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Eureka City Zoning Code

CITYWIDE STANDARDS

§ 155.304.010 PURPOSE.

   This § 155.304 establishes supplemental standards that apply to specific land uses and development in all zoning districts.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.020 ACCESSORY USES.

   (A)   Relationship to primary use.
      (1)   An accessory use must be related to and serve the purpose of the primary use on the site.
      (2)   An accessory use must be clearly incidental and subordinate to the primary use on the site, which may be demonstrated by factors such as the floor area of the use, economic importance of the use, and the number of customers/visitors generated by the use.
      (3)   If the primary use is destroyed or removed, the accessory use is no longer allowed.
   (B)   Maximum size. The following maximum size standards apply to all accessory uses except accessory dwelling units (ADUs):
      (1)   When an accessory use other than a structure for residential vehicle parking and/or storage is located within a building, the total floor area of the accessory use may not exceed 49% of the habitable floor area of the building containing the associated primary use.
      (2)   The floor area of a residential garage or a shed may not exceed 100% of the habitable floor area of the building containing the associated primary use.
      (3)   The Director may allow the floor area of an accessory use to exceed the limitation with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that:
         (a)   The accessory use complies with § 155.304.020(A) (Relationship to Primary Use); and
         (b)   Unique circumstances associated with the primary use warrant the additional floor area for the accessory use.
   (C)   Location. An accessory use must be located on the same site as the primary use.
   (D)   Timing of establishment. An accessory use may not be established before the primary use is established.
   (E)   Residential accessory uses. Accessory uses customarily associated with a place of residence on the same site are permitted. Allowed accessory uses include, but are not limited to the following:
      (1)   Home occupations in conformance with § 155.304.070 (Home Occupations);
      (2)   Garage and yard sales in conformance with § 155.336.040(B) (Garage Sales);
      (3)   Keeping of domestic pets in conformance with Municipal Code Chapter 91 (Animals);
      (4)   Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);
      (5)   Gardening, landscaping, and open space management in conformance with Municipal Code §§ 94.15 et seq. (Weeds, Rubbish and Debris);
      (6)   Storage of personal household property inside a permitted structure; and
      (7)   Personal hobbies for non-commercial purposes.
   (F)   Non-residential accessory uses. Accessory uses customarily associated with a primary non-residential use on the same site are permitted. Allowed accessory uses include, but are not limited to the following:
      (1)   Administrative offices for the primary use;
      (2)   Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);
      (3)   Wholesale or retail sales to a buyer's custom order of goods produced by the primary use;
      (4)   Back-of-the-house niche manufacturing of products sold in a retail facility (such as chocolate production in the back of a candy store, craft beer brewing in a restaurant/brewery, or guitar fabrication in the back of a music instrument store);
      (5)   The storage of goods associated with the primary use in conformance with § 155.304.110 (Outdoor Storage);
      (6)   Tasting rooms associated with a food or beverage production use;
      (7)   Caretaker units in the industrial and public zoning districts; and
      (8)   Other similar uses as determined by the Director through a zoning clearance.
(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)

§ 155.304.030 ADULT ENTERTAINMENT.

   (A)   Purpose and applicability. This section establishes standards for the location, approval and operation of adult entertainment as defined in § 155.304.030(B) (Definitions).
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ADULT ENTERTAINMENT.
         (a)   A business which either:
            1.   Provides live entertainment or performances that involve the display of specified anatomical areas or specified sexual activities; or
            2.   Displays pornographic films, photographs or other still or moving images with an emphasis on specified anatomical areas or specified sexual activities.
         (b)   ADULT ENTERTAINMENT includes, but is not limited to, strip clubs, adult movie theaters, adult arcades, adult motels and places that engage in or allow couch dancing, topless dancing, nude or semi-nude mud wrestling and similar businesses.
      SPECIFIED ANATOMICAL AREAS. Any of the following:
         (a)   Less than completely and opaquely covered human genitals, pubic region, anus or female breasts below a point immediately above the top of the areolae; and/or
         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      SPECIFIED SEXUAL ACTIVITIES. Any of the following:
         (a)   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
         (b)   Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
         (c)   Masturbation, actual or simulated;
         (d)   Human genitals in a state of sexual stimulation, arousal or tumescence; and
         (e)   Excretory functions.
   (C)   Exceptions. The following types of businesses are not considered adult entertainment and are exempt from the requirements of this section:
      (1)   Retail sales. The sale of adult-oriented merchandise related to specified anatomical areas or specified sexual activities as defined in § 155.304.030(B) (Definitions), including adult bookstores, adult video rental stores, adult novelty stores and art galleries. All such uses must comply with Cal. Penal Code Title 9, Ch. 7.5, (Obscene Matter) and other applicable obscenity and indecent behavior laws (e.g., sexually-explicit merchandise may not be visible from building exterior);
      (2)   Therapeutic massage. Massage conducted by a massage therapist certified by the California Massage Therapy Council;
      (3)   Medical or psychological therapies. The medical or psychological therapeutic activities of state-licensed doctors, psychologists, psychiatrists or marital or sexual therapists;
      (4)   Modeling or theatrical performances. Nude modeling done in connection with an educational program or artistic endeavor. Occasional theatrical performances, either live or in motion picture theaters, in which nudity is incidental to the content of the presentation; and
      (5)   Private non-commercial behavior. This section does not regulate the private behavior of adults, which is otherwise permitted by law, where there is no payment, gratuity, exchange of labor or goods or other consideration of a transaction.
   (D)   Permit required. A conditional use permit is required to:
      (1)   Establish an adult entertainment use as a new business;
      (2)   Convert an existing business to an adult entertainment use; or
      (3)   Add activities that qualify as an adult entertainment use to an existing business.
   (E)   Location.
      (1)   LI and HN Zoning Districts only. Adult entertainment is allowed only within the Hinge (HN) and Light Industrial (LI) Zoning Districts.
      (2)   Prohibited on Highway 101. Adult entertainment is not permitted on properties fronting Highway 101 (Broadway, 4th Street or 5th Street).
      (3)   Other adult businesses. An adult entertainment use may not be established or located within 500 feet of any other adult entertainment use.
      (4)   Sensitive land uses. An adult entertainment use may not be established or located within 500 feet of a sensitive land use. A SENSITIVE LAND USE means any one of the following:
         (a)   A residential zoning district or residential use (not including caretaker units);
         (b)   A religious institution, on land leased or owned by any church, synagogue, mosque, temple or any school or meeting hall operated by such institution;
         (c)   A public or private elementary, junior high or high school, preschool or child day care center;
         (d)   A public park on which recreation games may be played, including lawn and parking areas, but excluding natural open space areas where no recreational facilities are present;
         (e)   A public assembly or public use civic building, including libraries, community centers, post offices, but excluding police and fire stations; and
         (f)   Other land uses oriented to youth/minors as determined by the Director (e.g., toy stores, ice cream shops and the like).
   (F)   Application review/conditions of approval.
      (1)   Applications to establish adult entertainment shall be reviewed by the City of Eureka Chief of Police. The Chief of Police shall recommend to the Planning Commission conditions of approval necessary to protect the public health, safety, and welfare.
      (2)   Conditions of approval may address hours of operation, lighting, management supervision, security, visibility, signage, access by minors, live performances, the configuration of interior spaces, and other development and operational standards as needed.
      (3)   To approve an adult entertainment use, the Planning Commission must make all findings in § 155.412.120(F) (Findings for Approval) and may attach any additional conditions of approval in accordance with § 155.408.110 (Conditions of Approval).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.304.040 CAR SHARE FACILITIES.

   Car share facilities in the R2 and R3 Zoning Districts are subject to the following.
   (A)   On-site employees and on-site servicing and repair of vehicles is prohibited.
   (B)   Electric vehicles (EV) charging stations and covered parking is allowed.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.050 EMERGENCY SHELTERS.

   (A)   Purpose and intent. This section establishes standards for emergency shelters in compliance with Cal. Gov’t Code § 65583(a)(4).
   (B)   Permitted zoning district. Emergency shelters are allowed in zoning districts as shown in the allowed use tables in the Zoning District Standards subchapter.
   (C)   Standards.
      (1)   Buildings and open space. An emergency shelter may be established within one or more buildings or outside of buildings in open space areas.
      (2)   Number of residents. For emergency shelters occupying a building, the Building Official and/or Fire Marshal will determine the maximum number of residents permitted to occupy an emergency shelter based on Building Code occupant loading requirements.
      (3)   Length of stay. The length of stay at an emergency shelter may not exceed one year.
      (4)   Separation. An emergency shelter may be located no closer than 50 feet from another emergency shelter.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.304.060 FAMILY DAY CARE HOMES.

   (A)   License. Family day care home providers must obtain and maintain a license from the State of California Department of Social Services.
   (B)   Separation; large family day care homes. A large family day care home in a residential zoning district may not be located within 300 feet of another family day care home (large or small) or a day care facility.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.304.070 HOME OCCUPATIONS.

   (A)   Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.
   (B)   Permits required.
      (1)   Home occupation permit. A home occupation that complies with all standards in division (E) below is permitted by-right with a zoning clearance.
      (2)   Minor use permit. A home occupation that does not comply with one or more standards in division (E) below may be allowed with a minor use permit.
   (C)   Business license. All persons conducting a home occupation must obtain a City of Eureka business license.
   (D)   Applicant agreement. All applicants requesting approval of a home occupation must sign a statement that they have read, understand and will comply with the city’s home occupation requirements.
   (E)   Standards. The following standards apply to all home occupations:
      (1)   Accessory use. The home occupation must be clearly secondary to the primary use of the property as a residence.
      (2)   Signs. See § 155.340.030(A)(7) (Home Occupation).
      (3)   Residential appearance. Except for a permitted sign, the existence of the home occupation may not be apparent beyond the boundaries of the site, and no permit to alter the exterior of the structure for the home occupation may be approved.
      (4)   Off-site effects. A home occupation may not create dust, fumes, odors, smoke, noise, vibration, or electrical interference that is perceptible beyond the property line.
      (5)   Hazardous materials prohibited. The storage and use of flammable, combustible, or explosive materials must receive approval from the Chief Building Official. Typically, the only such materials that will be allowed are limited to small quantities of fuel for landscaping equipment, contained mini-torches used for sculpting glass, and other similar modest quantities of materials associated with approved home occupation business types.
      (6)   Outdoor display or storage. Window displays, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation are not allowed.
      (7)   Employees. A maximum of two on-site non-resident employees is allowed.
      (8)   Client/customer visits. Except when allowed by division (E)(9) below, only ten vehicle trips per day of clients or customers to the residence are allowed. Client or customer visits are limited to the hours between 8:00 a.m. and 8:00 p.m.
         (a)   For retail, commercial service, and office home occupations, no more than one client or customer may be on-site at any given time.
         (b)   For instructional services, tutoring, gyms, and other similar home occupations as determined by the Director, a maximum of ten students, clients, or customers may be on-site at any given time.
      (9)   Special events. A home occupation may host up to four special events per year where the client/customer limitations in division (E)(8) above do not apply. Special events include music recitals, dance performances, gallery open studios, and other similar events.
      (10)   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 home deliveries and pick-up.
      (11)   Parked vehicles. Commercial vehicles/trailers greater than 19,500 pounds gross vehicle weight used by the home occupation may not be parked on site or on street.
      (12)   Number of home occupations per residence. More than one home occupation per residence is allowed; however, all home occupations combined must adhere to the home occupation standards. For example, regardless of the number of home occupations permitted in association with a residence, only two on-site non-resident employees would be allowed at the residence.
   (F)   Cottage food operations. Cottage food operations (CFO) as defined in Cal. Health and Safety Code § 113758 and Cal. Gov’t Code § 51035 are a permitted home occupation subject to the following requirements:
      (1)   The cottage food operation must comply with home occupation standards in § 155.304.070(E) (Standards).
      (2)   All cottage food operations must be registered or permitted by Humboldt County Department of Environmental Health before commencing business.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.304.080 MANUFACTURED HOUSING.

   (A)   General. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) may be used for residential purposes subject to the requirements of this section.
   (B)   Development standards. A manufactured home must comply with all development standards (e.g., height, setback, lot coverage) that would apply to a conventional single-family home on the same lot.
   (C)   Design and construction standards. A manufactured home must be compatible in design and appearance with residential structures in the vicinity and meet the following standards.
      (1)   Foundation. A manufactured home must be built on a permanent foundation system approved by the Building Official.
      (2)   Roof material. Roof material must consist of material customarily used for conventional dwelling units, such as tile, composition shingles and wood shakes and shingles.
      (3)   Siding material. Siding material must consist of exterior material customarily used for conventional dwelling units, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, must be non-reflective and horizontally lapping.
      (4)   Skirting. Skirting must extend to the finished grade. Siding material utilized as skirting must be the same as the material used on the exterior wall surface of the manufactured home.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.090 MOBILE VENDORS.

   (A)   Applicability.
      (1)   This section applies to the production, sale and/or distribution of retail products from a vehicle, while operating on private property. These standards also apply to on-site incidental preparation by a mobile vendor immediately before and after retail activity occurs on a site.
      (2)   This section does not apply to hand carts or any retailer traveling from place to place by a non-vehicular type of conveyance, which are subject to the regulations under Municipal Code Ch. 118 (Peddlers and Solicitors).
      (3)   This section does not apply to mobile vendors operating on a street, which are regulated under Municipal Code Ch. 75 (Mobile Vendors Operating Upon a Street).
   (B)   Standards. All mobile vendors must comply with the following standards.
      (1)   Obstructions. A mobile vendor may not directly obstruct pedestrian or vehicular traffic or block a driveway or alleyway.
      (2)   Schools. A mobile vendor may not operate within 300 feet of any property on which a K-12 school is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day. This prohibition does not apply if the school provides the mobile vendor written authorization to park on school property.
      (3)   Waste. While in operation, a mobile vendor must maintain a clearly designated waste receptacle in the immediate vicinity of the vehicle.
      (4)   Operation. When not engaged in on-site incidental preparations or in operation, all mobile vendors, associated equipment and waste receptacles must be removed from the site of operation.
      (5)   Compliance with other laws and regulations. Mobile vendors must obey all local, state and federal laws.
      (6)   Business improvement districts. Mobile vendors that operate, or intend to operate, within a business improvement district must pay associated fees.
   (C)   City approvals.
      (1)   Council approval on city property. Permission for a mobile vendor to operate on city-owned property, excluding public rights-of-way, requires City Council approval. This requirement does not apply to mobile vendors operating under a special event permit.
      (2)   Business license. Mobile vendors must acquire a city business license.
      (3)   Mobile vendor agreement. Prior to receiving a business license, each mobile vendor must sign a statement that they have read, understand and will comply with the city’s mobile vendor requirements.
      (4)   Record of approved mobile vendors. The city will keep a list of approved mobile vendors.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.100 MULTI-FAMILY LAUNDRY FACILITIES.

   All new construction of a multi-family residential use in any location must provide either private laundry facilities in each dwelling unit or a common laundry facility with at least one clothes washer and dryer for each six dwelling units. Common washers and dryers may be coin operated.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.110 OUTDOOR STORAGE.

   (A)   Applicability.
      (1)   The outdoor storage requirements in this section apply to the storage of goods, materials, machines, equipment, vehicles or parts outside of a building for more than 72 hours.
      (2)   These requirements apply only to lots occupied by a non-residential primary use or undeveloped lots in a non-residential zoning district.
      (3)   These requirements do not apply to:
         (a)   Fleet and service vehicles associated with an allowed land use when parked outdoors in a legally established parking area;
         (b)   Vehicle inventory parked outdoors as part of an allowed vehicle sales and rental use; or
         (c)   Temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.
   (B)   Non-conformities. Uses non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
   (C)   Where allowed. Outdoor storage is allowed as a primary use only in zoning districts identified in the allowed use tables in the Zoning District Standards subchapter. Outdoor storage is also allowed as an accessory use for the storage of goods associated with a primary non-residential use in accordance with § 155.304.020 (Accessory Uses).
   (D)   Screening.
      (1)   Outdoor storage areas must be screened with a minimum six-foot high solid fence or wall so as not to be visible from any:
         (a)   Public street or highway; or
         (b)   Residential zoning district or use.
      (2)   Screening fences and walls may not exceed the maximum allowed height identified in Table 320-1 of § 155.320 (Fences and Walls) and may not use prohibited fence materials identified in Table 320-2.
   (E)   Surfacing.
      (1)    Outdoor storage areas must be surfaced with an all-weather material (such as asphalt, concrete or comparable surfacing material approved by the Public Works Director) and graded to provide adequate storm water drainage.
      (2)   Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage, erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the parking lot landscaping requirements contained in § 155.324.080 (Parking Lot Landscaping).
      (3)   Outdoor storage of hazardous materials requires a roof or awning over the materials and either a dead-end sump to contain spills or containment in the form of berms, dikes or curbs. All hazardous materials regulated by the California Department of Toxic Substances Control must be placed on a surface as deemed appropriate by the permitting agency. In addition, the surface must conform to all applicable federal and state air and water quality standards.
   (F)   Shipping containers in industrial zoning districts. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in all industrial zoning districts. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
   (G)   Standards for shipping containers.
      (1)   A metal shipping container must be located at least five feet from a property line, and shipping containers that are accessory to the main occupancy use, and are located less than ten feet from the primary structure, are limited to no more than 10% of the floor area of the primary structure.
      (2)   The size of a shipping container shall not exceed 45 feet in length, ten feet in height, and the storage area shall not exceed 400 square feet.
      (3)   When a metal shipping container is located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage. For example, when a shipping container is placed within ten feet of a property line adjoining an alley on a 50-foot-wide parcel, the side of the shipping container parallel to the alley may not be more than 25 feet long, or ½ the width of the alley frontage. See Figure 304-1
 
      (4)   When a permanent structure and a proposed metal shipping container are located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten feet of the property line adjoining the alley. For example, on a 50-foot-wide parcel, if a 28-foot-wide structure already exists within ten feet of the property line adjoining an alley, and the metal shipping container is proposed within ten feet of the alley property, the side of the shipping container parallel to the alley may not be more than 11 feet long, or ½ the width of the open alley frontage (50 - 28 = 22/2 = 11 ft). See Figure 304-2
 
      (5)   When a proposed metal shipping container is located ten or more feet from a property line adjoining an alley, the width of the side of the container facing the alley is limited only by Building and Fire Code standards. See Figure 304-3
 
      (6)   When a shipping container is used for the storage of hazardous materials, quantities of hazardous materials may not exceed those listed in California Building Code Table 307.1(1), or Table 307.1(2), and must be stored in compliance with the California Building and Fire Codes.
      (7)   Installation of a metal shipping container may require a Building Permit as required by the California Building Code.
   (H)   Shipping containers in the SC zoning district. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in the SC zoning district. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
      (1)   Metal shipping containers in the SC zoning district must:
         (a)   Be located behind the primary structure when space permits. Where it is physically impossible to locate the shipping container behind the primary structure, the container must be located as close to the rear of the site as possible. A metal shipping container may not be located within the area between the front or exterior side property line and the plane of the primary structure wall.
         (b)   Painted to match or complement the existing primary structure on the site and must be maintained in good condition and avoid conditions that contribute to blight, including but not limited to, rust, peeling paint, and other visible forms of deterioration. Inclusion or installation of public art on the shipping container is permissible and is not required to match or complement the existing primary structure.
         (c)   Be located on the ground, and may not be stacked on top of another shipping container.
      (2)   Section 155.304.110(H) (Shipping Containers in the SC zoning district) is effective only until October 1, 2031, at which time it will expire and be of no further effect. Shipping containers existing in the SC zoning district as of the expiration of this section must either be removed from the site 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).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.304.120 RECREATIONAL VEHICLE PARKS.

   (A)   General. All RV parks must conform to Cal. Code of Regulations Title 25, Ch. 5, Cal. Health and Safety Code Div. 13 and all other state laws and regulations that apply to RV parks.
   (B)   Length of occupancy. The maximum length of occupancy in an RV park is 180 days in any consecutive 365-day period.
(Ord. 885-C.S., passed 5-21-19)

§ 155.304.130 TINY HOUSE ON WHEELS.

   (A)   Purpose. This section establishes regulations to allow for tiny houses on wheels within residential zoning districts. These regulations are intended to:
      (1)   Minimize adverse impacts that could result from tiny houses on wheels in residential neighborhoods;
      (2)   Ensure tiny houses on wheels do not significantly impact the supply of permanent housing available to Eureka residents; and
      (3)   Provide opportunities for homeowners to generate supplemental income by allowing tiny houses on wheels.
   (B)   Development standards. A tiny house on wheels must comply with all development standards applicable to a conventional accessory dwelling unit as allowed by § 155.316 (Accessory Dwelling Units), except as modified by this subsection.
      (1)   Where allowed. A tiny house on wheels is allowed as an accessory dwelling unit in any residential zoning district subject to the requirements of this subsection.
      (2)   Maximum number per lot. One tiny house on wheels is allowed per lot, in lieu of one attached or detached accessory dwelling unit located on a permanent foundation.
      (3)   Unit size.
         (a)   A tiny house on wheels may be up to 102 inches wide and 40 feet long.
         (b)   A tiny house on wheels shall not be smaller than 150 square feet.
         (c)   A tiny house on wheels may be up to 14 feet in height.
      (4)   Location on lot.
         (a)   A tiny house on wheels may not be located between the primary dwelling and the street, except on a through lot.
         (b)   A tiny house on wheels may not be located in, or block access to, a required off-street parking space.
      (5)   Relationship to other residential structures. A tiny house on wheels must be setback from other structures the distance required by the Building Code.
      (6)   Short-term rental. A tiny house on wheels may not be converted to, or utilized as, a short-term, transient vacant rental.
   (C)   Design and construction standards. A tiny house on wheels must be compatible in design and appearance with residential structures and meet the following standards:
      (1)   Parking surfacing. The surface material under wheels and/or leveling or support jacks must be consistent with § 155.324.060(F) (Surfacing). Bumper guards, curbs, or other installations adequate to prevent movement of the unit are required.
      (2)   Skirting. Undercarriage, including the wheels, tongue, axle, and hitch, must be hidden from view using materials or features such as lattice, fencing, planter boxes, detached decks, and the like.
      (3)   Mechanical equipment. All mechanical equipment must be incorporated into the structure and may not be located on the roof unless screened.
      (4)   Construction code requirements. A tiny house on wheels must comply with at least one of the following:
         (a)   National Fire Protection Association (NFPA) 1192 RV standards or American National Standards Institute (ANSI) 119.5 Park Model standards. Certification for NFPA or ANSI compliance must be made by a qualified third-party inspector. Proof of compliance must be submitted with the tiny house on wheels permit application.
         (b)   State building standards for dwellings as determined by the Chief Building Official, including 2019 Cal. Residential Code Appendix Q Tiny Houses or other adopted alternatives. A building permit must be obtained to demonstrate compliance with state building standards.
   (D)   Utilities. A tiny house on wheels must be connected to water, sewer, and electric utilities to the satisfaction of the Chief Building Official and Public Works Director. Holding tanks incorporated into the original design of the structure may not be used for the purposes of waste storage.
   (E)   DMV registration. A tiny house on wheels must be licensed and registered with the California Department of Motor Vehicles.
   (F)   Permit required. A tiny house on wheels permit is required prior to and for the duration of occupancy of the tiny house on wheels. The permit is a ministerial approval by the Director to confirm the proposed tiny house on wheels complies with all applicable standards.
      (1)   Not transferrable. The permit shall be issued for a specific tiny house on wheels (based on DMV registration number) to occupy a specific location on a designated property as indicated on a required site plan. The permit may not be transferred to authorize relocation of the permitted tiny house on wheels, and/or installation of a different tiny house on wheels at the authorized location.
      (2)   Property owner approval. Authorization by the owner of the residential lot is required.
      (3)   Annual renewal. The permit shall lapse and become void one year following the date the permit became effective unless renewed or revoked for violation of the terms of the permit application. If a lapse in permit occurs, the structure is no longer considered a tiny house on wheels and cannot be used or inhabited as an accessory dwelling unit until a new permit is obtained.
      (4)   Inspection. A tiny house on wheels shall be inspected by the Building Department prior to final approval of a tiny house on wheels permit, to verify the unit is in good working order for living, sleeping, eating, cooking, and sanitation, including adequate connection to utilities. Additional inspections may be required at the discretion of the Chief Building Official. The cost of any required inspection shall be borne by the tiny house on wheels owner.
(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)

§ 155.304.140 TREE REMOVAL.

   (A)   Purpose. This subsection establishes permit requirements to remove or alter a tree. These regulations are intended to:
      (1)   Protect and preserve trees that are important to the character of the city and its neighborhoods;
      (2)   Protect the public's safety by allowing hazardous tree removal; and
      (3)   Allow for tree removal and mass reduction as necessary to allow for residential developments and supporting solar arrays.
   (B)   Definitions. For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALTERING A TREE. Relocating, reducing the crown by more than 20%, or any action that kills or destroys a tree.
      MASS REDUCTION. Mass reduction of a tree means actions taken to reduce the volume of a tree's branches or foliage.
      PROTECTED TREES.
         (a)   Outside GGMA. Outside gulch greenway management areas (GGMA) as defined in § 155.508.020, a PROTECTED TREE means any tree native to coastal Northern California, as identified in the Calflora database or USDA Plants Database, with a 24-inch diameter, or a circumference of 75 inches, or greater, as measured 4.5 feet above the ground.
         (b)   Inside GGMA. In GGMA, a PROTECTED TREE means any tree native to coastal Northern California, as identified in the Calflora database or USDA Plants Database, with a 12-inch diameter, or a circumference of 38 inches, or greater, as measured 4.5 feet above the ground.
   (C)   Permits required.
      (1)   General. Table 304-1 identifies permits required to remove or alter a protected tree. No permit is required for actions affecting a non-protected tree.
      (2)   Inside GGMA. Inside GGMA, removing or altering a protected tree requires either a minor or conditional gulch greenway permit. See § 155.224.050 for Gulch Greenway permit requirements.
      (3)   Outside GGMA. Outside GGMA, removing or altering more than five protected trees requires a tree permit. Removing or altering five or fewer protected trees requires a zoning clearance.
Table 304-1: Protected Tree Removal Permit Requirements
P = Permitted by-right (no permit)
ZC = Zoning Clearance
MGG = Minor Gulch Greenway Permit
CGG - Conditional Gulch Greenway Permit
TP = Tree Permit
Location
Reference
Inside GGMA
Outside GGMA
Table 304-1: Protected Tree Removal Permit Requirements
P = Permitted by-right (no permit)
ZC = Zoning Clearance
MGG = Minor Gulch Greenway Permit
CGG - Conditional Gulch Greenway Permit
TP = Tree Permit
Location
Reference
Inside GGMA
Outside GGMA
Hazardous
ZC
ZC
Within 15 ft. of structure
MGG
ZC
Blocks solar access
MGG [1]
ZC
Five or fewer [2]
MGG
ZC
 
More than five every 10 years [2]
CGG
TP
With a CalFire-approved THP [3]
ZC
ZC
 
Required by insurance company [4]
ZC
ZC
 
[1] Tree removal and alteration allowed with zoning clearance if needed to comply with a solar access easement recorded prior to adoption of this subsection.
[2] Excludes hazardous trees in all areas and trees removed for solar access with a zoning clearance and trees removed within 15 feet of a structure outside GGMA.
[3] This applies only to tree removal conducted under and in compliance with a valid timber harvesting plan (THP) approved by the California Department of Forestry and Fire Protection (CalFire). It does not apply to tree removal under a CalFire exemption.
[4] A protected tree may be removed or altered with a zoning clearance when required by the property owner's or prospective property owner's insurance company as a condition of maintaining or obtaining coverage, based on evidence of the requirement.
 
      (4)   Hazardous trees in all areas. Removing or altering a hazardous protected tree is allowed in all areas with a zoning clearance as follows:
         (a)   Emergencies. In cases of emergency, a protected tree may be removed or altered if the tree:
            1.   Presents an immediate danger of collapse; and
            2.   Poses an imminent threat to the public safety or general welfare.
         (b)   Dead/dying trees. A hazardous protected tree may be removed or altered if the tree is dead, or dying with no hope of recovery; is a danger to public safety, general welfare, and/or the health of adjacent trees; and the issue cannot be addressed by mass reduction that does not remove or alter the tree.
         (c)   Determination of hazardous condition. A determination that the conditions in divisions (C)(4)(a) or (C)(4)(b) are met may be made by the Eureka Police Department; Humboldt Bay Fire Department; the Public Works Director or designee; Development Services Director or designee; Parks Superintendent or designee; or by an arborist or Registered Professional Forester (RPF).
      (5)   Within 15 feet of structures - outside GGMA. A protected tree outside GGMA may be removed or altered with a zoning clearance as part of project to construct a new structure if the tree is:
         (a)   Within 15 feet of the footprint of a proposed new structure or within the boundary of the associated access road; and
         (b)   Identified on the site plan of the proposed project.
      (6)   Solar access.
         (a)   Outside GGMA. If a protected tree outside GGMA hinders direct sunlight for a solar energy system, the tree may be removed or altered with a zoning clearance. The city may approve the zoning clearance only if a report prepared by an arborist or RPF finds that the removal or alteration is necessary to provide solar access, and the solar access cannot be achieved with more minimal mass reduction.
         (b)   Inside GGMA. A protected tree inside GGMA may be removed or altered with a zoning clearance only when necessary to comply with a solar access easement recorded prior to the adoption of this subsection based on evidence of the easement. All other tree removal or alteration for solar access requires a minor Gulch Greenway permit, with a report prepared by an arborist or RPF that finds the removal or alteration is necessary to provide solar access, and the solar access cannot be achieved with more minimal mass reduction.
   (D)   Tree permits.
      (1)   Review authority. The Planning Commission reviews and takes action on tree permit applications.
      (2)   Required report. Tree permit applications and Gulch Greenway permit applications to remove a protected tree must include a report prepared by an arborist or RPF that recommends measures, if needed, to:
         (a)   Avoid or minimize adverse impacts to remaining trees on the property that would not be removed.
         (b)   Address issues associated with drainage, erosion, land stability, windscreen, and visual buffers along roads and between neighbors resulting from the tree removal.
      (3)   Findings for approval. To approve a tree permit, the Planning Commission must find that the project:
         (a)   Complies with requirements of this subsection; and
         (b)   Incorporates adequate measures to minimize and mitigate adverse impacts resulting from the tree removal.
   (E)   Nesting bird protection. The following nesting bird protections apply in all areas.
      (1)   Trees to be removed or altered from March 15 through August 15 shall be surveyed by a qualified biologist to determine the presence or absence of nesting birds.
      (2)   If the biologist encounters an active nest, no work may begin until the biologist, in consultation with the California Department of Fish and Wildlife (CDFW), prepares species-specific measures to avoid nest abandonment or other harm, and the measures are approved by city staff and implemented.
   (F)   Other approvals. Removing or altering any tree, including a non-protected tree, may require an encroachment permit approved by the Public Works Department and approval from CalFire and/or other governmental agencies.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 911-C.S., passed 12-15-20; 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; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.304.150 VACATION RENTAL.

   (A)   Purpose. This subsection establishes regulations to allow for short-term vacation rentals within residential zoning districts. These regulations are intended to:
      (1)   Minimize adverse impacts that could result from vacation rental uses in residential neighborhoods;
      (2)   Ensure that vacation rentals do not significantly impact the supply of permanent housing available to Eureka residents;
      (3)   Provide opportunities for homeowners to generate supplemental income by renting individual rooms or entire residential units to visitors;
      (4)   Provide visitors with a range of lodging options to support the local tourism economy; and
      (5)   Ensure the city is able to collect transient occupancy taxes (TOT) and other taxes as required by city ordinances.
   (B)   Applicability.
      (1)   This subsection applies to dwelling units, or portions thereof, located in a residential zoning district that are rented to transient patrons for 30 consecutive days or less.
      (2)   This subsection does not apply to lodging uses in a residential unit in a mixed-use or other non-residential zoning district. All lodging uses outside of a residential zoning district are regulated as a commercial lodging use, regardless of whether the lodging use occupies or replaces an existing residential or commercial use.
   (C)   Types of vacation rentals. This subsection allows for two types of vacation rentals:
      (1)   Proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, with the proprietor in residence on the site for the duration of the rental. Includes bed and breakfast establishments where meals are provided.
      (2)   No proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, when the proprietor is not a resident on-site during any portion of the duration of the rental.
   (D)   Rental of accessory dwelling units, second single-family homes in the RE and R1 zoning districts, and new single-family homes resulting from urban lot split subdivisions.
      (1)   An accessory dwelling unit that received a certificate of occupancy after January 1, 2020 may not be utilized as a vacation rental.
      (2)   A second single-family home created on a parcel in the RE or R1 zoning district pursuant to Cal. Gov’t Code § 65852.21 may not be utilized as a vacation rental.
      (3)   A single-family home created on a parcel resulting from an urban lot split subdivision may not be utilized as a vacation rental.
   (E)   Maximum number per year.
      (1)   The number of vacation rentals with no proprietor on-site permitted/licensed each year may not exceed the annual limit set by the City Council. Alternatively, the total number of vacation rentals with no proprietor on-site permitted/licensed by the city may not exceed the total limit set by City Council.
      (2)   Vacation rentals with a proprietor on-site are exempt from the annual limit for new vacation rentals.
   (F)   Permits required.
      (1)   Vacation rental permit. A vacation rental permit is a ministerial approval by the Department to confirm that a proposed vacation rental complies with all applicable standards.
      (2)   Minor use permit. See Table 204-1 in § 155.204 (Residential Zoning Districts) for types of vacation rentals that require a minor use permit.
      (3)   Home occupation permit. Vacation rental operators may require a home occupation permit. See § 155.304.070 (Home Occupations).
      (4)   Business license. Vacation rental operators must acquire and maintain a city business license.
      (5)   Vacation rental agreement. Prior to receiving a business license, each vacation rental operator must sign a statement that they have read, understand, and will comply with the city's vacation rental requirements.
   (G)   City taxes. All vacation rental uses are subject to a transient occupancy tax ("TOT") and any other mandated taxes. Each vacation rental owner, proprietor, and/or manager must comply with Municipal Code § 35.070, which addresses the collection, record keeping, reporting and remittances of applicable TOT.
   (H)   Standards for all vacation rental uses. The following standards apply to vacation rental uses.
      (1)   Inspections.
         (a)   All vacation rental uses must be inspected to residential standards by the Building Department prior to approval.
         (b)   If the dwelling unit was previously inspected by the Building Department within one year of the vacation rental application, the Building Official may waive the requirement for a new inspection.
      (2)   Parking.
         (a)   No on-site parking is required to utilize an existing residential use as a vacation rental use.
         (b)   Except to allow conversion to an accessory dwelling unit as provided by § 155.316 (Accessory Dwelling Units), if on-site parking exists at the time the vacation rental use is established, that parking may not be removed while the vacation rental use remains in operation.
      (3)   Events. Vacation rentals are limited to six events (e.g., wedding receptions, graduation parties) per year. Event attendance may not exceed the total occupant limit for the property as allowed by the Building Code and may not create a noise nuisance in violation of Municipal Code § 94.02 (Loud Noises Unlawful). Vacation rental operators may further limit the number of events.
      (4)   Signs. See § 155.340.030(A)(8) (Vacation Rental).
      (5)   Maximum number per lot. The number of residential units and/or vacation rentals on a lot may not exceed the maximum allowed by the density established in Tables 204-2 and 204-3 in § 155.204 (Residential Zoning Districts).
      (6)   Maximum occupants. The maximum number of occupants allowed in a vacation rental may not exceed two persons per bedroom plus an additional two persons (e.g., a two-bedroom unit may have six occupants). Children aged 12 and under are not counted toward the occupancy total.
      (7)   Emergency contact.
         (a)   Each applicant for a vacation rental with no proprietor on-site must designate a local emergency contact person on the application form, including a 24-hour-emergency contact phone number.
         (b)   The emergency contact person may be the property owner, property manager, or designee, and must live within 50 miles of the city limits.
         (c)   The Department will provide the emergency contact information to all neighboring properties within 200 feet of the use and to the Eureka Police Department.
         (d)   The property owner must immediately notify the Department in writing of any changes to the designated emergency contact information.
      (8)   Fire Department access. Properties with gated entries must have a Fire Department approved device that allows emergency response vehicles and personnel to enter the property.
      (9)   Lapse of vacation rental permit.
         (a)   Vacation rental permits shall be subject to annual review and no-fee renewal by the Department.
         (b)   A vacation rental permit shall lapse and become void by February 1 of each year, unless the business license for the vacation rental is renewed and in good standing, all applicable taxes and fees are paid, and there are no outstanding Police, Fire, or Building Department violations.
         (c)   If a vacation rental permit lapses, a new vacation rental permit shall be required.
         (d)   Unless a lapse occurs, approval of a vacation rental permit shall run with the land and shall be fully transferable to the new property owner, provided the new property owner obtains a business license within two months of the purchase of the property.
   (I)   Enforcement. A permit or approval for any vacation rental use may be revoked in accordance with § 155.428 (Enforcement and Penalties) and as follows:
      (1)   The Director may revoke a permit for a vacation rental use upon finding one or more of the following:
         (a)   The proprietor, property owner, or emergency contact has been negligent in responding to an emergency situation more than two times in a rolling 12-month period.
         (b)   More than two documented law enforcement violations related to the vacation rental have occurred in a rolling 12-month period.
         (c)   The vacation rental use has been chronically non-compliant with the requirements of this subsection.
         (d)   The vacation rental owner has failed to pay required transient occupancy taxes despite warnings from the Finance Department.
         (e)   The proprietor or property owner has failed to correct noted Building or Fire Code violations.
      Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, Finance Department, or Building Department.
(Ord. 938-C.S., passed 11-1-22)

§ 155.308.010 LOT STANDARDS.

   (A)   Minimum lot area.
      (1)   All newly-created lots must comply with the minimum lot area requirements for the applicable zoning district in the Zoning District Standards subchapter unless otherwise allowed by the Zoning Code. Minimum lot area requirements do not apply to existing lots.
      (2)   Minimum lot area requirements do not apply to individual condominiums or townhouse units, but instead apply to the creation of the entire site that is the location of the condominium or townhouse project.
      (3)   A lot line adjustment may not:
         (a)   Reduce the area of an existing lot to less than the minimum area for the applicable zoning district; or
         (b)   Further reduce the lot area for existing lots that do not comply with the minimum lot area for the applicable zoning district.
   (B)   Lot dimensions and configuration.
      (1)   Lots are not subject to minimum width and depth requirements.
      (2)   To approve a lot line adjustment or subdivision, the Director (or Planning Commission for subdivisions creating five or more lots) must find that the resulting lots, excluding remainder parcels, are “buildable.” A BUILDABLE LOT means a lot with a building site that can reasonably accommodate a structure in compliance with the minimum setbacks, lot coverage and other development standards for the applicable zoning district.
   (C)   Street frontage and access.
      (1)   Residential lots.
         (a)   Newly created lots in a residential zoning district must have frontage on and take direct access from a public street, an alley or recorded access easement.
         (b)   If vehicle access is not possible due to the location of existing buildings or other physical site features, the lot must be served by a minimum four-foot wide dedicated pedestrian accessway. Such cases must receive approval from the Fire Marshal of Humboldt Bay Fire District.
      (2)   Commercial or industrial lots. Commercial or industrial lots must either have public-street frontage or appropriate access provided by way of common/reciprocal easement (e.g., a vehicle access easement in a shopping center parking lot).
(Ord. 885-C.S., passed 5-21-19)

§ 155.308.020 HEIGHT EXCEPTIONS.

   (A)   Additional story - mixed-use zoning districts. In all mixed-use zoning districts, up to 20% of the building footprint may contain one additional story with habitable space above the maximum permitted building height. In no case may the project exceed the maximum floor area ratio in the applicable zone.
   (B)   Projections allowed by-right. The following building features may project above the maximum permitted building height in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required:
      (1)   Non-habitable decorative features such as spires, steeples, belfries, cupolas and domes;
      (2)   Parapets, fire escapes, catwalks and open guard rails required by law;
      (3)   Skylight, chimneys and vent stacks;
      (4)   Photovoltaic panels and wind energy systems;
      (5)   Rooftop equipment and enclosures;
      (6)   Elevator shafts and stair towers;
      (7)   Building-mounted wireless telecommunications facilities as allowed by Ch. 159 (Wireless Telecommunication Facilities);
      (8)   Amateur radio facilities and receive-only radio and television antennas;
      (9)   Flag poles; and
      (10)   Other similar building features as determined by the Director.
   (C)   Maximum height. A projection above the maximum permitted building height may not exceed the maximum height necessary to perform its intended function as determined by the Director.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.308.030 SETBACK EXCEPTIONS.

   (A)   Building features.
      (1)   In residential zoning districts, the following building features may project a maximum of three feet into required setbacks, but may not cross property lines without an easement or encroachment permit:
         (a)   Cornices, awnings, eaves, and other similar roof projections;
         (b)   Bay windows, balconies, sills, louvers, fireplaces, chimneys, and similar wall projections;
         (c)   Unenclosed balconies, decks, stairways, fire escapes, and other emergency egress structures (all unenclosed); and
         (d)   On demand water heaters, utility meters and/or connections, and other equipment normally associated with a structure.
      (2)   In residential zoning districts, the total length of all building wall projections (excluding eaves and other roof projections) in required setback areas may not exceed 50% of the length of the wall to which the projection is attached. See Figure 308-1.
Figure 308-1: Maximum Length of Setback Projection
 
      (3)   In non-residential zoning districts, a building feature may extend across a property line into the public right-of-way with an encroachment permit.
   (B)   Site features.
      (1)   The following site features and accessory structures may be located within required setbacks:
         (a)   At-grade flatwork such as concrete paving and patios;
         (b)   Landing places, patios, steps and decks 18 inches or less above grade;
         (c)   Wheelchair ramps and similar features for the disabled;
         (d)   Trellis structures and arbors up to ten feet in height and at least 50% transparent. See Figure 508-1 and 508-8 in § 155.508 (Glossary) for examples of a trellis and an arbor;
         (e)   Retaining walls, seating, planter boxes and other similar landscaping features up to four feet in height;
         (f)   Decorative ornamental features up to six feet in height;
         (g)   Children’s play equipment, movable dog house and similar moveable objects;
         (h)   Movable sheds, greenhouses and other similar buildings without a foundation, less than 120 square feet, and without electrical, water or sewer connections;
         (i)   Rain harvest tanks up to eight feet in height; and
         (j)   Ground-mounted mechanical and utility equipment up to 36 inches in height.
      (2)   The following accessory structures must be set back a minimum of five feet from side and rear property lines, and may not be located within a front or exterior side setback:
         (a)   Swimming pools, hot tubs, spas, fire pits, outdoor kitchens and other similar entertainment features.
         (b)   Emergency generators.
         (c)   Pergolas. See Figure 508-6 in § 155.508 (Glossary) for an example of a pergola.
      (3)   Fences and walls within required setbacks must comply with maximum height limitations in § 155.320 (Fences and Walls).
(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)

§ 155.308.040 VISION CLEARANCE AREA.

   (A)   General. For the purpose of traffic safety, properties must provide vision clearance areas (also known as sight visibility triangles) at the intersections of streets, driveways and alleys as required by this section and Municipal Code § 71.55 (Height of Obstructions). These requirements apply only to fences, walls, landscaping, trees, signs and other similar objects. These requirements do not apply to homes, garages and other buildings that comply with the minimum setback standards of the applicable zoning district.
   (B)   Non-conformities. Properties non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non- conforming Site Features).
   (C)   Vision clearance areas defined.
      (1)   Streets intersections. The intersection vision clearance area is the area formed by measuring 20 feet along the two intersecting corner lot lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 308-2.
      (2)   Driveways/alleys. The driveway/alley vision clearance area is the area formed by measuring five feet along the edge of the driveway/alley and the lot line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 308-2.
Figure 308-2: Vision Clearance Area
   (D)   Maintenance of sight lines. No fence, wall, landscaping, vehicle or object over 36 inches in height may be placed within a vision clearance area, except as allowed by division (G) below.
   (E)   Pruned trees. Trees pruned at least ten feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision clearance area.
   (F)   One-way streets. Vision clearance areas are required at the intersection of one or more one-way streets where sight visibility triangles are needed for traffic safety purposes, as determined by the Director.
   (G)   Exceptions.
      (1)   The Director, in consultation with, and concurrence by the Public Works Director and Chief of Police, may approve an administrative adjustment to allow an exception to the vision clearance area requirement.
      (2)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that compliance with the vision clearance area standard is unnecessary for traffic safety.
(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)

§ 155.308.050 OUTDOOR LIGHTING.

   (A)   Purpose. This division establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
   (B)   Applicability. The standards in this division apply to all outdoor lighting in Eureka.
   (C)   Exceptions.
      (1)   Lighting installed and maintained by the city, another public agency, or a public utility;
      (2)   Athletic field lights used within a school campus or public or private park;
      (3)   Temporary construction and emergency lighting;
      (4)   Seasonal lighting displays related to cultural or religious celebrations; and
      (5)   Low intensity string lights.
   (D)   Administrative adjustments. The Director may approve an administrative adjustment to allow deviations from the standards in this division. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and one of the following additional findings:
      (1)   The modification to the lighting standard is necessary for public safety or security purposes; or
      (2)   The modification allows for creative accent lighting of building and/or site features visible from public vantage points, and the lighting has been designed to minimize light pollution.
   (E)   Nonconformities. Properties nonconforming to this division must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features). This standard does not apply to single-family uses or interior remodels with no exterior changes to the structure.
   (F)   Fixture types. All lighting fixtures must be shielded or recessed so the lighting source is not directed toward other structures, wildlife habitat, adjoining properties, or the public right-of-way. All fixtures must meet the International Dark Sky Association's (IDA) requirements for reducing waste of ambient light ("dark sky compliant") and the California Green Building Standards Code.
   (G)   Light trespass.
      (1)   Lights must be directed downward and away from adjacent lots and nearby wildlife habitat to minimize illumination of adjacent properties, nearby wildlife habitat, and the public right-of-way to the maximum extent possible.
      (2)   Direct or sky-reflected glare from floodlights may not be directed into an adjacent property or the public right-of-way.
      (3)   No lighting may produce an illumination level greater than one foot-candle on any adjacent residential property.
   (H)   Prohibited lighting. The following types of exterior lighting are prohibited:
      (1)   Bare bulbs without fixtures or hoods;
      (2)   Mercury vapor lights; and
      (3)   Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
   (I)   Parking lot lighting. See § 155.324.060(I) (Lighting).
   (J)   Residential zoning districts.
      (1)   Light fixtures in any residential zoning district may not exceed a height of 16 feet. Motion sensor lights, light fixtures used to light upper floor decks and balconies, and exterior stairs leading to upper floors, must be directed downward and away from adjoining properties and the right-of-way, and may exceed the 16-foot height limitation.
      (2)   Multi-family residential development with more than four units must provide lighting along all on-site vehicular access ways and pedestrian walkways.
      (3)   Lighting of at least one-foot candle must be provided within all covered and enclosed parking areas serving multi-family uses.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.308.060 SCREENING FOR RESIDENTIAL ZONING DISTRICTS.

   (A)   Screening requirement. In the mixed-use and industrial zoning districts, a solid wall or fence at least six feet high must be provided on all interior side and rear lot lines that abut a residential zoning district. Bushes, vines and other vegetation may be incorporated into the design of required fences.
   (B)   Non-conformities. Properties non-conforming to division (A) above must be brought into conformance when required by § 155.424.030 (Non-Conforming Site Features).
   (C)   Parking lot screening. See also § 155.324.060(K) (Screening) for parking lot screening standards.
(Ord. 885-C.S., passed 5-21-19)

§ 155.308.070 SOLID WASTE/RECYCLABLE MATERIAL STORAGE.

   (A)   Purpose. This division establishes standards for solid waste and recyclable material collection and storage areas.
   (B)   Applicability. The standards in this subsection apply to all multi-family residential and non-residential uses.
   (C)   Exceptions.
      (1)   Uses that do not store solid waste/recyclable materials outdoors.
      (2)   Structures with an existing site coverage of 100%.
   (D)   Non-conformities. Uses nonconforming to the standards in § 155.308.070(E) (Standards) must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
   (E)   Standards.
      (1)   Location. Collection and storage areas may not be located in a required parking space or landscape area, and must be located as far back from the front and exterior side lot lines as feasible.
      (2)   Screening. All outdoor collection and storage areas must be screened from view from any parking lot, street, or adjoining residential zoning district, residential use, or commercial business by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans, and seven feet for dumpsters.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.312.010 PURPOSE.

   This § 155.312 establishes design standards for new development in the residential and mixed-use zoning districts.
(Ord. 885-C.S., passed 5-21-19)

§ 155.312.020 APPLICABILITY.

   (A)   When required. This section applies to the following new development:
      (1)   All new primary buildings in the R2 and R3 zoning districts and all new non-residential primary buildings in the R1 zoning district;
      (2)   All new primary buildings in the DT, DW, HC, SC, WA, NC, HM and OR zoning districts; and
      (3)    Additions adding 30% or more floor area to the total existing floor area of a primary building in the R2 or R3 zoning districts, a primary building in a mixed-use zoning district, or a non-residential primary building in the R1 zoning district.
   (B)   Exempt projects. Projects exempt from this section include the following:
      (1)   Single-family homes, including accessory dwelling units and other structures accessory to a single-family home;
      (2)   Hospitals, medical offices and clinics, and other health care-related uses in the Hospital Medical (HM) zoning district; and
      (3)   Public infrastructure and public utility uses in any zoning district.
   (C)   Street-facing. The standards in this section apply to all exterior street-facing portions of a building.
   (D)   Equivalent degree.
      (1)   For buildings located on sites with multiple street frontages, such as buildings on corner or double frontage lots, each side of the building facing a street must feature:
         (a)   An equivalent quality of materials; and
         (b)   An equivalent degree and quality of detailing.
      (2)   For example, on a corner lot, the quality and design detail of windows on the side of the building that faces the side street must be comparable to windows on the front building wall.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.312.030 EXTERIOR MATERIALS.

   (A)   Materials allowed. All exterior materials used for additions and new construction of any primary building in the multi-family residential and mixed-use zoning districts, and non-residential primary buildings in the R1 Zoning District, must allow for long-term durability and appearance. The use of uninterrupted plywood siding, unfaced particle board, OSB and/or vinyl as exterior siding material is prohibited.
   (B)   Board and batten. Vertically-oriented board and batten must consist of separate boards and battens that are installed together onto the building wall. Pre-fabricated sheathing or siding that simulates the board and batten appearance is not allowed.
   (C)   Stucco. For all multi-family and non-residential buildings, stucco may be used for a maximum of 50% of the street-facing building wall. The calculation of the building wall area excludes windows, doors and other building openings. This standard applies to all forms of exterior plaster, including stucco, concrete plaster, elastomer and other related materials.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20)

§ 155.312.040 BUILDING ENTRIES.

   (A)   Buildings with one primary entry. For buildings with one primary entrance that provides interior access to multiple individual dwelling units or non-residential tenant spaces, the primary building entrance must face the street. See Figure 312-1.
   (B)   Multiple independent entries. On lots where units/tenant spaces have independent entrances, all ground floor units/tenant spaces with street frontage must have an entrance that faces the street. If any wall of a ground floor unit/tenant space faces the street, the unit/tenant space must comply with this requirement. For units/tenant spaces that do not front the street, entrances may face the interior of the lot. See Figure 312-2.
Figure 312-1: Building Entry Orientation - Single Primary Entry
Figure 312-2: Building Entry Orientation - Multiple Primary Entries
 
   (C)   Entrance design.
      (1)    Residential projects. A street-facing primary entrance to residential buildings must feature a porch, covered entry or recessed entry clearly visible from the street to give the entrance prominence. Entrances must be connected to the adjacent sidewalk with a pedestrian walkway. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim or a 45-degree cut away entry. This standard does not apply to secondary or service entrances.
      (2)   Non-residential projects. Primary entrances to non-residential and mixed-use buildings must be emphasized and clearly recognizable from the street. Methods to achieve this result include:
         (a)   Projecting non-fabric awnings or canopies above an entry (covered entry);
         (b)   Taller building mass above an entry, such as a tower that protrudes from the rest of the building surface;
         (c)   Special corner building treatments, such as rounded or angled facets on the corner, or an embedded corner tower, above the entry;
         (d)   Special architectural elements, such as columns, porticos, overhanging roofs and ornamental light fixtures;
         (e)   Projecting entries or projecting bays in the façade;
         (f)   Recessed entries or recessed bays in the façade; and
         (g)   Changes in roofline or articulation in the surface of the subject wall.
   (D)   Exceptions.
      (1)   Where a building or ground floor unit/tenant space has frontage on two streets (e.g., on a corner), only one of the two sides must have an entrance.
      (2)   The Director may allow an exception to the building entry requirement in this section with an administrative adjustment.
      (3)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that:
         (a)   The street-facing building wall incorporates architectural features and design details beyond the minimum requirements in § 155.312.050 (Architectural Features); and
         (b)   The exception allows for a clearly superior project to that which can be achieved while complying with the building entry requirement.
(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. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.312.050 ARCHITECTURAL FEATURES.

   (A)   Options for architectural features. New buildings must incorporate at least two of the following architectural features on the street-facing portions of buildings (e.g., “roof form variation” and “horizontal articulation” or “projecting bay windows” and “masonry facade”). See division (B) below for rules to measure each type of architectural feature.
      (1)   Roof form variation.
         (a)   At least 25% of the linear frontage of the building’s street-facing roof line incorporates at least one element of variable roof form that is different from the remainder of the street-facing roof form. See Figure 312-3. The following are examples of how to meet this requirement:
            1.   Recessed or projecting gabled roof elements;
            2.   Roof dormers;
            3.   Changes in roof heights;
            4.   Changes in direction or pitch of roof slopes; and
            5.   Other similar methods.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) above.
      (2)   Roof detail and ornamentation.
         (a)   At least 80% of the linear frontage of the building’s street-facing roof line incorporates roof detail and/or ornamentation. The following are examples of how to meet this requirement:
            1.   Parapet wall that is an average of at least one-foot tall and has a cornice;
            2.   Periodic and articulated corbelling or dentils;
            3.   An ornamental soffit;
            4.   A projecting roof eave with decorative fascia and eave returns;
            5.   A projecting roof eave with exposed rafters;
            6.   An offset gable clearstory;
            7.   A half story in which the building features a habitable uppermost story lighted by dormer windows where a sloping roof replaces the upper part of the front wall; and
            8.   Other similar methods.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (3)   Horizontal articulation.
         (a)   At least 25% of the linear frontage of the ground floor street-facing building wall has a projection or recess of at least one-foot deep. If located on a building with two or more stories, the articulated elements must be greater than one story in height. See Figure 312-3. Horizontal articulation may also include an articulated corner tower, angled facet or other special articulated corner treatments.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
Figure 312-3: Roof Form Variation and Horizontal Articulation
 
      (4)    Cantilevered upper story.
         (a)    For at least 25% of the linear frontage of the street-facing building wall, an upper story building wall projects at least two feet from the ground floor building wall.
         (b)   Traditional designs must include decorative features such as knee braces. Contemporary, minimalistic designs do not require decorative features.
         (c)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (5)   Balconies. At least 20% of the linear frontage of the street-facing building wall contains at least one above-ground balcony.
         (a)   Each balcony must be either:
            1.   A traditional balcony that is at least four feet in depth; or
            2.   A Juliet balcony that is served by French doors and that includes metal or glass railings that allow unobstructed visibility.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (6)   Projecting windows.
         (a)   At least 25% of all windows on the street-facing building wall consist of projecting windows. The furthest extent of each projecting window must project at least one foot from the building wall. This requirement may be satisfied with bay windows, oriel windows, bow windows, canted windows and other similar designs.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (7)   Window trim.
         (a)   At least 75% of all windows on the street-facing building wall feature trim that surrounds the entire window and meets one or more of the following criteria:
            1.   Crown molding projects at least two inches from the building wall;
            2.   Trim material visually contrasts with the building wall; and
            3.   Sill projects at least two inches from the building wall.
         (b)   Trim material must be constructed of materials such as wood, fiber cement board, brick, stone, stucco, concrete or cellular PVC. Foam does not meet this requirement.
         (c)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (8)   Recessed windows.
         (a)   At least 75% of all windows on the street-facing building wall are recessed at least four inches from the building wall.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (9)   Rigid window coverings.
         (a)   At least 50% of all windows on the street-facing building wall have rigid window coverings, such as rigid awnings, shade devices, above-window cornices or crowns, projecting arches or other window coverings of equivalent quality. Flexible materials such as fabric and vinyl do not satisfy this requirement.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (10)   Masonry façade.
         (a)   At least 40% of the street-facing building wall surface area is covered in masonry such as brick, stone, terrazzo, ceramic tile, or comparable material. Exposed cinder block does not satisfy this requirement.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (11)   Wood façade.
         (a)   At least 40% of the street-facing building wall surface area is covered in high-grade wood that is finished with a clear sealer or semi-transparent stain. Wood may not be painted or finished with an opaque stain. Faux wood products made from synthetic materials, including vinyl, cellular PVC and fiber cement do not satisfy this requirement.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (12)   Glass façade.
         (a)   At least 40% of the street-facing building wall surface area is covered in glass, including window glass.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (13)   Cladding materials façade.
         (a)   At least 40% of the street-facing building wall surface area is covered in, concrete tile, stone, ceramic, high-grade metal or comparable material.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (14)   Living wall.
         (a)   At least 20% of the street-facing building wall surface area is covered in a directly integrated living wall or building integrated vegetation. Plans submitted for living walls and building integrated vegetation must include a long-term maintenance plan that includes documentable evidence of on-going maintenance and operation strategies to ensure the long-term viability of the wall. Living walls and building integrated vegetation must include an integrated water delivery system.
         (b)   The rule to measure this architectural feature is provided in division (B)(1) below.
      (15)   Combination of materials facade.
         (a)   At least 40% of the street-facing building wall surface area is covered in a combination of two or more of the following materials: masonry; stone; high-grade wood; glass; metal/ceramic cladding; or living wall. Materials used to satisfy this requirement must comply with requirements in divisions(A)(9) through (A)(13) above (excluding wall area percentage requirements in these paragraphs).
         (b)   The combination of materials facade option may not be double-counted with any of the other façade materials options (i.e. masonry facade, glass facade, cladding facade or living wall) to satisfy the architectural features requirement. For example, a building wall that is 40% masonry and 10% wood siding can qualify for combination of materials facade, but cannot simultaneously qualify for masonry facade. However, a wall that is 20% masonry, 20% living wall and 40% glass may satisfy two architectural features requirements, with the masonry and living wall satisfying the combination of materials option and the glass satisfying the glass facade option.
      (3)   The rule to measure this architectural feature is provided in division (B)(1) below.
   (B)   Rules for measurement of architectural features. The architectural features in division (A) above (Options for Architectural Features) are measured as follows.
      (1)   Percent of linear frontage.
         (a)   Percent of linear frontage is used to measure roof form variation, roof detail and ornamentation, horizontal articulation, cantilevered upper story and balconies.
         (b)   Percent of linear frontage is calculated by measuring the total horizontal length of the frontage of a building’s street-facing wall relative to the total horizontal length of the architectural feature to be evaluated. For example, a three-story building with a street-facing wall that is 100 feet long has a total horizontal length of 100 feet. If that building has a cantilevered section on the second floor that has a 25-foot horizontal length, then the cantilevered section constitutes 25% of the street-facing wall’s linear frontage (25 divided by 100). In this case, the building meets the criteria for cantilevered upper story. Alternatively, if a two-story building with a 50-foot total horizontal length had two separate 20-foot long balconies on the second floor, then 80% of the street-facing wall’s linear frontage contains balconies (40 divided by 50). In this case, the building exceeds the criteria for balconies.
      (2)   Percent of all windows.
         (a)   Percent of all windows is used to measure projecting windows, recessed or protruding windows, window trim and rigid window coverings.
         (b)   Percent of all windows is calculated by counting the total number of windows on the building’s street-facing wall and then dividing that number into the architectural feature to be evaluated. For example, a building wall that contains 100 windows, 75 of which are recessed from the building wall, has 75% recessed windows. In this case, the building meets the criteria for recessed windows.
      (3)   Percent of street-facing building wall surface area.
         (a)   Percent of street-facing building wall surface area is used to measure masonry façade, wood façade, living wall, glass façade, cladding materials façade and combination of materials façade.
         (b)   Percent of street-facing building wall surface area is the total area of the building’s street-facing wall relative to the total surface area of the architectural feature to be evaluated. The building wall area measurement includes doors, windows and other openings within the wall area. For example, a building wall that is 100 feet long and 30 feet high has a total surface area of 3,000 square feet (including the wall’s windows and doors). If that same wall includes a section of exposed brick that is 50 feet long and 30 feet high, then 50% of the total wall surface area has a masonry facade. The 50% calculation may include windows and doors inset into brick wall material. In this example, the building meets the criteria for masonry facade. A street-facing building wall that is at least 80% glass may double-qualify as satisfying two architectural features. No other materials (such as masonry, green wall or cladding) may double-qualify as satisfying two architectural features.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)

§ 155.312.060 BLANK WALLS.

   (A)   Maximum blank wall area. The area of a blank building wall fronting a public street may not exceed a square area where the height and width are both ten feet. See Figure 312-4.
   (B)   Breaks in blank walls.
      (1)   A break in a blank building wall may be provided by any of the following:
         (a)   Doors, windows, or other building openings;
         (b)   Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest;
         (c)   Varying wall planes where the wall plane projects or is recessed at least six inches;
         (d)   Non-fabric awnings, canopies or arcades;
         (e)   Substantial variations in building material. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and baton style siding to horizontally-oriented lap siding; and
         (f)   A living wall as defined in § 155.312.050.
      (2)   The following do not qualify as a break in blank wall:
         (a)   Variation in exterior building wall color;
         (b)   Vegetation or landscaping;
         (c)   Mechanical appurtenances such as water heaters, vents, or utility meters;
         (d)   Gutters;
         (e)   Signage; and
         (f)   Murals.
Figure 312-4: Blank Walls
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.312.070 GARAGE DOORS IN RESIDENTIAL ZONING DISTRICTS.

   In residential zoning districts, garage doors may occupy no more than 40% of a building’s street frontage. See Figure 312-5.
Figure 312-5: Maximum Garage Door Width
 
(Ord. 885-C.S., passed 5-21-19)

§ 155.312.080 MECHANICAL EQUIPMENT.

   Roof- and ground-mounted mechanical equipment shall be screened from view from public rights-of-way through the use of landscaping, building design and/or other types of screening. Examples of screening include parapet walls for roof-mounted equipment, and hedge planting for ground-mounted equipment. The use of barbed wire, chain-link, or razor wire for screening is not permitted.
(Ord. 951-C.S., passed 10-17-23)

§ 155.316.010 PURPOSE.

   This section establishes standards for accessory dwelling units and junior accessory dwelling units in conformance with Cal. Government Code §§ 66310 - 66324. See § 155.304.130 (Tiny Houses on Wheels) for regulations to use a tiny house on wheels as an accessory dwelling unit.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; 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)

§ 155.316.020 PERMITTING PROCESS.

   (A)   Zoning clearance. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right with a zoning clearance (i.e., building permit approval).
   (B)   Time limit to act.
      (1)   On lots with an existing single- or multi-family dwelling, an accessory dwelling unit or junior accessory dwelling unit shall be approved or denied within 45 days of submission of a complete application.
      (2)   If an applicant applies for both a new primary dwelling and an accessory dwelling unit or junior accessory dwelling unit, the city may delay approving or denying the accessory dwelling unit or junior accessory dwelling unit the city approves or denies the primary dwelling.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.316.030 WHERE ALLOWED.

   An accessory dwelling unit is permitted on any lot where single- or multi-family dwellings are a permitted use, and where there is an existing or proposed primary dwelling.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.316.040 NUMBER OF ACCESSORY DWELLING UNITS.

   (A)   Single family dwelling.
      (1)   On a lot with an existing or proposed single-family dwelling, the following maximum number of accessory dwelling units are allowed:
         (a)   Two attached or detached accessory dwelling units; and
         (b)   One junior accessory dwelling unit pursuant to Cal. Government Code §§ 66333 - 66339.
      (2)   Relationship to SB 9 residential developments and urban lot split subdivisions in the RE and R1 Zoning Districts.
         (a)   In no case shall the total number of primary dwellings, accessory dwelling units, and junior accessory dwelling units exceed four on any given lot in the RE or R1 Zoning Districts.
         (b)   When a lot split occurs under Cal. Government Code § 66411.7 and § 155.332.030 (Urban Lot Split Subdivisions), each resulting lot 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.
   (B)   Multi-family dwelling.
      (1)   On a lot with an existing multi-family dwelling, the following maximum number of accessory dwelling units are allowed:
         (a)   Up to eight detached accessory dwelling units, provided the number of accessory dwelling units does not exceed the number of existing primary dwelling units on the lot (detached accessory dwelling units are not required to be detached from each other but must be detached from the multi-family dwelling); and
         (b)   One or more accessory dwelling units within portions of the existing multi-family dwelling that are not used as liveable space. Examples of such areas include garages, storage rooms, boiler rooms, passageways, attics, and basements that are not used as habitable space. The number of these internal accessory dwelling units may not exceed 25% of the total number of dwelling units in the existing structure, or at least one accessory dwelling unit, whichever is greater.
      (2)   On a lot with a proposed multi-family dwelling, not more than two attached or detached accessory dwelling units are allowed.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.316.050 ACCESSORY DWELLING UNITS AS SHORT-TERM RENTALS.

   An accessory dwelling unit or junior accessory dwelling unit in a residential or mixed-use zoning district may not be converted to, or utilized as, a short-term, transient, vacation rental or commercial lodging if the accessory dwelling unit or junior accessory dwelling unit was granted a certificate of occupancy after January 1, 2020.
(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. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.316.060 SITE AND DESIGN STANDARDS.

   (A)   General standards.
      (1)   Accessory dwelling units and junior accessory dwelling units are not considered for the purposes of evaluating the density requirements established by the general plan; are considered residential uses; and may count as a dwelling unit for purposes of identifying adequate sites for housing.
      (2)   Accessory dwelling units may be sold separately from the primary dwelling unit(s) only as permitted by Cal. Government Code §§ 66341 or 66342.
      (3)   Accessory dwelling units and junior accessory dwelling units must comply with the state building standards for dwellings as determined by the Building Official, except as provided by division (I)(2) below.
      (4)   The floor area of an accessory dwelling unit or junior accessory dwelling unit may not be less than the floor area required for an efficiency dwelling unit.
   (B)   Height, FAR, and site coverage.
      (1)   Accessory dwelling units are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district.
      (2)   FAR and site coverage standards do not apply to accessory dwelling units.
   (C)   Relationship to residential structures.
      (1)   An accessory dwelling unit may be within, attached to, or detached from a single- or multi-family residential structure.
      (2)   A junior accessory dwelling unit must be contained entirely within an existing or proposed single-family residence. For purposes of this standard, enclosed uses within the residence, such as attached garages, are considered a part of the residence.
      (3)   An accessory dwelling unit or junior accessory dwelling unit within a proposed or existing primary residence must have its own separate exterior access.
      (4)   An accessory dwelling unit or junior accessory dwelling unit must have kitchen and bathroom facilities that are separate from the primary dwelling, except as allowed by division (C)(5) below.
      (5)   A junior accessory dwelling unit may have an efficiency kitchen as defined in Cal. Government Code § 66333(f). Bathroom facilities, but not the efficiency kitchen, may be shared with the primary dwelling. If the bathroom is shared with the primary dwelling, the junior accessory dwelling unit must have an interior entry to the primary dwelling's main living area.
   (D)   Maximum unit size.
      (1)   Junior accessory dwelling unit. The floor area of a junior accessory dwelling unit may not exceed 500 square feet in size. See § 155.112.050(B) (Floor Area Calculation for Junior Accessory Dwelling Unit) for rules of measurement.
      (2)   Accessory dwelling unit.
         (a)   The floor area for an accessory dwelling unit (either attached or detached) may not exceed 1,200 square feet.
         (b)   Accessory dwelling units that qualify for approval under Cal. Government Code § 66323(a)(1), (3), or (4) are exempt from this maximum size requirement.
      (3)   Calculating size. The floor area calculation for accessory dwelling units and junior accessory dwelling units does not include covered parking.
   (E)   Existing home designated as accessory unit. If a lot contains an existing single-family home 1,200 square feet in size or smaller, the existing home may be designated as an accessory dwelling unit as part of a project to construct a new single-family home on the lot.
   (F)   Setbacks; minimum setbacks from property lines. The setbacks for accessory dwelling units shall be the same as those required for primary structures in the applicable zoning district, except as provided below:
      (1)   Side and rear setbacks. The minimum side and rear setback for accessory dwelling units is four feet, unless the applicable zoning district permits a smaller minimum setback for primary structures, in which case that smaller setback applies.
      (2)   Second floor or conversion. No additional setbacks are required for:
         (a)   An existing structure that is converted to an accessory dwelling unit;
         (b)   An accessory dwelling unit constructed above an existing structure; or
         (c)   An accessory dwelling unit constructed in the same location as an existing structure, provided any modifications to the dimensions do not expand the footprint in the nonconforming setback area.
      (3)   Front setback exemption. No minimum front setback is required for:
         (a)    A new-construction accessory dwelling unit that is 800 square feet or smaller in floor area and complies with minimum four-foot side and rear yard setbacks.
         (b)   Accessory dwelling units and junior accessory dwelling units that qualify for approval under Cal. Government Code § 66323(a)(1) - (4).
   (G)   Parking.
      (1)   On-site parking is not required for accessory dwelling units or junior accessory dwelling units.
      (2)   When an existing parking space (covered or uncovered) is eliminated in conjunction with the creation of an accessory dwelling unit or junior accessory dwelling unit, replacement parking is not required for the eliminated parking space.
   (H)   Historic review. New construction, exterior alterations or additions for an accessory dwelling unit on a property listed on the Local Register of Historic Places shall comply with Eureka Municipal Code Chapter 157, except the following types of accessory dwelling units are exempt from Historic Preservation Review:
      (1)   A new-construction, detached accessory dwelling unit not located between a historic building and the street.
      (2)   The conversion of an existing interior space or structure to an accessory dwelling unit where no exterior alterations are proposed (interior construction only).
      (3)   A new-construction attached accessory dwelling unit that is not visible from the sidewalk, alley or street because it is blocked from view by permanent structures.
      (4)   Accessory dwelling units that qualify for approval under Cal. Government Code § 66323(a)(1) - (4).
   (I)   Nonconformities.
      (1)   New construction, exterior alterations or additions for an accessory dwelling unit or junior accessory dwelling unit are not subject to § 155.424.030(B) (Required Compliance), and do not trigger the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do no present a threat to public health and safety and are not affected by the creation of the accessory dwelling unit or junior accessory dwelling unit.
      (2)   An application for an unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020 that violates building or zoning standards shall be approved unless the Building Official finds that correcting the violation is necessary to protect the health and safety because the building is substandard pursuant to Cal. Health and Safety Code § 17920.3.
   (J)   Additional junior accessory dwelling unit requirements.
      (1)   The owner of the property must reside in either the remaining portion of the single-family residence or the junior accessory dwelling unit, except if the owner is a governmental agency, land trust or housing organization.
      (2)   A deed restriction must be filed including:
         (a)   A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence; and
         (b)   A restriction on the size and attributes of the junior accessory dwelling unit in conformance with Government Code §§ 66333 - 66339.
(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; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.316.070 INTERPRETATION.

   Any ambiguities in this section shall be interpreted to be consistent with state law.
(Ord. 951-C.S., passed 10-17-23; Am. Ord. 965-C.S., passed 8-19-25)

§ 155.320.010 PURPOSE AND APPLICABILITY.

   This § 155.320 establishes standards for fences and walls in all zoning districts.
(Ord. 885-C.S., passed 5-21-19)

§ 155.320.020 REQUIRED PERMITS AND APPROVALS.

   (A)   No department approval required. Fences and walls consistent with this section are permitted by-right without the need to obtain a zoning clearance or other Department approval, unless otherwise stated.
   (B)   Building permit. Fences and walls may require a building permit as required by California Building Code.
   (C)   Encroachment permit. Fences and walls in the public right-of-way require an encroachment permit approved by the Public Works Department.
(Ord. 885-C.S., passed 5-21-19)

§ 155.320.030 MEASUREMENT OF FENCE AND WALL HEIGHT.

   (A)   Measurement of height.
      (1)   The height of a fence or wall is measured as the vertical distance from the highest finished grade at the base of the fence or wall to the top edge of the fence or wall. See Figure 320-1.
      (2)   Fence or wall height includes any materials directly attached to the fence or wall.
   (B)   Variable height fences. If the height of a fence varies due to features integral to the overall fence design, variable height elements of the fence may exceed the allowed height by a maximum of one-foot six-inches. See Figure 320-2.
      Figure 320-1: Measurement of Fence Height
 
      Figure 320-2: Variable Fence Height
 
   (C)   Fences on walls. If a fence is atop a wall, the fence height is measured from the base of the wall or the sidewalk, whichever results in a greater height, except as allowed by division (D) below.
   (D)   Different finished grades. If the adjacent finished grade is different on opposite sides of a fence or wall, the height is measured from the side with the highest finished grade to the highest point on the fence or wall.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20)

§ 155.320.040 MAXIMUM HEIGHT.

   (A)   Maximum height. Fences and walls may not exceed the maximum height shown in Table 320-1 and Figure 320-3.
Table 320-1: Allowed Fence Height
Maximum Height [1] [3]
Solid Fence
Open Fence [2]
Table 320-1: Allowed Fence Height
Maximum Height [1] [3]
Solid Fence
Open Fence [2]
Residential Zones
Front yard area between front building wall and front lot line
4 ft.
6 ft.
All other areas on lot
7 ft.
7 ft.
Mixed use zones - any location on lot
8 ft. [4]
8 ft.
Industrial, public facilities, and resource related zones - any location on lot
12 ft.
12 ft.
Notes:
[1] Fences exceeding 7 feet require a Building Permit and engineered plans.
[2] Open fences must utilize decorative masonry, ornamental steel or wrought iron, aluminum, brick, stone, or wood, and be at least 70% open to the passage of light and air. Chain link and other woven wire fence materials smaller than 6 gauge are not allowed between a building and the street in the residential and mixed-use zoning districts.
[3] See § 155.308.040 (Vision Clearance Area) for height limitations at street intersections and when adjacent to driveways and alleys.
[4] Solid fences taller than 3' (36") are not allowed between a building and the street in a mixed-use zone district.
 
Figure 320-3: Allowed Fence Height - Residential Zoning Districts
   (B)   Vision clearance area. Walls and fences shall comply with the vision clearance area requirements in § 155.308.040 (Vision Clearance Area).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.320.050 MATERIALS.

   Table 320-2 identifies prohibited fence materials.
 
Table 320-2: Prohibited Fence Material
Fence Material
Where Prohibited
Barbed wire
All zoning districts except for industrial and resource-related zoning districts
Razor or concertina wire
All zoning districts, except when protecting critical infrastructure as determined by the Public Works Director
Electrified fence
All zoning districts except for resource-related zoning districts
Chain link and other woven wire fencing smaller than 6 gauge
Between a building and the street in residential and mixed-use zoning districts
Nails, broken glass, or other similar hazardous objects on the top of fence or wall
All zoning districts
 
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.320.060 NON-CONFORMING FENCES AND WALLS.

   Existing fences and walls that do not comply with this section may remain and may be repaired and modified in accordance with § 155.424.030(D) (Repairs and Modifications). When an existing fence or wall conflicts with § 155.308.040 (Vision Clearance Area), the conflict must be corrected when compliance with vision clearance area standards is triggered by § 155.424.030(B) (Required Compliance).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.324.010 PURPOSE.

   This § 155.324 establishes on-site parking requirements to:
   (A)   Provide on-site parking spaces for existing and new land uses in a manner that promotes infill development, supports a pedestrian-friendly environment and maintains Eureka’s unique sense of place;
   (B)   Provide for functional on-site parking areas that are safe for vehicles and pedestrians;
   (C)   Ensure that parking areas are well-designed and contribute to a high-quality design environment in Eureka;
   (D)   Maintain a sufficient supply of parking on an area-wide basis, with less concern for the number of parking spaces provided on each individual lot or land use;
   (E)   Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern;
   (F)   Encourage the construction of new housing and conversion of existing underutilized commercial properties to residential use;
   (G)   Support and encourage low carbon emission vehicles, bicycle transportation, car sharing and other new and innovative transportation options;
   (H)   Support a vibrant and dynamic local economy with flexible parking requirements;
   (I)   Ensure that on-site parking areas do not adversely impact land uses on neighboring properties; and
   (J)   Support a pedestrian-friendly streetscape design, walkable neighborhoods and active and inviting mixed-use districts.
(Ord. 885-C.S., passed 5-21-19)

§ 155.324.020 APPLICABILITY.

   (A)   Parking required. On-site parking must be provided as required by this section, except when:
      (1)   Exempted by this division (A); or
      (2)   Reduced by § 155.324.040 (Reductions and Alternatives to Automobile Parking).
   (B)   Residential use exemptions. The following residential uses are exempt from on-site parking requirements:
      (1)   Accessory dwelling units;
      (2)   New residential units 500 square feet or less, regardless of the size of the overall structure;
      (3)   New residential units that are deed restricted to households earning 80 percent or less of the Humboldt County area median income, including one, on-site, deed restricted or market rate, manager's unit;
      (4)   New construction or conversion of existing non-residential space to create eight or fewer residential units in the Downtown (DT), Downtown West (DW), and Hinge Industrial (HN) zoning districts. Where nine or more new units are created, parking must be provided only for the units in excess of eight. This parking exemption applies to exempt units in perpetuity regardless of future development on the site;
      (5)   New construction or conversion of existing non-residential space to create four or fewer residential units in the Henderson Center (HC), Neighborhood Commercial (NC), Wabash Avenue (WA), Office Residential (OR), Hospital Medical (HM), and Service Commercial (SC) zoning districts. Where five or more new units are created, parking must be provided only for the units in excess of four. This parking exemption applies to exempt units in perpetuity regardless of future development on the site;
      (6)   Division of an existing residential unit to create one or more additional residential units;
      (7)   Conversion of existing covered parking to create one or more additional residential units. When a covered parking space is eliminated to create an additional residential unit, replacement parking is not required for the eliminated parking space;
      (8)   New second residential units in the RE and R1 zoning districts created pursuant to Cal. Gov’t Code § 65852.21, and new residential units created as a result of an R1 urban lot split subdivision pursuant to Cal. Gov’t Code § 66411.7; and
      (9)   Residential units on a lot with a dedicated pedestrian access in lieu of vehicular access pursuant to § 155.308.010(C)(1)(b).
   (C)   Non-residential use exemptions. The following non-residential uses are exempt from on-site parking requirements:
      (1)   New construction of a building less than 1,000 square feet;
      (2)   New construction on lots less than 4,000 square feet;
      (3)   Existing non-residential buildings enlarged by less than 1,000 square feet;
      (4)   All new construction in the Downtown (DT), Downtown West (DW), Henderson Center (HC) and Hinge Industrial (HN) Zoning Districts and in the Neighborhood Market (NMO) Overlay Zone;
      (5)   All new construction within the Parking Assessment District. See Figure 508-5 in § 155.508 (Glossary) for parking assessment district boundaries; and
      (6)   In all zoning districts, a change from an existing non-residential use to a different non-residential use within an existing building.
   (D)   Enlargements. Where parking is required for an enlarged building, additional parking is required only to serve the enlarged area. Additional parking is not required to remedy parking deficiencies existing prior to the enlargement.
(Ord. 885-C.S., passed 5-21-19; 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)

§ 155.324.030 NUMBER OF ON-SITE PARKING SPACES REQUIRED.

   (A)   Vehicle spaces required. On-site parking for motor vehicles must be provided in the quantities specified in Table 324-1, except as otherwise provided in this section.
Table 324-1: Required Vehicle Parking Spaces
Land Use
Number of Required Parking Spaces
Table 324-1: Required Vehicle Parking Spaces
Land Use
Number of Required Parking Spaces
Residential
All residential uses except those listed below [1]
1 per unit
   Accessory dwelling unit
None required
   Farm worker housing
0.25 per bed
   Medical care housing
0.5 per bedroom
   Micro/shared housing
0.25 per bedroom
   Non-medical care housing
0.25 per bedroom
Commercial and Office
All commercial uses, except those listed below [1]
1 per 500 sq. ft.
   Day care facility
None
   Family day care home
None beyond that required for residential use
   Kennel-animal boarding
1 per 2,000 sq. ft.
   Commercial lodging
0.75 per room
   Vacation rental
None beyond that existing for residential use
   Hospitals
None
   Outdoor commercial recreation
For sites less than 1 acre, 1 per 5,000 sq. ft. of outdoor space available to customers; for sites over one acre, 1 per 15,000 sq. ft. of outdoor space available to customers
   Parking lots and structures
None required
   Vehicle repair, towing and impound
1 space per 1,000 sq. ft. of non-service bay floor area, plus 2 spaces per service bay
Industrial and Storage
All industrial and storage uses except those listed below [1]
1 per 2,000 sq. ft.
   Manufacturing, artisan
1 per 1,000 sq. ft.
   Mini-storage
1 per 4,000 sq. ft.
Civic and Recreation
All civic and recreation uses except those listed below [1]
1 per 500 sq. ft.
   Elementary and middle school
1.25 per classroom, plus 1 per 500 square feet of administrative office space
   High school
5 per classroom
   Colleges and trade schools
1 per every 4 fixed seats or 1 per 200 sq. ft. of assembly or classroom area, whichever is less
   Emergency shelter
As determined by the Director based on the demonstrated need for on-site parking
   Parks and playgrounds
None required
   Non-commercial places of assembly
1 per 300 sq. ft.
Infrastructure and Utilities
   Airport
As determined by parking demand study approved by the Director
   Freight terminals and transfer
1 per 2,500 sq. ft.
   Public agency corporation yard
1 per 2,500 sq. ft.
   Public utility
None required
   Recycling collection facility
1 per 750 sq. ft.
   Recycling processing facility
1 per 1,000 sq. ft.
NOTES TO TABLE:
[1] See § 155.504 (Land Use Classifications) for specific land uses included in category.
 
   (B)   Required electric vehicle spaces. See § 155.324.050(C) (Electric Vehicle Charging).
   (C)   Required bicycle parking spaces. See § 155.324.070 (Bicycle Parking).
   (D)   Calculation of required spaces.
      (1)   Floor area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use is calculated as described in § 155.112.050 (Floor Area and Floor Area Ratio).
      (2)   Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.
      (3)   Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating is counted as one seat.
      (4)   Fractional spaces. In determining the number of required parking, fractions of spaces over one-half will be rounded down to the next whole number.
   (E)   Unlisted uses. The parking requirement for land uses not listed in Table 324-1 is determined by the Director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use and any other relevant data regarding parking demand.
   (F)   Sites with multiple uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces is the sum of the number of parking spaces required for each individual use unless on-site shared parking is allowed in accordance with § 155.324.040(D) (On-site Shared Parking).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20)

§ 155.324.040 REDUCTIONS AND ALTERNATIVES TO AUTOMOBILE PARKING.

   (A)   General.
      (1)   This section identifies allowed reductions and alternatives to on-site automobile parking spaces required by § 155.324.030  (Number of On-Site Parking Spaces Required).
      (2)   These reductions are allowed either by-right or require approval of an administrative adjustment. If the reduction is requested as part of a project subject to discretionary approval, the request is considered by the review authority as part of the overall project.
   (B)   Calculation of parking reductions.
      (1)   Available reductions apply only to non-exempt parking spaces as specified in § 155.324.020 (Applicability).
      (2)   Available reductions are additive (i.e., multiple reductions may be combined for a single project). Each allowed reduction is calculated using the number of parking spaces required before any other reduction is applied. For example, parking for a development requiring 20 parking spaces that qualifies for a 10% transit proximity reduction (division (C)(1) above) and a 25% low demand reduction would be reduced by 35% (seven spaces).
   (C)   Available reductions. The following allow for the reduction of required on-site parking spaces:
      (1)   Transit proximity. For projects in proximity to an active public transit bus stop, required on-site parking may be reduced as shown in Table 324-2. Public transit bus stops exclude school bus stops.
 
Table 324-2: Transit Proximity Parking Reduction
Proximity to Bus Stop
Allowed Parking Reduction
600 feet
30%
900 feet
20%
1,200 feet
10%
 
      (2)   Bus pass.
         (a)   On-site parking is not required for a multi-family rental unit within 900 feet of a public transit stop if the lease agreement includes a complementary bus pass for use by the resident, paid for by the property owner during the entire duration of the rental.
         (b)   The Department will authorize this reduction only after the property owner or the property owner's authorized representative has submitted to the Department a signed agreement in a form approved by the City Attorney guaranteeing that the complementary bus pass will be provided as required for the parking reductions.
      (3)   Bicycle facility proximity. Required on-site parking may be reduced by up to 30% for projects located within 300 feet of an existing designated Class I or Class II bicycle facility as shown in General Plan Figure M-2.
      (4)   Carpool spaces. For non-residential uses, two automobile parking spaces may be exchanged for one carpool parking space. The carpool parking space must be designated as such with signage and/or space markings.
      (5)   Electric vehicle charging stations. Two required parking spaces may be exchanged for one space served by an electric vehicle charging station. To receive reduction, electric vehicle charging stations must be in excess of the minimum number of charging stations required by § 155.324.050(C) (Electric Vehicle Charging).
      (6)   Loss of on-street parking. If providing new on-site parking requires a new curb cut through an existing sidewalk and thereby eliminates an on-street parking space, the on-site parking is required only if the new on-site parking provides at least two more spaces than the number of lost on-street spaces. For example, if a new parking lot eliminates one on-street parallel parking space, new off-street parking is required only if it contains at least three spaces.
      (7)   Required disabled and electric vehicle spaces. Replacement parking spaces are not required if retrofitting a required accessible parking space or installing a required electric vehicle charging station eliminates one or more required parking spaces (e.g., to accommodate accessible loading area).
      (8)   Bicycle and motorcycle spaces.
         (a)   Bicycle or motorcycle parking may replace up to two required automobile spaces or 10% of the required number of on-site automobile parking spaces, whichever is less.
         (b)   Each automobile parking space must be replaced by space for at least six bicycles or four motorcycles. Bicycle parking spaces must comply with development standards in § 155.324.070 (Bicycle Parking).
         (c)   Bicycle spaces replacing an automobile space must be in addition to the minimum bicycle parking spaces required by § 155.324.070 (Bicycle Parking).
      (9)   In-lieu fees. Parking requirements may be satisfied through the payment of in-lieu fees consistent with any in-lieu parking fee program established by the City Council.
      (10)   On-site shared parking.
         (a)   Shared parking is the practice of allowing land uses with different peak and off-peak parking demand schedules to share required on-site parking spaces.
         (b)   Shared parking is allowed with an administrative adjustment for uses on a single lot, on adjacent lots, and on lots within 100 feet of one another.
         (c)   An applicant requesting shared parking must submit a parking demand study justifying the shared parking. The study must be prepared by a qualified transportation planning consultant or consist of materials that provide satisfactory evidence as determined by the Director.
         (d)   The total number of parking spaces in a shared parking arrangement must be equal to or greater than the number of spaces ordinarily required for any one of the participating uses.
         (e)   To approve an administrative adjustment for shared parking, the Director must make the findings in § 155.412.030(F) (Findings for Approval).
         (f)   The Director may require that additional documents, covenants, deed restrictions or other agreements are executed to ensure that:
            1.   The required parking spaces are maintained for the duration of the uses served; and
            2.   Uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building.
      (11)   Off-site parking.
         (a)   Required parking may be provided off-site if the parking is located no more than 300 feet from the lot serving the use. An administrative adjustment is required only if parking is to be provided on a non-adjoining lot.
         (b)   To approve an administrative adjustment for off-site parking at a non-adjoining lot, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that the off-site parking is located and designed in a manner that will conveniently meet the parking needs of the use that it serves.
         (c)   Prior to establishing any required parking off-site, a covenant record ("parking indenture"), approved by the city, must be filed with the County Recorder guaranteeing that off-site parking will be maintained exclusively for the use served for the duration of the use.
      (12)   Low demand.
         (a)   The number of required parking spaces may be reduced by up to 25% with an administrative adjustment for uses with unique operating characteristics that result in a lower parking demand than otherwise would be required.
         (b)   An applicant requesting reduced parking for a low demand use must submit evidence to the satisfaction of the Director that the use requires fewer parking spaces than otherwise required by § 155.324.030 (Number of On-site Parking Spaces Required). Acceptable evidence may include parking surveys, sales receipts, and examples of comparable uses in Eureka or similar communities.
         (c)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:
            1.   Evidence submitted by the applicant demonstrates that the use requires fewer parking spaces required by § 155.324.030 (Number of On-Site Parking Spaces Required) for the use; and
            2.   The use will provide a sufficient amount of on-site parking to accommodate its expected parking demand.
      (13)   Low impact development.
         (a)   Required parking spaces may be reduced by up to 15%, not to exceed four spaces, with an administrative adjustment in cases where the parking requirement conflicts with the city's storm water system (MS4) permit requirements.
         (b)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that providing all of the on-site parking while complying with the city's storm water system (MS4) permit requirements is not possible due to physical site constraints.
      (14)   Infill incentive permit reductions. Required parking spaces may also be reduced through an infill incentive permit. See Table 412-2 in § 155.412.060 (Infill Incentive Permits).
   (D)   On-site shared parking.
      (1)   Shared parking is the practice of allowing land uses with different peak and off-peak parking demand schedules to share required on-site parking spaces.
      (2)   Shared parking is allowed with an administrative adjustment for uses on a single lot, on adjacent lots and on lots within 100 feet of one another.
      (3)   An applicant requesting shared parking must submit a parking demand study justifying the shared parking. The study must be prepared by a qualified transportation planning consultant or consist of materials that provide satisfactory evidence as determined by the Director.
      (4)   The total number of parking spaces in a shared parking arrangement must be equal to or greater than the number of spaces ordinarily required for any one of the participating uses.
      (5)   To approve an administrative adjustment for shared parking, the Director must make the findings in § 155.412.030(F) (Findings for Approval).
      (6)   The Director may require that additional documents, covenants, deed restrictions or other agreements are executed to ensure that:
         (a)   The required parking spaces are maintained for the duration of the uses served; and
         (b)   Uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building.
   (E)   Off-site parking.
      (1)   Required parking may be provided off-site on a non-adjoining lot with an administrative adjustment if the parking is located no more than 300 feet from the lot serving the use. Required parking may be provided on an adjoining lot by-right.
      (2)   To approve an administrative adjustment for off-site parking at a non-adjoining lot, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that the off-site parking is located and designed in a manner that will conveniently meet the parking needs of the use that it serves.
      (3)   Prior to establishing the off-site parking, a covenant record (“parking indenture”), approved by the city, must be filed with the County Recorder guaranteeing that off-site parking will be maintained exclusively for the use served for the duration of the use.
      (4)   The number of required parking spaces may be reduced by up to 25% with an administrative adjustment for uses with unique operating characteristics that result in a lower parking demand than otherwise would be required.
      (5)   An applicant requesting reduced parking for a low demand use must submit evidence to the satisfaction of the Director that the use requires fewer parking spaces than otherwise required by § 155.324.030 (Number of On-Site Parking Spaces Required). Acceptable evidence may include parking surveys, sales receipts and examples of comparable uses in Eureka or similar communities.
      (6)   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)   Evidence submitted by the applicant demonstrates that the use requires fewer parking spaces required by § 155.324.030 (Number of On-Site Parking Spaces Required) for the use; and
         (b)   The use will provide a sufficient amount of on-site parking to accommodate its expected parking demand.
   (F)   Low impact development.
      (1)   Required parking spaces may be reduced by up to 15%, not to exceed four spaces, with an administrative adjustment in cases where the parking requirement conflicts with the city’s storm water system (MS4) permit requirements.
      (2)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that providing all of the on-site parking while complying with the city’s storm water system (MS4) permit requirements is not possible due to physical site constraints.
   (G)   Infill incentive permit reductions. Required parking spaces may also be reduced through an infill incentive permit. See Table 412-2 in § 155.412.060 (Infill Incentive Permits).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.324.050 GENERAL REQUIREMENTS.

   (A)   Availability and use of spaces.
      (1)   Required parking spaces for multi-family and non-residential uses must be permanently available and maintained to provide parking for the use they are intended to serve.
      (2)   Required parking spaces for single-family homes may not be removed unless specifically allowed by the Zoning Code. Immovable equipment, such as water heaters and washer/dryers, may not be located within a required parking space.
      (3)   Required parking spaces must be used exclusively for the temporary parking of vehicles and not for the sale, lease, display, advertising or storage of vehicles, trailers, boats, campers, mobile homes, merchandise or equipment, or for any other use not authorized by the Zoning Code, except as allowed by division (A)(4) below.
      (4)   One vehicle or trailer owned by the lessee, owner or renter of a property may be displayed within a required parking area for the purpose of sale for a maximum of 30 days.
      (5)   Repair work or servicing of motor vehicles is not allowed in an uncovered on-site parking facility, except for minor work commonly performed on operating vehicles that are associated with a residential use.
   (B)   Parking location.
      (1)   On-site parking. Required parking must be located on the same lot or site as the use which it serves, or on an adjoining lot, except as allowed by § 155.324.040(C)(11) (Off-Site Parking).
      (2)   Vehicles contained on lot. Parked vehicles may not encroach onto or over a sidewalk or public right-of-way.
   (C)   Electric vehicle charging.
      (1)   Number of charging stations. The number of required parking spaces with an electric vehicle charging station is as required by the Building Code. Two required parking spaces may be exchanged for one space served by an electric vehicle charging station as allowed by 155.324.040(C)(5) (Electric Vehicle Charging Stations).
      (2)   Signage. Signage must designate spaces with required electric vehicle charging stations as available only for electronic vehicle parking. Signage is required only for electric vehicle changing stations required by this division.
   (D)   Large vehicle parking. Recreational vehicles, boats and other large vehicles may not be parked within a required front or exterior side setback in a residential zoning district.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.324.060 PARKING DESIGN AND DEVELOPMENT STANDARDS.

   (A)   Parking access.
      (1)   Alley access. The following alley access requirements apply to all uses, except for detached single-family homes.
         (a)   For interior lots served by an alley, access to parking must be from the alley unless the Director approves an administrative adjustment to allow parking access from the street.
         (b)   To approve an administrative adjustment to access parking from a street, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that access from a street is necessary due to traffic, circulation or safety concerns.
         (c)   For corner lots served by an alley, parking may be accessed from a side street without an administrative adjustment.
      (2)   Number of driveways.
         (a)   For residential uses in residential zoning districts, no more than one driveway may serve lots less than 100 feet wide and no more than two driveways may serve lots 100 feet wide or more. On corner lots, this rule applies separately to each of the two street-facing sides.
         (b)    For non-residential uses in residential zoning districts and in all other zoning districts, the maximum number of driveways will be the minimum number necessary to serve the intended use. The Director, in consultation with the Public Works Director, will determine the permitted number of driveways based on the needs of the intended use and traffic, circulation and safety concerns.
      (3)   Driveway drop curb width. Minimum and maximum allowed driveway drop curb widths shall be as required by the Public Works Director.
      (4)   Separation of driveways. Separation between driveways will be the minimum distance required by the Public Works Director.
      (5)   Shared driveways. Parking facilities on adjoining lots may share access points and driveways provided reciprocal access easements are recorded for all properties.
      (6)   Distance from street corner. New driveways must be located the minimum distance from street corners required by the Public Works Director.
   (B)   Parking placement on site.
      (1)   Applicability. The parking placement requirements in this division apply only to new development and the parking areas that serve them.
      (2)   Multi-family dwellings. Surface parking spaces and carports for a multi-family dwelling may not be located between a primary building and a front or exterior side property line. See Figure 324-2.
Figure 324-2: Multi-Family Residential Parking Location
      (3)    DT, DW, NC, HC, OR, SC Zoning Districts. Surface parking spaces and carports may not be located between a building and a front or exterior side lot line. Parking must be located to the rear or side of buildings. Corner surface parking lots and carports are prohibited. See Figure 324-3.
Figure 324-3: Mixed Use District Parking
      (4)    Modification to parking placement standard. The Director may approve modification s to the parking placement standards in this section with an administrati ve adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that complying with the parking placement standards is infeasible due to unique physical site conditions such as parcel shape, topography, or traffic-related public safety risks.
   (C)   Forward entrance and exit. Parking areas of four or more spaces adjacent to an arterial or collector roadway must provide sufficient maneuvering area to allow vehicles to enter and access the roadway in a forward direction.
   (D)   Controlled access. Parking areas must be designed to prevent vehicular access to the public right of way at any point other than at designated driveways.
   (E)   Parking space and lot dimensions.
      (1)   Parking areas with three or fewer spaces. For parking areas with one to three parking spaces, spaces must have the following minimum dimensions:
         (a)   Uncovered parking space: eight feet six inches in width by 18 feet in length.
         (b)   Uncovered parking space parallel to an alley: eight feet six inches in width by 20 feet in length.
         (c)   Covered parking space in a garage or carport: ten feet in width by 18 feet in length.
         (d)   The width of a carport space may be reduced to eight feet six inches if one side is open without a solid wall or physical barrier obstructing a car door.
      (2)   Parking lots with four or more spaces. For parking lots with four or more spaces, parking spaces, drive aisles, and other parking lot features must comply with minimum dimensions shown in Figure 324-4.
      (3)   Compact spaces. Up to 50% of the required parking spaces in a parking lot may be compact spaces.
Figure 324-4: Parking Dimensions
   (F)   Surfacing.
      (1)   Standard materials.
         (a)     Except as allowed by division (F)(2) below, all parking areas and drive aisles must be paved with an asphalt, concrete or comparable all-weather surfacing material approved by the Public Works Director. Unpaved areas may not be used for parking or maneuvering.
         (b)    Ribbon driveways (parallel strips of paved surface for tires separated by an open, unpaved area) are allowed for single-family home driveways.
         (c)   Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers and turf grids, are a permitted surface material, subject to approval by the Public Works Director.
         (d)   Parking areas must be graded to dispose of all surface water consistent with the city’s MS4 permit storm water requirements to the satisfaction of the Public Works Director.
      (2)   Alternative materials.
         (a)   Parking areas and access ways may be surfaced with decomposed granite or other similar all-weather compacted material when serving:
            1.   All uses in a residential zoning district;
            2.   All uses in the Hinge Industrial (HN) and Light Industrial (LI) Zoning Districts; and
            3.    All uses in the Parks and Recreation (PR) and Public Facilities (PF) Zoning Districts.
         (b)   Where alternative surface materials are allowed by division (F)(2)(a) above, asphalt, concrete or comparable all-weather surfacing material must be used for:
            1.   The first 20 feet of the access way from a public street serving residential uses; and
            2.   The first 50 feet of the access way from a public street serving uses in the Hinge Industrial (HN), Light Industrial (LI), Parks and Recreation (PR) and Public Facilities (PF) Zoning Districts.
         (c)   Construction methods must be approved by the Public Works Director.
      (3)   Wheel stops and curbs.
         (a)   Landscaped areas, walkways and walls must be protected by either:
            1.   Parking space wheel stops; or
            2.   A curb at least six inches wide and six inches high designed to allow storm water runoff to pass through.
         (b)   A paved sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.
      (4)   Landscaped parking space. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving where wheel stops or curbs are provided. See Figure 324-5. Parking space landscaping may be included in the required perimeter landscaping area required by § 155.324.080(D) (Perimeter Parking Lot Landscaping).
      Figure 324-5: Parking Space Landscaping
 
   (G)   Tandem parking spaces.
      (1)   When allowed. Tandem parking spaces are permitted for residential uses and designated employee parking. See Figure 324-6.
      (2)   Residential uses. Parking spaces in a tandem configuration for residential uses must be reserved for and assigned to a single dwelling unit.
      (3)   Non-residential uses. Tandem parking may be used only for employee parking, in addition to parking spaces required by § 155.324.030 (Number of On-Site Parking Spaces Required).
      (4)   Configuration. Tandem parking spaces may not conflict with required parking spaces or aisles providing access to other parking spaces located within the parking area. For example, a tandem space may not project into the minimum drive aisle width providing vehicle access to other parking spaces in a parking lot.
      Figure 324-6: Tandem Parking Space
 
   (H)   Parking lifts. Required parking may be provided using elevator-like mechanical parking systems (“lifts”) provided the lifts are located within an enclosed structure or otherwise screened from public view.
   (I)   Lighting. Parking area lighting must be provided in compliance with § 155.308.050 (Outdoor Lighting) and as follows.
      (1)   A parking area with six or more parking spaces must include outdoor lighting that provides a minimum illumination of 1.0 foot-candles over the entire parking area.
      (2)   Lighting must be pedestrian-scaled and may not exceed a maximum height of 16 feet.
      (3)   Outdoor lighting as required above must be provided during nighttime business hours.
      (4)   Parking structures must provide indoor lighting as required by the California Building Code.
   (J)   Pedestrian access.
      (1)   Parking lots with more than 30 parking spaces must include a pedestrian walkway outside of drive aisles. Only one walkway is required to serve the entire parking lot; walkways for each parking row within the lot are not required.
      (2)   The design of the pedestrian walkway must be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material or other similar method as approved by the Director. The pedestrian walkway must be a minimum width of six feet.
   (K)   Screening. Parking lots of six spaces or more must comply with the following screening standards. See also § 155.308.060 (Screening for Residential Zoning Districts):
      (1)   Location. Screening must be provided along the perimeter of parking lots fronting a street and/or abutting a residential zoning district or ground floor residential use.
      (2)   Height.
         (a)   Screening adjacent to streets must have a minimum height of three feet.
         (b)   For parking lots within ten feet of a residential zoning district or ground floor residential use, screening must have a minimum height of six feet.
      (3)   Materials.
         (a)   Required screening adjacent to a street may consist of:
            1.   A low-profile wall constructed of brick, stone, stucco or other durable solid material; or
            2.   An open fence combined with landscaping to form an opaque screen. Open fences must be wrought iron or other high-quality decorative material and at least 70% open to the passage of light and air. Chain link and other wire fence materials are not allowed.
         (b)   Parking lots within ten feet of a residential zoning district or ground floor residential use must be screened by a six-foot solid wall or fence. Bushes, vines, and other vegetation may be incorporated into the design of required fence or wall.
(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)

§ 155.324.070 BICYCLE PARKING.

   (A)   Applicability. All new multi-family and commercial construction must provide bicycle parking as required by this section and the California Green Building Standards Code.
   (B)   Nonconformities. Sites nonconforming to this subsection must be brought into conformance when required by § 155.424.030 (Nonconforming Site Features).
   (C)   Types of bicycle parking.
      (1)   Short-term bicycle parking. Short-term bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.
      (2)   Long-term parking. Long-term bicycle parking provides residents and employees who live or work at a site a secure and weather-protected place to park and store bicycles. Long-term parking may be located in garages or other limited access areas for exclusive use by tenants, residents, and/or employees. Long-term parking may not be located within an area of a dwelling unit primarily intended to serve a different function (e.g., clothes closet or bathroom).
   (D)   Number of spaces.
      (1)   Minimum requirement. Multi-family and commercial uses must provide short-term and long-term bicycle parking as specified in Table 324-3.
Table 324-3: Required Bicycle Parking Spaces
Land Use [1]
Required Bicycle Parking Spaces
Short-Term Spaces
Long-Term Spaces
Table 324-3: Required Bicycle Parking Spaces
Land Use [1]
Required Bicycle Parking Spaces
Short-Term Spaces
Long-Term Spaces
Multi-family dwellings
1 per 6 units
1 per 3 units
Commercial uses
   Service Commercial (SC) Zoning District
1 per 2,000 sq. ft.
1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater
   All other zoning districts
1 per 1,000 sq. ft.
NOTES TO TABLE:
[1] For mixed-use projects, required bicycle parking spaces is the combined total for the residential and commercial components of the project.
 
      (2)   Calculations of less than one. When the calculation of required bicycle parking results in less than one space, a minimum of one bicycle parking space must be provided.
      (3)   Maximum spaces. In no case will more than 15 bicycle spaces be required for any single use or development project.
      (4)   Reductions. The Director may allow reductions to the number of required bicycle parking spaces with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and one or both of the following additional findings:
         (a)   Adequate space is not available to provide the bicycle parking; and/or
         (b)   Reduced bicycle parking is justified by reasonably anticipated demand.
   (E)   Short-term bicycle parking standards.
      (1)   Location. Short-term bicycle parking must be located within 100 feet of the primary entrance of the structure or use it is intended to serve. Parking may be located within required setbacks.
      (2)   Surfacing. Parking areas must be paved with asphalt, concrete or other all-weather surface.
      (3)   Protection. When located in a parking area: for the protection of bikes, automobiles and pedestrians, bicycle spaces must be protected by curbs, fences, planter areas, bumpers or similar barriers.
   (F)   Parking space dimensions.
      (1)   Minimum dimensions of two feet by six feet must be provided for each bicycle parking space. Spaces may be configured horizontally or vertically. Minimum ceiling height is prescribed by the California Building Code.
      (2)   An aisle of at least five feet must be provided behind all bicycle parking to allow room for maneuvering.
      (3)   A minimum two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths and other similar features.
      (4)   A minimum four feet of clearance must be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
   (G)   Rack design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle, and of supporting bicycles in a secure position, such as an “inverted-U” style rack. Alternative methods to secure bicycles are allowed if they provide a level of security equivalent to conventional bicycle racks.
   (H)   Long-term bicycle parking standards.
      (1)   Location. Long-term bicycle parking:
         (a)   Must be located on or within 250 feet of the use that it is intended to serve;
         (b)   May be located within a garage;
         (c)   May not be located within required front setbacks; and
         (d)   Must be permanently available and maintained to provide bicycle parking for the use they serve (e.g., immovable equipment, such as water heaters and washer/dryers, may not be located within a required parking area).
      (2)   Security. Long-term bicycle parking spaces must be secured. Spaces are considered secured if one or more of the following apply:
         (a)   The spaces are in a locked room or area enclosed by a fence with a locked gate;
         (b)   The spaces are within view or within 100 feet of an attendant or security guard; and
         (c)   The spaces are visible from employee work areas.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.324.080 PARKING LOT LANDSCAPING.

   (A)   Applicability.
      (1)   New parking lots. All new parking lots with four or more spaces must comply with this section as illustrated in Figure 324-7.
      Figure 324-7: Parking Lot Landscaping
 
      (2)   Non- conformities. An existing parking lot with four or more spaces non-conforming to this section must be brought into conformance to the extent possible when required by § 155.424.030 (Non-Conforming Site Features).
   (B)   Landscape materials. Except as otherwise specified in this section, 50% of required landscape area must be covered with groundcover, shrubs, turf or other types of plants at maturity. The remaining area may be covered by mulch, bark chip, crushed rock, pebbles, stone and similar non-plant materials.
   (C)   Interior parking lot landscaping.
      (1)   Amount of landscaping.
         (a)   All portions of a parking lot not occupied by a parking space, drive aisle, pedestrian way or trash collection and storage area must be landscaped.
         (b)   A minimum of one tree that reaches a mature height of at least 20 feet must be planted within the parking lot at a minimum ratio of one tree for each 15 parking spaces.
         (c)   When the calculation of required trees results in less than one tree (i.e., parking lots with fewer than 15 spaces), a minimum of one tree must be provided.
      (2)   Location of landscaping.
         (a)   Where space permits, a landscaped island, at least four feet in all interior dimensions, and containing at least one tree, must be provided at each end of each interior row of automobile parking stalls and between every eight consecutive automobile parking stalls. Horizontal curb surfaces may not be included in the landscaped island area calculation. Trees in landscape islands may count towards the required number of trees hereunder.
         (b)   Parking lots with more than 50 spaces must provide a concentration of landscape elements at primary parking lot entrances, such as trees, shrubs, flowering plants and enhanced paving.
         (c)   Landscaping must be located and designed so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This may be achieved through the orientation of the landscaped fingers and islands, and by providing dedicated pedestrian access through landscaped areas where needed.
   (D)   Perimeter parking lot landscaping.
      (1)   Adjacent to streets.
         (a)   Parking areas adjacent to a street must include a landscaped planting strip between the street and parking area at least four feet wide with at least 50% of the plant material attaining a minimum plant height at maturity of 36 inches. See § 155.324.060(K) (Screening) for when a low-profile wall or fence is required along the perimeter of a parking lot in addition to landscaping.
         (b)   Plantings and screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices that are determined by the Director to meet the intent of this requirement.
         (c)   Trees must be provided within the planting strip at a rate of at least one tree for each 30 feet of street frontage with a minimum distance of not more than 60 feet between each tree. Tree species must reach a mature height of at least 20 feet. Planting strip tree requirements are in addition to required interior parking lot trees.
         (d)   Landscaping must comply with intersection and driveway vision clearance requirements in § 155.308.040 (Vision Clearance Area).
      (2)   Stormwater runoff. When required, parking lot drainage plans will be reviewed by the Public Works Director and must comply with all applicable Low Impact Development (LID) standards.
   (E)   Alternative landscape designs.
      (1)   The Director may approve an administrative adjustment to allow alternative landscape design that deviates from the requirement in this section.
      (2)   To approve an administrative adjustment for an alternative landscape design, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that adjustments to landscape design requirements are warranted to provide relief for existing site constraints or to achieve a superior aesthetic or environmental design.
(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)

§ 155.328.010 PURPOSE.

   This section establishes landscaping standards to enhance the aesthetic appearance of developed areas in Eureka and to promote the efficient use of water resources.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.328.020 NONCONFORMITIES.

   Properties nonconforming to the standards in § 155.328.040 (Required Landscape Areas) and § 155.328.050 (General Landscape Requirements) must be brought into conformance when required by § 155.424.030 (Nonconforming Site Features).
(Ord. 962-C.S., passed 7-15-25)

§ 155.328.030 LANDSCAPE PLANS.

   (A)   Landscape plan required.
      (1)   An applicant must submit a landscape plan if new or modified landscaping is required by this chapter.
      (2)   Required landscape plans must be submitted as part of the design review application, if any, and subsequent building permit applications.
   (B)   Required contents. Landscape plans must include the following features and information:
      (1)   Site boundaries.
      (2)   Existing conditions on the property, including contours and existing structures.
      (3)   New structures and expansions proposed as part of the project.
      (4)   Existing landscaping, trees, and vegetation to be retained, specifying plant location, species, and size. Details of existing trees must also include approximate tree diameter measured 48 inches above existing grade and approximate outer limit of tree canopy.
      (5)   New landscaping proposed as part of the development project, specifying plant location, species, number, and size.
      (6)   Irrigation plan specifying the location, type, and size of all components of the irrigation system (if proposed).
      (7)   Proposed grading if any.
      (8)   A landscape maintenance plan describing how the landscaping will be maintained in a healthy and thriving condition, including provisions to replace plant material as needed to maintain compliance with the approved landscape plan.
      (9)   Additional information as determined by the Department to demonstrate compliance with the requirements of this section.
   (C)   Review and approval.
      (1)   For projects that do not require design review, the Department will review all landscape plans to verify compliance with this section as part of the zoning clearance approval.
      (2)   For projects that require design review, the review authority responsible for approving design review must also approve the landscape plan.
   (D)   Changes to approved landscape plans.
      (1)   Only the review authority that approved the landscape plan may allow substantial modifications to an approved landscape plan.
      (2)   The Director may approve minor changes to a landscape plan previously approved by the City Council, Planning Commission, or Design Review Committee. Minor changes are defined as modifications to a landscape plan that do not alter the general design character of the landscaped area or alter a feature of the landscaped area specifically required by the review authority. The Director may also approve changes to a landscape plan required to comply with Building Code or Fire Code requirements.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.328.040 REQUIRED LANDSCAPE AREAS.

   (A)   Applicability. The requirements of this subsection do not apply to single-family homes in any zoning district.
   (B)   Parking lots. See § 155.324.080 (Parking Lot Landscaping) for required landscaping in parking lots.
   (C)   Residential zoning districts.
      (1)   The following areas, excluding areas required for access to the property, must be landscaped and maintained:
         (a)   All required front and street side setback areas;
         (b)   All areas between a building and a front or exterior side lot line; and
         (c)   Any area between the front or exterior side lot lines and the sidewalk or edge of street curb. See Figure 328-1.
      (2)   Landscaping is not required in setback or yard areas located behind a four-foot or higher solid fence or wall or in areas not visible from the sidewalk or street.
      (3)   Landscaping may consist of any combination of living plants, such as trees, shrubs and grass or related natural features, such as rock, stone, or mulch. Decorative hardscape featuring pervious materials, such as pervious paver stones, gravel, and decomposed granite, is permitted within required landscaping areas.
      Figure 328-1: Required Landscape Area in Residential Zoning Districts
 
   (D )   Mixed-use zoning districts. In mixed-use zoning districts, all areas between a building and a front or exterior side lot line and all areas between the front or exterior side lot lines and the sidewalk or edge of street curb must be landscaped, excluding areas required for access to the property. See Figure 328-2.
      Figure 328-2: Required Landscape Area In Mixed Use Districts
   (E)    Other zoning districts. Parking lots in zoning districts other than residential and mixed-use zoning districts must comply with the landscaping requirements in § 155.324.080 (Parking Lot Landscaping). No additional landscaping is required.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.328.050 GENERAL LANDSCAPE REQUIREMENTS.

   (A)   The following requirements apply to all landscaping within the city.
      (1)   Vision clearance area. Landscaping must comply with the vision clearance area requirements in § 155.308.040 (Vision Clearance Area).
      (2)   Public safety. Plant species must be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation and do not conflict with utilities and overhead lights.
      (3)   Invasive plants. Planting species with a "High" rating in the California Invasive Plant Council's Cal-IPC inventory of invasive plants and plant species identified as invasive weeds by the Humboldt County Weed Management Area are prohibited.
   (B)   The following requirements apply to landscaping installed as part of a city-approved landscaping plan.
      (1)   Parking lots. See § 155.324.080 (Parking Lot Landscaping) for landscaping requirements that apply to new parking lots with four or more spaces.
      (2)   Native plants. At least 75%, by count, of all new in-ground shrubs, groundcover, and trees will involve only the use of species native to Eureka as listed by the California Native Plant Society, with the remainder being noncompeting exotic species.
      (3)   Trees.
         (a)   New trees must be a minimum 15-gallon size unless the reviewing authority determines that a smaller size is sufficient for the site.
         (b)   Trees in landscape planters less than ten feet in width or located closer than five feet from a public sidewalk, street, or permanent structure on an adjacent property must be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement.
      (4)   Groundcover and shrubs.
         (a)   A minimum of 50% of required landscape area must be covered with groundcover, shrubs, turf, or other types of plants at maturity.
         (b)   Groundcover must be provided throughout the landscaped area and must be spaced to achieve full coverage of the groundcover area within one year.
         (c)   A maximum of 50% of the required landscape area may consist of mulch, bark chip, crushed rock, pebbles, stone, or similar non-plant materials.
         (d)   Landscaped areas must be top dressed with bark, chip, mulch, or other similar material to cover exposed bare soil.
      (5)   Timing of installation. Required landscaping must be installed prior to receiving a temporary or final certificate of occupancy.
      (6)   The Director may defer the installation of landscaping for a maximum of 180 days after project occupancy/completion in cases of delays caused by inclement weather, unavailability of plant materials, construction scheduling, or other similar issues. The Director may require the applicant to provide adequate security to guarantee the landscaping installation in accordance with § 155.420.070 (Performance Guarantees).
(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; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.328.060 WATER EFFICIENCY IN LANDSCAPING ORDINANCE (WELO).

   (A)   General. In addition to the requirements of this section, all applicable development in Eureka must also comply with the California Model Water Efficient Landscape Ordinance (WELO) as required by California Water Conservation in Landscaping Act (Cal. Government Code §§ 65591 et seq.).
   (B)   When required. The following landscape projects must comply with the WELO requirements:
      (1)   New construction projects requiring a building permit that have an aggregate landscape area equal to or greater than 500 square feet.
      (2)   Rehabilitated landscape projects requiring a building permit that have an aggregate landscape area equal to or greater than 2,500 square feet.
   (C)   Conflicts. If conflicts occur between the Cal. Government Code or WELO and this section, the more restrictive will control.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.328.070 MAINTENANCE AND ENFORCEMENT.

   The following maintenance requirements and enforcement procedures apply to landscaping installed as part of a city-approved landscaping plan:
   (A)   Maintenance required.
      (1)   Dead and dying plants. All landscaping must be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease. Dead or dying plants must be removed and replaced with landscaping of similar size and maturity.
      (2)   Weed removal. Landscaping must be kept free from weeds.
      (3)   Irrigation systems. Irrigation systems must be maintained in a fully functional manner as approved by the city and required by this section. Watering schedules should be adjusted periodically to reflect seasonal variations.
   (B)   Violations. Failure to maintain landscape areas in compliance with this section will be deemed a nuisance subject to the enforcement procedures in § 155.428 (Enforcement and Penalties).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 962-C.S., passed 7-15-25)

§ 155.332.010 PURPOSE.

   This § 155.332 establishes requirements for residential small lot, conservation, and urban lot split subdivisions to accommodate a diversity of infill housing types, allow for development on constrained lots and preserve open space and other natural resources.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)

§ 155.332.020 SMALL LOT SUBDIVISIONS.

   (A)   Purpose. This section establishes standards for small lot subdivisions in the multi-family zoning districts. The intent of these standards is to:
      (1)   Facilitate the development of infill housing on vacant and underutilized properties;
      (2)   Increase opportunities for fee-simple home ownership in higher density areas of Eureka;
      (3)   Expand the types of housing available for purchase in Eureka, including lower-cost housing for first-time homebuyers and seniors looking to downsize; and
      (4)   Ensure that development on small lot subdivisions is well designed and minimizes impacts on neighboring properties.
   (B)   Where allowed. Small lot subdivisions are allowed only in the R2 and R3 Zoning Districts.
   (C)   Optional/not mandatory. Small lot subdivisions are an available option, not a mandatory requirement. Lots in the R2 and R3 Zoning Districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in § 155.332.020(E) (Development Standards).
   (D)   Approvals required. Small lot subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed small lot subdivisions shall be clearly identified as such on the tentative map.
   (E)   Development standards.
      (1)   Lot area. 
         (a)   The minimum lot area in a small lot subdivision is 2,000 square feet.
         (b)   The maximum lot area in a small lot subdivision is 4,999 square feet except an existing primary residence, including accessory structures located on the same resultant lot as the primary residence, is not limited to the 4,999 square foot maximum.
      (2)   Minimum setbacks.
         (a)   There are no minimum setbacks from lot lines within a small lot subdivision that do not abut a lot outside of the small lot subdivision. See Figure 332-1.
         (b)   Setbacks from lot lines that abut a property outside of the small lot subdivision are as required by the applicable zoning district.
            Figure 332-1: Small Lot Subdivision Setbacks
 
      (3)   Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.
      (4)   Parking.
         (a)   On-site parking is required consistent with § 155.324 (Parking); except that, the Director may waive the on-site parking requirement with an Administrative Adjustment for lots without street or alley frontage where it is physically impossible for a vehicle to access a lot.
         (b)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:
            1.   It is physically impossible to provide vehicular access to the lot due to the location of existing structures; or
            2.   Proposed development on the lot cannot be reasonably reconfigured in any way that would allow for vehicular access to the lot.
      Figure 332-2: Lot Access
 
      (5)   Other standards. Except for minimum setbacks, small lot subdivisions are subject to all development standards (e.g., height, FAR, site coverage) in the applicable zoning district.
   (F)   Subdivision configurations.
      (1)   Minimum requirements. Small lot subdivisions must comply with § 155.308.010 (Lot Standards).
      (2)   Example configurations. Figures 332-3 and 332-4 illustrate example lot configuration and building placement permitted in small lot subdivisions. Other configurations are permitted, provided they comply with the requirements of this section.
      Figure 332-3: Small Lot Subdivision Example Configurations - Interior Lots
 
      Figure 332-4: Small Lot Subdivision Example Configurations - Corner Lots
 
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)

§ 155.332.030 URBAN LOT SPLIT SUBDIVISIONS.

   (A)   Purpose. This subsection allows for subdivision of RE and R1 zoned lots and development of housing pursuant to Cal. Government Code §§ 65852.21 and 66411.7.
   (B)   Where allowed. Urban lot split subdivisions are permitted on any parcel zoned RE (Residential Estate) or R1 (Residential Low) provided:
      (1)   The original lot area is at least 2,400 square feet;
      (2)   The lot is not listed on the State or Local Register of Historic Places or located within a designated historic district;
      (3)   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;
      (4)   Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split subdivision as provided under Cal. Government Code § 66411.7;
      (5)   The parcel has not been established through a prior urban lot split subdivision;
      (6)   No 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 urban lot split; and
      (7)   The urban lot split would not require demolition or alteration of housing that:
         (a)   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; and/or
         (b)   Has been occupied by a tenant in the last three years.
   (C)   Optional/not mandatory. Urban lot split subdivisions are an available option, not a mandatory requirement. Lots in the RE and R1 Zoning Districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in division (E) below (Development Standards).
   (D)   Approval process.
      (1)   Ministerial approval. Urban lot split subdivisions require ministerial city approval of a parcel map as required by the California Subdivision Map Act and Municipal Code Chapter 154 (Subdivision Regulations).
      (2)   Nonconforming zoning conditions. The Director may not require the correction of nonconforming zoning conditions as a condition of parcel map approval.
      (3)   Time limit to act. Urban lot splits shall be approved or denied within 60 days of submission of a complete application.
      (4)   Identification on parcel map. Proposed urban lot split subdivisions must be clearly identified as such on the parcel map.
   (E)   Development standards.
      (1)   Number of new parcels. The urban lot split creates no more than two resulting parcels.
      (2)   Resulting minimum lot area.
         (a)   The minimum lot area for a lot resulting from an urban lot split subdivision is 1,200 square feet; and
         (b)   The resulting minimum lot area must be at least 40% of the original lot area. For example, if the original lot is 5,000 square feet, the smallest resulting lot must be at least 2,000 square feet, or 40% of the original lot area. If the original lot is 3,000 square feet, then the smallest resulting lot must be at least 1,200 square feet.
      (3)   Minimum setbacks and other standards. No setback is required for an existing structure or a structure in the same location and to the same dimensions as an existing structure. In all other circumstances see Table 204-2.1 for minimum setback and other development standards for urban lot split subdivisions.
      (4)   Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.
      (5)   Parking. On-site parking is not required. If on-site parking is provided, the parking must be consistent with § 155.324 (Parking), and garages and carports must be setback as provided in Table 204-2.1.
      (6)   Maximum number of dwelling units. 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 the Cal. Government Code.
      (7)   Guaranteed allowance. A standard of this chapter must be waived if the applicant demonstrates it would have the effect of physically precluding the construction of two units on either of the resulting parcels, each with up to 800 square feet of floor area.
   (F)   Other requirements.
      (1)   Short-term rental. Rental of any unit created pursuant to an urban lot split subdivision must be for a term longer than 30 days.
      (2)   Residential use. The primary use of the resulting lots must be residential. The resulting lots may not be utilized for any non-residential primary use otherwise permitted in the RE or R1 zoning districts as identified in Table 204-1.
      (3)   Owner occupancy. An applicant for an urban lot split subdivision shall sign an affidavit stating the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split subdivision. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Cal. Revenue and Taxation Code §§ 214.15 or 402.1.
(Ord. 931-C.S., passed 2-15-22; Am. Ord. 965-C.S., passed 8-17-25)

§ 155.332.040 CONSERVATION SUBDIVISIONS.

   (A)   Purpose. This section allows for residential conservation subdivisions to preserve open space and accommodate creative site plans on lots where development is constrained by gulches, trees, steep slopes and other physical features. See Figure 332-5 for an example conservation subdivision in the RE Zoning District.
      Figure 332-5: Example Conservation Subdivision
 
   (B)   Eligibility. Conservation subdivisions are permitted in any residential zoning district on lots 10,000 square feet or more.
   (C)    Approvals required. Conservation subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed conservation subdivisions must be clearly identified as such on the tentative map.
   (D)   Development standards.
      (1)   Lot size.
         (a)   There is no minimum lot size within a conservation subdivision, provided the overall density of the subdivision does not exceed the maximum density of the applicable zoning district.
         (b)   Project density is calculated using the number of homes, not the number of lots, and includes all open space areas. See Figure 332-5.
      (2)   Setbacks.
         (a)   There are no minimum setbacks from lot lines within a conservation subdivision that do not abut a property outside of the conservation subdivision. See Figure 332-5.
         (b)   The applicable zoning district will govern setbacks from lot lines that abut a property outside of the conservation subdivision.
      (3)   Height. Buildings within a conservation subdivision may not exceed a maximum height of 35 feet.
      (4)   Site coverage. There is no maximum site coverage for individual lots within a conservation subdivision.
      (5)   Floor area ratio. The maximum floor area ratio in a conservation subdivision is as required by Table 204-2 in § 155.204 (Residential Zoning Districts).
   (E)   Allowed land uses. The applicable zoning district will govern allowed land uses in a conservation subdivision.
   (F)   Conservation area. Dedicated conservation areas within a conservation subdivision must be separated from residential parcels and comply with the following standards:   
      (1)   Open space minimums. A conservation subdivision project must designate a minimum of 50% of the total project site as permanent open space. See Figure 332-5 .
      (2)   Conservation easement required. Designated open space must be guaranteed in perpetuity using one or more of the following control mechanisms:
         (a)   Dedication of a conservation easement to a public agency or a public interest land trust;
         (b)   Dedication of land in fee-title to a public agency; or
         (c)   Deed restrictions recorded with the County Recorder.
      (3)   Use of conservation area. Conservation areas will remain as undeveloped open space in accordance with the following:
         (a)   Development is prohibited within a conservation area, except for development necessary for natural resource protection and restoration as determined by the Director;
         (b)   Animal grazing and crop production is allowed in a conservation area consistent with Municipal Code Ch. 91 (Animals). Accessory structures serving an agricultural use, such as pole barns, are allowed;
         (c)   Trees may not be removed within a conservation area, except as allowed by § 155.304.140 (Tree Removal); and
         (d)   A subdivider or property owner is not required to provide public access to a conservation area.
      (4)   Contiguity. Fragmentation of dedicated open space areas must be avoided. Dedicated open space areas must be consolidated or linked to facilitate wildlife movement, maintain functioning biological communities and accommodate agricultural activity where appropriate. Open space connections to adjoining land beyond the project site should be anticipated and identified where possible.
(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)

§ 155.336.010 PURPOSE.

   This § 155.336 establishes standards for temporary uses and structures to allow for appropriate short-term events and activities while limiting impacts on neighboring properties and the general public.
(Ord. 885-C.S., passed 5-21-19)

§ 155.336.020 APPLICABILITY AND PERMIT REQUIREMENTS.

   (A)   Applicability. This section applies to all temporary uses and structures in Eureka.
   (B)   Permit requirements. Specific types of temporary uses and structures are allowed either:
      (1)   By-right without Department approval (see § 155.336.040); or
      (2)   With a zoning clearance (see § 155.336.050).
(Ord. 885-C.S., passed 5-21-19)

§ 155.336.030 GENERAL STANDARDS.

   (A)   Standards for all temporary uses and structures. All temporary uses and structures must comply with the following standards.
      (1)   Encroachment permit. Temporary uses and structures may not be located in the public right-of-way without an encroachment permit.
      (2)   Business license required. Any person engaging in commercial activity or conducting a business in any manner as part of a temporary use must obtain a City of Eureka business license.
      (3)   Nuisance. A temporary use or structure may not constitute a public nuisance as defined in Municipal Code § 150.163 (Public Nuisance Specified).
      (4)   Obstructions. A temporary use or structure may not obstruct pedestrian or vehicular traffic or block a driveway or alleyway.
      (5)   Trash and litter. Temporary uses must provide on-site trash receptacles as needed to keep the site free of trash and debris.
      (6)   Site condition after use. Upon completion and removal of a temporary use, the site must be cleaned of debris and litter and returned to its original state. Temporary uses and structures may not result in permanent alterations to the site.
      (7)   Other applicable requirements. Temporary uses and structures must comply with all other applicable standards in the Zoning Code and Municipal Code, including, but not limited to:
         (a)   Lighting standards in § 155.308.050 (Outdoor Lighting);
         (b)   Sign standards § 155.340.090 (Temporary Signs); and
         (c)   Noise limitations in Municipal Code §§ 94.01 et seq. (Noise).
   (B)   Applicant agreement. An applicant requesting approval of a temporary use or structure requiring a zoning clearance must agree in writing to comply with all applicable standards as provided in this section.
(Ord. 885-C.S., passed 5-21-19)

§ 155.336.040 TEMPORARY USES AND STRUCTURES ALLOWED BY-RIGHT.

   The following temporary uses and structures are allowed without a zoning clearance or any other form of Department approval:
   (A)   On-site construction yards and equipment. A construction yard on the same site as an approved construction project, including a trailer or modular unit used for security personnel, storage, office or other similar temporary use, dumpsters and other construction equipment. Construction yards, trailers and equipment must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first;
   (B)   Garage sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales;
   (C)   Portable moving and storage containers. Moving and storage containers delivered to a home, loaded by residents and delivered to another location, for a maximum of two weeks on private property. Containers placed in a street must comply with the City of Eureka Traffic Code Ch. 72 (Stopping, Standing and Parking);
   (D)   Dumpsters. Dumpsters used to collect and store debris from building demolition and property clean-up activities are allowed on private property for the duration of the building permit or 30 days;
   (E)   Outdoor fundraising events. Outdoor fundraising events on commercial sites when sponsored by a non-profit organization directly engaged in civic or charitable efforts. Outdoor fundraising events are limited to two days each month for each sponsoring organization;
   (F)   Catering. Mobile food vendors operating as caterers to private events when food or beverages are not sold to the general public; and
   (G)   Recreational vehicles (RVs).
      (1)   A recreational vehicle (RV), motor home, camper or other similar vehicle as follows:
         (a)    Used for living and sleeping purposes on a site with an active building permit for a construction project associated with an existing, or proposed single-family home. Vehicles may be occupied only by the property owner and the property owner’s family. Vehicles must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first.
         (b)   Used for temporary living and sleeping purposes when associated with a single-family home (e.g., visiting relatives) for a maximum of 14 consecutive days and a maximum of 45 days per calendar year.
         (c)   Used for emergency housing during a declared shelter crisis on city-owned or -leased properties specifically designated as safe parking facilities under the city's shelter crisis declaration.
      (2)   A recreational vehicle (RV), motor home, camper or other similar vehicle located outside of a legally established recreational vehicle park may not be used for living or sleeping purposes, except as allowed in division (G)(1) above.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)

§ 155.336.050 TEMPORARY USES AND STRUCTURES ALLOWED WITH A ZONING CLEARANCE.

   The following temporary uses and structures require a zoning clearance.
   (A)   Seasonal sales. Seasonal sales (e.g., Christmas trees, pumpkins) for a maximum of 60 days, no more than four times per year on a single property.
   (B)   Outdoor sales events. Outdoor sales events conducted by a permanent on-site use for a maximum of 30 days in any 180-day period.
   (C)   Traveling sellers. Temporary outdoor retail sales not associated with a permanent on-site use conducted in a fixed location as follows.
      (1)   A traveling seller may conduct sales for a maximum of 14 days and no more than four times per year on a single property. After 14 days, a traveling seller must move to a new location 1,000 feet or more from the previous location.
      (2)   Traveling sellers may locate only on commercial property, and only with approval of the property owner. Sales activities are not permitted in the public right-of-way.
      (3)   Retail sales from a vehicle are not subject to these limitations. See § 155.304.090 (Mobile Vendors).
   (D)   Metal shipping containers. Metal shipping containers (e.g., CONEX boxes) in residential and mixed-use zoning districts, not to exceed 30 days.
   (E)   Expansion or replacement facilities. Temporary work space for employees during construction or remodeling of a permanent building. Temporary space may be provided in trailers or transportable buildings that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites. Structures must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first.
   (F)   Tiny houses on wheels. Tiny houses on wheels when permitted as an accessory dwelling unit in a residential zone district pursuant to § 155.304.130 (Tiny Houses on Wheels).
   (G)   Other temporary uses. Other temporary uses compatible with the applicable zoning district and surrounding land uses as determined by the Director.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)

§ 155.340.010 PURPOSE.

   This § 155.340 establishes standards relating to the permitted type, size, dimensions, placement, number and design of signs. The intent of these standards is to:
   (A)   Support economically viable businesses serving city residents, workers and visitors;
   (B)   Allow for signage that identifies businesses and other properties in a fair and equitable manner;
   (C)   Allow persons to exercise their free speech rights protected under the U.S. and California Constitutions;
   (D)   Promote the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community’s expressed desire for quality development;
   (E)   Ensure that signs are compatible with their surroundings;
   (F)   Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting or illegible signage;
   (G)   Emphasize Eureka’s small-town historical character by promoting pedestrian-oriented and appropriately-scaled signage in all parts of town other than Broadway;
   (H)   Acknowledge Broadway’s role as a primarily vehicular corridor through Eureka and allow for larger-scale and more vehicle-oriented signs on Broadway while still emphasizing aesthetic quality and scales appropriate for Eureka; and
   (I)   Allow for a simple and streamlined sign permitting process.
(Ord. 885-C.S., passed 5-21-19)

§ 155.340.020 APPLICABILITY.

   Unless specifically exempted, all signs in Eureka must comply with the requirements of this section, including signs for which a city permit or other approval is not required.
(Ord. 885-C.S., passed 5-21-19)

§ 155.340.030 SIGNS ALLOWED WITHOUT PERMITS.

   (A)   Types of signs. The following signs are exempt from the permit requirements of this section and are not counted towards the allowable sign area or number of signs:
      (1)   Address and nameplate signs. Street, apartment, unit, suite numbers, and nameplates, not greater than four inches in height for residential uses, and not greater than six inches in height for commercial uses.
      (2)   Commemorative plaques. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material. Commemorative plaques may not be illuminated.
      (3)   Decorations. Holiday and cultural observance decorations on private property which do not include any commercial advertising.
      (4)   Sandwich board signs on private property. Non-digital sandwich board signs on private property, not to exceed a vertical or horizontal dimension of four feet. Sandwich board signs within the public right-of-way must comply with the requirement of § 155.340.070(F) (Sandwich Board Signs).
      (5)   Directional signs. On-site directional signs located entirely on the property to which they pertain, identifying direction to parking, restrooms, and similar public facilities, each not exceeding five feet in height and five square feet in area for non-residential uses, and two square feet for residential uses.
      (6)   Directory signs. One directory sign per street frontage as follows:
         (a)   Maximum area: one square foot per tenant.
         (b)   Maximum height: six feet if freestanding.
         (c)   Internal illumination prohibited.
      (7)   Home occupation. One single, non-illuminated, wall-mounted outdoor sign of not more than two square feet in area.
      (8)   Vacation rental. Each lot containing a vacation rental use may display one single, non-illuminated, wall-mounted outdoor sign of not more than two square feet.
      (9)   Flags. Flags bearing noncommercial messages or graphic symbols.
      (10)   Government signs. Signs installed or required by a governmental agency, including signs advertising community activities and local nonprofit, civic, or fraternal organizations.
      (11)   Informational signs. Signs with information for the safety and convenience of the public such as address, hours and days of operation, whether a business is open or closed, and no smoking notices, up to three square feet per sign and ten square feet in total. Excludes internally illuminated window signs.
      (12)   Internal signs. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.
      (13)   Window signs. Window signs consistent with Table 340-2 (Window Signs, Non-Illuminated) and Table 340-3 (Window Signs, Internally Illuminated). Signs may not move or appear to move, change intensity, color, or pattern at any time, and may not create a public nuisance or hazard due to glare or halo effect.
      (14)   Equipment signage. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including but not limited to telephone booths, restrooms, vending machines, automated teller machines, gasoline pumps, drive-thru restaurant menu boards, and other signs of an instructive nature.
      (15)   No trespassing signs. "No trespassing" signs, each not more than one square foot in size, placed at each corner and each entrance to a property, and at intervals of not less than 100 feet, or in compliance with the requirements of state or federal law.
      (16)   Non-commercial bulletin boards. One bulletin board on a parcel occupied by a non-commercial place of public assembly, with a maximum area of 12 square feet.
      (17)   Real estate listings. Real estate listings posted in the window of a real estate office, with a maximum area of 25% of the total window area.
      (18)   Restaurant menu signs. Restaurant menu signs attached to a building.
      (19)   Fuel price signs. Fuel price signs as required by state law. (See Cal. Business and Professions Code § 13530). Fuel price signs may include digital displays; however, the digital display may change no more than once a day. Digital displays must comply with brightness limitations in Table 340-9 (Digital Signs).
      (20)   Temporary signs. Temporary signs consistent with § 155.340.090 (Temporary Signs).
   (B)   Routine maintenance. The painting, cleaning, repair and normal maintenance of a legally-established sign in conformance with § 155.340.080(E) (Maintenance) is allowed by-right, without a zoning clearance or other form of Department approval.
   (C)   Murals and decorations. Murals, decorations and design elements on the exterior of a building that do not advertise a product, business or service are not considered signs and are not subject to the requirements of this section. Advertisement includes text displaying the name of a business, text displaying the name of a product, text publicizing a service, business-specific logos and product-specific logos. Murals do not require a permit.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.340.040 PROHIBITED SIGNS.

   (A)   Prohibited sign types. The following types of signs are prohibited:
      (1)   Banner signs, feather banners, yard signs, and inflatable balloon signs, except when used as a temporary sign consistent with § 155.340.090 (Temporary Signs);
      (2)   Beacon signs and searchlights;
      (3)   Human directional and advertising signs;
      (4)   New off-premise signs established after June 20, 2019;
      (5)   Ticker signs; and
      (6)   Digital signs, except when allowed consistent with Table 340-9 in § 155.340.070 (Sign Standards).
   (B)   Prohibited location or placement. Signs with the following location and/or placement characteristics are prohibited:
      (1)   Signs attached to or placed adjacent to any utility pole, parking meter, traffic signpost, traffic signal or any other traffic-control device, except when installed by a governmental agency;
      (2)   Signs attached to trees;
      (3)   Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by a governmental agency;
      (4)   Signs installed without permission of the property owner or the owner’s agent;
      (5)   Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment. This prohibition does not limit the use of business logos, identification or advertising on vehicles actively used for business purposes and/or personal transportation;
      (6)   Signs in the public right-of-way or projecting over a public street which have not received an encroachment permit;
      (7)   Signs that obstruct or interfere with a traffic- control sign or signal;
      (8)   Signs that obstruct or interfere with the free use of a fire escape, exit, stairway, door, ventilator or window in violation of the California Building or Fire Code; and
      (9)   Signs that conflict with § 155.308.040 (Vision Clearance Area) or signs that otherwise interfere with visibility at an intersection, public right-of-way, driveway or other point of ingress/egress. The city may require sign setbacks greater than specified in this section to maintain adequate visibility for motorists and pedestrians.
   (C)   Prohibited design features. Signs with the following design features and/or physical characteristics are prohibited:
      (1)   Signs containing mirrors and signs that constitute a traffic hazard due to highly reflective or fluorescent materials;
      (2)   Signs that simulate in size, color, lettering or design a traffic control sign or signal;
      (3)   Signs that blink, except chase lighting (see § 155.340.080(H));
      (4)   Signs that flash, strobe or change intensity;
      (5)   Signs emitting audible sounds, odor, fumes, smoke, flames or other visible matter; and
      (6)   Signs that feature a flag, pennant, whirligig or any devices that wave, flutter, rotate or display other movement under the influence of wind.
   (D)   Prohibited sign content.
      (1)   The following sign content is prohibited:
         (a)   Obscene or indecent text or graphics;
         (b)   Text or graphics that advertise unlawful activity under state or local laws;
         (c)   Text or graphics that constitute defamation, incitement to imminent lawless action or true threats; and
         (d)   Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” “Danger” or comparable words, phrases, symbols or characters in such a manner as to imply a safety hazard that does not exist).
      (2)   The content prohibited by division (D)(1) above is either not protected by the United States or California Constitutions or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each subparagraph of division (D)(1) above be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitutions.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.340.050 RULES OF MEASUREMENT.

   (A)   Calculating sign area.
      (1)   Sign area for digitally-printed signs is measured as the area within a single rectangle that completely enclose the sign copy and graphics, as well as any frame, material or color that is an integral part of the display or used to differentiate the sign’s contents from the background against which they are placed. See Figure 340-1.
      (2)   For all signs other than digitally-printed signs, sign area is measured as the area within up to eight rectangles that completely enclose the sign copy and graphics. See Figure 340-2.
Figure 340-1: Sign Area Measurement - Digitally Printed Signs
 
Figure 340-2: Sign Area Measurement - All Other Sign Types
 
      (3)    Supporting framework or bracing that is clearly incidental to the display itself is not calculated as sign area.
      (4)   For projecting and other double-faced (back-to-back) signs with identical faces, only one display face is counted in the sign area measurement if the distance between each sign face does not exceed 36 inches and the two faces are parallel with each other.
      (5)   The area of spherical, free-form, sculptural or other non-planar signs is measured as 50% of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 340-3.
Figure 340-3: Non-Planer Sign Area
 
   (B)   Tenant frontage.
      (1)   General. Tenant frontage is the linear measurement of a tenant's building wall that abuts and faces a street, a tenant's building wall that abuts and faces a parking lot, or a tenant's building wall that abuts and faces a pedestrian walkway or alley. See Figure 340-4.
Figure 340-4: Tenant Frontage
 
      (2)   Corner and through lots.
         (a)    Where a tenant occupies a building that fronts on two streets (on a corner or through lot), allowed sign standards apply independently for each street frontage unless otherwise indicated in this section. See Figure 340-5.
Figure 340-5: Corner and Through Lots
 
         (b)    For example, a corner tenant in the DT Zoning District may install one wall sign on each street frontage. Allowed sign area applies individually to each frontage and may not be transferred between frontages.
   (C)   Building frontage. Building frontage is measured in the same manner as tenant frontage, except calculated for the entire building, not individual tenants. See Figure 340-6.
Figure 340-6: Building Frontage
 
   (D)   Detached sign height measurement. The height of a freestanding, pole, monument or other type of detached sign is measured from the finished grade at the base of the sign to the top of the sign. See Figure 340-7.
Figure 340-7: Detached Sign Height
 
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.340.060 SIGN PERMITS.

   (A)   Types of sign permits. The Zoning Code establishes three types of sign permits: administrative sign permits, master sign permits, and creative sign permits.
      (1)   An administrative sign permit is a ministerial approval by the Department to confirm that a proposed sign complies with all applicable standards.
      (2)   A master sign permit is a discretionary permit reviewed by the Design Review Committee to allow for comprehensive and coordinated signs on large, complex, non-residential multi-tenant sites and to allow some deviation from sign standards where appropriate.
      (3)   A creative sign permit is a discretionary permit reviewed by the Design Review Committee to allow unique, high-quality signs that deviate from sign standards in this section.
   (B)   Administrative sign permits.
      (1)   When required. All new signs require an administrative sign permit except for:
         (a)   Signs exempt from permit requirements as identified in § 155.340.030 (Signs Allowed Without Permits);
         (b)   Signs that comply with the requirements of an approved master sign permit as identified in § 155.340.060(C) (Master Sign Permit); and
         (c)   Signs that comply with the requirements of an approved creative sign permit as identified in § 155.340.060(D) (Creative Sign Permit).
      (2)   Permit requirements.
         (a)   Administrative sign permit applications must be submitted using an official Department form accompanied by all fees, information, and materials required by the Department.
         (b)   Department staff will review the proposed sign to verify compliance with applicable standards. If the proposed sign complies with all applicable standards, the Department staff will approve the administrative sign permit. No public notice or hearing is required.
   (C)   Master sign permit.
      (1)   Purpose. The purpose of the master sign permit is to provide a coordinated approach to signage for large sites/buildings and non-residential multi-tenant developments, buildings, or adjacent/adjoining properties/parcels.
      (2)   When allowed. Any site greater than one acre, any site with tenant spaces above the first floor, or any non-residential development, building, or property with three or more tenants, may request approval of a master sign permit.
      (3)   Review authority. The Design Review Committee reviews and takes action on master sign permit applications.
      (4)   Application submittal and review.
         (a)   Master sign permit applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).
         (b)   Master sign permit applications must be authorized by the property owner/agent.
      (5)   Master sign program. All master sign permit applications must include a proposed master sign program that identifies the placement, size, materials, type, and general design of signs located on a site, including both existing and proposed signs.
      (6)   Design standards.
         (a)   A master sign program may not allow prohibited signs as identified in § 155.340.040 (Prohibited Signs) or deviation from digital sign requirements in Table 340-9 (Digital Signs).
         (b)   A master sign program may allow deviation from the maximum size of signs through transfers of maximum sign areas in § 155.340.070 (Sign Standards) between tenants on a site. For example, on a site with ten tenants that each have 20-foot-wide frontages, each tenant would be allowed 20 square feet of pole signs. Through a standard administrative sign permit, the area of each sign cannot be transferred from one tenant to another. However, through Design Review Committee approval of a master sign permit, the collective total of 200 square feet of sign area for the entire site can be pooled and then re-allocated between tenants so that one tenant could have 101 square feet and the remaining tenants could each have 11 square feet of sign area.
         (c)   A master sign program may allow deviation from the total number of signs permitted per site in § 155.340.070 (Sign Standards). In the example in division (6)(b) above, the site would be limited to one pole sign 150 square feet or smaller with a standard administrative sign permit. However, through a master sign permit, the site could have two or more pole signs totaling 150 square feet of signage if specifically allowed by the master sign permit approval.
         (d)   Deviation from any other requirement in this section is not allowed.
      (7)   Public notice and hearing. The Design Review Committee will review and act on a master sign permit application at a noticed public hearing in compliance with § 155.408.080 (Notice of Public Hearing) and § 155.408.100 (Public Hearings).
      (8)   Findings for approval. To approve a master sign permit, the Design Review Committee must make all of the following findings:
         (a)   Allowed signs are consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council;
         (b)   The master sign program features a unified and coordinated approach to the materials, size, type, placement, and general design of signs proposed for a project or property;
         (c)   If deviations from sign standards in § 155.340.070 (Sign Standards) are proposed, the deviations are necessary to accommodate the unique signage needs of the site;
         (d)   Allowed signs comply with all applicable standards in this section, unless specific deviations are allowed by the master sign program;
         (e)   The allowed signs will not adversely impact the public health, safety, or general welfare;
         (f)   The allowed sign sizes are proportionate and appropriate to the building and site where they are located; and
         (g)   The number, placement, design, and material of the allowed signs are compatible with the architectural design of buildings on the site.
      (9)   Limitations. As a part of the discretionary approval of a master sign permit, the Design Review Committee may require modifications to the proposed master sign program including limits on allowed sign types, height, area, dimensions, placement, materials, and other sign design features, in addition to the limitations set by the objective standards of the Zoning Code.
      (10)   Effect of master sign program.
         (a)   All tenants and land uses on the site are subject to the requirements of the approved master sign program.
         (b)   All subsequent signs proposed for a site subject to an approved master sign program must comply with the standards and specifications included in the master sign program.
         (c)   Subsequent signs consistent with an approved master sign program are allowed with an administrative sign permit.
         (d)   Signs inconsistent with an approved master sign program require either an amendment to the master sign program or modification of the inconsistent signs.
         (e)   Approval of a master sign program supersede the regulations of this section. Any aspect of the proposed signs not addressed by the master sign program must be in compliance with this section.
   (D)   Creative sign permits.
      (1)   Purpose. A creative sign permit allows for creative signs that deviate from sign standards in this section. Creative sign permits are intended to:
         (a)   Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
         (b)   Allow for creative signs that deviate from the standards in this section while minimizing adverse impacts on neighboring properties and the community at large.
      (2)   When allowed. A creative sign is allowed for any type of sign in any location in Eureka, except for digital signs, which are allowed only in locations specified in Table 340-9 (Digital Signs).
      (3)   Review authority. The Design Review Committee reviews and takes action on creative sign permit applications.
      (4)   Application submittal and review. Creative sign permit applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures). To allow the Design Review Committee to understand the context of proposed creative signs, creative sign permit applications may identify the placement, size, materials, type, and general design of all existing and proposed signs located on the same site, including signs not requiring a creative sign permit. If proposed signs meeting all applicable standards are considered and approved by the Design Review Committee as part of a creative sign permit application, the creative sign permit serves as an equivalent of an administrative sign permit and no separate administrative sign permit is required.
      (5)   Eligible adjustments. A creative sign permit may allow deviation from standards in § 155.340.070 (Sign Standards), excluding standards for digital signs (see Table 340-9) and marquee signs (see § 155.340.070(E)(3)). Deviation from any other requirement in this section is not allowed. One creative sign permit may cover multiple deviations from standards and multiple signs on the same site.
      (6)   Design features requiring a creative sign permit. The following sign design features are allowed only with a creative sign permit:
         (a)   Signs which change color at a frequency of more than one color change per 15 seconds, except for digital signs consistent with Table 340-9 (Digital Signs);
         (b)   Chase lighting; and
         (c)   Neon signs that change color or are animated. Neon signs that do not change color or utilize animation are allowed without a creative sign permit.
      (7)   Digitally-printed signs. A digitally-printed sign may constitute no more than 40% of the total sign area of a sign approved with a creative sign permit.
      (8)   Public notice and hearing. The Design Review Committee will review and act on a creative sign permit application at a noticed public hearing in compliance with § 155.408.080 (Notice of Public Hearing) and § 155.408.100 (Public Hearings).
      (9)   Approval criteria. To approve a creative sign permit, the Design Review Committee must find that the sign meets all of the general design criteria and incorporates three or more of the sign features, materials, and contextual criteria, as provided below.
         (a)   General design. The sign meets all of the following general design criteria:
            1.   The sign constitutes a substantial aesthetic improvement to the site and has a positive visual impact on the surrounding area;
            2.   The sign is of unique design, and exhibits a high degree of thoughtfulness, imagination, inventiveness, and spirit;
            3.   The sign is of a higher creative, artistic, and/or sculptural nature than the average sign typically found in Eureka; and
            4.   The sign provides strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
         (b)   Sign features, materials, and contextual criteria. The sign incorporates three or more of the following:
            1.   Materials of a higher quality than typically used for signs in Eureka (e.g., stone, sculptural steel, sandblasted wood, gold leaf, hand-painted content with an artistic mural-like component);
            2.   Projecting, recessed, or cut-out text (e.g., push-through illuminated acrylic letters, routed letters, routed metal);
            3.   Creative and unique use of clearly-visible high-quality landscaping with an area greater than the minimum required for the sign or site, whichever is more;
            4.   Creative and unique use of lighting (e.g., chase, neon lighting, LED faux neon, a well-coordinated combination of at least three different types of site-appropriate illumination);
            5.   Clearly visible three-dimensionality where a notable proportion of the structure or form of the sign includes multiple deviations from a parallel plane (e.g., a sphere, a half-sphere, sculptural elements, a fully three-dimensional beer mug);
            6.   Sign design successfully emulates the architecture of the building (e.g., a sign with roof-like covering that matches the general design of the roof of the building it serves);
            7.   Highly irregular multi-dimensional sign shape (e.g., a sign that has at least five or more straight sides, a sign that has a few straight sides and multiple variable rounded sides, a sign with an unusually disproportionate height-to-width ratio);
            8.   At least 50% of the sign area includes custom artistic illustrations;
            9.   Sign shape includes inventive representation of the use, name, or logo of the structure or business (e.g., a fish-shaped sign for a fishing store);
            10.   Neon and/or LED faux neon signs that emulate movement but do not include chase lighting;
            11.   Mechanically-animated element(s); and
            12.   Symbols or imagery relating to timber, commercial fishing, coastal land uses, arts/culture, other factors inherent to Eureka's identity, or to Eureka's current or historic character.
      (10)   Limitations. As a part of the discretionary approval of a creative sign permit, the Design Review Committee may require modifications to the proposed signage including limits on allowed sign types, area, dimensions, placement, materials, and other sign design features, in addition to the limitations set by the objective standards of the Zoning Code.
   (E)   Encroachment permit. Any sign which projects into the public right-of-way requires approval of an encroachment permit.
   (F)   City-installed or required signs. Signs installed or required by the city do not require a permit.
(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)

§ 155.340.070 SIGN STANDARDS.

   (A)   Sign type standards.
      (1)   All signs must comply with the sign type standards in Tables 340-1 through 340-9 unless deviations are allowed through a master sign permit (§ 155.340.060(C)) or creative sign permit (§ 155.340.060(D)).
      (2)   Maximum sign standards in Tables 340-1 through 340-9 apply to individual signs, not all signs combined on a property, unless otherwise noted in the tables.
      (3)   If a proposed sign type is not specifically listed in Tables 340-1 through 340-9, the sign will be regulated in the same manner as the most similar listed sign type as determined by the Director.
 
Table 340-1: Wall Signs
Definition: a wall sign is a sign attached to, or painted on, the exterior wall of a structure, with the display surface of the sign approximately parallel to the building wall. Wall signs include signs attached to, but not extending above, a fascia, parapet or mansard roof.
Where allowed: all zoning districts.
Materials:
Unless painted on a wall, wall signs must be constructed of durable, rigid material such as wood, plastic or metal.
Permanent walls signs constructed of flexible, non-rigid material (e.g., cloth, flexible vinyl) are not permitted.
Wall signs may be painted directly on a building wall.
Figure 340-8: Wall Signs
Illumination:
In non-residential zoning districts: both external and internal illumination is allowed.
In residential zoning districts and multi-family residential uses: only external illumination is allowed.
Digital signs: Digital signs are not allowed as a wall sign.
 
 
Standards [1]
Zoning District
DT, DW, HC, WA, NC, OR, HM, H
SC, LI, HI
Non-Residenti al Uses in All Residential Zones and Multi-Family Residential Uses
Max. number
2 per tenant frontage
1 per building frontage
Max. area [2]
1.0 sq. ft. per linear foot of tenant frontage to a maximum of 32 sq. ft. per tenant frontage
1.0 sq. ft. per linear foot of tenant frontage (no maximum)
24 sq. ft.
Max. height
Roof line or parapet of building to which sign is attached.
Max. projection from building wall
12 inches
NOTES TO TABLE:
[1] Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
[2] Maximum area applies to all wall signs combined on a tenant frontage.
 
 
Table 340-2: Window Signs, Non-Illuminated
Definition: a sign posted, painted, placed or affixed in or on a window exposed to public view (including windows on upper floors). Any sign attached to a window, within two feet of a window, or attached to a display located within two feet of a window is considered a window sign.
Where allowed: all zoning districts.
Window transparency: for each individual window, a minimum of 50% of the total window area must be transparent and free of signage features. Window area is measured from interior of trim to interior of trim, including mullions, muntins and other separations of panes of glass.
Figure 340-9: Window Signs, Non-Illuminated
 
 
Standard [1]
Zoning District
DT, DW, HC, WA, NC, OR, HM, H
SC, LI, HI
Non-Residential Uses in All Residential Zones
Max. number
No max.
Max. area [2]
25% of total tenant frontage window area
50% of total tenant frontage window area
25% of the total window area of each individual window
Max. height
No max.
NOTES TO TABLE:
[1] Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
[2] Maximum area applies to all window signs combined on a tenant frontage.
 
 
Table 340-3: Window Signs, Internally Illuminated
Definition: a sign placed in a window with individually illuminated letters, numbers or graphics not exceeding 12 square feet. Includes illuminated “open” signs and signs illuminated with LEDs, neon or other fluorescing gas.
Where allowed: allowed in all non-residential zoning districts, except for the Office Residential (OR) Zoning District.
Figure 340-10: Window Signs, Internally Illuminated
Additional requirements: animated window signs require a creative sign permit.
Digital signs: digital signs are not allowed as a window sign.
Window transparency: for each individual window, a minimum of 50% of the total window area must be transparent and free of signage features. Window area is measured from interior of trim to interior of trim, including mullions, muntins, and other separations of panes of glass.
 
 
Standard [1]
Zoning District
DT, DW, HC, WA, NC, HM, HN
SC, LI, HI
Max. number
2 per tenant frontage
Max. area [2]
25% of total tenant frontage window area
50% of total tenant frontage window area
Max. height
No max.
NOTES TO TABLE:
[1] Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
[2] Maximum area applies to all window signs combined on a tenant frontage.
 
 
Table 340-4: Projecting and Suspended Signs
Definition: a sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall. Includes blade signs suspended under a bracket, armature or other mounting device.
Where allowed:
   Allowed in all non-residential zoning districts.
   Prohibited in all residential zoning districts.
Figure 340-11: Projecting and Suspended Signs
Vertical and horizontal clearance: see § 155.340.080(I) (Vertical and Horizontal Clearance),
Digital signs: Digital signs are not allowed as a projecting or suspended sign.
 
 
Standard [1]
Zoning District
DT, DW, HC, WA, NC, OR, HM, HN
SC, LI, HI
Max. number
1 per tenant frontage
Max. area
18 sq. ft. per tenant frontage
24 sq. ft. per tenant frontage
Max. height
Height of building to which it is attached
Maximum projection from building wall
8 ft.
NOTES TO TABLE:
[1] Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
[2] The Building Code may require a projection less than eight feet.
 
Table 340-5: Awning/Canopy Signs
Table 340-5: Awning/Canopy Signs
Definition: an awning sign is incorporated into, attached to or painted on the face or valance of an awning. A canopy sign is attached to a fixed overhead shelter used as a roof.
Figure 340-12: Awning Signs
Figure 340-13: Canopy Signs
Where allowed:
   Allowed in all non-residential zoning districts.
   Prohibited in all residential zoning districts except for multi-family residential uses.
Placement: awnings and canopies with signs may only be mounted on the wall area below the second floor.
Vertical and horizontal clearance: see § 155.340.080(I) (Vertical and Horizontal Clearance).
Materials: awnings must be constructed of durable, long-lasting fabric. Plastic or vinyl material is not permitted.
Awnings/canopies without sign copy: awnings and canopies without lettering or sign copy are not regulated as signs.
Digital signs: Digital signs are not allowed as an awning or canopy sign.
 
Standard
Zoning District
DT, DW, HC, WA, NC, OR, HM, HN
SC, LI, HI
Multi-family
residential uses
Standard
Zoning District
DT, DW, HC, WA, NC, OR, HM, HN
SC, LI, HI
Multi-family
residential uses
Max. number
No max.
1 per frontage
Max. area
25 sq. ft. or area of awning or canopy fascia, whichever is less
35 sq. ft. or area of awning or canopy fascia, whichever is less
25 sq. ft. or area of awning or canopy fascia, whichever is less
Max. height (awning signs)
Height of awning area
Max. height (canopy signs)
Height of canopy fascia; 3 ft. for signs atop canopy
Height of canopy fascia; 4 ft. for signs atop canopy
Height of canopy fascia;
3 ft. for signs atop canopy
Max. width
The building wall to which it is attached or the tenant space it identifies
Maximum projection from building wall
No max.
NOTES TO TABLE:
Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
 
 
Table 340-6: Roof Signs
Definition: a sign erected above a roof and/or the parapet of a building. Signs attached to the side of a mansard roof are not considered roof signs. The definition of roof signs does not include signs attached to a building wall or other horizontal building element.
Where allowed:
Allowed in all non-residential zoning districts except for Office Residential (OR) and Hospital Medical (HM).
Prohibited in Office Residential (OR), Hospital Medical (HM) and all residential zoning districts.
Figure 340-14: Roof Signs
Design: roof signs must consist of individually-formed letters and associated graphics without a solid background. A box sign is not allowed as a roof sign.
Illumination: internal or external illumination allowed. Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark or logo.
Digital signs: digital signs are not allowed as a roof sign.
 
 
Standards
Zoning District
DT, DW, HC, WA, NC, HN
SC, LI, HI
Max. number
1 roof sign per building
Max. area
1.0 sq. ft. per linear foot of total building frontage to a maximum of 50 sq. ft.
1.0 sq. ft. per linear foot of total tenant frontage to a maximum of 100 sq. ft.
Max. height
10 ft. above top of building
16 ft. above top of building
NOTES TO TABLE:
Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
 
Table 340-7: Monument Signs
Definition: a monument sign is a sign detached from a building and supported on the ground by one or more structural elements that are one-quarter or more of the width of the sign face. Internal supports, poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view. Includes signs where supporting structural elements are architecturally dissimilar to the design of the sign. Excludes “pole signs.”
Where allowed: allowed in all mixed-use and industrial zoning districts and multi-family residential uses.
Figure 340-15 Monument Signs
Monument and pole signs: a monument sign is not allowed on a site that also contains a pole sign.
Ground support and placement: see § 155.340.080(J) (Detached Sign Ground Support and Placement).
Digital signs: Digital signs are not allowed as a monument sign.
 
 
Standard
Zoning District
DT, DW, HC, WA, NC, OR, HM, HN
SC, LI, HI
Multi-Family
Residential Uses
Max. number
1 per site
Max. area
1.0 sq. ft. per linear foot of tenant frontage to a maximum of 32 sq. ft. per tenant; maximum of 64 sq. ft. for multi-tenant signs
1.0 sq. ft. per linear foot of tenant frontage to a maximum of 50 sq. ft. per tenant; maximum of 150 sq. ft. for multi-tenant signs for 3 or more tenants
1.0 sq. ft. per linear foot of street-facing building frontage to a maximum of 32 sq. ft.
Max. height
8 ft.
12 ft.
8 ft.
Max. width
No max.
NOTES TO TABLE:
Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
 
 
Table 340-8: Pole Signs
Definition: a sign detached from a building and supported on the ground by one or more structural elements that are less than one-quarter the width of the sign face.
Where allowed:
New pole signs are allowed in the SC, LI and GI Zoning Districts.
New pole signs are prohibited in all other zoning districts. Pole signs existing as of June 20, 2019, may remain.
Figure 340-16: Pole Signs
Pole and monument signs: a pole sign is not allowed on a tenant frontage that also contains a monument sign.
Ground support and placement: see § 155.340.080(J) (Detached Sign Ground Support and Placement).
Landscaping: pole signs must be placed in a planter box or other landscaped area, with the area of the landscaping a minimum of 15 square feet or one-half of the surface area of the sign, whichever is greater.
Digital signs: Digital signs are not allowed as a pole sign.
 
 
Standard
SC, LI, HI Zoning Districts
Max. number
1 per site
Max. area
1.0 sq. ft. per linear foot of tenant frontage to a maximum of 50 sq. ft. per tenant; maximum of 150 sq. ft. for multi-tenant signs for 3 or more tenants
Max. height
24 ft.
Horizontal clearance
See § 155.340.080(I) (Vertical and Horizontal Clearance)
Max. width
No max.
NOTES TO TABLE:
Standards apply only to ground-floor tenants and uses. See § 155.340.070(B) (Multi-Story Buildings).
 
 
Table 340-9: Digital Signs
Definition: a sign that displays a visual image using liquid crystal cells or other types of light emitting diodes (LEDs), or their functional equivalent, where the image can be easily changed, typically by remote control or computer programming. Also known as electronic message center (EMC) signs. Excludes fuel price signs, as provided in § 155.340.030(A)(19), and marquee signs, as provided in § 155.340.070(E).
Where allowed: prohibited in all zoning districts.
Figure 340-14: Digital Signs
Existing legal non-conforming digital signs: existing legally-established digital signs must comply with all listed digital sign standards, and must be removed when removal is triggered by § 155.424.050 (Non-conforming Signs).
Off-premises signs prohibited: digital signs may not be used as an off-premises sign, or for any form of off-site advertising.
 
Message display:
Digital signs may contain static messages only. Signs may not display text which flashes, pulsates, moves or scrolls. Each complete message must fit on one screen.
Digital signs may not change message more than once every 15 seconds.
The content of a digital sign must transition by changing instantly (e.g., no fade-out or fade-in).
Ticker signs are prohibited.
Brightness:
During daylight hours between sunrise and sunset, luminance is limited to 10,000 nits.
At all other times, luminance is limited to 160 nits.
Digital signs may produce no more than 0.3 foot-candle of light when measured from the distance using the following formula:
 
Measurement Distance= (Area of Sign Sq. Ft. × 100)
Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.
 
   (B)   Multi-story buildings. Standards for signs in Tables 340-1 through 340-9 apply only to ground floor tenants and uses. Signs for tenants and uses located above the ground floor are allowed only with a master sign permit that establishes sign standards for the site. See § 155.340.060(C) (Master Sign Permits).
   (C)   Hospital signs. Hospitals are exempt from all building-attached sign regulations, except for digital sign regulations. Hospitals must comply with detached sign regulations. Non-hospital uses in the HM Zoning District must comply with all sign regulations.
   (D)   Public facilities and parks and recreation zoning districts. In the Public Facilities (PF) and Parks and Recreation (PR) Zoning Districts, the Director will determine the allowed sign types and size based on the signage needs of the associated uses.
   (E)   Marquee signs.
      (1)   A marquee sign is allowed with a creative sign permit and must satisfy all of the requirements of that permit. The Design Review Committee will determine the maximum allowed sign area, height, dimensions and other standards as part of the design review approval process.
      (2)   Marquee signs are limited to theaters, auditoriums, indoor amusement/entertainment facilities and similar facilities. A maximum of one marquee sign is allowed per use.
      (3)   Digital display is allowed only for marquee sign copy that advertises films, performances and other events. Use of digital display to advertise goods and services is not allowed. Digital display may change no more than once a day. Digital display must comply with the brightness limitation in Table 340-9 (Digital Signs).
   (F)   Sandwich board signs.
      (1)   Sandwich board signs on private property are exempt from the requirements of this section. (See § 155.340.030.A.4.)
      (2)   Sandwich board signs within the public right-of-way must comply with the following standards.
         (a)   Signs may only be located in mixed use zones.
         (b)   Signs must be constructed of durable materials and in such a manner as not to present a hazard to pedestrian movement.
         (c)   A sign may not exceed 30 inches in width and 48 inches in height.
         (d)   Signs must be weighted at the base so as to provide a stable and secure sign.
         (e)   Signs must be placed so as to allow for a minimum of 48 inches pedestrian path of travel clearance between obstacles.
         (f)   Signs may not conflict with utilities or parking meters, public parking or traffic sight distance at street or alley intersections, and may not block entrances or exits.
         (g)   Signs are limited to one sign per business, and must be placed on the sidewalk that fronts the business.
         (h)   Digital signs are not allowed as a sandwich board sign. See Table 340-9 (Digital Signs).
         (i)   Signs in the public right-of-way must acquire an encroachment permit.
(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. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.340.080 GENERAL REQUIREMENTS.

   (A)   Message neutrality.
      (1)   It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over non- commercial speech, and is content neutral as to non-commercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
      (2)   Where necessary, the Director will interpret the meaning and applicability of this section in light of this message neutrality policy. Under no circumstances will this message neutrality policy be interpreted to allow off-premises signs. See division (J) below.
   (B)   Message substitution.
      (1)   Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.
      (2)   Message substitutions require a zoning clearance.
      (3)   This message substitution provision does not:
         (a)   Create a right to increase the total amount of signage beyond that otherwise allowed or existing;
         (b)   Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
         (c)   Allow a change in the physical structure of a sign or its mounting device;
         (d)   Allow the establishment of a prohibited sign as identified in § 155.340.040 (Prohibited Signs); or
         (e)   Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
   (C)   Maximum number of sign types. No more than three different types of signs are allowed.
   (D)   Changes to sign face. Changes to a sign face that do not structurally alter or enlarge a legally-established sign do not require an administrative sign permit but do require a zoning clearance.
   (E)   Maintenance.
      (1)   All signs and supporting hardware, including temporary signs, must be maintained in a state of good repair at all times.
      (2)   Any repair to a sign must be of equal or better quality of materials and design as the original sign.
      (3)   A sign that is not properly maintained or is dilapidated will be deemed a public nuisance, and may be abated in compliance with § 155.428 (Enforcement and Penalties) and Municipal Code §§ 10.35 et seq. (Administrative Citations). Examples of dilapidated signs include the following:
         (a)   Signs with rust covering 25% or more of a pole or other support structures;
         (b)   Signs with peeling paint visible on 25% or more of the sign or support structure;
         (c)   Signs and support structures with visible physical damage that significantly alters the sign’s appearance;
         (d)   Signs with malfunctioning or damaged lighting;
         (e)   Illegible sign copy resulting from damage to the sign;
         (f)   Signs and supporting elements that no longer contain a sign face or copy. Includes box signs without a slide-in sign copy panel, projecting sign brackets without an attached sign face and stand-alone poles without an attached sign face; and
         (g)   Other similar conditions as determined by the Director.
   (F)   Building surface repair. When an existing sign is replaced, removed or modified, any newly exposed portions of a building surface on which the sign is or was displayed must be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
   (G)   Materials. Except for interior window signs, all permanent signs must be constructed of wood, metal, plastic, glass or similar durable and weatherproof material.
   (H)   Illumination.
      (1)   Signs in non-residential zoning districts may be internally or externally illuminated, except where specifically prohibited.
      (2)   Signs in residential zoning districts may only be externally illuminated.
      (3)   Light sources must be steady, stationary and static in color, except for neon signs and chase lighting when allowed with a creative sign permit.
      (4)   Lighting may not produce glare that creates a public nuisance or hazard for motorists or pedestrian.
      (5)   The light source for externally illuminated signs must be positioned so that light does not shine directly on adjoining properties.
      (6)   Exposed bulbs, with or without chase lighting, are permitted with a creative sign permit.
      (7)   Design features consisting of neon or other small diameter tubing illuminated by fluorescing gas is allowed as part of any type of sign.
   (I)   Vertical and horizontal clearance.
      (1)   Signs that project over any public walkway or walk area must have an overhead clearance of at least eight feet and require an encroachment permit. See Figure 340-17.
      (2)   Signs must maintain a minimum two-foot horizontal clearance from a driveway or street curb. See Figure 340-15.
Figure 340-17: Vertical and Horizontal Clearance
 
   (J)   Detached sign ground support and placement.
      (1)   Ground support. Detached signs must be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
      (2)   Placement. A detached sign may not occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, traffic portion of the right-of-way, vision clearance areas (if greater than 36 inches tall), or other areas required to remain unobstructed.
   (K)   Off-premises signs.
      (1)   New off-premises signs. New off-premises signs established on or after June 20, 2019, are prohibited.
      (2)   Existing off-premises signs. Legally-established off-premises signs established prior to June 20, 2019, may remain and must comply with all applicable regulations in this section.
   (L)   Non-conforming signs. See § 155.424.050 (Non-Conforming Signs).
   (M)   Violations and enforcement. See § 155.428.090 (Signs) for the procedure to remove hazardous and illegal signs.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.340.090 TEMPORARY SIGNS.

   Temporary signs are allowed in all zoning districts subject to this section.
   (A)   “Temporary sign” defined. A TEMPORARY SIGN means a sign intended to be displayed for a limited period of time. The following types of signs are always considered temporary and allowed only as a temporary sign:
      (1)   Banner signs;
      (2)   Feather banners;
      (3)   Yard signs;
      (4)   Inflatable balloon signs; and
      (5)   Post signs on a residential property (e.g., for-sale signs).
   (B)   Allowed by-right. Temporary signs that comply with this section are allowed by-right without a zoning clearance or other form of Department approval.
   (C)   Prohibited signs. Temporary signs must comply with § 155.340.040 (Prohibited Signs).
   (D)   Maximum area. Temporary signs may not exceed the maximum sign area shown in Table 340-10.
 
Table 340-10: Maximum Temporary Sign Area
Zoning District
Maximum Area
DT, DW, HC, NC, OR
25 sq. ft. per tenant, business or land use
SC, HM, HN, LI, GI
   Tenants with less than 50 ft. of tenant frontage
25 sq. ft. per tenant, business or land use
   Tenants with 50 ft. or more of tenant frontage
0.5 sq. ft. per linear foot of building frontage to a maximum of 100 sq. ft.
All other zoning districts
25 sq. ft. per site
 
   (E)   Illumination. Illumination of temporary signs is prohibited.
   (F)   Duration.
      (1)   Temporary signs may be displayed for the maximum duration shown in Table 340-11.
      (2)   A sign displayed longer than allowed by Table 340-11 is considered a permanent sign subject to all applicable requirements in this section.
 
Table 340-11: Temporary Sign Duration
Type of Temporary Sign
Maximum Duration
Yard signs
90 days
Post signs
180 days
All other temporary signs
30 days per occurrence not to exceed a total of 60 calendar days per year
 
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21)

§ 155.344.010 PURPOSE.

   The purpose of this section is to allow for density bonuses and additional incentives, consistent with Cal. Gov’t Code §§ 65915 et seq. and the General Plan Housing Element, and to promote the production of affordable, specialized, and senior housing. The density bonus ordinance codified in this chapter is intended to comply with State Density Bonus Law, Cal. Gov’t Code §§ 65915 et seq.
(Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

§ 155.344.020 DEFINITIONS.

   The definitions found in State Density Bonus Law apply to the terms contained in this subsection.
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.030 APPLICABILITY.

   (A)   A housing development as defined in State Density Bonus Law is eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior or moderate-income housing units or units intended to serve transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law.
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.040 APPLICATION REQUIREMENTS.

   (A)   All applications. All applications for a density bonus, developer incentive, waiver or modification of development standards must include the following reasonable documentation:
      (1)   Density bonus.
         (a)   A summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, the proposed affordable units by income level, the proposed bonus percentage, the number of density bonus units proposed, the total number of dwelling units proposed on the site, and the resulting density in units per acre.
         (b)   A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
         (c)   The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
         (d)   A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented during the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
         (e)   A description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower-income households in the five-year period preceding the date of submittal of the application.
      (2)   Concession or incentive. For each concession or incentive requested:
         (a)   The existing development standard and the requested development standard or regulatory incentive.
         (b)   Except where mixed-use zoning is proposed as a concession or incentive, documentation to show any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
         (c)   If approval of mixed-use zoning is proposed, documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.
      (3)   Waiver. For each waiver requested:
         (a)   The existing development standard and the requested development standard.
         (b)   Documentation that the development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.
      (4)   Parking reduction. A table showing parking required by the zoning regulations, parking proposed under Cal. Gov’t Code § 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.
      (5)   Child care facility. Documentation that all requirements included in Cal. Gov’t Code § 65915(h) can be met.
      (6)   Condominium conversion. Documentation that all requirements included in Cal. Gov’t Code § 65915.5 can be met.
      (7)   Commercial development bonus. Documentation that all requirements included in Cal. Gov’t Code § 65915.7 can be met.
      (8)   Land donation. Documentation of the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Cal. Gov’t Code § 65915(g) can be met.
   (B)   Timeline for application processing. Applications made pursuant to this section will be processed pursuant to Cal. Gov’t Code §§ 65950 et seq.
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.050 BONUS AND INCENTIVE CALCULATION.

   (A)   All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as the resulting number of affordable units needed for a given density bonus project.
   (B)   Projects qualifying for a density bonus under one or more income categories, or one or more types of housing (i.e., senior housing or housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students), must identify the categories under which the density bonus would be applied. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.
   (C)   Density bonus units are not included in determining the number of affordable units required to qualify a project for a density bonus.
   (D)   The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Cal. Gov’t Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no project will be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
   (E)   The number of incentives an applicant may request is provided by State Density Bonus Law.
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.060 REVIEW AUTHORITY.

   (A)   Density bonus applications for housing developments requiring discretionary review will be reviewed and acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a use permit and applying for a density bonus will have both applications decided by the Planning Commission).
   (B)   The Director reviews and takes action on density bonus applications for housing developments requiring only ministerial review (e.g., a density bonus application for a housing development requiring only a building permit will be decided by the Director).
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.070 FINDINGS FOR APPROVAL.

   (A)   To approve a density bonus application, the review authority must make the following written findings, based upon substantial evidence, as applicable:
      (1)   Density bonus.
         (a)   The proposed development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low- and very low-income households as required by Cal. Gov’t Code § 65915(c)(3).
         (b)   The proposed density bonus will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for affordable rents, as defined in Cal. Health and Safety Code § 50053; or
         (c)   The proposed density bonus will not be contrary to state or federal law; and
         (d)   The proposed density bonus will not have a specific adverse impact on public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development was deemed complete.
      (2)   Incentive. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents, except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Cal. Gov’t Code § 65915(k)(2).
      (3)   Waiver. The development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.
      (4)   Parking reduction. The housing development is eligible for any requested parking reductions under Cal. Gov’t Code § 65915(p).
      (5)   Donation of land. If the density bonus is based entirely, or in part, on the donation of land, all of the requirements included in Cal. Gov’t Code § 65915(g) have been met.
      (6)   Child care facility. If the density bonus or incentive is based on the inclusion of a child care facility, all of the requirements included in Cal. Gov’t Code § 65915(h) have been met.
      (7)   Condominium conversion. If the density bonus or incentive is based on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Cal. Gov’t Code § 65915.5 have been met.
      (8)   Commercial Development.
         (a)   The city has approved the partnered housing agreement; and
         (b)   The commercial development bonus has been mutually agreed upon by the city and the commercial developer; and
         (c)   All of the requirements included in Cal. Gov’t Code § 65915.7 have been met.
(Ord. 902-C.S., passed 8-18-20)

§ 155.344.080 INTERPRETATION.

   If any portion of § 155.344 conflicts with State Density Bonus Law (Cal. Gov’t Code §§ 65915 et seq.) or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.
(Ord. 951-C.S., passed 10-17-23)