§ 155.104 INTRODUCTORY PROVISIONS.

Chapter 155 of the Municipal Code will be known and cited as the “Eureka Zoning Code” and referred to in this title as the “Zoning Code.”

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

The Zoning Code takes effect and is in force from and after June 20, 2019.

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

The Zoning Code is adopted pursuant to the authority in the City Charter, Cal. Gov’t Code § 65850 and all other relevant laws of the State of California. Whenever the Zoning Code refers to a section of state law that is later amended or superseded, the Zoning Code will be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

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

(A) General. The purpose of the Zoning Code is to implement the General Plan and to protect the public health, safety and welfare.

(B) Specific. The Zoning Code is intended to:

(1) Preserve and enhance Eureka’s unique sense of place, small city charm, livability and sense of community;

(2) Support a pedestrian-friendly built environment, increase transportation choices and expand opportunities for residents to walk,

bike and take transit to destinations;

(3) Maintain and expand the variety of housing types to serve a diverse population;

(4) Encourage and incentivize a diversity of residential, commercial, industrial and mixed-use developments;

(5) Encourage pedestrian-friendly urban development through a streamlined approval process;

(6) Where appropriate, encourage vertical mixed-use development with upper story residential units above ground floor commercial

uses;

(7) Protect and enhance the distinctive character of Eureka’s neighborhoods and commercial districts;

(8) Enhance the appearance, economic vitality and livability of Eureka’s neighborhoods and commercial districts;

(9) Encourage active and inviting streetscapes, buildings and public spaces;

(10) Realize the full development potential of Eureka’s industrial and commercial waterfront areas;

(11) Enhance the vitality of Downtown and Old Town as the core of the community with a diversity of land uses and pedestrian-

oriented urban design;

(12) Encourage infill development and the reuse of existing structures to strengthen established neighborhoods;

(13) Establish flexible performance-based standards to encourage design creativity and address unique circumstances;

(14) Protect Eureka’s natural beauty and conserve valuable natural resources; and

(15) Enhance the urban/wildland interface zones around the edges of the city and promote recreation opportunities within these

zones.

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

The Zoning Code implements the General Plan by establishing detailed regulations for land uses, structures and activities in Eureka. All land uses, structures and activities in Eureka must be consistent with the General Plan.

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

(A) General. The Zoning Code applies to all lots, land uses, structures and development in Eureka unless an exemption is specifically provided by the Zoning Code.

(B) Coastal zone. The applicability of the Zoning Code in the coastal zone is described in §155.104.070 (Relationship to the Local Coastal Program).

(C) Compliance required. All lots, land uses, structures and development in Eureka, including existing and proposed development, must comply with the Zoning Code.

(D) Approvals required. A land use may be established and a structure may be constructed, altered or moved only after:

(1) All applicable development review processes have been followed;

(2) All applicable approvals have been obtained; and

(3) All required permits and/or authorizations to proceed have been issued.

(E) Administrative responsibilities. City roles and responsibilities in the administration of the Zoning Code are as provided in §155.404 (Administrative Responsibilities).

(F) Subdivisions. All subdivisions of land, lot line adjustments, and other actions under Municipal CodeCh. 154 (Subdivision Regulations) and the California Subdivision Map Act that are proposed after June 20, 2019, must comply with the Zoning Code.

(G) Governmental activities. The Zoning Code applies to special districts and state or federal governmental agencies to the extent legally permissible. The Zoning Code does not apply to public projects of the City of Eureka. Private projects on leased lands owned by the city are not public projects of the city.

(H) Public utilities. Public utilities are subject to the requirements of the Zoning Code, except to the extent provided by Cal. Gov’t Code § 53091 and the California Public Utilities Code.

(I) Emergency powers. The City Council may authorize deviations from the Zoning Code during a local emergency declared in accordance with the California Emergency Services Act (Cal. Gov’t Code §§ 8550 et seq.), by resolution without notice or public hearing.

(J) Other regulations. Compliance with the Zoning Code does not relieve an applicant from compliance with other federal, state and city regulations that also apply to the property.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21)

(A) Implementation plan separate from Zoning Code. Eureka’s Local Coastal Program Implementation Plan (“Implementation Plan”) is separate from the Zoning Code. The Implementation Plan, found in Municipal Code Ch. 156 (Coastal Zoning), establishes regulations that apply in Eureka’s coastal zone to implement the Local Coastal Program Land Use Plan in accordance with the California Coastal Act of 1976. The Implementation Plan contains:

(1) Coastal zoning districts with allowed land uses and development standards that apply to zoning districts within the coastal zone;

(2) Additional regulations needed to implement the Land Use Plan; and

(3) Procedures for the approval of coastal development permits and other permits and approvals in the coastal zone.

(B) Implementation Plan limited to Ch. 156. The Implementation Plan is limited exclusively to Municipal Code Ch. 156. No contents of the Zoning Code, irrespective of its applicability in the coastal zone, are considered a part of the Implementation Plan.

(C) Applicability in coastal zone. The Zoning Code and Implementation Plan both contain requirements that apply in the coastal zone, as follows.

(1) Implementation plan requirements. Implementation Plan requirements apply fully to all uses, structures and activities in the coastal

zone in accordance with the California Coastal Act. In case of conflict between the Implementation Plan and the Zoning Code, the Implementation Plan governs.

(2) Requirements in both Zoning Code and Implementation Plan. Certain topics are addressed in both the Zoning Code and the

Implementation Plan (e.g., parking, signs). For these topics, the Implementation Plan requirements govern in the coastal zone. All Zoning Code requirements superseded by the Implementation Plan are identified in the Zoning Code with notes in their respective sections.

(3) Zoning code content not in the Implementation Plan.Zoning Code requirements that are not specifically addressed in the

Implementation Plan fully apply in the coastal zone. For example, Zoning Code requirements for the processing of permit applications, which is not addressed in the Implementation Plan, apply to all development projects. While these Zoning Code requirements may apply in the coastal zone, they are not considered a part of the Implementation Plan.

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

(A) The numbering system used in the Zoning Code reflects the numbering system of other chapters in the Municipal Code.

(B) The numbering system and outline levels used in the Zoning Code is as follows: