Eureka Municipal Code § 155.204 Residential Zoning Districts

(A) General. The purposes of the residential zoning districts are to:

(1) Maintain stable neighborhoods offering a range of housing choices for residents with varied incomes and lifestyle needs;

(2) Provide sufficient land in a range of residential densities to enable citizens from a wide array of economic levels and stages of life to live in Eureka, and to accommodate the existing and future workforce;

(3) Accommodate increased development of high-density housing to balance Eureka's housing inventory and enhance affordability;

(4) Encourage the construction of new high-density multi-family housing in zoning districts where multi-family housing is allowed;

(5) Promote housing in close proximity to parks, schools, and public services;

(6) Promote new development that supports a pedestrian-friendly environment and allows residents to easily walk, bike, and take transit to destinations;

(7) Ensure that development protects and enhances the positive qualities of existing neighborhoods and strengthens Eureka's unique sense of place;

(8) Encourage the development of vacant lots and the redevelopment of underutilized properties;

(9) Allow improvements to existing homes consistent with the historic neighborhood character and the need to produce more housing units;

(10) Allow for public and quasi-public uses compatible with a residential setting; and

(11) Allow limited neighborhood-serving commercial uses to enhance residents' quality-of-life where allowed by the Neighborhood Market (NMO) Overlay Zone.

(B) Specific.

(1) Residential Estate (RE). The RE Zoning District provides areas for low-density single-family detached homes, accessory dwelling units, and limited agricultural uses with a rural character compatible with adjacent agriculture, timberland, and open space uses. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(2) Residential Low (R1). The R1 Zoning District contains neighborhoods of single-family homes and accessory dwelling units in a moderately low-density setting, located in proximity to parks, schools, and public services. Two attached or detached single-family homes may be allowed on one lot pursuant to Cal. Government Code § 65852.21.

(3) Residential Medium (R2). The R2 Zoning District accommodates a variety of medium-density housing types close to commercial (mixed-use) areas.

(4) Residential High (R3). The R3 Zoning District accommodates high-density multi-family housing in an urban setting close to employment centers, mixed-use zoning districts, and/or public transportation.

(C) Coastal zoning districts.

(1) The following residential zoning districts are located exclusively in Eureka's Coastal Zone:

(a) Residential Estate - Coastal (RE-CZ).

(b) Residential Low - Coastal (R1-CZ).

(c) Residential Medium - Coastal (R2-CZ).

(d) Residential High - Coastal (R3-CZ).

(2) Purpose statements, allowed land uses, and development standards for coastal zoning districts are found in Municipal Code Chapter 156 (Coastal Zoning).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 965-C.S., passed 8-19-25)

(A) General. Table 204-1 identifies allowed land uses and required permits in the residential zoning districts.

(B) Additional permits. In addition to permits identified in Table 204-1, proposed projects in the residential zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

Table 204-1: Allowed Land Uses in Residential Zoning Districts P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited

Table 204-1: Allowed Land Uses in Residential Zoning Districts P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

(A) RE and R1 Zoning Districts.

(1) General development standards. Table 204-2 shows development standards in the RE and R1 Zoning Districts when the authority contained in § 155.332.030 (Urban Lot Split Subdivisions) is not exercised. Standards apply to both primary and accessory buildings unless otherwise noted.

(2) Urban lot splits. Table 204-2.1 shows development standards in the RE and R1 Zoning Districts for lots that are subdivided pursuant to § 155.332.030 (Urban Lot Split Subdivisions).

Table 204-2: RE and R1 Development Standards

Table 204-2: RE and R1 Development Standards

Table 204-2.1: Urban Lot Split Development Standards

Table 204-2.1: Urban Lot Split Development Standards

(B) R2 and R3 Zoning Districts. Table 204-3 shows development standards in the R2 and R3 Zoning Districts. Standards apply to both primary and accessory buildings unless otherwise noted.

Table 204-3: R2 and R3 Development Standards

Table 204-3: R2 and R3 Development Standards

(C) Lot area and dimensions. See § 155.308.010 (Lot Standards).

(D) Average setback alternative. Minimum required front and exterior side setbacks in Tables 204-2, 204.2-1, and 204-3 may be reduced as provided below.

(1) Interior lots.

(a) For interior lots adjacent to two developed lots, the minimum front setback for building walls, porches, and stoops may be reduced to the average existing front setback of buildings of all developed lots on the same block face. See Figure 204-1.

(b) For lots not on a standard block configuration, the minimum setback may be reduced to the setback equal to the adjacent developed lots. New multi-lot subdivisions must comply with the minimum setbacks in Tables 204-2 and 204-3.

(2) Corner lots. For corner lots, the minimum front and exterior side setbacks may be reduced to the average setback of all developed lots on the same block face, including alley-separated lots. See Figure 204-2.

Figure 204-1: Alternative Front Setback - Interior Lots

[Figure]

Figure 204-2: Alternative Front and Exterior Side Setback - Corner Lots

[Figure]

(E) Established side setbacks for building additions.

(1) A building wall nonconforming to an interior or exterior side setback, if established prior to June 20, 2019, may be extended by-right to accommodate a residential addition of habitable floor area, including accessory dwelling units. See Figure 204-3. This allowance does not apply to garages and other non-habitable buildings or portions of a building.

(2) Eaves and other building projections may not extend across a lot line. The Director may require a boundary survey to verify the lot line location.

Figure 204-3: Established Setbacks for Building Additions

[Figure]

(F) Exterior side setbacks for garages. As stated in Tables 204-2 and 204-3, if a street-facing garage is entirely located within 30 feet of the rear lot line, the garage must be setback either zero feet or 20 feet or more from the exterior lot line. See Figure 204-4. This provision applies only to garages, not to carports.

Figure 204-4: Exterior Street Garage Setbacks

[Figure]

(G) Rear setbacks.

(1) As stated in Tables 204-2 and 204-3, the first story of a building must be setback either zero to four feet or ten feet or more from an alley-adjacent rear lot line. No setback is required for the second story and above. See Figure 204-5.

(2) For rear lot lines that are not adjacent to any alley, a five-foot setback is required for the first story and a ten-foot setback is required for the second story and above. See Figure 204-5.

Figure 204-5: Minimum Rear Setback Elevations

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(H) Setback projections. See § 155.308.030(A) (Building Features) for building projections and site improvement allowed within minimum setbacks.

(I) Accessory dwelling units. See § 155.316 (Accessory Dwelling Units) for development standards that apply to accessory dwelling units (ADUs).

(J) Accessory structures and site features - setback encroachments. See § 155.308.030(B) (Site Features) for site features and accessory structures allowed in minimum setback areas.

(K) Subdivision alternatives. See § 155.332 (Residential Subdivision Alternatives) for allowed modifications to development standards for small lot subdivisions, conservation subdivisions, and urban lot split subdivisions.

(L) Design standards. See § 155.312 (Design Standards) for building entry, architectural relief, and garage door width standards that apply to new primary buildings except single-family homes.

(M) Parking. See § 155.324 (Parking).

(N) Landscaping. See § 155.328 (Landscaping).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

(A) Applicability. This division establishes standards for SB 9 housing developments in conformance with Cal. Government Code § 65852.21. SB 9 housing developments consist of applications for two new single-family homes on one parcel or for a second single-family home on a parcel with an existing single-family home in the RE or R1 Zoning Districts.

(B) Relationship to urban lot split subdivisions. Applicants may use the multiple dwelling unit provisions of this division and the urban lot split provisions of § 156.332.030 (Urban Lot Split Subdivisions) either independently or in combination, provided all applicable regulations are met.

(C) Eligibility requirements. Up to two primary dwelling units are allowed on one parcel in the RE or R1 Zoning Districts provided the following eligibility requirements are met:

(1) Compliance with Zoning Code. The SB 9 housing development complies with all applicable requirements of this chapter for primary structures, except as modified by the provisions of this subsection. This includes maximum height, FAR, and site coverage standards as outlined in Tables 204-2 and 204-2.1.

(2) Environmental resources and hazards. The parcel satisfies the requirements of Cal. Government Code § 65913.4(a)(6), subparagraphs (B) to (K), which prohibit development on sites subject to specified environmental resources and hazards.

(3) Affordable and rental housing.

(a) The SB 9 housing development will not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(b) The SB 9 housing development will not require demolition or alteration of housing that has been occupied by a tenant in the last three years; and

(c) No current or previous parcel owner has exercised the owner's rights under Cal. Government Code §§ 7060 et seq. (the Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date of application for the SB 9 housing development.

(4) Historic resources. The parcel is not listed on the State or Local Register of Historic Places or located within a designated historic district.

(D) Permitting process.

(1) Zoning clearance. An SB 9 housing development consistent with the requirements of this section is allowed by-right with a zoning clearance (i.e., building permit approval).

(2) Time limit to act. An SB 9 housing development shall be approved or denied within 60 days of submission of a complete application.

(3) Nonconforming zoning conditions. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property.

(E) Development standards.

(1) Maximum number of dwelling units.

(a) Project without urban lot split. Accessory dwelling units in compliance with § 155.316 (Accessory Dwelling Units) are allowed in conjunction with an SB housing development, provided the total number of dwelling units does not exceed four on any given lot in the RE or R1 zoning district.

(b) Project with urban lot split. When a lot split occurs under Cal. Government Code § 66411.7 and § 155.332.030 (Urban Lot Split Subdivisions), each resulting parcel is limited to three dwelling units: one single-family home, one junior accessory dwelling unit, and either one additional single-family home or one accessory dwelling unit.

(2) Density. Second single-family homes created by SB 9 housing developments are not considered for the purposes of evaluating the density requirements established by the general plan, but may count as a dwelling unit for purposes of identifying adequate sites for housing.

(3) Minimum setbacks from property lines. The setbacks for dwelling units created through an SB 9 housing development shall be the same as those required for other primary structures in the applicable zoning district, except as provided below:

(a) Side and rear setbacks. The minimum side or rear setback shall be four feet, unless the applicable zoning district permits a smaller minimum setback for primary structures, in which case that smaller setback applies.

(b) Setback exception. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

(4) Parking. On-site parking is not required for dwelling units created through an SB 9 housing development.

(5) Separation between dwelling units.

(a) No minimum separation is required between dwelling units on a parcel.

(b) Dwelling units may be attached if the structures meet Building Code safety standards and are sufficient to allow separate conveyance.

(6) Guaranteed allowance. A standard of this chapter must be waived if the applicant demonstrates it would prohibit up to two single-family homes, each with up to 800 square feet of floor area, as long as the units comply with all other applicable standards.

(F) Use restrictions.

(1) Vacation rental prohibition. Rental of any dwelling unit created through an SB 9 housing development must be for a term longer than 30 days.

(2) Residential uses only.

(a) The primary use of dwelling units created through an SB 9 housing development must be residential. A dwelling unit may not be utilized for a non-residential primary use otherwise permitted in the RE or R1 Zoning Districts as identified in Table 204-1.

(b) Home occupations and other accessory uses are permitted in a dwelling unit consistent with § 155.304.070 (Home Occupations) and § 155.304.020 (Accessory Uses).

(Ord. 965-C.S., passed 8-19-25)