessories and parts manufacture;

• (3) Automobile, trucks, and trailer accessories and parts manufacture;

• (4) Automobile, truck, and trailer assembly;

• (5) Bag cleaning;

• (6) Boiler works;

• (7) Box factories and cooperages;

• (8) Breweries and distilleries;

• (9) Building materials manufacture and assembly, including composition wallboards, partitions, panels, and prefabricated structures;

• (10) Business machines manufacture, including accounting machines, calculators, cardcounting equipment, and typewriters;

• (11) Can and metal container manufacture;

• (12) Candle manufacture, not including rendering;

• (13) Carpet and rug manufacture;

• (14) Cement products manufacture, including concrete mixing and batching;

• (15) Chemical products manufacture provided no hazard of fire or explosion is created, including adhesives, bleaching

products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds, and vegetable gelatin, glue, and size;

• (16) Clay products manufacture, including brick, fire brick, tile, and pipe;

• (17) Cork manufacture;

• (18) Electronics manufacturing;

• (18.1) Emergency shelters pursuant to the requirements and regualtions contained in § 156.041 of this chapter.

• (19) Firearms manufacture;

• (20) Flour, feed and grain mills;

(21) Food products manufacture, including such processes as cooking, dehydrating, roasting, refining, pasteurization, and extraction involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, glucose, milk and dairy products, molasses and syrups, oleomargarine, pickles, rice, sauerkraut, sugar, vegetable oils, and yeast;

• (22) Glass and glass products manufacture;

• (23) Gravel, rock, and cement yards;

• (24) Hair, felt, and feathers processing;

• (25) Insecticides, fungicides, disinfectants, and similar industrial and household chemical compounds manufacture;

• (26) Jute, hemp, sisal, and oakum products manufacture;

• (27) Leather and fur furnishing and dyeing, not including tanning and curing;

• (28) Machinery manufacture, including heavy electrical, agricultural, construction, and mining machinery, and light

machinery and equipment, such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces, heaters, refrigerators, ranges, stoves, ovens, and washing machines;

• (29) Machine tools manufacture, including metal lathes, metal presses, metal stamping machines, and woodworking machines;

• (30) Match manufacture;

• (31) Meat products processing and packaging, not including slaughtering and glue and size manufacture;

• (31.1) Medical cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158;

• (31.2) Medical cannabis distribution facilities subject to the provisions of Chapter 158;

• (31.3) Medical cannabis manufacturing facilities, non- volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158;

• (31.4) Medical cannabis manufacturing facilities, non- volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158; (31.5) Medical cannabis testing facilities subject to the provisions of Chapter 158; (31.6) Medical cannabis transportation facilities, co- located with a distribution facility, subject to the provisions of Chapter 158; (31.7) Medical cannabis transportation facilities, located separate from a distribution facility, subject to the provisions of Chapter 158;

• (32) Metal alloys and foil manufacture, including solder, pewter, brass, bronze, and tin, lead, and gold foil;

• (33) Metal casting and foundaries, not including magnesium foundaries;

(34) Mobile vendors as prescribed in §§ 155.220 through 155.221; (35) Motor and generator manufacture; (36) Motor testing of internal combustion motors;

• (37) Painting, enameling, and lacquering shops;

• (38) Paper products manufacture, including shipping containers, pulp goods, carbon paper, and coated paper stencils; (39) Paraffin products manufacture;

• (40) Plastics manufacture;

• (41) Porcelain products manufacture, including bathroom and kitchen fixtures and equipment;

• (42) Railroad equipment stations manufacture, including railroad car and locomotive manufacture; (43) Railroad freight stations, repair shops, and yards;

• (44) Rubber products manufacture, including tires and tubes;

• (45) Sandblasting;

• (46) Shoe polish manufacture;

• (47) Starch and dextrine manufacture;

• (48) Steel products manufacture and assembly, including steel cabinets, lockers, doors, fencing and furniture;

(49) Stone products manufacture and stone processing, including abrasives, asbestos, stone screening and sand and lime products;

• (50) Structural steel products manufacture, including bars, girders, rails and wire rope;

• (51) Textile bleaching;

• (52) Wire and cable manufacture;

• (53) Wood and lumber processing and woodworking, including planing mills, saw mills, excelsior, plywood, veneer, and wood- preserving treatment;

• (54) Wood scouring and pulling.

• ('63 Code, § 10-5.29172)

• (D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Airports and heliports;

• (2) Asphalt and asphalt products manufacture;

• (3) Cement, lime, gypsum, and plaster of paris manufacture;

• (4) Charcoal, lampblack, and fuel briquettes manufacture;

(5) Chemical products manufacture, including acetylene, aniline dyes, ammonia, carbide, caustic, soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxylin, rayon yarn, and carbolic, hydrochloric, picric, and sulfuric acids;

• (6) Coal, coke, and tar products manufacture;

• (7) Drop forges;

• (8) Dumps and slag piles;

• (9) Fertilizer manufacture;

• (10) Film manufacture;

• (11) Fireworks manufacture and storage;

• (12) Fish products processing and packaging;

• (13) Garbage dumps;

• (14) Gas manufacture or storage;

• (15) Gas and oil wells;

• (16) Gelatine, glue, and size manufacture from animal or fish refuse;

• (17) Incineration or reduction of garbage, offal, and dead animals;

• (18) Junk yards;

• (19) Lard manufacture;

• (20) Linoleum and oil cloth manufacture;

• (21) Magnesium foundries;

• (22) Manure, peat, and topsoil processing and storage;

• (22.1) Medical cannabis cultivation facilities, mixed light, not more than 10,000 square feet of cultivation area, subject to the provisions of Chapter 158;

• (22.2) Medical cannabis dispensing facilities subject to the provisions of Chapter 158;

• (22.3) Medical cannabis manufacturing facilities, volatile, more than 1,500 square feet of floor area, subject to the provisions of Chapter 158;

• (22.4) Medical cannabis manufacturing facilities, volatile 1,500 square feet or less of floor area, subject to the provisions of Chapter 158;

• (23) Metal and metal ores reduction, refining, smelting, and alloying;

• (24) Motor vehicle wrecking yards;

• (25) Oil and gas pipelines;

• (26) Paint manufacture, including enamel, lacquer, shellac, turpentine, and varnish;

• (27) Paper mills;

• (28) Petroleum and petroleum products storage;

• (29) Pulp mills;

• (30) Rifle ranges;

• (31) Rolling mills;

• (32) Rubber manufacture or processing, including natural or synthetic rubber and gutta-percha;

• (33) Soap manufacture, including fat rendering;

• (34) Steam plants;

• (35) Stockyards and slaughterhouses;

• (36) Storage of inflammable liquids;

• (37) Storage of used building materials;

• (38) Tallow manufacture;

• (40) Tanneries and curing and storage of rawhides;

• (41) Wood and bones distillation;

• (42) Wood pulp and fiber reduction and processing;

• (43) Storage of logs or wood chips;

(44) Accessory structures and uses located on the same site as a conditional use; and

• ('63 Code, § 10-5.29173)

(45) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159.

(D.1) Minor conditional uses. The following conditional uses shall be permitted upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Medical cannabis cultivation facilities, indoor, 10,000 square feet or less of cultivation area, subject to the provisions of Chapter 158.

• (E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.29174)

• (F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29175)

(G) Signs. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29176)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review. ('63 Code, § 10-5.29177)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 631-C.S., passed 9-7-99; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the P Public District is included in the zoning regulations to provide a procedure for the orderly establishment of public facilities, expansion of their operations, or changes in the use of lands owned by governmental agencies. The PF/M Public Facility/Marina District is further specifically included in the zoning regulations to give full recognition to the approval, in 1976, of a marina and associated developments on a portion of Woodley Island and adjacent waters (NCR-76-C-369 and City of Eureka Planning Commission Permit Resolution 7625, extended by Resolution 78-39).

('63 Code, § 10-5.29180)

(B) Required conditions.

(1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title. Each yard space shall be not less than the yard required in the district adjoining or directly across a street from each property line, but the Planning Commission may require larger yards and may establish limits to height, bulk, and coverage as a condition of a use permit in order to ensure compatibility with adjoining uses.

(2) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust,

smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or truck traffic or to involve any hazard of fire or explosion.

('63 Code, § 10-5.29181)

(C) Permitted uses. Each use and structure existing in a P District as of the adoption date of these regulations is hereby declared to be a conforming use and structure.

• (1) Airports;

• (2) Animal shelters;

• (3) Boat harbors and wharves;

• (4) Cemeteries;

• (5) Corporation yards;

• (6) Fire stations;

• (7) Hospitals;

• (8) Libraries;

• (9) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (10) Offices;

• (11) Police stations;

• (12) Power stations;

• (13) Pumping stations;

• (14) Public recreation facilities, including parks, playgrounds, zoos, and golf courses;

• (15) Public buildings and grounds;

(16) Public schools, including nursery, elementary, junior high, and high schools, colleges and universities;

• (17) Reservoirs;

• (18) Sewage treatment plants;

• (19) Storage tanks;

(20) Uses which are accessory and incidental to a permitted use; and

• (‘63 Code, § 10-5.29182)

(21) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit issued pursuant to Chapter 159.

(D) Conditional uses. The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title:

• (1) Oil and gas pipelines;

(2) Parking facilities located on a site separated from the use which the facilities serve;

(3) Storage or processing of materials or equipment accessory to other permitted or conditional uses; and

('63 Code, § 10-5.29185)

(4) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159 .

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.124 of this title.

('63 Code, § 10-5.29184)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29185)

(G) Signs. No sign, outdoor structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29186)

(H) Architectural review. All uses shall be subject to architectural review as prescribed in §§ 155.180 through 155.188 of this title.

('63 Code, § 10-5.29187)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 842-C.S., passed 7-19-16) Penalty, see § 150.999

(A) Purposes. The purposes of this district shall be to encourage, protect, maintain, and provide commercial fishing facilities and uses related to the commercial fishing industry, and to provide for all of the specific land uses granted to the Humboldt Bay Harbor, Recreation, and Conservation District through coastal development permit NCR-76-C-369 and the underlying the Planning Commission Permit Resolutions 76-25 and 78-39 (extension).

(B) Permitted uses. Consistent with coastal development permit NCR-76-C-369, permitted uses within that part of Woodley Island and adjacent waters designated for development shall be limited to:

• (1) Docks, piers (including recreational fishing piers), and wharves;

• (2) Boat launching facilities;

• (3) Commercial fishing facilities and fishing boat berthing facilities;

(4) Recreational boating facilities and boat berthing facilities (not to exceed 30% of the total number of berths permitted by the 1976 coastal permit);

• (5) Two restaurants;

• (6) Offices and shops directly related to marine uses;

• (7) Ice vending stations;

• (8) Marine and boat sales, services, and repairs;

• (9) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (10) On-site fish sales and processing incidental to permitted restaurants;

• (11) Parking; and,

• (12) Public access facilities.

(C) Conditional uses. A third restaurant, on-site incidental fish sales and processing, and wireless telecommunication facilities subject to the provisions of Chapter 159 shall be conditionally permitted, provided such uses do not displace current or projected demand for permitted uses and necessary support facilities, including parking. Conditional uses shall be designed and located so as not to interfere with permitted uses.

(D) Parking, loading, signs, and architectural review. Off-street parking and loading facilities; signs, outdoor advertising structures and other displays; and architectural treatment shall be regulated as provided, respectively, in §§ 155.115 through 155.188 of this title.

(‘63 Code, § 10-5.29188) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 842-C.S., passed 7-1916) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, PD Planned Unit Development Combining Districts are included in the zoning regulations in order to provide locations for well-planned developments that conform with the Local Coastal Program although the developments may vary except for application of the standards contained in §§ 156.050 through 156.056 of this chapter, from the zoning map and district regulations. The planned unit development provisions are intended to allow freedom of design in order to obtain development that will be an asset to the city and enhance coastal resources by equaling or surpassing the quality required by the regulations for the district with which a PD District is combined. A site may be rezoned to a combined district permitting a planned unit development provided the development complies with all of the regulations prescribed in this chapter.

('63 Code, § 10-5.29190)

(B) Combining districts. A Planned Unit Development District may be combined with an R, OR, C, or M District by a change of district to a Combined Planned Unit Development District in accord with the provisions of §§ 155.350 through 155.362 of this title, provided the findings prescribed in §§ 155.350 through 155.362 of this title are made. A Planned Unit Development District shall be designated by the letters PD following the full R, OR, C, or M District designation.

('63 Code, § 10-5.29191)

(C) Required conditions.

(1) Site area. The site shall be at least three acres in area and shall have a frontage of at least 100 feet on a public street, provided that the minimum site area requirement shall not apply to a redevelopment project as defined by the California

Community Redevelopment Law. All of the site area shall be in one ownership at the time of a change of district to a Combined Planned Unit Development District; the site may include a combination of separately recorded properties.

(2) Site area per dwelling unit. For the purpose of determining the number of dwelling units permitted in a PD District, all street rights-of-way, or equivalent private vehicular accessways, and all areas occupied by landscaping, natural vegetation, or water, and available for the use of all residents of the PD District, shall be subtracted, and the remaining area shall be divided by the minimum site area per dwelling unit required in the district with which the PD District is combined. The maximum number of

units that would be permitted if the site were not in a PD District may be increased by not more than 10%.

(3) Open space. In addition to the usable open space per dwelling unit required in the RM-2,500 District, a planned unit development containing dwellings shall include open space occupied by landscaping, natural vegetation, or water, and available for the use of all residents of the PD District, equal to not less than 10% of the minimum site area per dwelling unit in the district with which the PD District is combined times the number of dwelling units in the PD District. The Planning Commission shall require appropriate location, development, and provisions for perpetual maintenance of the open space to serve the needs of residents of a planned unit development.

(4) Additional requirements. Additional site development requirements shall include, but not be limited to, the following:

(a) Except as provided in this division, a planned unit development shall meet all of the requirements of §§ 155.025 through 155.036 of this title for the district in which it is located.

• (b) Vehicular and pedestrian traffic shall be separated, and pedestrian access shall be through landscaped areas, not through alley-like approaches.

• (c) Buildings shall be placed so as to create a variety of open areas thereby eliminating a corridor or barracks-like effect.

• (d) Walks, steps, parking areas, and recreation areas shall be lighted for safe and convenient night use.

• (e) Parking areas and drives shall be designed to minimize traffic hazards and adverse visual impact.

• (f) Desirable natural features of the site, including trees, shall be preserved where feasible.

• (g) Landscaping shall be provided to enhance the appearance of buildings and grounds, to screen unsightly features, and to control erosion.

('63 Code, § 10-5.29192)

(D) Use permits required. No zoning permit shall be issued for any site in a PD District until a use permit for the entire PD District has been granted in accord with the provisions of §§ 155.280 through 155.299 of this title.

('63 Code, § 10-5.29193)

(E) Plans required. In lieu of the map required by § 155.281(B)(2) of this title, an application for a use permit for a planned unit development shall be accompanied by a plan of the entire planned unit development, drawn to scale, and showing the contours of the site at intervals of not more than five feet; provisions for drainage of surface waters; watercourses; railroad and public utility rights-of-way; streets, driveways, and pedestrianways; lot layout; schools, parks, playgrounds, and other open spaces; dwelling types; nonresidential uses; locations, elevations, and schematic floor plans of structures; locations and the design of landscaped areas. The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the numbers and floor areas of each of the various dwelling types proposed and the net site area per dwelling unit. The Director of Planning may require additional information or drawings if necessary to evaluate the application.

('63 Code, § 10-5.29194)

(F) Conditional uses. A planned unit development shall include only uses permitted, either as permitted uses or conditional uses, in the zoning district with which the PD District is combined, provided that any use permitted in an RS or RM District as a permitted use or as a conditional use, or any combination of such uses, may be included in a planned unit development located in an R District.

('63 Code, § 10-5.29195)

(G) Status of approved plans for planned unit developments. The approved site plan for a planned unit development shall govern all development on the site. If approval is granted for subsequent division of the Planned Unit Development District into two or more parcels, the approved plan shall govern the development of each of the separate parcels. ('63 Code, § 10-5.29196)

(H) Subdivision of planned unit developments. The Planning Commission may approve the subdivision of a planned unit development into lots or as a condominium if the Commission finds that adequate provisions are in force to ensure the perpetual

maintenance of all areas and improvements proposed to be owned in common, or to be maintained in common, and to ensure that additional development will conform with the approved plan.

('63 Code, § 10-5.29197)

(I) Architectural review. All uses shall be subject to architectural review as prescribed in §§ 155.180 through 155.188 of this title.

('63 Code, § 10-5.29198)

(Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Purposes.

(1) Site plan review. In order to preserve and enhance the city's site, to prevent the clearing of property and destruction of trees, shrubs, or other significant natural vegetation inconsistent with the provisions of this Local Coastal Program, to prevent excessive grading of hillsides and the creation of drainage hazards or the diversion of water from identified wetlands, to ensure that structures are properly related to their sites and to surrounding sites, structures, and nearby traffic circulation, and that parking areas, walkways, and landscaping are arranged to accomplish the objectives of this chapter and Chapter 155 of this title, site plans for certain permitted uses and structures shall be subject to site plan review by the Design Review Committee. The ugly, the inharmonious, the monotonous, and the hazardous shall be barred, but originality and creativity in site planning shall not be suppressed.

(2) Architectural review. In order to prevent the erection of structures or signs that would be inharmonious with their surroundings or would have an adverse effect on the value of property or improvements in the vicinity, uses and structures and certain signs in the AR and PD Districts and conditional uses in all districts shall be subject to architectural review by the Design Review Committee. The ugly, the inharmonious, the monotonous, and the hazardous shall be barred, but originality in architecture, site planning, and landscape and graphic design shall not be suppressed. Review shall include exterior design, materials, textures, and colors but shall not consider elements of the design that do not affect exterior appearance. In reviewing proposals for development in AR Districts that have an established historical character, the Design Review Committee shall recommend disapproval of drawings for a structure or a sign that would be inharmonious with surrounding development, but the Committee shall not require that new structures duplicate a historic architectural style as a condition of approval. ('63 Code, § 10-5.29200)

(B) Design Review Committee.

(1) There is hereby created a Design Review Committee which shall review drawings and report to the Planning Commission when prescribed in this chapter. The Design Review Committee shall consist of three members: the Director of Community Development, the Building Official who shall serve ex officio, and a person qualified by reason of training or experience in architecture, land development, city planning, real estate, landscape architecture, or other relevant business or profession, or by reason of sound judgment, to judge the effects of a proposed development on the community, who shall be appointed by the Mayor with confirmation by the Council for a term ending on January 1 of each year. If the membership of the Committee does not include an architect, the Committee shall by unanimous agreement invite an architect, who may not be a resident of the city, to serve in an advisory capacity. In the event the Committee is required to review drawings for a project in which one of its members or its advisors has a business or professional interest, it shall seek the advice of a disinterested architect.

(2) The Design Review Committee shall hold two regular meetings each month at a time to be designated by the Committee, except that a meeting may be canceled if no drawings in conformity with the other requirements of this chapter have been submitted for review. Reports of the Committee shall have the concurrence of at least two members. The Director of Community Development shall serve as secretary to the Committee. ('63 Code, § 10-5.29201)

(C) Drawings to be approved.

(1) No zoning permit for a use or for a structure or enlargement of existing use or structure that is subject to site plan review as prescribed in this chapter shall be issued until the drawings required by division (D)(1) of this section have been approved by the Design Review Committee, the Planning Commission, or the Council.

(2) No zoning permit for a use or for a structure or sign or exterior alteration, enlargement, or major remodeling of an existing use, structure, or sign that is subject to architectural review as prescribed in this chapter shall be issued until the drawings required

by division (D)(2) of this section have been approved by the Design Review Committee, the Planning Commission, or the Council. (3) No zoning permit for a use or structure in the CP Planned Shopping Center Commercial District shall be issued until drawings of development plans for the entire CP District as prescribed in this chapter have been approved in accordance with the procedures prescribed in this chapter.

('63 Code, § 10-5.29202)

• (D) Drawings to be submitted.

(1) Site plan review. The owner of the site or his or her authorized agent shall submit the following drawings to the Director of Community Development at the time of or prior to applying for a zoning permit:

(a) A site plan, drawn to scale, showing the proposed layout of structures and other improvements, including, where appropriate, driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles;

(b) A landscape plan, drawn to scale, showing the locations of natural resource areas as defined in Policies 5.5 and 5.7 of the LUP, existing trees proposed to be removed and proposed to be retained on the site, the location and design of landscaped areas, and the varieties of plant materials to be planted therein, and other landscape features;

(c) Drawings showing the height and bulk of proposed structures and schematic floor plans showing sufficient detail to permit computation of yard requirements;

• (d) Grading plans; and,

• (e) The Design Review Committee or the Director of Community Development may require additional information if necessary to determine whether the purposes of this chapter are being carried out.

(2) Architectural review. In addition to the drawings required by subdivisions (2)(a), (b), and (d) of this division, the owner of the site or his or her authorized agent shall submit the following drawings to the Director of Community Development at the time of or prior to applying for a zoning permit:

(a) Architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified;

(b) Scale drawings of all signs subject to architectural review showing the size, location, material, colors, and illuminations, if any;

(c) The Design Review Committee or the Director of Community Development may require additional information if necessary to determine whether the purposes of this chapter are being carried out. ('63 Code, § 10-5.29203)

(E) Referral to Design Review Committee. The Director of Community Development shall check all drawings submitted for site plan review or architectural review. If he or she finds that the plans meet the requirements of this chapter, subject to site plan review or architectural review, he or she shall submit the drawings to the Design Review Committee. If the Director of Community Development determines that a zoning permit could not be issued without the granting of a use permit, the granting of a variance, or the enactment of an amendment to this chapter, he or she shall inform the applicant and shall not submit the drawings to the Design Review Committee.

('63 Code, § 10-5.29204)

(F) Action of Design Review Committee.

(1) Within 21 days of the date of the drawings meeting all other requirements of this chapter were submitted for site plan review or architectural review, the Design Review Committee shall approve the drawings or shall submit a written report to the Planning Commission recommending conditional approval, modification, or disapproval. Conditions may include, but shall not be limited to, the conditions prescribed in §§ 155.280 through 155.299 of this title.

(2) If the Committee approves the drawings, or if the conditions or modifications recommended by the Committee are acceptable to the applicant, the drawings shall be approved in the form recommended by the Committee.

(3) Failure of the Committee to act within 21 days of the date of submission shall be deemed approval of the drawings unless a time extension is requested by the applicant.

('63 Code, § 10-5.29205)

• (G) Action of Planning Commission.

(1) Within 30 days after the Design Review Committee has recommended conditional approval, modification, or disapproval of the drawings, the Planning Commission shall approve, conditionally approve, or disapprove the drawings or shall request the applicant to revise them.

(2) Revised drawings shall be reviewed as prescribed for drawings first submitted.

(3) Failure of the Commission to act within 30 days following the action of the Design Review Committee shall be deemed approval of the drawings unless a time extension is requested by the applicant and granted by the Commission.

('63 Code, § 10-5.29206)

(H) Appeals to Council.

(1) Within 10 days following the date of a decision by the Planning Commission, the decision may be appealed to the Council by the applicant or any other aggrieved person. The appeal shall be made on a form prescribed by the Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein the decision of the Commission is not in accord with the purposes prescribed in division (A) of this section.

(2) Within five days of the filing of an appeal, the secretary shall transmit to the Council the drawings, the report of the Design Review Committee, and the minutes of the Commission meeting at which the drawings were considered.

(3) The City Clerk shall notify the applicant of the time when the appeal will be considered by the Council. ('63 Code, § 10-5.29207)

(I) Action of Council.

(1) Within 30 days following an appeal of a decision of the Planning Commission, the Council shall affirm, reverse, or modify the decision provided, if a decision is reversed or modified, the Council shall make a finding that the decision was not in accord with the purposes prescribed in division (A) of this section.

(2) Failure of the Council to act within 30 days of the date of filing an appeal shall be deemed approval of the drawings as submitted by the applicant unless a time extension is requested by the applicant and granted by the Council. ('63 Code, § 10-5.29208)

(Ord. 417-C.S., passed 12-6-84) Penalty, see § 150.999

(A) Purposes. In addition to the objectives prescribed in § 156.002 of this chapter, the Q Qualified Combining District is included in the zoning regulations to achieve the following purposes:

(1) To be combined with any zone in situations where sound and orderly planning indicate that specified principal permitted uses or conditional uses otherwise allowed under the zone should be restricted. Principal uses may be made conditional uses, and/or principal or conditional uses may be disallowed. Uses not otherwise allowed in the zone cannot be added to the zone. The qualified uses shall be specified in the ordinance applying the Q zone to specific property.

(B) Combining Districts. A Q Qualified Combining District may be combined with any other district. All regulations for the district combined with the Q District shall apply except as specified in the Ordinance applying the Q zone to the specific property.

(C) Additional Districts. Additional site development requirements shall include, but not be limited to, the following:

(1) In addition to the requirements prescribed in § 155.351, divisions (A) through (C), an application for combining a district with a Q District shall be accompanied by supporting data and information, including, but not limited to, draft language of the special qualification to the base zone, a discussion why the need of the special qualification, and information supporting a finding that the change is not “spot zoning.”

(Ord. 621-C.S., passed 11-25-97: Am. Ord. 646-C.S., passed 8-21-01)

COASTAL DEVELOPMENT PERMIT PROCEDURES

This part establishes the permit procedures for developments located in the coastal zone as defined in Cal. Pub. Res. Code § 30150. This chapter is based on the Local Coastal Program Implementation Regulations adopted by the California Coastal Commission pursuant to Cal. Pub. Res. Code §§ 30333 and 30501, and as such shall constitute the procedural requirements for review of developments in the coastal zone pursuant to Public Records Code § 30600(d).

('63 Code, § 10-5.29300) (Ord. 417-C.S., passed 12-6-84)

Except as provided in § 156.097(B) of this section, any applicant wishing to undertake a development (defined in § 156.006 of this section) in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the approving authority, provided that the minimum requirements as specified herein are assured.

('63 Code, § 10-5.29302) (Ord. 417-C.S., passed 12-6-84)

(A) Exemptions. The developments listed below shall be exempt from the requirements for a coastal development permit. Requirements for any other permits are unaffected by this section.

(1) Improvements to existing one-family dwellings, except as otherwise specified by Cal. Admin. Code Title 14, § 13250(a) and (b).

(2) Improvements to any structure other than a one-family dwelling or a public works facility, except as otherwise specified by Cal. Admin. Code Title 14, § 13253(a) and (b).

(3) Maintenance dredging of existing channels, except as limited by Cal. Admin. Code Title 14, § 13252.

(4) Repair and maintenance activities which do not result in an addition to or enlargement or expansion of the object of such activities, except as otherwise specified by Cal. Admin. Code Title 14, § 13252.

(5) Activities of public utilities as specified in the Repair, Maintenance and Utility Hookup Exclusion adopted by the Coastal Commission on September 5, 1978.

(6) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division.

(7) The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10%, and shall be sited in the same location on the affected property as the destroyed structure.

(8) Any timeshare conversions of existing multiple unit residential structures. The conversion of a multiple unit residential structure into condominiums, as defined in Cal. Civ. Code § 783, shall not be considered a timeshare project or use for the purpose of this section.

(9) Occupancy permits.

('63 Code, § 10-5.29303)

(B) Notice of exempt development. A permit issued by the city for a development which is exempt from the coastal development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the city, provided that such record includes the applicant's name, the location of the project, and brief description of the project. ('63 Code, § 10-5.29304)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90)

(A) Categorical exclusions. The following categories of development within specified geographic areas of the coastal zone pursuant to the Categorical Exclusion Order E-88-2 are exempt from the permit requirements of this chapter:

(1) The construction, reconstruction, demolition, or alteration of the size, type or intensity of any development of a principally permitted use or uses in the areas of the Eureka Coastal Zone that are zoned for residential, commercial, or industrial development, except for the following:

• (a) Public works facilities or improvements costing more than $250,000.

• (b) The development involves demolition of a structure of architectural or historic significance.

• (2) The clearing of land and/or removal of vegetation.

(3) Lot line and boundary adjustments as defined in Cal. Gov't Code § 66412(d) (Subdivision Map Act) between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

• (4) Grading of less than 100 cubic yards.

• (5) Permits for encroachment into public rights-of-way.

(6) (a) Construction, reconstruction, upgrading, replacement, rehabilitation, or installation of all public works and public facilities (including, but not limited to utility extensions, road improvements, sidewalks, bicycle lanes, street planting, water and sewer systems and the removal of architectural barriers to handicapped persons) costing $250,000 or less.

(b) The upgrading of streets to current city standards within existing rights-of-way where no additional right-of-way is being obtained allowing, however for minor right-of-way acquisitions at intersections.

(7) Wall mounted signs, located on-site, less than 24 square feet in size, nor higher than the vertical wall to which they are attached, located within the “CW,” “CS,” or “CP” zoning designations of the Eureka Local Coastal Program, except as follows: Lots or parcels within or visible from scenic coastal resource areas, as defined in the Eureka Local Coastal Program.

• (8) Subdivision and parcel maps of five parcels or less.

('63 Code, § 10-5.29304.1)

(B) Notice of excluded development. A permit issued by the city for a development which is exempt from the coastal

development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for excluded development which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the city, provided that such record include the applicant's name, the location of the project and brief description of the project. ('63 Code, § 10-5.29304.2)

(Ord. 519-C.S., passed 8-26-90)

(A) Application requirements. Applications for coastal development permits shall be filed with and on forms provided by the Community Development Department. Where required by this chapter, applications for coastal development permits shall be made prior to or concurrently with application for any other permit or approvals required for the project by this chapter. The application shall include the following data:

• (1) Name and address of the applicant;

• (2) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;

• (3) Address or description of the property; and,

• (4) Detailed project description and project information required in the supplement to the application. ('63 Code, § 10-5.29304.3)

• (B) Maps. The application shall be accompanied by the following plans and drawings:

• (1) An accurate scale drawing of the site showing all existing and proposed improvements;

• (2) An accurate scale drawing of the development floor plan and building elevations (as applicable); and,

(3) Any additional information determined by the Director of Community Development to be necessary for evaluation of the proposed development.

('63 Code, § 10-5.29304.4)

(C) Fees. The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling the application as prescribed in this chapter.

• ('63 Code, § 10-5.29304.5)

• (Ord. 519-C.S., passed 8-26-90)

(A) Action to approve, condition or deny a coastal development permit shall be taken only by the Director of Community Development, the Planning Commission, or the City Council.

(B) To the extent possible, action on a coastal development permit should be taken concurrently with action on other permits or approvals required by this chapter for the project, in accordance with the following procedures:

(1) Where action on other permits or approvals is to be taken by the Director of Community Development or should the project require no permit or approval other than a coastal development permit, the Director of Community Development shall act on the coastal development permit.

(2) The Director of Community Development may, at his or her discretion, refer the coastal development permit to the Planning Commission for action.

(3) Where action on other permits or approvals is to be taken by the Planning Commission, the Planning Commission shall act on the coastal development permit concurrently with action on the other required permit or approval.

(4) Where action on other permits or approvals is to be taken by the City Council, the Council shall act on the coastal development permit concurrently with action on the other required permit or approval.

(5) Where action on other permits or approvals is to be taken by more than one decision-making body, the body with the highest decision making authority shall act on the coastal development permit.

(‘63 Code, § 10-5.29304.6) (Ord. 519-C.S., passed 8-26-90; Am. Ord. 818-C.S., passed 11-3-15)

Except as provided in § 156.104, at least one public hearing shall be held on each application for development, thereby affording any persons the opportunity to appeal at the hearing and inform the city of the nature of their concerns regarding the project. Notice of such hearing shall be provided pursuant to § 156.103 of this chapter. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

(‘63 Code, § 10-5.29305) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 834-C.S., passed 6-7-16)

If a decision on a development permit is continued by the city to a time which is neither previously stated in the notice provided pursuant to § 156.103 nor announced at the hearing as being continued to a time certain, the city shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in this chapter.

(‘63 Code, § 10-5.29306) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 834-C.S., passed 6-7-16)

(A) Unless specified otherwise, when a public hearing is required pursuant to Title XV for development in the coastal zone, notice of the public hearing shall be provided in the following manner:

• (1) The notice shall include:

• (a) A statement that the development is within the coastal zone;

• (b) The date of filing of the application and the name of the applicant;

• (c) The number assigned to the application;

• (d) The identity of the hearing body or officer;

• (e) The date, time, and place of the public hearing;

• (f) A general explanation of the matter to be considered;

• (g) A general description, in text and/or by diagram, of the location of the real property, if any, that is the subject of the hearing, including the Assessor's parcel number(s) and street address(es);

• (h) The general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision; and

• (i) The system for local and Coastal Commission appeals, including any local fees required.

• (2) The notice shall be mailed by first class mail or delivered at least ten days prior to the hearing to:

• (a) The owner of the subject real property, the owner's duly authorized agent, and the project applicant, if any;

• (b) For projects appealable to the Coastal Commission: all owners and residents of real property within 100 feet of the real property that is the subject of the hearing;

• (c) For conditional uses not appealable to the Coastal Commission: all owners of real property within 300 feet and residents within 100 feet of the real property that is the subject of the hearing;

• (d) The Coastal Commission; and

(e) Any person who has filed a written request for notice with the City Clerk or Secretary of the Planning Commission or Historic Preservation Commission.

(f) Owner information shall be as shown on the latest equalized assessment roll. Instead of using the assessment roll, the city may use records of the County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll.

(g) The city may charge a fee which is reasonably related to the costs of providing the notice requested in § 156.103(B)(2)

(e) and the city may require each request to be annually renewed.

(3) A notice approximately two and a-half by three feet shall be posted in a conspicuous place on or near the property affected.

(B) In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(C) Substantial compliance with these provisions to notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. Failure to post notice shall not invalidate the proceedings.

(D) The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions for which the notice was given.

(‘63 Code, § 10-5.29307) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 834-C.S., passed 6-7-16)

A notice of pending development approval shall be provided as prescribed in § 156.103 of this subchapter, except:

(A) The notice shall be mailed at least 15 days prior to the local decision; and

(B) The notice shall contain a statement that a public comment period of at least 14 working days shall be provided to allow for the submission of comments by mail prior to the local decision.

(‘63 Code, § 10-5.29308) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 834-C.S., passed 6-7-16)

(A) The determination of whether a development is categorically excluded, or appealable for purposes of notice, hearing and appeals shall be made by the city at the time the application for development is submitted. This determination shall be made with reference to the certified Local Coastal Program, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as a part of the certified Local Coastal Program.

(B) Where an applicant, interested person, or the city has a question as to the appropriate procedures, the following procedures shall be followed:

(1) The city shall make its determination as to what type of development is being proposed (such as, exempt, categorically excluded, appealable nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by the designated approving authority;

(2) If the determination of the city is challenged by the applicant or an interested person, or if the city wishes to have a Commission determination as to the appropriate designation, the city shall notify the Commission by telephone of the

dispute/question and shall request an Executive Director's opinion;

(3) The Executive Director shall within two working days of city request (or upon completion of a site inspection where such an inspection is warranted) transmit a determination as to whether the development is exempt, categorically excluded, nonappealable or appealable;

(4) Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the city determination, the Commission shall hold a hearing for the purpose of determining the appropriate designation for the next Commission meeting in the appropriate geographic region following the city request. ('63 Code, § 10-5.29310) (Ord. 417-C.S., passed 12-6-84)

A coastal development permit shall be approved only upon making the finding that the proposed development conforms to the policies of the certified local coastal program.

('63 Code, § 10-5.29310.1) (Ord. 519-C.S., passed 8-26-90)

Development pursuant to an approved coastal development permit shall not commence until all applicable appeal periods expire, or, if appealed, until all appeals, including to the Coastal Commission, if applicable, have been exhausted.

(A) Action by the Director of Community Development on coastal development permits may be appealed to the Planning Commission by the applicant, or an aggrieved person as defined in § 156.006, or the Planning Commission or City Council on their own motion. The appeal and accompanying fee established by resolution of the Council, must be filed with the City Clerk within 10 calendar days of the decision. The appeal shall be made on forms provided by the city and shall state why the decision of the Director of Community Development is not in accord with the city’s Local Coastal Program and or why it is believed that there was an error or an abuse of discretion by the Director of Community Development.

(B) Upon notification that an appeal of the action of the Director of Community Development has been filed with the City Clerk, the Secretary shall set a public hearing before the Planning Commission. Notice shall be sent in the manner prescribed in § 156.103 of this subchapter.

(C) Action by the Planning Commission on coastal development permits may be appealed to the City Council by the applicant or an aggrieved person as defined in § 156.006 or the City Council on its own motion. The appeal and accompanying fee established by resolution of the Council, must be filed with the City Clerk within ten calendar days of the decision. The appeal shall be made on forms provided by the city and shall state why the decision of the Planning Commission is not in accord with the city's Local Coastal Program and or why it is believed that there was an error or an abuse of discretion by the Planning Commission.

(D) Upon notification that an appeal of the action of the Planning Commission has been filed with the City Clerk, the City Clerk shall set a public hearing before the City Council. Notice shall be sent in the manner prescribed in § 156.103 of this subchapter.

(E) Coastal development permits for developments which are subject to the appeal jurisdiction of the Coastal Commission as specified in § 156.006 of this chapter, may be appealed to the Coastal Commission once the appellant has exhausted local appeals pursuant to § 156.112 of this subchapter. Appeals shall be made in a manner consistent with the Coastal Commission’s guidelines. (‘63 Code, § 10-5.29310.2) (Ord. 519-C.S., passed 8-26-90; Ord. 676-C.S., passed 2-24-04; Am. Ord. 818-C.S., passed 11-3-15; Am. Ord. 834-C.S., passed 6-7-16)

A local decision on an application for a development shall be deemed final when the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, and that the required conditions of approval adequate to carry out the certified local coastal plan as required in the implementing ordinances have been imposed, and when all rights of appeal have been exhausted as defined in § 156.112 of this subchapter.

(‘63 Code, § 10-5.29311) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 834-C.S., passed 6-7-16)

Within seven calendar days of a final decision on an application for any development (except categorically excluded or exempt developments) the city shall provide notice of its action by first class mail to the Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the city (or, where required, who paid a reasonable fee to receive such notice). Such notice shall include conditions of approval and written findings and the procedures for appeal to the Coastal Commission.

('63 Code, § 10-5.29312) (Ord. 417-C.S., passed 12-6-84)

(A) Notification by applicant. If the city has failed to act on an application within the time limits set forth in Cal. Gov't Code §§ 65950 through 65957.5, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Cal. Gov't Code §§ 65950 through 65057.5 shall notify, in writing, the city and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. (B) Notification by city. When the city determines that the time limits established pursuant to Cal. Gov’t Code §§ 65950 through 65957.5 have expired, the city shall within seven calendar days of such determination, notify any person entitled to receive notice pursuant to § 156.109 of this subchapter that it has taken, final action by operation of law pursuant to Cal. Gov’t Code §§ 65950 through 65957.5. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the city notice in the Commission office (this section shall apply equally to a city determination that the projects approved by operation of law and to a judicial determination that the project has been approved by operation of law). (‘63 Code, § 10-5.29313) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 834-C.S., passed 6-7-16)

(A) A final decision of the city on an application for a nonappealable development shall become effective on the day the decision is made.

(B) (1) A final decision of the city on an application for an appealable development shall become effective after the 10 working days appeal period to the Commission has expired or after the 21st calendar day following the final local action unless any of the following occur:

• (a) An appeal is filed in accordance with the Commission's regulations;

(b) The notice of final local government action does not meet the requirements of §§ 156.109 and 156.110 of this subchapter.

(2) Where any of the circumstances in subdivisions (a) or (b) of this division occur, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.

(‘63 Code, § 10-5.29314) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90; Am. Ord. 834-C.S., passed 6-7-16)

(A) (1) An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Commission's regulations and be an aggrieved person where the appellant has pursued his appeal to the local appellate body as required by the city appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:

(a) The city required an appellant to appeal to more local appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program;

(b) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision;

• (c) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter;

• (d) The city charges an appeal fee for the filing or processing of appeals.

(2) Where the local government would ordinarily require an appeal fee for the processing of appeals within the appealable areas of the coastal zone, the city may elect to waive the appeal fee and apply to the Commission for a reimbursement of that fee through an SB 90 claim or similar reimbursement process.

(B) Where a project is appealed by any two members of the Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that notice of Commission appeals shall be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision) and the appeal to the Commission shall be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the Commissioners shall be required to file a new appeal from that decision.

('63 Code, § 10-5.29315) (Ord. 417-C.S., passed 12-6-84)

(A) Applications for development in cases of emergencies as defined in § 156.006 of this title shall be made to the Director of Community Development in writing or if time does not allow written application, the application may be made verbally in person or by telephone. The following information shall be included in any such request:

• (1) Nature of emergency;

• (2) Cause of the emergency;

• (3) Location of the emergency;

• (4) The remedial, protective or preventative work either needed or accomplished to deal with the emergency;

• (5) The circumstances of the emergency that appeared to justify actions taken, including the probable consequences of failing to take action.

(B) The Director of Community Development shall verify the facts of the alleged emergency insofar as time allows.

(C) The Director of Community Development shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency itself. Notice shall also be provided to the Executive Director of the Coastal Commission.

(D) The Director of Community Development may grant an emergency permit with reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if he or she finds that:

• (1) An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits;

• (2) Public comment on the proposed emergency action has been reviewed if time allows;

• (3) The work proposed would be consistent with the requirements of the Local Coastal Program.

(E) Within 10 calendar days of the request for an emergency permit, the owner/applicant shall submit an application for a coastal development permit. Failure by the owner/applicant to follow through in a timely manner with a regular application, shall be cause for the Director of Community Development to revoke the emergency permit and to possibly direct removal of any improvements installed under the emergency permit. The Director of Community Development may conduct a public hearing prior to taking action in such situations.

(F) (1) The Director of Community Development shall report the granting of an emergency permit, in writing, to the City Council and to the Coastal Commission. The request to the City Council shall be scheduled for its next regular meeting. The report shall be mailed to all persons who have requested such notification in writing.

(2) The report of the Director of Community Development shall be informational only. The decision to issue an emergency permit is solely at the discretion of the Director of Community Development.

('63 Code, § 10-5.29317) (Ord. 519-C.S., passed 8-26-90)

(A) Applications for amendments to previously approved coastal development permits shall be filed with the Community Development Department. The application shall be in writing and shall contain sufficient detail to adequately assess the nature of the amendment and any potential impacts of the amendment.

(B) Applications for amendments shall be rejected if the proposed amendment would lessen or avoid the intended effect of an approved or conditionally approved permit unless the applicant presents newly discovered material information which could not, with reasonable diligence, have been discovered and produced before the original permit was granted.

(C) If, in the opinion of the Director of Community Development the amendment is of a minor or trivial nature, with no impacts not already assessed in the original permit action, and generally in keeping with the action of the appropriate approving authority, the amendment may be approved by the Director of Community Development. If the Director of Community Development determines that the proposed amendment is immaterial, as described above, notice of such a determination shall be sent to the Executive Director of the Coastal Commission, to each property owner and occupant of property within 100 feet of the property and to all other parties that the Director of Community Development has reason to know who may be interested in the application. If no written objection is received by the Community Development Department within 10 calendar days of sending the notice, the amendment shall be deemed approved. If objections are received, the amendment shall be considered under division (D) of this section.

(D) If in the opinion of the Director of Community Development, the amendment is other than a minor or trivial nature, or may cause impacts not already assessed in the original permit, or is not in keeping with the action of the appropriate approving authority, the amendment shall be taken to the approving authority of the original permit and processed consistent with the original permit procedures.

('63 Code, § 10-5.29318) (Ord. 519-C.S., passed 8-26-90)

(A) A coastal development permit shall lapse and become void if construction or implementation of the permit has not commenced within two years from the date of final approval of the application for a coastal development permit.

(B) Upon written request received prior to the expiration of the permit, a one-year extension may be granted by the approving authority. The request may be granted upon making the findings that no substantial change of circumstances has occurred and that the extension would not be detrimental to the purpose of this chapter. Notice of the requested extension shall be given to any person determined by the Director of Community Development to have been aggrieved at the original hearing. Any persons aggrieved by the Director of Community Development's decision on an extension request may appeal that decision to the City Council. The decision of the City Council on an extension request is final.

('63 Code, § 10-5.29319) (Ord. 519-C.S., passed 8-26-90)