Eureka City Zoning Code

ZONING DISTRICT

STANDARDS

§ 155.204.010 PURPOSE OF 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.

(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).

(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)

§ 155.204.020 ALLOWED LAND USES.

(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
Land Use	Zoning District				Additional Standards
Land Use	Residential Estate RE	Residential Low R1	Residential Medium R2	Residential High R3	Additional Standards
Residential
Accessory dwelling unit (ADU)	P [1]	P [1]	P	P	155.316
Medical care housing	C	C	M	M
Micro/shared housing	-	-	C	C
Multi-family dwellings	-	-	P	P	155.304.100
Non-medical care housing, large	-	-	P	P
Non-medical care housing, small	P	P	P	P
Single-family home, attached (townhomes)	P [1]	P [1]	P	P	155.204.040
Single-family home, detached (existing)	P [1]	P [1]	P	P	155.204.040
Single-family home, detached (new)	P [1]	P [1]	P [2]	P [2]	155.204.040
Tiny house on wheels	P	P	P	P	155.304.130, 155.316
Commercial
Car share facility	-	-	P	P	155.304.040
Day care facility	C [3]	C [3]	M [3]	M [3]
Family day care home, small or large [4]	P	P	P	P	155.304.060
Vacation rental					155.304.150
Proprietor on-site	P	P	P	P
No proprietor on-site	M	M	M	M
Agricultural and Natural Resources
Timber production and harvesting	C	C	-	-
Resource protection and restoration	P	P	P	P
Civic and Recreation
Civic institutions	C	C	C	C
Government facilities	C	C	C	C
Non-commercial places of assembly	C	C	C	C
Parks and playgrounds	P	P	P	P
Schools, public and private	C	C	C	C
Instructional services	-	-	C [5]	C [5]
Infrastructure and Utilities
Public utility	C	C	C	C
Other Uses and Activities
Accessory uses	See 155.304.020
Animal keeping	See Municipal Code Chapter 91
Home occupations	See 155.304.070
Neighborhood-serving commercial	See 155.224.030
Temporary uses	See 155.336
Tree removal	See 155.304.140
Wireless telecommunication facilities	C	C	C	C	Municipal Code Chapter 159
NOTES: [1] Up to four dwelling units are allowed on one lot in the RE and R1 zoning districts: one single-family home and up to three of the following: a second single-family home (attached or detached); two accessory dwelling units (attached or detached); and/or one junior accessory dwelling unit. Lots resulting from an urban lot split subdivision (§ 155.332.030) are only allowed three dwelling units: one single-family residence, one junior accessory dwelling unit and either one additional single-family residence or one accessory dwelling unit. [2] Allowed only on lots 3,000 square feet or less; or if an existing dwelling unit that is part of a multi-family dwelling becomes a single-family residence as a result of a subdivision; or on a lot with a non-residential primary use (i.e., in combination with another primary use on the same lot). [3] Allowed by-right when located in an existing non-residential facility such as a church or community center. Use permit required for all other day care facilities. [4] Allowed only as a secondary use when combined with an allowed primary use. See § 155.108.050(C) (Types of Uses). [5] Allowed only on collector and arterial streets as shown in General Plan Figure M-1. Not allowed on local streets.

(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)

§ 155.204.030 DEVELOPMENT STANDARDS.

(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
Standard	Zoning District		Additional Standards
Standard	Residential Estate RE	Residential Low R1	Additional Standards
Minimum lot area [1]	10,000 sq. ft.	5,000 sq. ft.	155.308.010
Maximum floor area ratio (FAR) [2]	0.75	1.0
Maximum units per lot [3][4]	4 du/lot	4 du/lot
Maximum site coverage [2]	35%	60%
Maximum building height	35 ft.	35 ft.	155.308.020
Minimum property line setbacks [5][6]
Front			155.204.030(D); 155.308.030
Building walls	15 ft. [7]	10 ft. [7]
Porches and stoops	15 ft. [7]	5 ft. [7]
Garage doors and carport entrances	20 ft.	20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	15 ft. [7][8]	5 ft. [7][8]
Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [9]	0 ft. or 20 ft. [9]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley			155.204.030(E); 155.308.030
All structures	15 ft. [8]	5 ft. [8]
Interior side alley adjacent [10]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [10][11]			155.204.030(G); 155.308.030
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley [11]			155.204.030(G); 155.308.030
First story	5 ft.	5 ft.
Second story and above	10 ft.	10 ft
NOTES: [1] Minimum lot area standard applies only to new lots created through the subdivision or lot line adjustment process after June 20, 2019. Lots existing as of June 20, 2019 are not subject to a minimum lot size standard. See § 155.332.040 (Conservation Subdivisions) and § 155.332.030 (Urban Lot Split Subdivisions) for exceptions to these minimum lot area standards. [2] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [3] Up to four units are allowed on a single lot (except for lots resulting for urban lot split subdivisions described in Table 204-2.1 below). The four units must include one single-family home and up to three of the following: a second single-family home (attached or detached); two accessory dwelling units (attached or detached); and/or one junior accessory dwelling unit. [4] For the purpose of calculating the maximum number of lots created through conservation subdivisions, the maximum density in RE is 4 du/acre and maximum in R1 is 8.5 du/acre. [5] The setbacks for accessory dwelling units and SB 9 residential developments shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060 (for accessory dwelling units) and § 155.204.040 (for SB 9 residential developments). [6] Provided the setbacks as proposed are sufficient for fire and safety as determined by the Building Official. [7] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative). [8] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions). [9] Garages must be set back either zero feet or 20 feet or more from the lot line. Garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports. [10] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit. [11] See Figure 204-5 in § 155.204.030(G) (Rear Setbacks).

Table 204-2.1: Urban Lot Split Development Standards
Standard	Zoning District		Additional Standards
Standard	Estate Residential RE	Residential Low R1	Additional Standards
Minimum lot area [1]			155.308.010
Minimum square footage	1,200 sq. ft.	1,200 sq. ft.
Minimum lot area as a percentage of original lot area	40%	40%
Maximum floor area ratio [1] (FAR)
Residential structures only	1.3	1.3
Residential structures and covered parking (garage and/or carport)	1.67	1.67
Maximum units per lot [2]	3 du/lot	3 du/lot
Maximum site coverage	100%	100%
Maximum building height	35 ft.	35 ft.	155.308.020
Minimum property line setbacks [3][4]
New interior property line [5]	0 ft.	0 ft.
Front			155.204.030(D); 155.308.030
Building walls	10 ft. [6]	10 ft. [6]
Porches and stoops	5 ft. [6]	5 ft. [6]
Garage doors and carport entrances	0 ft. or 20 ft.	0 ft. or 20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	4 ft. [6][7]	4 ft. [6][7]
Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [8]	0 ft. or 20 ft. [8]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley
All structures	4 ft. [7]	4 ft. [7]	155.204.030(E); 155.308.030
Interior side alley adjacent [9]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [9]			155.308.030
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley			155.308.030
All structures	4 ft.	4 ft.
NOTES: [1] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [2] A maximum of one single-family home, one junior accessory dwelling unit and either one additional single-family home or one accessory dwelling unit are allowed on a lot that is subdivided using the authority contained in § 155.332.030 (Urban Lot Split Subdivisions). [3] Provided the setback is sufficient for fire and safety as determined by the Building Official. [4] The setbacks for accessory dwelling units and SB 9 residential developments shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060 (for accessory dwelling units) and § 155.204.040 (for SB 9 residential developments). [5] "New interior property line" means a property line created pursuant to § 155.332.030 (Urban Lot Split Subdivisions) that does not abut an existing parcel outside of the property subject to the urban lot split. [6] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative). [7] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions). [8] New garages must be set back either zero feet or 20 feet or more from the lot line. New garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports. [9] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit.

(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
Standard	Zoning District		Additional Standards
Standard	Residential Medium R2	Residential High R3	Additional Standards
Minimum lot area [1]	2,000 sq. ft.	2,000 sq. ft.	155.308.010
Density [2]
Maximum units per acre	22 du/acre	44 du/acre
Minimum lot area per unit	2,000 sq. ft.	1,000 sq. ft.
Maximum floor area ratio (FAR) [2]	1.25	1.25
Maximum site coverage [2]
Lots less than 4,000 sq. ft.	50%	60%
Lots 4,000 - 5,999 sq. ft.	60%	70%
Lots 6,000 sq. ft. and above	70%	80%
Maximum building height			155.308.020
Primary building	35 ft. [3]	35 ft. [3]
Detached accessory building [3]
Lots less than 4,000 sq. ft.	24 ft.	24 ft.
Lots 4,000 - 5,999 sq. ft.	28 ft.	28 ft.
Lots 6,000 sq. ft. and above	35 ft.	35 ft.
Minimum property line setbacks [4][5][6]
Front			155.204.030(D); 155.308.030
Building walls	10 ft. [7]	10 ft. [7]
Porches and stoops	5 ft. [7]	5 ft. [7]
Garage doors and carport entrances	20 ft.	20 ft.
Exterior side			155.204.030(D) and (E); 155.308.030
Building walls; porches and stoops	5 ft. [7][8]	5 ft. [7][8]
Garages on a corner lot facing a side street and entirely located within 30 ft. of the rear lot line	0 ft. or 20 ft. [9]	0 ft. or 20 ft. [9]	155.204.030(F)
All other garages	20 ft.	20 ft.
Interior side no alley			155.204.030(E); 155.308.030
All structures	5 ft. [8]	5 ft. [8]
Interior side alley adjacent [10]
First story	0 ft. - 4 ft. or 10 ft.	0 ft. - 4 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear alley adjacent [10][11]			155.204.030(G); 155.308.030
First story	0 ft. - 2 ft. or 10 ft.	0 ft. - 2 ft. or 10 ft.
Second story and above	0 ft.	0 ft.
Rear no alley [11]			155.204.030(G); 155.308.030
First story	5 ft.	5 ft.
Second story and above	10 ft.	10 ft
NOTES: [1] Minimum lot area standard applies only to new lots created through the subdivision or lot line adjustment process after June 20, 2019. Lots existing as of June 20, 2019 are not subject to a minimum lot size standard. See § 155.332.040 (Conservation Subdivisions) for an exception to these minimum lot area standards. [2] Excludes accessory dwelling units in conformance with § 155.316 (Accessory Dwelling Units). [3] The maximum height for an accessory building attached to a primary building is the same as the maximum height of the primary building. [4] The setbacks for accessory dwelling units shall be the same as those required for primary structures in the applicable zoning district, except as provided by § 155.316.060(F). [5] No minimum setback is required from lot lines within a small lot subdivision that do not abut a lot outside of the small lot subdivision. See § 155.332.020 (Small Lot Subdivisions). [6] Provided the setbacks as proposed are sufficient for fire and safety as determined by the Building Official and pursuant to the California Building or Residential Code. [7] Or average of adjacent lots, whichever is less. See § 155.204.030(D) (Average Setback Alternative). [8] A residential addition of habitable floor area may encroach into the setback if extending a nonconforming building wall. See § 155.204.030(E) (Established Side Setbacks for Building Additions). [9] Garages must be set back either zero feet or 20 feet or more from the lot line. Garages may not be setback any distance between 0 ft. and 20 feet from the lot line. See Figure 204-4. This applies only to garages, not to carports. [10] Eaves, gutters, and other building features may project across a lot line into an alley only when allowed by the Building Code and with an easement and/or encroachment permit. [11] See Figure 204-5 in § 155.204.030(G) (Rear Setbacks).

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

(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

(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

(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

(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)

§ 155.204.040 SB 9 HOUSING DEVELOPMENTS.

(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)

§ 155.208.010 PURPOSE OF MIXED-USE ZONING DISTRICTS.

(A) General. The purposes of the mixed-use zoning districts are to:

(1) Protect, enhance and build upon Eureka’s unique identity, historic character and sense of community;

(2) Promote a compact development pattern with high-intensity activity centers, infill development, adaptive reuse of existing buildings and redevelopment of vacant lots and underutilized properties;

(3) Encourage a mix of commercial, residential, professional office and civic land uses;

(4) Accommodate a broad range of commercial uses to serve the community and allow properties to quickly respond to evolving market opportunities over time;

(5) Promote a diversity of multi-family housing choices in higher density mixed-use settings, especially on upper floors;

(6) Provide a pedestrian-friendly environment while accommodating the needs of automobiles where appropriate;

(7) Promote transportation alternatives, reduce the reliance on automobiles and increase opportunities to walk, bike or take transit to destinations;

(8) Foster a diverse and resilient local economy, friendly to new business investment and the creation and retention of quality jobs;

(9) Encourage growth in the city’s tax base to support city services and infrastructure; and

(10) Provide attractive and well-designed streetscapes, buildings, parking and public spaces.

(B) Specific.

(1) Downtown (DT). The DT Zoning District maintains, promotes, enhances and builds upon Eureka’s Downtown as a vibrant center for residents, businesses, the arts, local/regional visitors and out-of-town tourists. Vertical mixed-use development with a diversity of uses promote daytime and evening activity, including residential, cultural, lodging, civic, professional office, entertainment, retail and other customer-serving and employment-intensive uses. Multi-story buildings built to lot lines fully utilize available land and support a high-intensity economic and cultural center for the surrounding region. Existing buildings are fully utilized with uses that serve residents, employees, visitors and the broader region. A diversity of building types and architectural styles, many with active ground-floor uses, support a vibrant pedestrian environment and active and inviting public spaces.

(2) Downtown West (DW). The DW Zoning District is an extension of the Downtown (DT) Zoning District with a broader range of allowed land uses to further encourage investment and development and to provide a transition zone from Broadway to Downtown.

(3) Service Commercial (SC). The SC Zoning District is an intensive commercial district primarily located in or adjacent to highly visible areas, and provides for local, regional and visitor needs. Development accommodates vehicles in a manner that supports an attractive streetscape and pedestrian-friendly environment. The SC Zoning District allows a broad variety and scale of retail, office, restaurants, lodging, entertainment, outdoor sales, large product retail sales, storage, warehousing, wholesale and limited residential uses.

(4) Henderson Center (HC). The HC Zoning District is a pedestrian-oriented limited-scale neighborhood shopping district primarily serving residents in nearby neighborhoods. Pedestrian-scale buildings with active street-facing storefronts close to the sidewalk create an active and inviting public realm. Single-family residential homes converted to retail and office uses retain their residential character and buffer nearby residences from higher intensity uses.

(5) Neighborhood Commercial (NC). The NC Zoning District provides places for limited-scale convenience retail, restaurants, offices, professional services and other customer-serving uses to meet the daily needs of nearby residents, workers and visitors. The form and intensity of development supports an active pedestrian environment and is compatible with neighboring residential properties. Limited residential mixed-use development contributes to neighborhood vitality and safe and attractive streetscapes.

(6) Wabash Avenue (WA). The WA Zoning District provides an area for limited-scale commercial uses to serve the community in the western half of Eureka. Over time, existing properties will be modified and redeveloped to create a more robust neighborhood-oriented and pedestrian-friendly shopping and professional service-related corridor.

(7) Office Residential (OR). The OR Zoning District provides areas for customer-serving and non-customer-serving professional offices, clinics and related retail and services, as well as residential uses. The OR District allows a mix of single-family and multi-family housing, offices, converted residential buildings and lodging where the intent is to generally retain the character, scale and form of the residential neighborhood. The OR Zoning District provides a mix of office and residential uses in an environment with a different character and lower intensity than the other mixed-use commercial districts of the city.

(8) Hospital Medical (HM). The HM Zoning District provides a centralized and consolidated regional hub for hospitals, medical offices and clinics, other health care-related uses and restricted commercial development that supports these uses.

(1) The following mixed-use zoning districts are located exclusively in Eureka’s coastal zone:

(a) Old Town - Coastal (OT-CZ);

(b) Bayfront Commercial - Coastal (BC-CZ);

(d) Marina District - Coastal (MD-CZ);

(e) Service Commercial - Coastal (SC-CZ);

(f) Gateway North - Coastal (GN-CZ); and

(g) Bridge District - Coastal (BD-CZ).

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

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

§ 155.208.020 ALLOWED LAND USES.

(A) General. Table 208-1 identifies allowed land uses and required permits in the mixed-use zoning districts.

Table 208-1: Allowed Land Uses in the Mixed-Use Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited
Land Use	Zoning District								Additional Standards
Land Use	Downtown DT	Downtown West DW	Service Commercial SC	Henderson Center HC	Neighborhood Commercial NC	Wabash Avenue WA	Office Residential OR	Hospital Medical HM	Additional Standards
Residential									155.208.040
Accessory dwelling unit (ADU)	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	155.316
Medical care housing	C [2]	C [2]	C	C [2]	C	C	C	C
Micro/shared housing	P [2]	P [2]	P	P [2]	P	P	P	C
Multi-family dwellings	P [2]	P [2]	P	P [2]	P	P	P	C	155.304.100
Non-medical care housing, large	P [2]	P [2]	P	C [2]	P	P	P	C
Non-medical care housing, small	P [2]	P [2]	P	P [2]	P	P	P	P
Single-family attached home (townhome)	P [3]	P [3]	P	P [3]	P	P	P	C
Single-family detached home, new	P	P	P	P	P	P	P	C
Single-family detached home, existing [8]	P	P	P	P	P	P	P	P
Commercial - Sales
Bars and nightclubs	P	P	P	M	C	C	-	-
Drive-thru facility, food-serving [4]	-	C	P	-	-	-	-	-
Drive-thru facility, non-food serving [4]	C	M	P	C	-	-	-	C
Fuel and service stations	-	M	P	-	-	-	-	-
General retail - indoor, very large	-	C	C	-	-	-	-	-
General retail - indoor, large	C	C	P	-	-	-	-	-
General retail - indoor, small	P	P	P	P	P	P	C	M [5]
General retail-outdoor [4]	C [6]	C	P	P [6]	C	C	-	-
Heavy equipment sales and service	-	C	M	-	-	-	-	-
Mobile vendors	P	P	P	P	P	P	P	P	155.304.090
Restaurants, cafés and beverage sales	P	P	P	P	P	P	C	M [5]
Vehicle sales and rental (indoor)	P	P	P	-	-	-	-	-
Commercial - Service and Office
Business services and heavy commercial	-	P	P	-	-	-	-	-
Car share facility	P	P	P	P	P	P	P	P
Check cashing	C	C	C	-	-	-	-	-
Commercial lodging	P	P	P	P	P	P	C	C [5]
Day care facility	P	P	P	P	P	P	P	P
Family day care home, small or large [4]	P	P	P	P	P	P	P	P	155.304.060
Fitness, dance or health facility, large	P	P	P	-	-	-	-	-
Fitness, dance or health facility, small	P	P	P	P	P	P	C	C [5]
General services	P	P	P	P	M	M	C	-
Hospitals	-	-	-	-	-	-	-	P
Kennel-anim al boarding	-	C	M	-	-	-	-	-
Medical offices and clinics	P	P	P	P	P	P	P	P
Offices	P	P	P	P	P	P	P	-
Outdoor commercial recreation	C	M	P	M	M	M	-	-
Parking lots and structures	C	M	M	C	C	C	C	M [5]
Personal service	P	P	P	P	P	P	P	C [5]
Vehicle cleaning and repair	C	M	P	-	-	-	-	-
Vehicle towing and impound	-	-	C	-	-	-	-	-
Industrial and Storage
Manufacturing, artisan	P	P	P	P	P	P	C	-
Manufacturing, light	-	M	C	-	-	-	-	-
Outdoor storage, non-retail	-	-	M [9]	-	-	-	-	-	155.304.110(H)
Warehousing, wholesale and distribution	-	C	C	-	-	-	-	-
Civic and Recreation
Civic institutions	P	P	P	P	P	P	P	-
Colleges and trade schools (upper floor)	P	P	P	P	C	C	C	C [5]
Colleges and trade schools (ground floor)	C	C	C	C	C	C	C	C [5]
Instructional services	P	P	P	P	P	P	P	C [5]
Emergency shelter	-	-	P	-	-	-	-	-	155.304.050
Government facilities	P	P	P	P	P	P	P	P
Non-commercial places of assembly	P	P	P	P	P	P	P	P
Parks and playgrounds	P	P	P	P	P	P	P	P
Recreational vehicle parks	-	-	C	-	-	-	-	-	155.304.120
Schools, public and private	C	C	-	-	-	-	-	-
Social services	C	C	C	-	-	-	-	C
Infrastructure and Utilities
Public utility	C	C	C	C	C	C	C	C
Recycling collection facility	-		C	-	-	-	-	-
Other Uses
Accessory uses	See 155.304.020
Cannabis uses	See Municipal Code Ch. 158
Home occupations	See 155.304.070
Temporary uses	See 155.336
Wireless telecommunication facilities	P [7]	P [7]	P [7]	P [7]	P [7]	P [7]	C	P [7]	Municipal Code Ch. 159
NOTES TO TABLE: [1] An accessory dwelling unit is allowed in conformance with § 155.316 (Accessory Dwelling Unit). [2] See § 155.208.040 (Pedestrian-focused Frontages) for ground-floor use limitations that apply to residential uses facing a pedestrian-focused frontage as shown in Figure 208-4. [3] Prohibited when facing a pedestrian-focused frontage as shown in Figure 208-4. [4] Allowed only as a secondary use when combined with an allowed primary use. See § 155.108.050(C) (Types of Uses). [5] Limited to uses intended to primarily serve employees, patients and visitors of medical uses in the zoning district as determined by the minor use or conditional use permit process. [6] New general retail - outdoor uses established after June 20, 2019, are prohibited. General retail-outdoor uses established before June 20, 2019, may remain. See § 155.208.020(C) (General Retail - Outdoor in the Downtown Zoning District). [7] Wireless telecommunication facilities located within 100 feet of a residential zoning district require a CUP. [8] Reconstruction of a damaged or destroyed single-family detached home is allowed, provided reconstruction is commenced within two years of the date the building was damaged or destroyed. [9] Until October 1, 2031, metal shipping containers used for outdoor storage are principally permitted for both retail and non-retail when in compliance with § 155.304.110(H). After October 1, 2031, shipping containers in the SC zone must either be removed on or before October 31, 2031, or will continue as a non-conforming use and structure, and will be subject to the requirements in 155.424 (Nonconformities).

(B) Additional permits. In addition to permits identified in Table 208-1, proposed projects in the mixed-use zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(C) General Retail - Outdoor in the Downtown Zoning District. The following requirements apply to general retail - outdoor (including outdoor vehicle sales and rental establishments) in the Downtown (DT) Zoning District.

(1) Secondary use only. General retail - outdoor is allowed only as a secondary use when combined with a permitted primary use. See § 155.108.050(C) (Types of Uses).

(2) New uses prohibited. New general retail - outdoor (including outdoor vehicle sales and rental uses) established after June 20, 2019, are prohibited.

(3) Existing uses may remain. An existing general retail - outdoor facility (including vehicle sales and rental establishments) is an allowed use subject to the following requirements:

(a) The general retail - outdoor use (including vehicle sales and rental uses) applies to the entire lot;

(b) The use may not be enlarged or expanded to a new lot unless the new lot already contain a general retail - outdoor use;

(c) Existing buildings occupied by the general retail - outdoor use may be repaired, improved and enlarged. New buildings may be constructed to serve the use;

(d) Other uses that comply with the DT Zoning District standards may be added to a site while the general retail - outdoor use remains in operation;

(e) Existing general retail - outdoor uses may be replaced by another conforming use at any time; and

(f) If a general retail - outdoor use is discontinued for 12 consecutive months or more, the use may not be reestablished.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.208.030 DEVELOPMENT STANDARDS.

(A) General. Table 208-2 identifies development standards in the mixed-use zoning districts.

Table 208-2: Development Standards - Mixed-Use Zoning Districts
Standard	Zoning Districts								Additional Standards
Standard	Downtown DT	Downtown West DW	Service Commercial SC	Henderson Center HC	Neighborhood Commercial NC	Wabash Avenue WA	Office Residential OR	Hospital Medical HM	Additional Standards
Minimum lot area	No min.	No min.	No min .	No min.	No min.	No min .	No min.	No min.
Maximum density (du/acre) [1]	No max.	No max.	No max .	No max.	No max.	No max .	No max.	No max.
Maximum floor area ratio (FAR)
Minimum	1.0	1.0	No min .	No min.	No min.	No min .	No min.	No min.
Maximum	6.0	6.0	2.5	2.5	3.0	3.0	2.5	2.5
Building height									155.308 020
Accessory dwelling unit [3]	See [4]	See [4]	See [4]	See [4]	See [4]	See [4]	See [4]	See [4]	155.316
All other structures
Minimum (stories)	2 stori es	2 stor ies	No min .	2 stori es	2 stori es	2 sto rie s	No min.	No min.
Maximum (feet)	100 ft.	80 ft.	55 ft.	55 ft.	45 ft.	45 ft.	45 ft.	45 ft. [2]
Front setbacks									155.308 030
Accessory dwelling unit [3]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	155.316
All other structures
Minimum	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	10 ft.
Maximum	10 ft.	10 ft.	No max	15 ft.	15 ft.	15 ft.	15 ft.	No max.	155.308.030 (B)
Minimum side setbacks									155.308.030 (C); 155.308.030
Accessory dwelling unit [3]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	See [5]	155.316
All other structures
Exterior	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	10 ft.
Interior	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	5 ft.	5 ft.
Minimum rear setbacks									155.208 030(C); 155.308 030
Non-alley	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Alley	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.	0 ft.
Maximum site coverage	No max.	No max.	No max .	No max.	No max.	No max .	No max.	No max.
NOTES TO TABLE: [1] While there is no maximum residential density in the mixed-use zoning districts, the number of residential units on a lot will be limited by the maximum FAR, maximum building height, required parking, minimum unit size requirements in the building code and other applicable development standards. [2] Maximum hospital height: 100 feet. [3] Only applies to new construction or an increase in footprint of an existing structure for an accessory dwelling unit. [4] Maximum 16 feet as measured according to § 155.112.070 (Height), or height of existing or proposed single- or multi-family residential structure, whichever is higher. [5] Four feet, or setback of existing residential structure, whichever is less, provided the setbacks as proposed are sufficient for fire and safety as determined by the Building Official and pursuant to the California Building or Residential Code.

(B) Maximum front setbacks. The following applies to new buildings in zoning districts with a maximum front setback requirement as shown in Table 208-2.

(1) Buildings shall be constructed at or within the required maximum front setback for a minimum of 50% of the lot’s linear street frontage. See Figure 208-1.

(2) The Director may modify or waive this requirement with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:

(a) Unique physical conditions on the site require the modified standard to accommodate a development project consistent with the purpose of the applicable zoning district; and

(b) The project incorporates a front-facing courtyard or privately-owned public space between the front building wall and front lot line to provide a pedestrian-oriented environment. See Figure 208-2.

Figure 208-1: Maximum Front Setbacks

Figure 208-2: Front-Facing Courtyard or Privately-Owned Public Space

(C) Setbacks adjacent to residential zoning districts. All new buildings and additions to existing buildings adjoining a lot in a residential zoning district must comply with the setback standards in Table 208-3. See Figure 208-3.

Table 208-3: Setbacks Adjacent to Residentially-zoned Lot
Lot Line	Minimum Setback
Interior side
Accessory dwelling unit	4 ft.
First and second stories	5 ft.
Third story and above	10 ft.
Alley rear	0 ft.
Non-alley rear
Accessory dwelling unit	4 ft.
First story	5 ft.
Second story	10 ft.
Third story and above	15 ft.

Figure 208-3: Setbacks Adjacent to Residential Zoning Districts (Elevations)

(D) Building design. See § 155.312 (Design Standards) for building design standards that apply to all new primary buildings in the DT, DW, HC, SC, WA, NC and OR Zoning Districts.

(E) Parking. See § 155.324 (Parking).

(F) Landscaping. See § 155.328 (Landscaping).

(G) Signs. See § 155.340 (Signs).

(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. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.208.040 PEDESTRIAN-FOCUSED FRONTAGES.

(A) Purpose and applicability. Figure 208-4 shows the location of pedestrian-focused frontages outside of the coastal zone. The façades of buildings facing these street frontages are subject to special land use regulations and development standards to maintain and enhance an active and engaging pedestrian environment. These standards do not apply to façades that do not front the street (e.g., multi-story building façades that can be seen over shorter buildings).

(B) Design review required. Any exterior modification to a building façade that faces a pedestrian-focused frontage requires design review in accordance with § 155.412.040 (Design Review), unless the Director determines the modification is so minor in nature that it would not be noticeable by a pedestrian, and the modification does not result in a decrease in ground-floor storefront transparency. "Exterior modification" includes the addition of a new sign, but does not include refacing of an existing sign when there is no change in the size of the sign, and does not include a new, or refacing of an existing sign painted directly on the façade. Design review is not required for signs allowed without permits listed under § 155.340.030.

(C) Ground floor ceiling height. A new building with non-residential ground-floor uses facing the street must provide a minimum floor to ceiling height of 12 feet on the ground floor.

(D) Ground floor residential use limitations.

(1) New residential development with less than 66 dwelling units per acre must be part of a mixed-use project where the residential use is located above or behind a ground-floor non-residential use facing the street. For example, on a 6,000 square foot lot, a new residential development with less than nine units cannot have ground-floor street-facing residential units.

(2) For projects with 66 dwelling units per acre or more, ground-floor residential uses facing the street are permitted. For example, on a 6,000 square foot lot, a new residential development with nine or more units may have street-facing residential units.

(3) For shared living quarters without separate kitchen or bathroom facilities for each room or unit (e.g., micro/shared housing, non-medical care housing, or emergency shelters), ground-floor residential uses facing the street are permitted if the project serves 99 persons or more per acre.

(4) When allowed, ground-floor residential uses facing the street are not subject to the transparency requirement in § 155.208.040(E) (Ground Floor Storefront Transparency).

Figure 208-4: Pedestrian-Focused Frontages (both sides of each street)

(E) Ground floor storefront transparency. Non-residential ground-floor uses facing the street shall comply with the following transparency requirement.

(1) The ground-floor street-facing building walls of non-residential uses must provide transparent windows or doors with views into the building for a minimum of 65% of the building frontage located between three and seven feet above the sidewalk. See Figure 208-5.

(2) Window and door area must be transparent to allow views into the building, but may be translucent for privacy purposes, provided that the windows can be returned to a transparent state.

Figure 208-5: Storefront Transparency (between three and seven feet above the sidewalk)

(3) The Director, or Design Review Committee when design review is required pursuant to § 155.412.040 (Design Review), may allow exceptions to this transparency requirement with an administrative adjustment. To approve the administrative adjustment, the Director or Design Review Committee must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:

(a) The proposed use has unique operational characteristics that preclude building openings, such as for a cinema or theater; and

(b) Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(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. 951-C.S., passed 10-17-23)

§ 155.212.010 PURPOSE OF INDUSTRIAL ZONING DISTRICTS.

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

(1) Provide land for a broad range of viable industrial, manufacturing and assembly uses to attract new industries and retain and expand existing uses;

(2) Protect industrially-designated lands from encroachment by incompatible uses and activities that could conflict with or limit industrial activities;

(3) Accommodate non-conforming industrial uses relocated from other locations;

(4) Encourage the new use and redevelopment of properties that have been previously used for industrial purposes;

(5) Strengthen Eureka’s role as a regional manufacturing and industrial center;

(6) Foster a diverse and resilient local economy, friendly to new business investment and the creation and retention of quality jobs; and

(7) Provide locations for non-coastal related industrial uses outside of the coastal zone, with access to necessary transportation routes and infrastructure.

(B) Specific.

(1) Hinge (HN) Industrial Zoning District. The HN Zoning District provides an area for low-intensity manufacturing and very limited commercial uses close to Eureka’s historic Core Area. The primary purpose of the HN Zoning District is to provide a location for manufacturing uses. The HN Zoning District secondarily allows upper-floor residential and office uses to increase housing opportunities and support a dynamic employment area that can evolve and adapt over time.

(2) Light Industrial (LI) Zoning District. The LI Zoning District provides an area for lower-intensity manufacturing, assembly, wholesaling, service commercial and other employment-generating uses. The LI Zoning District accommodates industrial and heavy commercial uses in proximity to residential, retail and commercial service uses without adverse impacts to these uses. Existing office uses are permitted.

(3) Heavy Industrial (HI) Zoning District. The HI Zoning District provides an area for intensive manufacturing, assembly, packaging, processing, wholesaling, warehousing, distribution, research and development and other employment-generating uses. The HI Zoning District locates industrial uses away from residential, commercial and visitor serving uses due to the potential for loud noise, noxious odors and emissions, vibrations and high volumes of truck traffic.

(4) Coastal zoning districts.

(a) The following industrial zoning districts are located exclusively in Eureka’s coastal zone:

1. Hinge Industrial - Coastal (HN-CZ);

2. Light Industrial - Coastal (LI-CZ);

3. Heavy Industrial - Coastal (HI-CZ); and

4. Coastal Dependent Industrial (CDI-CZ).

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

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

§ 155.212.020 ALLOWED LAND USES.

(A) General. Table 212-1 identifies allowed land uses and required permits in the industrial zoning districts.

Table 212-1: Allowed Land Uses in the Industrial Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Use Permit Required - = Prohibited
Land Use	Zoning Districts			Additional Standards
Land Use	Hinge Industrial HN	Light Industrial LI	Heavy Industrial HI	Additional Standards
Residential
Micro/shared housing	C [1]	-	-
Multi-family dwellings	C [1]	-	-
Non-medical care housing	C [1]	-	-
Commercial - Sales
Bars	C	-	-
Fuel and service stations	C	M	M
Heavy equipment sales and service	P	P	P
Mobile vendors	P	P	P	155.304.090
Commercial - Service and Office
Adult entertainment	C [2]	C	-	155.304.030
Business services and heavy commercial	P	P	P
Fitness, dance, or health facility, large	C	C	-
Fitness, dance, or health facility, small	M	M	-
Indoor commercial recreation	C	C	-
Kennel - animal boarding	M	M	-
Offices, existing	P [3]	P [3]	P [3]
Offices, new	C [1]	-	-
Parking lots and structures	P	M	C
Vehicle cleaning and repair	P	P	P
Vehicle towing and impound	P	P	P
Industrial and Storage
Manufacturing, artisan	C	-	-
Manufacturing, light	P	P	P
Manufacturing, heavy	-	-	P
Mini-storage	-	C	C
Outdoor storage, non-retail	P	P	P	155.304.110
Warehousing, wholesale, and distribution	P	P	P
Agricultural and Natural Resources
Animal processing	-	-	C
Civic and Recreation
Emergency shelter	P	P	-	155.304.050
Government facilities	C	C	C
Social service providers	M	M	-
Infrastructure and Utilities
Freight terminals and transfer	C	C	P
Public agency corporation yard	P	P	P
Public utility	C	C	C
Recycling collection facility	P	P	P
Recycling processing facility	C	C	P
Other Uses
Accessory uses	See 155.304.020
Cannabis uses	See Municipal Code Chapter 158
Home occupation	See 155.304.070
Temporary uses	See 155.336
Wireless telecommunication facilities	P [4]	P [4]	P [4]	Municipal Code Chapter 159
Notes: [1] Residential and office uses must be located either above ground floor commercial and/or industrial in a vertical mixed-use building or to the rear of a separate street-fronting building on the site. Residential and office uses must be designed in compliance with § 155.212.030(D) (Standards for Residential and Office Uses in Mixed-Use Projects). [2] Prohibited on lots fronting Fourth Street. [3] Existing offices established as of June 20, 2019 as a primary use on a lot may continue as a permitted use. New office uses are allowed only on lots where an office use was a primary use on the lot as of June 20, 2019. New office uses are not permitted on a lot if an office use was not present as a primary use on the lot as of June 20, 2019. [4] Wireless telecommunication facilities located within 100 feet of a residential zoning district require a CUP.

(B) Additional permits. In addition to permits identified in Table 212-1, proposed projects in the industrial zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.212.030 RESIDENTIAL AND OFFICE USES IN INDUSTRIAL ZONING DISTRICTS.

(A) Purpose. This section establishes standards for new residential and office uses in the Hinge (HN) Zoning District to:

(1) Protect existing and new manufacturing uses in the industrial zoning districts;

(2) Ensure that manufacturing uses are recognized as the primary purpose of the industrial zoning districts; and

(3) Ensure that residential and office uses can functionally co-exist in a mixed-use development in the industrial zoning districts.

(B) Where allowed. Residential and office uses are allowed in the industrial zoning districts only as provided in Table 212-1.

(1) If a residential or office use (excluding caretaker units) is established in Hinge (HN) Zoning District, existing non-residential uses in the HN Zoning District are considered a protected use.

(2) A protected use may not be considered a nuisance pursuant to the Municipal Code if:

(a) The use was not a nuisance when it began;

(b) The use is conducted and/or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar uses in Eureka;

(c) The use is consistent with the purposes of the applicable zoning district as described in § 155.212.010 (Purpose of Industrial Zoning Districts); and

(d) The use complies with the requirements of all applicable federal, state and city statutes, ordinances, rules, regulations, approvals and permits.

(3) The nuisance protections in this division (C) do not apply where a nuisance results from the negligent or improper management or operation of a protected use.

(D) Standards for residential and office uses in mixed-use projects. The following standards apply to new residential and office uses proposed as part of a mixed-use development project in the Hinge (HN) Zoning District.

(1) General standard. The city may approve a new residential or office use only upon finding that the new use will not interfere with existing or anticipated future industrial operations within an industrial zoning district.

(2) Noise. Proposed new residential and office development must prepare an assessment of existing and anticipated future noise at the site and incorporate construction measures as needed to meet the interior noise levels described in Table N-2 of the Noise Element of the General Plan.

(3) Vibration. Proposed new residential and office development must prepare an assessment of existing and anticipated future vibration on the site and incorporate construction measures as needed to reduce the effects of vibration to acceptable levels for the proposed new land use.

(4) Odors, dust and fumes. Proposed new residential and office development must prepare an assessment of existing and anticipated odor/dust/fumes at the site and incorporate construction measures as needed to reduce the effects of odor/dust/fumes to acceptable levels for the proposed new land use.

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

§ 155.212.040 DEVELOPMENT STANDARDS.

Table 212-2 identifies development standards in the industrial zoning districts.

Table 212-2: Development Standards - Industrial Zoning Districts
Standard	Zoning District			Additional Standards
Standard	Hinge Industrial HN	Light Industrial LI	Heavy Industrial HI	Additional Standards
Minimum lot area [1]	No min.	6,000 sq. ft.	6,000 sq. ft.	155.308.010
Maximum density (du/acre)	44 du/acre	N/A	N/A
Maximum floor area ratio (FAR)	2.0	2.0	2.0
Maximum building height	50 ft.	50 ft.	50 ft. [2]	155.308.020
Minimum setbacks				155.308.030
Front	0 ft.	0 ft.	0 ft.
Exterior side	0 ft.	0 ft.	0 ft.
Interior side	0 ft.	0 ft.	0 ft.
Rear	0 ft.	0 ft.	0 ft.
NOTES TO TABLE: [1] Minimum lot area standard applies only to new lots created through the subdivision process after June 20, 2019. Lots existing as of June 20, 2019, are not subject to a minimum lot size standard. [2] 100 feet allowed with a conditional use permit.

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

§ 155.216.010 PURPOSE OF PUBLIC ZONING DISTRICTS.

(A) General. The purpose of the public zoning districts is to accommodate government facilities and services, public and private institutional uses and non-commercial community facilities in convenient and appropriate locations for residents, employees and visitors.

(B) Specific.

(1) Public Facilities (PF). The PF Zoning District provides locations for schools, governmental offices and facilities, community assembly uses, courthouses, social services, cemeteries, fairgrounds, airports, marinas and wharves, utility facilities and other similar public and civic uses.

(2) Parks and Recreation (PR). The PR Zoning District provides areas for public parks, playgrounds, golf courses, active/programmable public recreational facilities, passive/self-directed public recreational facilities and other public open space uses.

(3) Coastal zoning districts.

(a) The following public zoning districts are located exclusively in Eureka’s coastal zone:

1. Public Facilities - Coastal (PF-CZ);

2. Parks and Recreation - Coastal (PR-CZ); and

3. Woodley Island - Coastal (WI-CZ).

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

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

§ 155.216.020 ALLOWED LAND USES.

(A) General. Table 216-1 identifies allowed land uses and required permits in the public zoning districts.

Table 216-1: Allowed Land Uses in the Public Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Use Permit Required
Land Use	Zoning District		Additional Standards
Land Use	Public Facilities PF	Parks and Recreation PR	Additional Standards
Commercial - Sales
Mobile vendors	P	P	155.304.090
Commercial - Service and Office
Parking lots and structures	P [1]	C
Agricultural and Natural Resources
Resource protection and restoration	P	P
Civic and Recreation
Civic institutions	P	C
Colleges and trade schools	P [2]	-
Emergency shelter	P	-
Government facilities	P	C
Instructional services	P [2]	-
Parks and playgrounds	P	P
Schools, public and private	P [2]	-
Social services	C	-
Infrastructure and Utilities
Airport	P	-
Public agency corporation yard	P	-
Public utility	C	-
Recycling collection facility	C	-
Other Uses
Accessory uses	See 155.304.020
Temporary uses	See 155.336
Wireless telecommunication facilities	C	C	Municipal Code Chapter 159
Notes: [1] City owned or operated only. [2] Public schools only.

(B) Incidental commercial use. With a minor use permit, the Director may allow in the PF and PR Zoning Districts a retail, commercial service, office or other use not listed in Table 216-1 if:

(1) The use is incidental to a permitted use; and

(2) The establishment of the use would have a public benefit as determined by the Director.

(C) Additional permits. In addition to permits identified in Table 216-1, proposed projects in the public zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.216.030 DEVELOPMENT STANDARDS.

Table 216-2 identifies development standards in the public zoning districts.

Table 216-2: Development Standards - Public Zoning Districts
Standard	Zoning District		Additional Standards
Standard	Public Facilities PF	Parks and Recreation PR	Additional Standards
Maximum floor area ratio	4.0	4.0
Maximum building height	75 ft.	50 ft.	155.308.020
Minimum setbacks			155.308.030
Front	0 ft.	0 ft.
Exterior Side	0 ft.	0 ft.
Interior side	0 ft. [1]	0 ft. [1]
Rear	0 ft. [2]	0 ft. [2]
NOTES TO TABLE: [1] 10 ft. min when abutting a residential zoning district. [2] 20 ft. min when abutting a residential zoning district.

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

§ 155.220.010 PURPOSE OF RESOURCE-RELATED ZONING DISTRICTS.

(A) General. The purpose of the resource-related zoning districts is to protect agricultural lands, open space and natural habitats with important economic, cultural and environmental value to Eureka and the broader region.

(B) Specific.

(1) Agricultural (A). The purpose of the A Zoning District is to protect and conserve agricultural lands and to support agricultural activities as an important contributor to the local and regional economy. The A Zoning District allows the production of crops, livestock grazing, animal and poultry raising, apiaries, dairies, stables and associated residences and farmworker housing. The A Zoning District is intended to protect land, including farmed or grazed wetlands, that is primarily suitable for long-term agricultural and wildlife habitat uses and to ensure adequate separation from adjacent development.

(2) Natural Resources (NR). The purpose of the NR Zoning District is to protect and restore land-based habitats and natural resources in Eureka. The NR Zoning District protects land that is primarily suitable for permanent habitat preservation, compatible resource-related uses, nature study and natural resource-related recreation. Public access, passive recreation, active recreation and visitor-related facilities are allowed to the extent such activities do not negatively impact or degrade natural resources. The NR Zoning District aims to protect surface water resources, riparian habits, ground water and water quality, sensitive biological resources and open space.

(3) Coastal zoning districts.

(a) The following resource-related zoning districts are located exclusively in Eureka’s coastal zone:

1. Agricultural - Coastal (A-CZ);

2. Natural Resources - Coastal (NR-CZ);

3. Water Development - Coastal (WD-CZ); and

4. Water Conservation - Coastal (WC-CZ).

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

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

§ 155.220.020 ALLOWED LAND USES.

(A) General. Table 220-1 identifies allowed land uses and required permits in the resource-related zoning districts.

Table 220-1: Allowed Land Uses in Resource-Related Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited
Land Use	Zoning District		Additional Standards
Land Use	Agricultural A	Natural Resource NR	Additional Standards
Residential
Accessory dwelling unit (ADU)	P	-	155.316
Farmworker housing	P	-
Single-family detached home	P	-
Commercial - Service and Office
Kennel-animal boarding	P	-
Outdoor commercial recreation	-	-
Agricultural and Natural Resource
Agricultural processing	C	-
Agriculture	P	P [1]
Resource protection and restoration	P	P
Timber production and harvesting	-	C
Civic and Recreation
Parks and playgrounds	-	C [2]
Infrastructure and Utilities
Public utility	C	-
Other Uses
Accessory uses	See 155.304.020
Animal keeping	See Municipal Code Ch. 91
Cannabis uses	See Municipal Code Ch. 158
Home occupation	See 155.304.070
Temporary uses	See 155.336
Wireless telecommunication facilities	C	-	Municipal Code Ch. 159
NOTES TO TABLE: [1] Limited to grazing-related uses only. [2] Only recreation with limited improvements is permitted. Allowed improvements include informational kiosks, parking areas, play structures and other similar improvements.

(B) Additional permits. In addition to permits identified in Table 220-1, proposed projects in the natural resource zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

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

§ 155.220.030 DEVELOPMENT STANDARDS.

(A) General. Table 220-2 identifies development standards in the resource-related zoning districts.

Table 220-2: Development Standards - Resource-Related Zoning Districts
Standard	Zoning District		Additional Standards
Standard	Agricultural A	Natural Resource NR	Additional Standards
Minimum lot area [1]	20 acres	No min.	155.308.010
Maximum density (du/acre)	2 units per 20 acres [2]	N/A
Maximum building height			155.308.020
Residential structures	35 ft.	N/A
Non-residential structures	50 ft.	50 ft.	155.220.030(B)
Minimum setbacks			155.308.030
Front	30 ft.	No min.
Exterior side	30 ft.	No min.
Interior side	30 ft.	No min.
Rear	30 ft.	No min.
NOTES TO TABLE: [1] Minimum lot area standard applies only to new lots created through the subdivision process after June 20, 2019. [2] Excludes allowed farm worker housing.

(B) Height exceptions for non-residential structures.

(1) With Director approval of an administrative adjustment, water tanks, agricultural processing equipment and silos, aggregate processing equipment, granaries, barns, pole buildings, electronic towers, antennas and similar structures associated with agricultural and natural resource uses may exceed 50 feet in height.

(2) To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find the structure does not exceed the maximum height necessary to perform its intended function.

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

§ 155.224.010 PURPOSE OF OVERLAY ZONES.

(A) General. An overlay zone is a defined geographic area shown on the Zoning Map where special requirements or limitations apply, in addition to the underlying base zoning district requirements.

(B) Conflicting requirements. Whenever a requirement of an overlay zone conflicts with a requirement of the underlying base zoning district, the overlay zone requirement controls.

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

§ 155.224.020 QUALIFIED OVERLAY.

(A) Purpose. The purpose of the Qualified (QO) Overlay Zone is to limit the land uses allowed in a zoning district when applied to a specific property. The QO Overlay Zone is intended for unique circumstances where use limitations are necessary to reduce impacts and promote compatibility between neighboring properties.

(B) Allowed restrictions. When the QO overlay is applied to a property, the ordinance establishing the overlay may:

(1) Prohibit land uses that are otherwise allowed in the applicable base zoning district;

(2) Impose more stringent development standards on allowed use; and/or

(3) Require a use permit for allowed land uses that are otherwise permitted by-right.

(C) Limitations; general plan compliance. Land use and development restrictions established by the QO Overlay Zone must be consistent with the General Plan. For example, the QO Overlay Zone may not prohibit multi-family dwellings on a site where multi-family housing is expressly allowed by the applicable General Plan land use designation.

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

§ 155.224.030 NEIGHBORHOOD MARKET OVERLAY.

(A) Purpose. The purpose of the Neighborhood Market (Nmo) Overlay Zone is to allow for the continuation, re-establishment or creation of new neighborhood-serving commercial uses in residential zoning districts. These neighborhood-serving commercial uses are intended to:

(1) Protect the historic character and unique identity of Eureka’s neighborhoods;

(2) Increase opportunities for social interaction and community-building in neighborhoods;

(3) Promote economic vitality by expanding opportunities for locally-owned businesses;

(4) Promote public safety by increasing pedestrian activity in residential neighborhoods;

(5) Increase opportunities for residents of all ages and abilities to easily access stores and services;

(6) Reduce vehicle trips and decrease traffic congestion by increasing opportunities for residents to walk to destinations; and

(7) Provide opportunities for neighborhood-based healthy food opportunities.

(B) Applicability. The NMO designation applies to properties shown on the Zoning Map and identified in this section.

(1) Included uses. Permitted neighborhood-serving commercial uses are exclusively limited to the following:

(a) General retail, limited to:

1. Establishments serving the daily needs of neighborhood residents (e.g., markets selling food products and household products such cleaning supplies, paper towels, laundry products);

2. Retail bakeries and other establishments primarily selling specialized foods prepared on-site; and

3. Bookstores.

(b) Restaurants, cafés and beverage sales;

(d) Small fitness, dance or heath facilities;

(e) Personal services, limited to barbershops, hair salons, nail salons and health spas; and

(f) Other similar uses as determined by the Director that meet the purpose of the NMO designation.

(2) Upper floor residential. Residential units are permitted on upper floors above a neighborhood-serving commercial use.

(3) Excluded uses. Neighborhood-serving commercial uses exclude the following, as defined in § 155.504 (Land Use Classifications):

(a) Bars;

(b) Drive-thru facilities;

(d) Adult entertainment;

(e) Business services and heavy commercial;

(f) General retail outdoor;

(g) General services, including banks, funeral parlors, laundromats and other general services as defined in § 155.504 (Land Use Classifications);

(h) Offices;

(i) Medical offices and clinics;

(j) Vehicle repair, towing and sales; and

(k) Other similar uses as determined by the Director.

(D) Existing neighborhood-serving commercial uses.

(1) Table 224-1 lists properties with an NMO designation where a neighborhood-serving commercial use was present as of June 20, 2019.

Table 224-1: Historical NMO Properties with Neighborhood-Serving Commercial Uses Existing as of June 20, 2019
NMO Zone #	APN	Address	Existing Use
NMO-1	009-125-0 02	2100 California Street	Retail establishment serving the daily needs of neighborhood residents (market)
NMO-2	005-022-0 07	1011 H Street	Instructional services for personal enrichment (dance studio)
NMO-3	010-111-0 04	3500 F Street	Retail establishment serving the daily needs of neighborhood residents (market)
NMO-4	005-145-0 07	1201 11th Street	Retail establishment serving the daily needs of neighborhood residents (market)
NMO-5	011-185-0 01	3100 K Street	Retail establishment serving the daily needs of neighborhood residents (market)
NMO-6	009-022-0 26	2338 Albee Street	Retail establishment serving the daily needs of neighborhood residents (market)

(2) An existing neighborhood-serving commercial use may continue as a permitted land use without Department approval if the use continues as the existing use described in Table 224-1.

(3) An existing neighborhood-serving commercial use on a property in Table 221-4 may change to a different (new) type of neighborhood-serving commercial use with approval of a conditional use permit.

(4) If a neighborhood-serving commercial use on a property in Table 224-1 ceases operations for 12 consecutive months or more, re-establishing a neighborhood-serving commercial use requires a conditional use permit.

(E) New neighborhood-serving commercial uses.

(1) Table 224-2 lists properties with an NMO designation where a neighborhood-serving commercial use previously existed, though some were not present as of June 20, 2019.

(2) Establishing or re-establishing a neighborhood-serving commercial use on a property in Table 224-2 requires a conditional use permit.

Table 224-2 Neighborhood Commercial Overlay NMO Properties with Prior Neighborhood-Serving Commercial Uses
NMO Zone #	APN	Address
NMO-7	004-021-012	1100 California Street
NMO-8	004-101-007	1037 B Street
NMO-9	004-116-001	1305 California Street
NMO-10	004-251-013	1505 F Street
NMO-11	005-015-008	931 H Street
NMO-12	005-134-011	1833 J Street
NMO-13	010-024-002	2304 A Street
NMO-14	008-014-008	2329 Fairfield Street
NMO-15	018-181-026	3911 Campton Road
NMO-16	004-234-006	405 13th Street

(F) Performance standards. All new neighborhood-serving commercial uses must comply with the following performance standards.

(1) Noise. Neighborhood serving commercial uses must comply with Municipal Code §§ 94.01 et seq. (Noise).

(2) Hours of operation. A neighborhood-serving commercial use may be open to the public only between the hours of 7:00 a.m. and 11:00 p.m. unless extended hours of operation are approved with a conditional use permit.

(3) Live entertainment. Live entertainment may include only unamplified music, book readings and other similar quiet activities appropriate for residential neighborhoods. Amplified live entertainment is prohibited.

(4) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight, except for FedEx, UPS or USPS-type deliveries and pick-up.

(5) Solid waste and recycled materials.

(a) Location. Solid waste/recyclable material collection and storage areas must be located a minimum of 15 feet from any adjoining residential lot line.

(b) Screening. All outdoor collection and waste storage areas must be screened from view from an adjoining residential property by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans and seven feet for dumpsters.

(G) Building and site standards. Neighborhood-serving commercial uses must comply with the following building and site standards.

(1) Indoor areas for customers and clients may not exceed 2,000 square feet.

(2) Establishments that provide food and/or beverage service are limited to seating for 30 people.

(3) Exterior sales windows (e.g., concession stands) without interior customer space are not permitted.

(4) No more than three on-site parking spaces may be added to the site for customer parking. Parking areas must comply with design standards in § 155.324 (Parking).

(H) Development standards.

(1) (a) Notwithstanding § 155.224.030(G) (Building and Site Standards), an NMO property is subject to either:

1. The development standards of the applicable base zoning district; or

2. The existing conditions of the site and building at the time of NMO designation, whichever is less restrictive.

(b) For example, if an existing NMO building has a five-foot front setback and the applicable zoning district requires a ten-foot setback, the NMO building is subject to a minimum five-foot front setback requirement. If an NMO building has a height of 20 feet in a zoning district with a 35-foot maximum height, the NMO building is subject to the 35-foot maximum height standard.

(2) The development standards in this division (H) apply only to buildings occupied by a neighborhood-serving commercial use and upper floor residences above a neighborhood-serving commercial use. Buildings occupied by any other allowed use must comply with the development standards of the applicable zoning district.

(I) Applying the NMO to additional properties.

(1) In addition to properties identified in Tables 224-1 and 224-2, the City Council may apply the NMO designation to any property in a residential zoning district, regardless of the property size, location or current use.

(2) To apply the NMO designation to additional properties, the City Council must approve a Zoning Code amendment (Zoning Map and text) in conformance with § 155.432 (Zoning Code and General Plan Amendments).

(3) To approve the Zoning Code amendment, the City Council must make the findings in § 155.432.070 (Findings for Approval) and find the proposed NMO use(s) will substantially advance the purpose of the NMO overlay as described in § 155.224.030(A) (Purpose).

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

§ 155.224.040 SPECIAL CONSIDERATIONS OVERLAY.

(A) Purpose. The purpose of the special considerations (SCO) Overlay Zone is to allow for high-quality development that deviates from the Zoning Code while remaining consistent with the General Plan. The SCO Overlay Zone is intended to promote creativity in building design, flexibility in permitted land uses and innovation in development concepts. The SCO Overlay Zone provides the city with enhanced flexibility to address unique site characteristics and allow projects that will provide public benefits for residents, employees and visitors.

(B) Where allowed. The SCO Overlay Zone may be applied to any property in Eureka.

(C) Designated properties. The SCO overlay applies to properties shown on the Zoning Map and listed in Table 224-3. Each property subject to the SCO Overlay Zone will be listed in Table 244-3 with property information, the city ordinance applying the overlay to the property (“implementing ordinance”) and a summary of the development allowed by the overlay on the property.

(D) Allowed modifications to regulations. When the SCO overlay is applied to a property, the implementing ordinance may allow for modification to any land use regulation or development standard in the Zoning Code, subject to the limitations in § 155.224.040(E) (General Plan Compliance).

(E) General plan compliance. Modifications allowed by the SCO Overlay Zone must be consistent with the General Plan. For example, the SCO Overlay Zone may not allow a floor area ratio (FAR) on a property that is greater than the maximum FAR for the applicable General Plan land use designation.

(F) Required approvals.

(1) Zoning Code amendment. To apply the SCO Overlay Zone to a property, the City Council must approve a Zoning Code and Zoning Map Amendment in accordance with § 155.432 (Zoning Code and General Plan Amendments).

(2) Subsequent approvals. A development project proposed in an SCO Overlay Zone must receive all permits and approvals required by the Zoning Code, unless specifically modified by the implementing ordinance.

(G) Conditions of approval. When the SCO overlay is applied to a property, the City Council may identify in the implementing ordinance conditions of approval that will apply to any proposed project on the property.

(H) Effect of designation.

(1) Development in the SCO Overlay Zone is allowed as specified in the implementing ordinance for the property.

(2) Proposed projects in an SCO Overlay Zone must comply with all Zoning Code requirements, except as specifically modified by the implementing ordinance or as otherwise allowed by the Zoning Code.

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

§ 155.224.050 GULCH GREENWAY OVERLAY ZONE.

(A) Purpose. The purpose of the Gulch Greenway (GG) overlay zone is to preserve gulches and greenways as unique and valuable community assets.

(B) Definitions. Terms used in this subsection are defined as follows:

DEVELOPMENT. Any of the following:

(a) Constructing or establishing a new structure.

(b) Moving, reconstructing, expanding, or demolishing an existing structure.

(d) Grading and temporary ground disturbance.

(e) Removing and trimming trees and other vegetation.

(f) Installing utilities and site development infrastructure, including roads and driveways.

FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

GULCH GREENWAY BUFFER AREA.

(a) All areas:

1. Fifty feet beyond the break in slope adjacent to a stream or edge of the riparian drip line, whichever is greater (See Figure 224-1); and

2. One hundred feet from the edge of a seasonal or perennial wetland.

(b) Distances from environmental features are measured using horizontal distance, perpendicular to the feature, regardless of slope.

Figure 224-1: Gulch Greenway Management Area

GULCH GREENWAY MANAGEMENT AREA (GGMA).

(a) Areas within the GG overlay zone with one or more of the following features (excluding areas described in division (b) below):

1. Slopes of 20% or greater.

2. Stream channels and banks extending beyond the top of bank to the adjacent break in slope.

3. Riparian habitat adjacent to streams, extending to the outermost edge of the riparian dripline, determined using:

a. 2023 aerial photography on file with the city; or

b. The most recent aerial photography in cases where legally established development approved by the city modified the 2023 riparian dripline.

4. Wetlands.

5. Gulch greenway buffer areas as defined in this division.

(b) GGMA does not include:

1. An improved outdoor area, as defined in this division, associated with a legally established use; and

2. The footprint of a legally established structure.

GULCHES AND GREENWAYS. The vegetated areas in and around a ravine or valley, typically containing a stream or wetland.

IMPROVED OUTDOOR AREA. An area that has experienced significant alteration from its natural condition as a result of legally authorized clearing, grading, paving, construction, landscaping, or other activities, as determined by the Director. Includes yards, gardens, landscaping, and perimeter fencing associated with a legally-established use.

RIPARIAN HABITAT. Areas with plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (rivers, streams, lakes, or drainage ways). RIPARIAN HABITAT has one or both of the following characteristics:

(a) Distinctly different vegetative species than adjacent areas.

(b) Species similar to adjacent areas but exhibiting more vigorous or robust growth forms.

STREAM. A perennial, intermittent, or ephemeral watercourse, whether naturally or artificially created, identified by a qualified professional through site inspection or on U.S. Geological Survey Maps.

WETLAND. An area where, under normal circumstances, all of the following occur:

(a) Continuous or recurrent saturation of the upper substrate, caused by groundwater, or shallow surface water, or both.

(b) The duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate.

(d) The State Water Resources Control Board's definition of waters of the state applies.

WHEELED MECHANIZED EQUIPMENT. Heavy construction equipment such as tractors, excavators, skid steers, or similar machinery used for grading, earthmoving, or substantial vegetation removal. Does not include wheelbarrows, push or ride-on lawn mowers, or handheld landscaping tools.

(1) General.

(a) Development in the GG Overlay Zone requires permits shown in Table 224-1. See division (C)(3) below for Gulch Greenway permit information.

(b) Required permits in Table 224-1 are in addition to other permits and approvals required by the Zoning Code.

Table 224-1: Permits Required in GGMA
C= Conditional Gulch Greenway permit ZC = Zoning clearance M = Minor Gulch Greenway permit - = Prohibited P = Permitted (no zoning clearance required)
	In GGMA
New Structures
Primary dwellings	C
Accessory dwelling unit	ZC [1]
Residential accessory structures, fences and walls	C [8]
Hospitals and medical offices and clinics in the HM Zoning District	C
Other non-residential structures	-
Existing Structures
Moving an existing structure	M
Reconstructing an existing structure	C [9]
Repairing, maintaining, and remodeling an existing structure [2]	ZC [3]
Additions that expand the footprint of an existing structure into GGMA
Residential structures	C
Hospitals and medical offices and clinics in the HM zoning district	C
Other types of non-residential structures	-
Demolishing an existing structure
No wheeled mechanized equipment entering GGMA	ZC
Wheeled mechanized equipment entering GGMA	M
Land Divisions
Subdivisions and lot line adjustments	C [4]
Tree and Vegetation Removal [10]
Invasive and exotic plant removal [5]
With neither wheeled mechanized equipment entering GGMA nor herbicide	P
With wheeled mechanized equipment entering GGMA and/or herbicide [6]	M
Protected tree removal	See 155.304.140
Native vegetation removal (no protected tree removal)
Less than 1,000 sq. ft. with neither wheeled mechanized equipment entering the GGMA nor herbicide	P
Less than 1,000 sq. ft. with wheeled mechanized equipment entering GGMA and/or herbicide [6]	M
1,000 sq. ft. or more with or without wheeled mechanized equipment or herbicide	C
Site Disturbances
Grading less than 5 cubic yards and 500 sq. ft. disturbed area
On slopes less than 20% and outside of wetlands and streams	ZC
On slopes 20% or more or within a wetland or stream	M
Grading more than 5 cubic yards or 500 sq. ft. disturbed area	M
New or replaced buried utility lines
Not crossing a stream or wetland	ZC
Crossing a stream and/or wetland	M
New or expanded site improvements to serve on-site uses [7]	C
Other Uses and Activities
Public trails and associated recreational amenities	P
Trash removal	P
Resource management programs and habitat restoration projects approved by a state or federal governmental agency	P
Public utilities	C
NOTES: [1] Permitted in GGMA only if 1) physical constraints on the property preclude ADU development outside of GGMA; and 2) the city must allow the ADU development in GGMA pursuant to state law. [2] Applies only to projects that do not expand the footprint of the structure into GGMA. [3] Zoning clearance required only if a building permit is required. [4] A subdivision or lot line adjustment in GGMA means the existing parcels to be subdivided or adjusted contain GGMA. Conversely, if the entirety of the existing parcels to be subdivided or adjusted do not contain GGMA, the subdivision or lot line adjustment is not in GGMA. [5] Includes associated trimming of native plants, performed without wheeled mechanized equipment entering the GGMA. [6] Targeted, spot application of herbicide in compliance with herbicide labels for the purpose of removing invasive plant species may be permitted in the GGMA with a zoning clearance. [7] Includes improved yard areas, circulation infrastructure (e.g., roads, driveways, sidewalks, trail, pathways), utility infrastructure (e.g., water, wastewater, stormwater, electrical, gas, communications), stream crossings, bank stabilization, and flood control improvements. [8] Wildlife-friendly fences and walls, as determined by the Director in consultation with the California Department of Fish and Wildlife and with reference to A Landowner's Guide to Wildlife Friendly Fences (Montana Fish, Wildlife and Parks, 2012), may be allowed with a zoning clearance. Exclusion fencing may be considered wildlife-friendly only if it is limited to areas needed for safety or property protection (e.g., child play areas, gardens, animal enclosures), sited to preserve habitat connectivity and migration routes, and designed to avoid risk of entanglement and injury (e.g., no decorative spikes or barbs on the top rail; narrow or no gaps between slats to prevent wildlife from attempting to squeeze through). [9] If a legally-existing structure is damaged or destroyed by earthquake, fire, flood, or other calamity, the structure may be reconstructed with a zoning clearance provided the reconstruction does not expand the structure's footprint further into GGMA. [10] Vegetation removal required by the property owner's or prospective property owner's insurance company as a condition of maintaining or obtaining coverage may be approved with a zoning clearance, based on evidence of the requirement, regardless of whether the removal would otherwise require a minor or conditional Gulch Greenway permit.

(2) Permits from other agencies.

(a) Obtaining a permit from the city does not preclude the need for permits that may be required by other governmental agencies, including the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the U.S. Army Corps of Engineers.

(b) Whenever a requirement in this subsection conflicts with a requirement of another jurisdiction, the requirement most protective of natural resources will apply.

(3) Gulch Greenway permits.

(a) Purpose. A Gulch Greenway permit is a discretionary permit to ensure that development in GGMA minimizes and mitigates natural resource impacts to the extent feasible.

(b) Types.

1. There are two types of Gulch Greenway permits: minor Gulch Greenway permits approved by the Director and conditional Gulch Greenway permits approved by the Planning Commission.

2. If a project triggers multiple Gulch Greenway permits as shown in Table 224-1, only one permit is required and shall be acted on by the highest review authority. For example, if different aspects of a project require both a minor Gulch Greenway permit and a conditional Gulch Greenway permit pursuant to Table 224-1, only a conditional Gulch Greenway permit is required with this permit acted on by the Planning Commission.

1. Table 224-2 shows the review authority and public notice and hearing requirements for Gulch Greenway permits.

2. For projects that require a minor Gulch Greenway permit, the Director may refer the application to the Planning Commission for public hearing and decision.

Table 224-2: Gulch Greenway Permits
	Review Authority	Public Notice	Public Hearing
Minor Gulch Greenway permit	Director	Notice of pending action. See 155.408.090	Only after receiving written request. See 155.408.090(C)
Conditional Gulch Greenway permit	Planning Commission	Notice of public hearing. See 155.408.080	Required. See 155.408.100.

(d) Considerations. When evaluating a Gulch Greenway permit application, the review authority shall consider the following:

1. Changes to the area (quantity) of Gulch Greenway habitat.

2. Continuity of and connections between habitat areas.

3. Impacts on habitat quality and complexity.

4. Water quality.

5. Scenic and visual impacts.

6. Public recreational opportunities.

7. Noise and light impacts on habitat.

8. Human and pet encroachment into habitat.

9. Erosion, runoff, flooding, and fire hazards.

10. Changes to the natural topography and existing landforms.

11. Changes to the natural course of waterways.

12. Impacts on slope stability.

(e) Findings for approval. To approve a Gulch Greenway permit, the review authority must make the following findings:

1. The project complies with applicable standards in this subsection.

2. The project minimizes and mitigates impacts to fish and wildlife habitat and movement corridor values to the extent feasible.

3. The project minimizes risk of damage to development—both on and outside the subject property—from erosion, flooding and fire hazards.

4. The project protects the water quality and hydrology of Humboldt Bay and its tributaries.

(D) Permitting process.

(1) General. Applications for permits required by this subsection must be filed and processed as required by § 155.408.

(2) Project plans.

(a) Project plans prepared by the applicant shall show the boundaries of GGMA on the property and the location of all proposed development as defined in this subsection.

(b) GGMA boundaries are subject to review and confirmation by the Director.

(3) Consultant review. The city may require technical studies, application review, and a site visit by a qualified professional with expertise in hydrology, biology, or geology. The applicant is responsible for costs associated with this review.

(4) CDFW referrals. The city shall refer all building and planning applications in the GG Overlay Zone to the California Department of Fish and Wildlife (CDFW) for review and comment.

(5) Conditions of approval.

(a) Pursuant to § 155.408.110, the city may attach conditions of approval to permits for development in the GG Overlay Zone. Conditions of approval may be required to avoid or reduce impacts to natural resources or to mitigate impacts such as by improving the quality of GGMA.

(b) As a condition of approval, the city may require the applicant to file with the County Recorder a deed restriction identifying conditions of permit approval and limitations applying to the property pursuant to this subsection. The deed restriction shall be binding upon any successor in ownership of the property.

(E) Standards.

(1) Work in seasonal wetlands and streams; when permitted.

(a) Work in seasonal wetlands and streams is permitted only between June 1 through October 31.

(b) The Director may grant an exception to this requirement when:

1. The applicant proceeds in good faith to complete the work before November 1;

2. Circumstances outside the applicant's control prevent completion of work before November 1; and

3. Measures are put in place to avoid adverse impacts to natural resources to the extent feasible.

(2) Water quality. Development must comply with all applicable water quality protection standards, including but not limited to:

(a) Municipal Code Chapter 54 (Storm Water Quality Management and Discharge Control);

(b) Municipal Code §§ 150.200 et seq. (Construction Site Erosion Control); and

(3) Outdoor lighting. Outdoor lighting must comply with standards in § 155.308.050.

(4) Trees. Tree removal must comply with § 155.304.140.

(5) Bird nesting sites.

(a) During the bird nesting season (March 15 through August 15), disturbance to vegetation should be avoided except lawn mowing and weeding, and active bird nests must be thoroughly checked for before trimming or removing vegetation, to prevent harm to migratory birds in compliance with the Migratory Bird Treaty Act.

(b) Tree removal must comply with requirements to protect bird nesting sites in § 155.304.140(E).

(6) Rubbish and yard waste disposal. Properties are subject to existing prohibitions on dumping, including the disposal of yard waste or other rubbish into the gulch, as set forth in Municipal Code §§ 94.15 et seq.

(7) Invasive plants and weeds.

(a) Development must comply with the invasive plant prohibition in § 155.328.050(E).

(b) Properties must comply with weed abatement requirements in Municipal Code §§ 94.15 et seq.

(8) Temporary ground disturbances.

(a) An area of temporary ground disturbance associated with a construction project must be restored to its pre-disturbance state or to a state of greater biological and hydrological function and value within two years of project completion.

(b) If necessary, restoration measures may include decompacting soil, site recontouring, and/or revegetation with locally-appropriate native species.

(9) Subdivisions.

(a) A subdivision is permitted only if all parcels intended for development contain a buildable area and access thereto located entirely outside of GGMA except as allowed by division (E)(9)(b) below.

(b) The city may allow a subdivision with buildable area in GGMA if the review authority finds all of the following:

1. One or both of the following apply:

a. Development in GGMA is necessary to accommodate new housing on the property in compliance with state law, including but not limited to the Housing Crisis Act (Cal. Government Code §§ 66300 et seq.).

b. The public benefits of development in GGMA outweigh any unavoidable adverse impacts to natural resources.

2. The subdivision minimizes and mitigates adverse impacts to natural resources to the maximum extent feasible.

3. A development alternative with all buildable area outside of GGMA is infeasible.

(d) Designated open space areas must be identified on the tentative map and recorded final map and must be guaranteed in perpetuity using one or more of the following methods:

1. Dedication of a conservation easement to a public agency or a public interest land trust;

2. Dedication of land in fee-title to a public agency; or

3. Recordation of a deed restriction with the County Recorder.

(e) Conservation subdivisions pursuant to § 155.332.040 are permitted, but not required, within the GG Overlay Zone.

(Ord. 961-C.S., passed 7-15-25)