Eureka City Zoning Code

ADMINISTRATIVE RESPONSIBILITIES

§ 155.404.010 PURPOSE.

This § 155.404 describes city roles and responsibilities when administering the Zoning Code.

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

§ 155.404.020 REVIEW AND DECISION-MAKING AUTHORITY.

(A) Summary table. Table 404-1 summarizes city review and decision-making authority when processing permit applications and other requested approvals.

(B) Meaning of notations. Authority roles shown in Table 404-1 mean the following.

(1) “Recommend” means the authority reviews and makes a recommendation to a higher decision-making body.

(2) “Decision” means the authority may approve, conditionally approve or deny an application.

(3) “Appeal” means the authority hears an appeal of a decision by a lower review authority.

(4) “-” means the authority has no role in the action.

(C) Multiple permit applications. For projects that include multiple permits, see § 155.408.050 (Multiple Permit Applications).

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

§ 155.404.030 DEVELOPMENT SERVICES DEPARTMENT.

Responsibilities and powers. The Department:

(A) Processes permit applications as provided in § 155.408 (Permit Procedures);

(B) Assumes responsibilities delegated by the Director; and

Table 404-1: Review and Decision-Making Authority
Type of Action	Zoning Code Section	Role of Authority
Type of Action	Zoning Code Section	Director/ Department	Design Review Committee	Planning Commission	City Council
Legislative Actions
Zoning Code and General Plan amendment	155.432	Recommend	-	Recommend	Decision
Use Permits
Conditional use permit [3]	155.412.120	Recommend	-	Decision	Appeal
Minor use permit [3]	155.412.120	Decision [1]	-	Decision [5]	Appeal
Flexibility and Relief
Administrative adjustment	155.412.030	Decision [1]	-	Appeal	Appeal
Infill incentive permit, major [3]	155.412.060	Recommend	-	Decision	Appeal
Infill incentive permit, minor [3]	155.412.060	Decision [1]	-	Decision [5]	Appeal
Minor modification	155.412.070	Decision [1]	-	Appeal	Appeal
Reasonable accommoda tion	155.412.080	Decision [1]	-	Appeal	Appeal
Variance, major [3]	155.412.140	Recommend	-	Decision	Appeal
Variance, minor [3]	155.412.140	Decision [1]	-	Decision [5]	Appeal
Sign Permits
Administrative sign permits	155.340.060(B)	Decision [2]	Appeal	Appeal	Appeal
Creative sign permits [3]	155.340.060(D)	Recommend	Decision	Appeal	Appeal
Master sign permits [3]	155.340.060(C)	Recommend	Decision	Appeal	Appeal
Gulch Greenway Permits
Conditional Gulch Greenway permit [3]	155.224.050	Recommend	-	Decision	Appeal
Minor Gulch Greenway permit [3]	155.224.050	Decision [1]	-	Decision [5]	Appeal
Other Permits and Approval
Density bonus (ministerial)	155.344	Decision [2]		Appeal	Appeal
Density bonus (discretionary) [3]	155.344	Decision [1]		Appeal	Appeal
Design review [3]	155.412.040	Recommend	Decision [4]	Appeal	Appeal
Home occupation approval	155.304.070	Decision [2]	-	Appeal	Appeal
Tiny house on wheels permit	155.304.130	Decision [2]		Appeal	Appeal
Tree permit	155.304.140	Recommend	-	Decision	Appeal
Zoning clearance	155.412.150	Decision [2]	-	Appeal	Appeal
NOTES: [1] The Director may choose to refer the project to the Planning Commission for review and decision. [2] The Director may delegate review authority to Department staff on ministerial permits and approvals. [3] Applications requiring other discretionary review will be acted upon by the highest review authority, with appeal rights to the next highest authority, except that decisions of the City Council are final. [4] The Historic Preservation Commission conducts design review for projects that alter a designated historic resource as provided in Municipal Code Chapter 157. If a project subject to design review also requires a permit from the Planning Commission, the Planning Commission conducts design review. If the project both alters a designated historic resource as provided in Municipal Code Chapter 157 and requires a permit from the Planning Commission, the Historic Preservation Commission conducts any design review for the project. [5] The Planning Commission acts on the permit only after receiving a written request for a public hearing during the 15-day hearing request period, in accordance with § 155.408.090 (Notice of Pending Action). If no request for a public hearing is received by the end of the 15-day period, the Director acts on the application, and the action is final.

(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)

§ 155.404.040 DEVELOPMENT SERVICES DIRECTOR.

(A) Responsibilities and powers. The Director:

(1) Serves as the review and decision-making authority as shown in Table 404-1;

(2) Makes official interpretations of the Zoning Code in accordance with § 155.108.030 (Official Interpretations);

(3) Enforces the Zoning Code in accordance with § 155.428 (Enforcement and Penalties);

(4) Assumes responsibilities described in Municipal Code § 32.041 (Director of Development Services);

(5) Performs other duties as necessary to administer the Zoning Code and as assigned by the City Council; and

(6) Serves as the Secretary to the Design Review Committee, Historic Preservation Commission and Planning Commission.

(B) Duties as Secretary to DRC, HPC and PC. As Secretary to the Design Review Committee (DRC), Historic Preservation Commission (HPC) and Planning Commission (PC), the Director:

(1) Prepares staff reports on permit applications and other requested approvals;

(2) Presents applications at public hearings;

(3) Maintains a record of DRC, HPC and PC proceedings and decisions;

(4) Advises the DRC, HPC and PC on the meaning and applicability of the Zoning Code; and

(5) Provides support and technical assistance to the DRC, HPC and PC as needed.

(C) Delegation to staff. The Director may designate one or more Department staff to perform the duties described in division (A) (Responsibilities and Powers) above and (B) (Duties as Secretary to DRC, HPC, and PC).

(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)

§ 155.404.050 PLANNING COMMISSION.

(A) Established. The city must maintain a Planning Commission to review and act on proposed development projects and to assist in the development and application of land use policy and regulations in Eureka.

(B) Composition.

(1) Number of members. The Planning Commission consists of five members.

(2) Member experience. Persons appointed to the Planning Commission must have an interest and/or experience in city planning, land development, land use law, architecture, urban design, natural resource protection, real estate, transportation planning, economic development or other relevant planning-related fields.

(3) Appointment; vacancy. Planning Commission members must be appointed and vacancies on the Commission filled in accordance with Municipal Code §§ 33.001 et seq. (Boards and Commissions Created by Council).

(1) Serves as the review and decision-making authority on applications as shown in Table 404-1;

(2) Hears appeals on decisions in accordance with § 155.416 (Appeals and Reviews);

(3) Makes recommendations to the City Council on Zoning Code amendments and other legislative matters;

(4) Makes recommendations to the City Council on General Plan amendments and specific plans and other special-purpose land use plans; and

(5) Assumes responsibilities described in Municipal Code § 152.01 (Planning Commission).

(D) Meetings and procedures. The Planning Commission operates according to Municipal Code Ch. 33 (Other Departments, Boards and Commissions), Ch. 152 (Planning and Zoning Administration) and any official rules of procedure or bylaws adopted by the Planning Commission.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.404.060 DESIGN REVIEW COMMITTEE.

(A) Established. The Design Review Committee (DRC) is established to review and approve the design of proposed development projects.

(B) Composition.

(1) Number of members. The DRC consists of five members.

(2) Member experience. Persons appointed to the DRC must have professional experience in the fields of architecture, land development, city planning, real estate, landscape architecture or other relevant design-related profession.

(3) Appointment. DRC members must be appointed and vacancies filled according to Municipal Code §§ 33.001 et seq. (Boards and Commissions Created by Council).

(4) Architect. If the DRC membership does not include an architect, the DRC may, by unanimous agreement, invite an architect, who may or may not be a resident of the city, to serve in an advisory capacity.

(1) The DRC serves as the review and decision-making authority as shown in Table 404-1.

(2) The DRC may assume other responsibilities as requested by the Director, Planning Commission or City Council.

(D) Meetings and procedures. The DRC operates according to Municipal Code Ch. 33 (Other Departments, Boards and Commissions) and any official rules of procedures or bylaws adopted by the DRC.

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

§ 155.404.070 HISTORIC PRESERVATION COMMISSION.

The purpose and function of the Historic Preservation Commission (HPC) is stated in Municipal Code Ch. 157 (Historic Preservation). In the administration of the Zoning Code, the HPC conducts design review for projects that alter a designated historic resource as provided in Municipal Code Ch. 157.

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

§ 155.404.080 CITY COUNCIL.

The City Council:

(A) Takes action on proposed Zoning Code and General Plan amendments;

(B) Hears appeals on decisions in accordance with § 155.416 (Appeals and Reviews); and

(C) Assumes other responsibilities and takes action on other matters related to the Zoning Code according to the Municipal Code and state and federal laws.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.408.010 PURPOSE AND APPLICABILITY.

This section establishes procedures for the preparation, filing and processing of permit applications required by the Zoning Code. Procedures and requirements that apply after an application is approved are found in § 155.420 (Post-Approval Provisions).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.408.020 APPLICATION PREPARATION AND FILING.

(A) Pre-application conference.

(1) Applicants are encouraged to request a pre-application conference with the Department before completing and filing a permit application.

(2) The purpose of this conference is to:

(a) Review the applicant’s project concepts, preliminary project descriptions and/or rough site plans;

(b) Inform the applicant of Zoning Code and Department requirements that apply to the proposed project;

(c) Inform the applicant of requirements from other departments (such as Building, Public Works, Police and Fire) and other governmental agencies (such as the Coastal Commission) that may apply to the proposed project;

(d) Inform the applicant of the city’s review processes;

(e) Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project;

(f) Provide guidance to the applicant of possible project alternatives or modifications; and

(g) Assign Department staff to serve as the project liaison with whom the applicant should communicate as the application is processed.

(3) The pre-application conference and any information provided by city staff must not be construed as a recommendation for approval or denial of an application.

(4) Failure by city staff to identify all permit requirements does not constitute a waiver of those requirements.

(B) Application contents.

(1) Applications must be made in writing on a form provided by the Department.

(2) Applications must be filed along with all fees, information and materials required by the Department.

(1) An application may be filed only by:

(a) The property owner;

(b) A property tenant;

(d) A person under contract or with an exclusive option to purchase the property; or

(e) Any other person who can demonstrate a legal right, interest or other entitlement to use the property for the proposed project.

(2) The application must be either:

(a) Signed by the property owner; or

(b) Accompanied by a written letter signed by the property owner consenting to the application.

(D) Application acceptance.

(1) The Department may accept an application for processing only if the submittal contains all fees, information and materials required by the Department.

(2) Accepting an application for processing does not indicate Department support for the proposed project or that the application is complete pursuant to § 155.408.040 (Application Review).

(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)

§ 155.408.030 APPLICATION FEES.

(A) Fee schedule. Fees required to process permit applications are identified in the Development Services Department fee schedule adopted by the City Council.

(B) Payment required.

(1) The Department may accept and begin processing an application only after all required fees are paid.

(2) Failure to pay any required fees may be a basis for denial or revocation of a permit.

(1) If an application is withdrawn in writing by the applicant, the Director may authorize a partial refund based upon the pro-rated costs to the date of withdrawal and the status of the application at the time of withdrawal.

(2) The Department will not refund fees for denied applications, unless directed to do so by City Council.

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

§ 155.408.040 APPLICATION REVIEW.

(A) Initial review. The Department must review each application for completeness and accuracy before it is accepted as complete and officially filed.

(B) Basis for determination. The Department’s completeness determination is based on the Department’s list of required application content and any additional written instructions provided to the applicant at a pre-application conference, and/or during the application review period.

(C) Applicant notification. Within 30 days of application filing, the Department must inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and additional information is required.

(D) Appeal of determination. When the Department determines that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Department is not required, the applicant may appeal the Department’s determination in compliance with § 155.416 (Appeals and Reviews).

(E) Submittal of additional information.

(1) When the Department determines that an application is incomplete, the applicant must submit additional required information in writing.

(2) Resubmitted information is subject to a new 30-day period of review for completeness.

(3) Requested information must be submitted within the timeframe identified in § 155.408.070(A) (Response Required).

(F) Environmental information. After determining that an application is complete pursuant to § 155.408.040(C) (Applicant Notification), the Department may require the applicant to submit additional information for the environmental review of the project, in compliance with the California Environmental Quality Act (CEQA).

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

§ 155.408.050 MULTIPLE PERMIT APPLICATIONS.

(A) Concurrent filing. If a project requires more than one permit or approval (e.g., a Zoning Map amendment and a conditional use permit), the applicant must apply for all permits and approvals concurrently, unless the concurrent filing requirement is waived by the Director. The Department may accept a single application form for all required permits and approvals.

(B) Concurrent processing and review.

(1) The Department must process multiple applications for the same project concurrently.

(2) Projects requiring multiple permit applications must 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 zoning map amendment and a conditional use permit will have both applications decided by the City Council, instead of the Planning Commission acting on the conditional use permit). This does not apply to any ministerial permits or approvals acted on by the Director or Department staff without notice or public hearing, unless otherwise stated in the provisions of the Zoning Code.

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

§ 155.408.060 ENVIRONMENTAL REVIEW.

(A) CEQA review.

(1) After accepting a complete application, the Department must review the project in compliance with the California Environmental Quality Act (CEQA) and any adopted City CEQA guidelines.

(2) The Department will determine the required level of environmental review (e.g., exemption, negative declaration) within 30 days of finding the application complete.

(B) Special studies required. The Department may require the applicant to prepare special studies and/or submit additional information to supplement the Department’s CEQA compliance review.

(C) Action on CEQA document. The review authority that approves an application must take final action on the CEQA document prepared for the proposed project. Final action on the CEQA document must occur prior to or concurrent with action on required permits. Pursuant to CEQA Guidelines § 15270(b), the city is not required to take final action on a CEQA documents for a denied application.

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

§ 155.408.070 APPLICATIONS DEEMED WITHDRAWN.

(A) Response required.

(1) When an applicant has been informed by letter that an application is incomplete in accordance with § 155.408.040 (Application Review), the applicant must pay required supplemental fees and/or provide requested information within 120 days following the date of the letter, or within a different timeframe as determined by the Department and communicated to the applicant in writing.

(2) If an applicant does not respond within the required response timeframe, the application expires and is deemed withdrawn without any further action by the Department.

(B) Resubmittal. After an application expires, future Departmental consideration of the project requires an applicant to submit a new complete application and associated fees.

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

§ 155.408.080 NOTICE OF PUBLIC HEARING.

(A) General. When the Zoning Code or a Major Subdivision requires a noticed public hearing, the Department must provide notice of the hearing in conformance with Cal. Gov’t Code §§ 65090 et seq. and as described in this section.

(B) Content of notice. Notice of public hearing must include all of the following information, as applicable:

(1) Hearing information. The date, time and place of the hearing; the name of the hearing body; and the phone number, email address and Department location where an interested person can obtain additional information;

(2) Project information. The applicant's name, the application file number, a general description of the project, and the location of the subject property;

(3) Statement on environmental document. The required level of environmental review for the proposed project (e.g., exemption, negative declaration); a statement that the hearing body will consider approval of the project CEQA determination or document, if applicable; and

(4) Statement limiting issues on appeal or in court actions. The following statement: “If you challenge any decision made by a review authority through administrative appeal or in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the review authority at, or prior to, the public hearing.”

(C) Method of notice distribution. Notice of a public hearing must be given not more than 30 and not less than ten days before the hearing date using the methods required by Cal. Gov’t Code § 65091 and as follows:

(1) Mailing.

(a) Notice is complete upon mailing and must be mailed or delivered at least ten days before the scheduled hearing to the following recipients:

1. The owners of the subject property or the owner’s authorized agent, and the applicant;

2. The owners of the real property located within a radius of 300 feet from the exterior boundaries of the subject property. The Department may mail or deliver notices to properties within a larger radius of the subject property if deemed necessary by the Director;

3. Each local agency expected to provide roads, schools, sewerage, streets, water, power or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected; and

4. Any person who has filed a written request for notice of the hearing with the Department or City Clerk.

(b) If the number of property owners to whom notice would be mailed in compliance this division (C)(1) is more than 1,000, the Department may provide notice by placing a display advertisement of at least one-eighth page in a local newspaper of general circulation at least ten days prior to the hearing.

(2) Posting. Notice must be posted on the project site and two other public places at least ten days before the hearing, one of which will always be City Hall.

(3) Publication.

(a) Notice of a public hearing for a General Plan, Zoning Code amendment, subdivision and other projects required to do so by state law must be published in a local newspaper of general circulation at least ten days before the hearing.

(b) For any other project requiring a public hearing, the Director may determine that enhanced public notice is necessary and/or desirable and require notice publication in a newspaper of general circulation at least ten days before the hearing.

(4) Drive-thru facilities. For projects involving a new or modified drive-thru facility, the Department shall provide notice to local organizations identified by the Department as serving Eureka’s blind, aged and/or disabled community.

(5) Additional notice. In addition to the types of notice required above, the Department may require or provide additional notice as determined necessary or desirable by the Department.

(D) Failure to receive notice. The validity of the hearing is not affected by the failure of any resident, property owner or community member to receive a mailed or other notice.

(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)

§ 155.408.090 NOTICE OF PENDING ACTION.

When the Zoning Code requires a notice of pending action for applications acted on by the Director, public notice must be given prior to the date of action as follows.

(A) Content of notice. A notice of pending action must include all of the following information, as applicable:

(1) Project information. The applicant's name, the application file number, a general description of the project, the location of the subject property.

(2) Statement on environmental determination. The environmental review for the project (e.g., exemption, negative declaration); a statement that the Director has adopted a CEQA determination or document, if applicable.

(3) Hearing request period. The notice must state that within 15 days of the date the notice is mailed, any person may submit a written request for a public hearing before the Planning Commission on the application, and must indicate the reason or reasons the public hearing is requested.

(B) Method of notice distribution. Notice of pending action must be mailed to the following recipients:

(1) The owners of the subject property, the owner's authorized agent, and/or the applicant.

(2) The owners of the real property located within a radius of 300 feet from the exterior boundaries of the subject property. The Department may mail or deliver notices to properties within a larger radius of the subject property if deemed necessary by the Director.

(3) Any person who has filed a written request for notice of the action with the Department or City Clerk.

(1) If the Department receives a written request for a public hearing before the end of the 15-day period, a date for the public hearing will be determined, and notice will be provided pursuant to § 155.408.080 (Notice of Public Hearing).

(2) If no request for a public hearing is received by the end of the 15-day period, the Director will act on the application, and the action is final.

(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)

§ 155.408.100 PUBLIC HEARINGS.

(A) General. Hearings will be conducted in a manner consistent with any procedures adopted or endorsed by the review authority.

(B) Notice of public hearing. Notice of the public hearing must be provided in accordance with § 155.408.080 (Notice of Public Hearing).

(C) Time and place of hearing. A hearing must be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present or the hearing is continued pursuant to division (E) below.

(D) Public comment. All hearings must be open to the public with opportunity to provide comment and/or testimony in accordance with established procedures.

(E) Continued hearing.

(1) A hearing may be continued without further notice, provided that the review authority chair announces the date, time and place to which the hearing will be continued before the hearing adjournment or recess.

(2) The Director may continue a hearing without further notice when a quorum of the review authority is not present at the public hearing. The Director must announce the date, time and place to which the hearing will be continued.

(F) Decision. After the close of a public hearing, the review authority may:

(1) Approve, approve with conditions or deny the application; or

(2) Make a recommendation to another review authority if the review authority does not make the final decision on the application.

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

§ 155.408.110 CONDITIONS OF APPROVAL.

(A) Discretionary permits.

(1) The review authority may attach conditions to a discretionary approval as needed to:

(a) Achieve consistency with the General Plan, Zoning Code and any applicable specific plan or area plan adopted by the City Council;

(b) Mitigate any project impacts; and

(2) A decision to impose a condition on a discretionary approval may involve the subjective judgment of the review authority to determine how a project may best meet a city policy or regulation.

(B) Ministerial permits.

(1) The Director may attach conditions to a ministerial approval as needed to bring the project into compliance with an objective standard or requirement.

(2) Conditions attached to ministerial permits must also be ministerial and may not involve subjective judgment.

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

§ 155.412.010 PURPOSE.

(A) General. This § 155.412 identifies procedures for specific types of permits and approvals required by the Zoning Code.

(B) Modifications to standards.

(1) The following permits and approvals may be used to allow deviations from Zoning Code standards:

(a) Administrative adjustments;

(b) Infill incentive permits;

(d) Reasonable accommodations.

(2) Variances.

(a) The city may change standards that apply to a property through a Zoning Code text or map amendment as provided in § 155.432 (Zoning Code and General Plan Amendments).

(b) The city may also change standards that apply to a property through a specific plan and/or development agreement as provided in Cal. Gov’t Code §§ 65450 et seq. and 65864 et seq., respectively.

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

§ 155.412.020 REVIEW AUTHORITY; APPEALS.

(A) Projects requiring multiple permits. Projects requiring multiple permit applications must 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 zoning map amendment and a conditional use permit will have both applications decided by the City Council, instead of the Planning Commission acting on the conditional use permit). This does not apply to any ministerial permits or approvals acted on by the Director or Department staff without notice or public hearing, unless otherwise stated in the provisions of the Zoning Code.

(B) Appeals. All decisions on permits and approvals in this section may be appealed in accordance with § 155.416 (Appeals and Reviews).

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

§ 155.412.030 ADMINISTRATIVE ADJUSTMENTS.

(A) Purpose. An administrative adjustment is a discretionary process to determine if a project is eligible for a modified standard.

(B) When allowed. Standards that may be modified with an administrative adjustment are identified in the following subchapters of this Zoning Code: Zoning Districts and Citywide Standards and below.

Table 412-1: Allowed Administrative Adjustments
Section	Adjustment
155.208 Mixed Use Zone Districts
155.208.030 Development Standards	Maximum Front Setbacks
155.208.040 Pedestrian Focused Frontages	Ground Floor Storefront Transparency
155.220 Resource Related Zoning Districts
155.220.030 Development Standards	Height Exceptions for Non-Residential Structures
155.304 Supplemental Use Regulations
155.304.020 Accessory Uses	Maximum Size
155.308 General Standards
155.308.040 Vision Clearance Area	Vision Clearance Area Exception
155.308.050 Outdoor Lighting	Outdoor Lighting Exception
155.312 Design Standards
155.312.040 Building Entries	Entrance Design Exception
155.324 Parking
155.324.040 Reductions and Alternatives to Automobile Parking	Allow Shared Parking
155.324.040 Reductions and Alternatives to Automobile Parking	Off-site Non-adjoining Parking
155.324.040 Reductions and Alternatives to Automobile Parking	Low Parking Demand Reduction
155.324.040 Reductions and Alternatives to Automobile Parking	Low Impact Development Parking Reduction
155.324.060 Parking Design and Development Standards	Alley Access to Parking Waiver
155.324.060 Parking Design and Development Standards	Parking Placement
155.324.070 Bicycle Parking	Bicycle Parking Reductions
155.324.080 Parking Lot Landscaping	Alternative Landscape Design
155.332 Residential Subdivision Alternatives
155.332.020 Small Lot Subdivisions	On-site Parking Waiver

(D) Applications. An applicant must request an administrative adjustment using an official Department form accompanied by all fees, information and materials required by the Department.

(E) Public notice and hearing. None required.

(F) Findings for approval.

(1) To approve an administrative adjustment application, the Director must make all of the following findings:

(a) The adjustment is consistent with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council;

(b) The adjustment will not deprive neighboring property owners of the reasonable economic use and enjoyment of their property; and

(2) The Director must also make any additional findings required for the specific modification as identified where the original standard appears in following subchapters of this Zoning Code: Zoning Districts and Citywide Standards.

(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)

§ 155.412.040 DESIGN REVIEW.

(A) Purpose. Design review is a discretionary process to ensure that the street-facing façades of proposed developments exhibit high quality design, complement neighboring properties, and contribute to Eureka's distinctive identity and unique sense of place.

(B) When required. The following types of projects require design review:

(1) Additions adding 30% or more floor area to the total existing floor area of a building in the residential or mixed-use zoning districts (i.e., zoning districts described in §§ 155.204 and 155.208);

(2) New buildings that are 500 square feet or more in the residential or mixed-use zoning districts (i.e., zoning districts described in §§ 155.204 and 155.208);

(3) Any exterior modification to a street-facing building façade located on a pedestrian-focused frontage (See Figure 208-4 in § 155.208 (Mixed Use Zoning Districts)). "Exterior modification" includes the addition of a new sign, or the change in the size, shape, or location on the façade of an existing sign, but does not include refacing an existing sign when there is no change in the size, shape or location of the sign, and does not include painting a sign directly on the façade of the structure; and

(4) Wireless telecommunication facilities. (See Municipal Code Chapter 159 (Wireless Telecommunications Facilities)).

(1) Housing development projects with four or fewer residential units, including projects with residential units only, and mixed-use developments with at least two-thirds of the square footage designated for residential use;

(2) Transitional, supportive, emergency and farmworker housing;

(3) Modifications and additions to existing structures where the modification or addition is not facing an adjacent public street;

(4) Buildings occupied by the following use categories, as identified in § 155.504 (Land Use Classifications):

(a) Agricultural and natural resource uses;

(b) Civic and recreation uses; and

(5) Projects or project features to serve a person with disabilities under the Americans with Disabilities Act (ADA).

(D) Signs.

(1) The Design Review Committee serves as the review authority for signs that require a master sign permit or creative sign permit. However, these sign permit applications are not subject to the design review process required by this section. To approve a sign permit, the Design Review Committee uses exclusively the review and approval criteria in § 155.340 (Signs). The Design Review Committee does not consider the design review criteria in § 155.412.040(J) (Design Review Criteria) when acting on a sign permit.

(2) The Design Review Committee serves as the review authority for modification of the size, shape, or location of an existing sign, or the addition of a new sign, on the façade facing a pedestrian-focused frontage. Design review is not required for either a new sign or modification of an existing sign when the sign is painted directly on the façade facing a pedestrian-focused frontage; however, a sign permit may be required pursuant to § 155.340 (Signs).

(a) To approve modification of the size, shape, or location on the façade of an existing sign, the Design Review Committee uses exclusively the design review criteria (§ 155.412.040(J)) for surrounding context, architectural style, and visual interest.

(b) For a new sign, the Design Review Committee uses the design review criteria noted in division (a) above, and the review and approval criteria in § 155.340 (Signs) to approve both the façade modification and the sign.

(E) Review authority.

(1) The Design Review Committee conducts design review for all projects except as follows:

(a) If the project also requires review by the Historic Preservation Commission (HPC) as provided in Municipal Code Chapter 157 (Historic Preservation), the HPC conducts design review;

(b) If the project also requires a permit from the Planning Commission, the Planning Commission conducts design review, unless design review is to be conducted by the Historic Preservation Commission in accordance with division (a) above; or

(c) If the project also requires City Council approval, the City Council conducts design review, unless design review is to be conducted by the Historic Preservation Commission in accordance with division (a) above.

(2) When the Planning Commission or City Council conducts design review, the Department may request informal input from individual Design Review Committee members prior to Planning Commission or City Council action on the project. The Design Review Committee does not hold a formal meeting on the proposed project prior to Planning Commission or City Council review.

(F) Application submittal and review. Design review applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).

(G) Consistency. A project must be consistent, as determined by the Director, with the General Plan, any applicable specific plan or area plan, and applicable objective design policies and regulations adopted by the City Council, prior to being scheduled for design review.

(H) Public notice and hearing. The review authority must review and act on a design review application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

(I) Scope of design review.

(1) When acting on a design review application, the review authority must consider only those project features directly related to the design criteria described in § 155.412.040(J) (Design Review Criteria).

(2) The review authority may not consider exterior building colors or other color choices included as part of a proposed project.

(3) When conducting design review, the review authority may not require a modification to a project feature that complies with mandatory development standards in the Zoning Code. For example, if a project complies with the minimum setback requirement, the review authority may not require an increased setback as a condition of design review approval. Design review is intended to address only aesthetic considerations not otherwise regulated by the Zoning Code.

(4) Design review may not require project changes to improve the economic viability of a business as perceived by the review authority.

(J) Design review criteria. To approve a design review application, the Review Authority must find that the proposed project complies with all of the following design review criteria to the extent they apply.

(1) Surrounding context. The overall project and associated buildings enhance the design quality of the area where they are located, and enhance Eureka's unique character and distinctive sense of place. New buildings may "fit in" with traditional architecture that complements the surrounding context or "stand out" with a contemporary and contrasting style. All buildings must minimize adverse impacts on neighboring properties when possible.

(2) Pedestrian environment. Buildings incorporate design features that support an active public realm and an inviting pedestrian environment.

(3) Architectural style. Buildings demonstrate a coherent and successfully executed architectural style. Building architecture may be traditional or modern. Buildings are not required to conform to any dominant architectural style or local vernacular. Creative architectural and artistic expression is encouraged.

(4) Articulation and visual interest. Building façades are distinctive, create visual interest, and relate to the human scale through vertical and horizontal articulation, varied building planes, distinctive building elements, and/or noticeable architectural details. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as articulation, trim, eaves, window boxes, and brackets contribute to the visual interest of the building.

(5) Materials. Building façades feature high-quality materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.

(6) Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility, and features that promote a sense of ownership of outdoor space.

(7) Landscaping. Landscaping features low-water-use plants appropriate for the local climate, contains native plants in compliance with § 155.328.050(D) (Native Plants), and does not include any invasive species that would be harmful to native plants and habitat, in compliance with §155.328.050(E) (Invasive Plants).

(K) Findings. To approve a design review application, the review authority must make all of the following findings:

(1) The proposed development will not be detrimental to public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

(2) The proposed project complies with all applicable design review criteria in § 155.412.040(J) (Design Review Criteria).

(L) Building permits.

(1) For projects subject to design review, the Building Department may not accept a building permit application until after design review approval.

(2) The Building Department may issue a certificate of occupancy or other final building permit sign-off only after the Department has physically inspected the project site and verified that the as-built project conforms with design review approved plans and conditions of approval.

(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)

§ 155.412.045 GULCH GREENWAY PERMITS.

See § 155.224.050(C)(3) (Gulch Greenway Permits).

(Ord. 962-C.S., passed 7-15-25)

§ 155.412.050 HOME OCCUPATION APPROVALS.

See § 155.304.070(B) (Permits Required).

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

§ 155.412.060 INFILL INCENTIVE PERMITS.

(A) Purpose. An infill incentive permit allows deviations from development standards for projects that provide community benefits and/or public amenities. Infill incentive permits are discretionary actions intended to encourage high-quality infill development and/or the adaptive reuse of properties suitable for redevelopment.

(B) Where allowed. An infill incentive permit is available for projects in the residential, mixed-use and industrial zoning districts.

(C) Types of infill incentive permits. The Zoning Code establishes two types of infill incentive permits: minor infill incentive permits and major infill incentive permits.

(D) Review authority.

(1) Minor infill incentive permits. The Director reviews and takes action on minor infill incentive permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.

(2) Major infill incentive permits. The Planning Commission reviews and takes action on major infill incentive permit applications.

(E) Required benefits. The review authority may approve an infill incentive permit for projects that provide at least two of the following community benefits:

(1) Architectural features. The project incorporates four of the architectural features described in § 155.312.050 (Architectural Features);

(2) Vertical mixed-use. The project creates two or more new upper-story residential units as a part of a vertical mixed-use development within 900 feet of a public transit bus stop where the average interval of time between buses is 90 minutes or less (90-minute headways) during weekday daytime hours. Mixed-use development must be permitted in the applicable zoning district to qualify as a benefit;

(3) Historic preservation. The project renovates a designated historic resource in compliance with Ch. 157 (Historic Preservation);

(4) Environmental remediation. The project remediates contaminated soil or water;

(5) Green building. The project will be a LEED-certified green building;

(6) Blight/nuisance abatement. The project eliminates blight, a public nuisance or a public health or safety hazard;

(7) Child care. The project includes an on-site childcare facility;

(8) Supportive housing. The project provides supportive housing as defined in Cal. Gov’t Code § 65582;

(9) Electric vehicle charging stations. The project provides an electrical vehicle charging station for 50% of the parking spaces required to serve a residential unit and/or for at least 25% of the parking spaces required for a non-residential use;

(10) Materials and building elements. The project incorporates exterior materials or building elements of a higher quality than conventional construction. Examples include:

(a) Siding. All exterior walls are sided with wood shake, ornamental metal, tile, brick, stone or stained wood;

(b) Doors and windows. All doors and windows are solid wood and/or feature shutters, stained glass or true divided muntins;

(c) Roofing materials. All roof surfaces feature wood shingle or shake, standing seam metal, clay or concrete tile, slate shingles or a green/living roof; and

(d) Fixtures. High grade fixtures on all building walls visible from a public street or sidewalk that add significantly to the architectural character of the building such as light fixtures, door hinges and handles, decorative hanging sign or awning brackets.

(11) Community amenities. The project creates or preserves a cultural, recreational, employment, or other amenity that adds significantly to the quality of life of the neighborhood or the community. The community amenity must be an allowed use in the applicable zoning district to qualify as a benefit.

(F) Incentives.

(1) Available incentives. An infill incentive permit may allow deviations to development standards as shown in Table 412-2.

Table 412-2: Allowed Deviation through Infill Incentive Permit
Standards	Allowed Deviation
Standards	Minor Infill Incentive Permit	Major Infill Incentive Permit
Increase Maximum Building Height
Residential zoning districts	15%	25%
Mixed-use and industrial zoning districts	20%	35%
Increase Maximum Floor Area Ratio
Residential zoning districts	15%	25%
Mixed-use and industrial zoning districts	20%	35%
Increase Maximum Residential Density [1]
R1 Zoning District [2]	N/A	1 additional unit
R2 Zoning District [3]	1 additional unit	33% increase
R3 Zoning Districts [3]	2 additional units	33% increase
Hinge Zoning District	1 additional unit	33% increase
Reduce Minimum Lot Line Setbacks
Residential zoning districts	25%	50%
Increase Maximum Site Coverage
Residential zoning districts	15%	25%
Reduce Minimum On-Site Parking Spaces
R1, R2 and R3 Zoning Districts	20%	50%
Mixed-Use and Industrial Zoning Districts	20%	50%
NOTES TO TABLE: [1] See § 155.412.060(G) (Increased Density Requirements). [2] Minimum lot area of 5,000 square feet required for increased density. [3] Minimum lot area of 6,000 square feet required for increased density.

(2) Number of incentives. The maximum number of standards which may be modified through an infill incentive permit is as follows:

(a) Minor infill incentive permits: one deviation to development standards as shown in Table 412-1; and

(b) Major infill incentive permit: two deviations to development standards as shown in Table 412-2.

(G) Increased density requirements. To be eligible for increased residential density as provided in Table 412-2, a project must meet the following criteria:

(1) Adjacency to high volume streets. The project is on a lot within 250 feet from a street designated as a major arterial, minor arterial or a major collector in the General Plan Figure M-1 Circulation Diagram;

(2) Factors supporting higher density. The lot containing the project satisfies one or more of the following requirements:

(a) Any portion of the lot is within 900 feet of a community park as defined in the General Plan;

(b) Any portion of the lot is within 600 feet of a bus stop;

(d) Any portion of the lot is within 900 feet of a mixed-use zoning district or a residential zoning district with a higher allowed density;

(e) The lot has been unimproved (containing no buildings) for ten years or longer; and/or

(f) The Neighborhood Market (NMO) Overlay Zone applies to the lot.

(3) Reduced unit size and affordability. The project satisfies one or more of the following requirements:

(a) All of the additional units allowed through the increased density are 500 square feet or less;

(b) For market-rate projects where the majority of units are not income-restricted, a minimum of one unit or 10% of units (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income; and/or

(c) For affordable housing projects where all units are income-restricted, a minimum of one unit or 60% of units (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income.

(H) Application submittal and review. Infill incentive permit applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).

(I) Public notice and hearing.

(1) Minor infill incentive permits. Public notice of the Director's pending action on a minor infill incentive permit application will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

(2) Major infill incentive permits. The Planning Commission must review and act on a major infill incentive permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

(J) Findings for approval. To approve an infill incentive permit, the review authority must make all of the following findings:

(1) The proposed project substantially advances General Plan objectives to prioritize development of vacant and underutilized infill properties and/or revitalize existing properties;

(2) The community benefits provided by the project are of a sufficient value to justify the deviations to development standards allowed by the permit;

(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and enjoyment of their property; and

(4) The adjustment will not be materially detrimental to the public health, safety or welfare.

(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)

§ 155.412.070 MINOR MODIFICATIONS.

(A) Purpose. A minor modification allows for small deviations from development standards to accommodate projects that are compatible with and appropriate for the area where they are located.

(B) When allowed.

(1) Permitted modifications.

(a) The Director may approve a minor modification to allow deviation from a physical development standard that applies to the subject property. Examples of physical development standards include lot area, site coverage, building height, setbacks, fence and wall height, floor area ratio (FAR) and on-site parking space dimensions.

(b) The maximum deviation allowed with a minor modification is 10% of the standard; except that, fence and wall height deviation may be increased by up to 20% with a minor modification.

(2) Calculating allowed deviations. The maximum deviation allowed with a minor modification is calculated as 10% of the amount, distance or area required by the standard. For example, if the maximum permitted height is 30 feet, up to three additional feet (10% of 30 feet) may be allowed with a minor modification.

(3) Modifications not allowed. A minor modification may not be granted to allow deviation from:

(a) The General Plan;

(b) Increased residential density;

(d) Design standards with no quantified standard (e.g., building entries facing the street).

(D) Applications. An application is not required for a minor modification. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance or discretionary approval.

(E) Public notice and hearing. None required.

(F) Findings for approval. To approve a minor modification application, the Director must make all of the following findings:

(1) The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located;

(2) The modification is consistent with the purpose of the zoning district, the General Plan, and any applicable specific plan or area plan adopted by the City Council;

(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and/or enjoyment of their property; and

(4) The adjustment will not be materially detrimental to the public health, safety or welfare.

(G) Effect of decision. A Director decision on a minor modification is based on the merits of an individual application. Approval of a minor modification does not establish a precedent for future similar applications.

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

§ 155.412.080 REASONABLE ACCOMMODATIONS.

(A) Purpose. This section establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12955 et seq.). A reasonable accommodation is typically a ministerial adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

(B) When allowed.

(1) Eligible applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of the Zoning Code or other land use or building regulation, policy or practice acts as a barrier to fair housing opportunities.

(2) Definition. A PERSON WITH A DISABILITY is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment.

(3) Eligible request. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers.

(D) Application requirements. A request for reasonable accommodation must be submitted in compliance with § 155.408 (Permit Procedures).

(E) Application review.

(1) The Director must make a written determination to either grant, grant with modifications or deny a request for reasonable accommodation.

(2) If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws.

(F) Criteria for decision. To approve a reasonable accommodation request, the Director must make all of the following findings:

(1) The housing subject to the request will be used by an individual with disabilities protected under fair housing law;

(2) The request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law;

(3) Potential impacts on surrounding uses are acceptable;

(4) Physical attributes of the property and structures reasonably allow for the accommodation; and

(5) Availability of other reasonable accommodations that may provide an equivalent level of benefit have been assessed.

(G) Conditions of approval.

(1) In approving a request for reasonable accommodation, the Director may impose conditions of approval to minimize impacts on surrounding uses and ensure consistency with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council.

(2) A reasonable accommodation approval may be conditioned to provide for its automatic expiration and/or removal under appropriate circumstance (e.g., the disabled resident vacates the property).

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

§ 155.412.090 SIGN PERMITS.

See § 155.340.060 (Sign Permits).

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

§ 155.412.100 TINY HOUSES ON WHEELS PERMITS.

See § 155.304.130(G) (Permit Required).

(Ord. 938-C.S., passed 11-1-22)

§ 155.412.110 TREE PERMITS.

See § 155.304.140(D) (Tree Permits).

(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. 962-C.S., passed 7-15-25)

§ 155.412.120 USE PERMITS.

(A) Purpose. Use permits are required for land uses that are generally appropriate within a zoning district, but where the potential impacts of the use on a site and its surroundings must be evaluated, and where conditions of approval may be needed. Use permits are discretionary actions that enable the city to ensure that a proposed use is consistent with the General Plan and will not create negative impacts to adjacent properties or the general public.

(B) Types of use permits. The Zoning Code establishes two types of use permits: minor use permits and conditional use permits.

(1) Minor use permits. The Director reviews and takes action on minor use permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.

(2) Conditional use permits. The Planning Commission reviews and takes action on conditional use permit applications.

(D) When required. Land uses that require a use permit are shown in the land use regulation tables for each zoning district found in the Zoning Districts subchapter.

(E) Public notice and hearing.

(1) Minor use permits. Notice of the Director's pending action on a minor use permit application must be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

(2) Conditional use permits. The Planning Commission must review and act on a conditional use permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

(F) Findings for approval. To approve a use permit, the review authority must make all of the following findings:

(1) The proposed use is consistent with the General Plan, Zoning Code and any applicable specific plan or area plan adopted by the City Council;

(2) The site is suitable for the size, design and operating characteristics of the proposed use;

(3) The proposed use will be compatible with existing and planned land uses in the vicinity of the property;

(4) The proposed use will not be detrimental to the public health, safety and welfare; and

(5) The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

(G) Permits to run with the land. See § 155.420.120 (Permits to Run with the Land).

(H) Expiration of use permits. See § 155.420.090(C) (Discontinued 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)

§ 155.412.130 VACATION RENTAL PERMITS.

See § 155.304.150.F (Permits Required).

(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)

§ 155.412.140 VARIANCES.

(A) Purpose. A variance is a discretionary approval that allows for deviation from physical development standards in the Zoning Code. The city may grant a variance only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property.

(B) When allowed.

(1) Allowable variances. The city may grant a variance to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements.

(2) Variances not allowed. A variance may not be granted to:

(a) Permit a use other than a use permitted in the zoning district as specified in Part 2 (Zoning District Standards);

(b) Allow deviation from a requirement of the General Plan (e.g., maximum residential density in zoning district); and

(1) Minor variance. A minor variance allows a deviation from a standard by 20% or less.

(2) Major variances. A major variance allows a deviation from a standard by more than 20%.

(D) Calculating deviations. A deviation allowed with a variance is calculated as a percentage of the distance or area required by the standard. For example, if the minimum required setback is 20 feet, the setback may be reduced by four feet to 16 feet (a four-foot reduction is 20% of 20 feet). The same setback may be reduced to any distance less than 16 feet with a major variance.

(E) Review authority.

(1) Minor variance. The Director reviews and takes action on minor variance applications. The Director may refer any application to the Planning Commission for public hearing and decision.

(2) Major variances. The Planning Commission reviews and takes action on major variance applications.

(F) Application submittal and review. Variance applications must be submitted and reviewed in compliance with § 155.408 (Permit Requirements).

(G) Public notice and hearing.

(1) Minor variance. Public notice of the Director's pending action on a minor variance permit application will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

(2) Major variance. The Planning Commission must review and act on a major variance application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

(H) Findings for approval. To approve a variance, the review authority must make all of the following findings:

(1) There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zoning district as the subject property;

(2) The strict application of the Zoning Code regulation would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zoning district as the subject property;

(3) The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zoning district as the subject property; and

(4) The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zoning district as the subject property.

(I) Precedent. The approval of a variance does not set a precedent for the granting of any future variance. Each application must be considered only on its individual merits.

(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)

§ 155.412.150 ZONING CLEARANCES.

(A) Purpose. A zoning clearance is a ministerial process to confirm that a proposed structure or land use complies with the Zoning Code.

(B) When required. A zoning clearance is required before:

(1) An applicant establishes a land use permitted by right in the zoning district;

(2) The city issues a new or modified business license; or

(3) The city issues a building permit, grading permit, or other construction-related permit to:

(a) Establish a new structure or use;

(b) Move or reconstruct an existing structure;

(d) Enlarge or expand an existing structure.

(C) Relationship to discretionary permits. When a project requires a discretionary action, a discretionary approval serves as the equivalent of a zoning clearance.

(D) Relationship to other ministerial approvals. When a project requires another ministerial approval in addition to a zoning clearance (e.g., a building permit approval), the ministerial approval serves as the equivalent of a zoning clearance.

(E) Applicant requests. A property or business owner may request a zoning clearance to provide documentation that an existing structure or use complies with the Zoning Code.

(F) Review authority. A zoning clearance is approved by Department staff. Controversial and complex projects will be referred to the Director for review and approval.

(G) Applications. An application is not required for a zoning clearance, unless the zoning clearance is the only city approval required for a project. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance.

(H) Review and action.

(1) Department staff will review the project information to verify compliance with the Zoning Code. If the project complies with all applicable requirements, the Department staff must approve the zoning clearance.

(2) Zoning clearance approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other similar certification or form.

(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)

§ 155.416.010 PURPOSE.

This § 155.416 establishes procedures for the appeal and review of decisions made on ministerial and discretionary actions.

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

§ 155.416.020 APPEAL SUBJECTS AND JURISDICTION.

(A) Appealable decisions.

(1) Table 404-1 in § 155.404 (Administrative Responsibilities) identifies decisions that may be appealed and the body that hears the appeal.

(2) In addition to the permits and decisions in Table 404-1, any discretionary decision made by the Director when administering the Zoning Code may be appealed to the Planning Commission, and any discretionary decision by the Planning Commission may be appealed to the City Council. For notices of pending Director action, the Zoning Code allows for a request for a hearing in lieu of an appeal of the Director's action.

(3) Ministerial actions of the Department, Director, and other city staff when administering the Zoning Code may be appealed to the Planning Commission.

(B) In addition to the permits and decisions in Table 404-1, any discretionary decision made by the Director when administering the Zoning Code may be appealed to the Planning Commission, and any discretionary decision by the Planning Commission may be appealed to the City Council.

(C) Ministerial actions of the Department, Director and other city staff when administering the Zoning Code may be appealed to the Planning Commission.

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

§ 155.416.030 FILING AND PROCESSING OF APPEALS.

(A) Eligibility.

(1) Any aggrieved person may submit an appeal of decisions shown in Table 404-1 in § 155.404 (Administrative Responsibilities).

(2) For decisions made at a public hearing, an appeal may only be filed by a person who:

(a) Submitted written concerns about specific aspects of the project for consideration by the review authority at the public hearing;

(b) Verbally expressed concerns about specific aspects of the project during the public comment period for the public hearing; or

(c) Submitted written comments to the Department prior to the public hearing expressing concerns about specific aspects of the project.

(3) The Director, the Chief Building Official, or two City Council members may appeal a decision made at a public hearing within ten days following the date of the decision by filing a written appeal with the Department or City Clerk pursuant to § 155.416.030(C)(1)(a) or (b).

(B) Timing of appeal. An appeal must be filed within ten days following the date of the decision, unless a longer appeal period is specified as part of the project approval.

(1) An appeal must be submitted in writing on a form provided by the city with all required fees. Appeals must be submitted to:

(a) The Department for appeals of Director and Design Review Committee decisions; and

(b) The City Clerk for appeals of Planning Commission decisions.

(2) The appeal must state the pertinent facts and the basis for the appeal.

(3) The whole decision or part of the decision may be appealed. If an appellant chooses, an appeal may be taken solely from any finding, action or condition.

(4) For decisions made at a public hearing, an appeal is limited to:

(a) Issues raised at or prior to the hearing, either through public comment or in writing; or

(b) Information that was not known by the review authority when the decision was made.

(5) Decisions resulting from the review authority’s abuse of discretion.

(D) Effect of appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the appeal body.

(E) Report and scheduling of hearing.

(1) When an appeal has been filed, the Department will prepare a report on the matter, including all of the application materials in question.

(2) The Department must schedule the matter for a public hearing by the appeal body within 60 days of the filing of the appeal.

(3) Notice of the hearing will be provided and the hearing must be conducted in compliance with § 155.408.100 (Public Hearings).

(4) Any interested person may appear and be heard regarding the appeal.

(5) All appeals on a single project must be considered together at the same hearing, including any continuation thereof.

(F) Hearing and decision.

(1) During the appeal hearing, the appeal body may take action on the subject of the appeal or any aspect of the appealed project (de novo review). The appeal body must make its own decision supported by findings.

(2) The appeal body’s decision may:

(a) Affirm, modify or reverse the action that is the subject of the appeal;

(b) Adopt additional conditions of approval that address the matter appealed;

(d) In the case of appeals heard by the Planning Commission, forward the appeal to the City Council for review and decision.

(3) The appeal body’s action must be based on findings of fact about the particular case. The findings must identify the reasons for the appeal body’s action and verify the compliance of the subject of the appeal with the Zoning Code.

(4) A matter being heard on appeal may be continued for good cause (e.g., additional California Environmental Quality Act (CEQA) review is required).

(5) If the appeal body is unable to reach a decision on the matter appealed, the appeal is denied and the decision of the previous review authority remains in effect.

(G) Effective date of appeal decision.

(1) City Council decision. A decision of the City Council on an appeal is final and effective on the date the decision is rendered.

(2) Other decisions. A decision of the Planning Commission, Historic Preservation Commission, or Design Review Committee is final and effective ten days after the decision is made, unless an appeal has been filed in compliance with this section.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.416.050 JUDICIAL REVIEW.

No person has standing to seek judicial review of a city decision on a permit or other matter under the Zoning Code unless and until all appeals have been exhausted.

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

§ 155.420.010 PURPOSE.

This § 155.420 establishes permit procedures and requirements that apply after an application is approved.

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

§ 155.420.020 NOTICE OF DECISION.

(A) Notice given. Within two business days following the review authority’s decision on a permit application, the Department will provide notice of the decision to the applicant and to any person who specifically requested notice of the decision.

(B) Notice contents. Notice of a final decision must contain applicable findings, conditions of approval, reporting and monitoring requirements and appeal procedures.

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

§ 155.420.030 EFFECTIVE DATE OF DECISION.

(A) City Council decisions.

(1) A City Council decision on a Zoning Code Amendment is final and becomes effective 30 days after the decision is made.

(2) A City Council decision on permits, appeals, General Plan Amendments adopted by resolution and other non-legislative matters is final and effective on the date the decision is made, unless otherwise stated in the approving resolution.

(B) Other decisions. The following applies to decisions of the Director, Design Review Committee and Planning Commission.

(1) If an appealable decision is not appealed in compliance with § 155.416 (Appeals and Reviews), the decision is final and effective ten days after the decision is made.

(2) For decisions appealed to the Planning Commission, the decision is final and effective ten days after the Planning Commission decision unless an appeal of the decision to the City Council is filed in compliance with § 155.416 (Appeals and Reviews).

(3) For decisions appealed to the City Council, the decision is final when the City Council makes a final decision on the appeal.

(4) A non-appealable decision is final and effective on the date the decision is made.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

§ 155.420.040 ISSUANCE OF PERMITS.

Permits may not be issued until the effective date.

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

§ 155.420.050 CONFORMANCE TO APPROVED PLANS.

(A) Compliance. All work performed under an approved permit must be in compliance with the approved plans and any conditions of approval and/or mitigation measures.

(B) Changes. Changes to an approved project must be submitted and processed in compliance with § 155.420.080 (Changes to an Approved Project).

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

§ 155.420.060 CERTIFICATES OF OCCUPANCY.

The Building Department may issue a certificate of occupancy or other final permit sign-off only after the Department verifies that the project conforms to the approved plans and any conditions of approval.

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

§ 155.420.070 PERFORMANCE GUARANTEES.

(A) Security required. The city may require an applicant to provide adequate security to guarantee the proper completion of approved work or compliance with conditions of approval.

(B) Form of security. The security must be in the form of cash, a certified or cashier’s check or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the Department.

(C) Amount of security. The Department will determine the amount of the security necessary to ensure proper completion of the approved work or compliance with conditions of approval.

(D) Duration of security. The security must remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the Department or until a specified warranty period has elapsed.

(E) Release of security. The Department must release the security upon completion of the approved work or compliance with conditions of approval.

(F) Failure to comply.

(1) Upon failure to complete work or comply with conditions, the Department may complete the work or fulfill the conditions and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal and inspection costs.

(2) The Department must refund any unused portion of the security to the funding source.

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

§ 155.420.080 CHANGES TO AN APPROVED PROJECT.

This section establishes procedures for an applicant to request a change to an approved project.

(A) Request for a change. An applicant must request changes in writing, with appropriate supporting materials and an explanation for the request.

(B) Major changes. A major change to an approved project means any change that does not qualify as a minor change under division (C) below. Major changes must be approved by the same review authority as the original approval. The same public notice and hearing requirements that applied to the original approval also apply to the requested major change.

(1) The Director may authorize minor changes to an approved project if the changes:

(a) Are consistent with the Zoning Code;

(b) Are consistent with the spirit and intent of the original approval;

(c) Do not involve a feature of the project that was a mitigation measure or a basis for findings in a negative declaration, mitigated negative declaration or environmental impact report for the project;

(d) Do not involve a feature of the project that was a basis for conditions of approval for the project;

(e) Do not involve a feature of the project that was a specific consideration by the review authority in granting the approval; and

(e) Do not involve any expansion, intensification or increase in size of the land use or structure beyond the original approval.

(2) The Director may approve minor changes without a noticed public hearing.

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

§ 155.420.090 PERMIT/APPROVAL EXPIRATION.

(A) General. As provided in this division, permits and other approvals listed in § 155.412 (Specific Permits and Approvals) automatically expire without further action by the city unless:

(1) An extension of time is approved under § 155.420.100 (Extension of Time); or

(2) An alternative timeframe is established by the review authority in accordance with § 155.420.100 (Extension of Time).

(B) Time limits.

(1) Permits and other approvals listed in § 155.412 (Specific Permits and Approvals) expire two years after approval if not exercised. A permit/approval is exercised when:

(a) A building permit is issued and construction has commenced and is diligently pursued to completion;

(b) A certificate of occupancy is issued; or

(2) After a permit/approval is exercised, the permit/approval expires if, prior to occupancy, construction stops for three years.

(1) Approved use permits that have been vested pursuant to division (B) above do not expire and remain in effect indefinitely unless the city revokes the permit as provided in § 155.428.080 (Permit Revocation).

(2) If a land use authorized by a use permit ceases operations for any period of time, the use permit remains valid and the land use may be re-established without the need for a new use permit. A re-established use must comply with all conditions of approval attached to the original permit.

(3) If a legally established land use without a required use permit ceases operations for any period of time, the land use may be re-established only after obtaining city approval of the required use permit.

(D) Effect of expiration.

(1) An expired permit/approval is void and of no further force and effect. An applicant retains no rights previously granted under an expired permit/approval.

(2) To establish a use or structure allowed by an expired permit/approval, an applicant must apply for and receive city approval of a new permit/approval.

(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)

§ 155.420.100 EXTENSION OF TIME.

(A) General.

(1) An applicant may request an extension of a permit/approval set to expire under § 155.420.090 (Permit/Approval Expiration) in accordance with this division.

(2) An applicant may request two types of extensions:

(a) A one-year extension approved by the Director; and/or

(b) A two-year extension approved by the original review authority.

(B) All extension requests. All extension requests must comply with the following:

(1) The applicant must submit to the Department a written extension request no later than ten days before the permit/approval expiration date. The request must be accompanied by all fees, information, and materials required by the Department.

(2) Filing a written extension request suspends the expiration until the review authority acts on the request. Building, grading, or other construction-related permits associated with the permit/approval may not be issued during the suspension period.

(3) The review authority may extend the permit/approval if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit/approval in a timely manner.

(4) The burden of proof is on the applicant to demonstrate that the permit/approval should be extended.

(5) If the Director is the review authority for the extension request, the Director may choose to refer the request to the Planning Commission for review and final decision.

(1) The Director may approve a one-year extension to a permit/approval in accordance with division (B) above (All Extension Requests).

(2) A noticed public hearing is not required.

(D) Two-year extensions.

(1) The review authority that originally approved the permit/approval may approve a two-year extension to the permit/approval in accordance with division (B) above (All Extension Requests).

(2) The same public notice and hearing requirement that applied to the original permit/approval also applies to the two-year extension request.

(3) The two-year extension may be in addition to a one-year extension previously approved by the Director, for a total extension of three years.

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

§ 155.420.110 RESUBMITTALS FOLLOWING DENIAL OR REVOCATION.

(A) Resubmittals prohibited. For a period of 12 months following the denial or revocation of a permit or other approval, the Department may not accept an application for the same or substantially similar project for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

(B) Determination. The Director determines whether an application is for a project that is the same or substantially similar to the project approved by the previously denied or revoked permit/approval.

(C) Appeals. The determination of the Director may be appealed to the Planning Commission in compliance with § 155.416 (Appeals and Reviews).

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

§ 155.420.120 PERMITS TO RUN WITH THE LAND.

Permits/approvals issued in compliance with the Zoning Code remain valid upon change of ownership of the site, structure, or land use that is the subject of the approved permit/approval.

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

§ 155.424.010 PURPOSE.

Except as otherwise provided herein, this section establishes regulations for non-conformities, including, but not limited to site features, buildings, signs, uses, and lots that were legally established prior to the adoption of the current Zoning Code, but are prohibited, regulated, or restricted differently under the current Code. These regulations are intended to:

(A) Recognize that some non-conforming uses and structures may contribute in a positive manner to Eureka's unique sense of place and quality of life;

(B) Allow for the continued operation of non-conforming uses that are compatible with neighboring properties;

(D) Require non-conforming site features to be brought into conformance with the Zoning Code when reasonable to do so; and

(E) Allow for the development and use of legal non-conforming lots.

(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)

§ 155.424.020 APPLICABILITY.

(A) Legal non-conformities only. This section applies to legally established site features, buildings, uses, signs, and lots that do not conform to the regulations of the zoning district in which they are located.

(B) Not applicable to violations.

(1) This section does not apply to non-conformities established in violation of the Zoning Code, or the regulation in effect at the time the non-conformity was established.

(2) A non-conformity that was illegally established is considered a violation of the Zoning Code subject to § 155.428 (Enforcement and Penalties).

(C) Accessory dwelling units. An application for an accessory dwelling unit shall not be denied because of non-conforming conditions that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(D) Burden of proof.

(1) Any person asserting a right to a non-conformity has the burden of proof to demonstrate, to the satisfaction of the Director, that the non-conformity was legally established. The Director is not responsible to prove the absence of a legal non-conformity.

(2) The Director's decision on the legal status of a non-conformity may be appealed in accordance with § 155.416 (Appeals and Reviews).

(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)

§ 155.424.030 NON-CONFORMING SITE FEATURES.

(A) Applicability. This division applies to existing physical improvements on a developed lot that do not conform to the Zoning Code, excluding buildings and signs. See § 155.424.040 (Non-conforming Buildings) for rules that apply to houses, garages, and other buildings on a lot, and § 155.424.050 (Non-conforming Signs) for rules that apply to signs.

(B) Required compliance. Unless excluded by division (D) below (Exceptions), or the exemptions listed in each code section referenced below, if a development project requires a building permit where the total construction value is $55,000 or more, and/or requires a use permit, the following non-conforming site features must be brought into compliance with the Zoning Code:

(1) Landscaping. Landscaping required by § 155.328.040 (Required Landscape Areas) and § 155.328.050 (General Landscape Requirements);

(2) Parking lot landscaping. Parking lot landscaping required by § 155.324.080 (Parking Lot Landscaping) to the extent possible given the configuration of existing development and physical site constraints. For example, if the existing parking lot configuration and striping pattern can only accommodate a two-foot perimeter buffer instead of the required four-foot buffer, the two-foot buffer is allowed;

(3) Parking lot paving/striping. Parking lot paving and striping, as required by city specifications, when parking lot is not paved or striped;

(4) Outdoor lighting. Outdoor lighting required by § 155.308.050 (Outdoor Lighting);

(5) Outdoor storage. Outdoor storage as required by § 155.304.110 (Outdoor Storage);

(6) Vision clearance area. Any site feature that conflicts with § 155.308.040 (Vision Clearance Area);

(7) Waste storage. Solid waste/recyclable material storage areas required by § 155.308.070 (Solid Waste/Recyclable Material Storage);

(8) Screening. Screening for adjacent residential zoning districts required by § 155.308.060 (Screening for Residential Zoning Districts);

(9) Short-term bicycle parking. Short-term bicycle parking as required by § 155.324.070 (Bicycle Parking); and

(10) Non-conforming signs. Non-conforming signs as required by § 155.424.050 (Non-conforming Signs).

(C) Annual adjustment. The $55,000 project valuation threshold in division (B) above (Required Compliance) will be increased for inflation by 3% annually, using 2023 as the base year.

(D) Exceptions.

(1) Construction project exceptions. The following development projects are not subject to division (B) above (Required Compliance), and do not trigger the need to bring non-conforming site features into compliance:

(a) Accessory dwelling units. This section does not apply to applications for new construction, creation, or modification of an accessory dwelling unit.

(b) Reroof. This section does not apply to applications for residential or commercial reroof permits.

(d) ADA accessibility. This section does not apply to applications for ADA accessibility additions or upgrades, when the project only consists of the accessibility additions or upgrades. For example, installation of an accessible ramp for a commercial office would not be subject to this section. A tenant improvement for a commercial office which includes the addition of an accessible ramp would be subject to this section.

(e) Electric vehicle charging stations. This section does not apply to applications for electric vehicle (EV) charging station permits, when the project only consists of the EV station addition or upgrade, and any associated striping of the lot. For example, installation of an EV charging station at a multi-family apartment would not be subject to this section. A remodel of an apartment building which includes the addition of an EV charging station would be subject to this section.

(2) Site feature exceptions. The following non-conforming site features may continue and are not subject to division (B) above (Required Compliance):

(a) Fences and walls (§ 155.320);

(b) Number of required on-site parking spaces (§ 155.324.030);

(d) Parking design and development standards (§ 155.324.060); and

(e) Other site features not specifically identified in division (B) above (Required Compliance).

(E) Repairs and modifications.

(1) If a non-conforming site feature identified in division (B) above (Required Compliance) is repaired or modified, the site feature must be brought into compliance with the Zoning Code.

(2) A non-conforming site feature identified in division (D)(2) above (Site Feature Exceptions) may be repaired or modified if the project does not increase or exacerbate the non-conforming aspect of the site feature. For example, a fence that exceeds the maximum height allowed by § 155.320 (Fences and Walls) may be repaired or replaced if the fence height is not increased.

(3) A project that increases or exacerbates the non-conforming aspect of any non-conforming site feature is subject to the permit requirements for variances and minor modifications in § 155.412 (Specific Permits and Approvals). For example, increasing the height of a nonconforming fence that exceeds the maximum height allowed by § 155.320 (Fences and Walls) requires a minor modification or variance. See § 155.412 (Specific Permits and Approvals); calculation of the percent deviation for purposes of qualifying for a minor modification is based on the proposed incremental increase in non-conformity.

(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)

§ 155.424.040 NON-CONFORMING BUILDINGS.

(A) Applicability. This division applies to non-conforming houses, garages, and other buildings as defined in § 155.508 (Defined Terms). See § 155.424.030 (Non-conforming Site Features) for rules that apply to other types of non-conforming structures.

(B) Permitted modifications.

(1) A non-conforming building may be repaired, modified, or enlarged if the project does not increase or exacerbate the non-conforming aspect of the building. For example, a remodel of a home that exceeds the height standard but that doesn't increase the home's height is allowed with a zoning clearance; no other department permits are required.

(2) Unless otherwise allowed by this section, a project that increases or exacerbates the non-conforming aspect of a building requires either a minor modification or variance depending on the nature of the modification. For example, a remodel that increases the height of a home exceeding the maximum building height standard requires a minor modification or variance. See § 155.412 (Specific Permits and Approvals); calculation of the percent deviation for purposes of qualifying for a minor modification is based on the proposed incremental increase in non-conformity. For example, if a maximum permitted height is 30 feet, and a non-conforming building is 35 feet tall, up to three additional feet (10% of 30 feet) may be allowed with a minor modification, allowing the building height to be increased to 38 feet.

(C) Expansions of use. An increase in floor area occupied by a permitted use in a non-conforming building is allowed subject to the limitations in division (B) above (Permitted Modifications).

(D) Established side setbacks for building additions. See § 155.204.030(G) (Established Side Setbacks for Building Additions).

(E) Demolition and reconstruction.

(1) Reconstruction defined. "Reconstructed" or "reconstruction" means rebuilding a damaged or destroyed building in a manner similar but not identical to the original structure. A reconstructed building generally recreates the original building footprint, mass, and height, but may deviate from design details such as architectural design and the arrangement of doors, windows, and rooflines.

(2) Demolition.

(a) If a non-conforming building, or a portion of a non-conforming building is demolished, whether as a result of involuntary damage or destruction, or voluntary demolition, the building may be reconstructed as shown in Table 424-1.

Table 424-1: Permits Required to Reconstruct Demolished Non-conforming Buildings
Linear Footage of the Interior and Exterior Building Walls Demolished or Removed	Permit Required
Less than 50%	By-right
50% or more	MUP
Note: Removal of roof, foundation, or exterior sheathing is not included in demolition calculation. Interior wall coverings (such as sheet rock) are not considered walls.

(b) For reconstruction requiring a minor use permit, the Director may attach conditions of approval as necessary to protect public health, safety and welfare, including requirements to reduce or eliminate previously existing non-conformities.

(3) No new or increased non-conformities. Reconstruction of damaged, destroyed or voluntarily demolished buildings may not increase or exacerbate previously existing non-conformities or create new non-conformities.

(4) Design review. Design review is required for 50% or more reconstruction of a building under the same circumstances as is required for a new building pursuant to § 155.412.040(B) (When Required) and § 155.412.040(C) (Exemptions).

(5) Design standards. Reconstructed non-residential, mixed-use, and multi-family buildings must comply with the design standards in § 155.208.040 (Pedestrian-Focused Street Frontages), and § 155.312 (Design Standards), as applicable.

(6) Property line trespass. A reconstructed building may not trespass across a property line and may not extend over or be located within the public right-of-way.

(7) Timing of construction. The construction of the replacement building must begin within two years of the date the structure was damaged or destroyed.

(8) Buildings not reconstructed. If a damaged or destroyed non-conforming building is replaced with a new building that does not meet the definition of reconstruction, the new building must comply with all standards of the applicable zoning district or obtain a variance (§ 155.412.140) or minor modification (§ 155.412.070) depending on the nature of the deviations from applicable standards.

(F) Relocated buildings. A non-conforming building that is moved to a new location must conform to all standards of the applicable zoning district.

(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)

§ 155.424.050 NON-CONFORMING SIGNS.

(A) Applicability. This division applies to signs as defined in § 155.508 (Defined Terms) that are non-conforming.

(B) Continuation. Except as otherwise required by this division, a non-conforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time the sign was installed. It is the applicant's responsibility to demonstrate that the sign was legally established.

(1) Changes to sign copy/face and repainting of non-conforming signs is permitted as long as there is no alteration to the physical structure or support elements of the sign.

(2) Routine repairs and maintenance may be performed on a non-conforming sign. Routine repair and maintenance does not include 50% or more replacement of the physical structure, or expansion or enlargement of the physical structure or sign.

(3) A non-conforming sign that sustains less than 50% damage to its structure may be repaired to its original pre-damaged condition, provided that such repair is completed within 180 days after the date of the damage. The replacement of 50% or more of the sign's structure is not repair and maintenance but instead constitutes a replacement structure requiring compliance with current permitting and development standards.

(D) Required compliance.

(1) Sign installed on or after January 1, 2000. A non-conforming sign installed on or after January 1, 2000 must be removed or brought into compliance with this section when:

(a) The sign is damaged or requires maintenance and the cost of repair exceeds 50% of the replacement value;

(b) The sign is relocated to a different lot or building; or

(c) The Director determines the sign has become a public nuisance or hazard due to inadequate maintenance or dilapidation in accordance with § 155.340.080(E) (Maintenance).

(2) Sign installed before January 1, 2000. A non-conforming sign installed before January 1, 2000 must be removed or brought into compliance with this section when:

(a) The sign is associated with a development project requiring a building permit where the total construction value is $55,000 or more. The $55,000 project valuation threshold will be increased for inflation by 3% annually, using 2023 as the base year;

(b) A new use requiring a use permit occupies the tenant space served by the sign;

(d) The building containing the use advertised by the sign is enlarged by 10% or more;

(e) The sign is damaged or requires maintenance and the cost of repair exceeds 50% of the replacement value;

(f) The sign is relocated to a different lot or building; or

(g) The Director determines the sign has become a public nuisance or hazard due to inadequate maintenance or dilapidation in accordance with § 155.340.080(E) (Maintenance).

(E) Digital signs. Non-conforming digital signs must comply with the design, message, and brightness standards in Table 340-9 in 155.340.070 (Sign Standards).

(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)

§ 155.424.060 NON-CONFORMING USES.

(A) Continuation allowed. A non-conforming use may continue subject to the requirements of this section.

(B) Intensification of use. A minor use permit is required to increase the floor or site area occupied by a non-conforming use and/or intensify the operation of a non-conforming use in any way.

(C) Change in ownership, tenancy, or management. A change in ownership, tenancy, or management of a non-conforming use does not affect its legal non-conforming status.

(D) Uses without required permits. A legally established use that is allowed in a zoning district but which lacks a required permit (e.g., conditional use permit) is considered a non-conforming use until the use receives the permit(s) required by the Zoning Code.

(E) Expiration of legal non-conforming status. A legally established non-conforming use that ceases to operate for a period of six consecutive months or more is no longer considered legal non-conforming and the use may not be re-established. A use ceases to operate when a site is vacant or when a use is non-operational for any reason other than a natural disaster or illness/death of an owner/immediate family member.

(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)

§ 155.424.070 NON-CONFORMING LOTS.

(A) Development permitted. Legally established lots non-conforming to minimum lot area standards are permitted all development rights of the zoning district in which they are located.

(B) Conformance with standards. Development on non-conforming lots must comply with all setback, building coverage, parking, and other standards of the applicable zoning district.

(C) Boundary adjustments. The boundaries of a lot non-conforming to minimum area standards may not be adjusted to decrease the lot area except when necessary to remedy a situation where a structure or use improperly projects or extends over a lot line.

(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)

§ 155.428.010 PURPOSE.

This § 155.428 establishes procedures to ensure compliance with the Zoning Code, correct violations of the Zoning Code, and impose penalties for violations. These procedures supplement code enforcement provisions in Municipal Code §§ 10.35 (Administrative Citations) et seq.

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

§ 155.428.020 VIOLATIONS.

Any use, structure, sign or activity that is established or maintained contrary to the Zoning Code is unlawful and a violation of the Zoning Code, constitutes a public nuisance and is subject to the remedies and penalties provided for in this section.

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

§ 155.428.030 PERMITS AND APPROVALS.

(A) Compliance required. All city departments, officials and employees assigned the authority to issue permits or other forms of authorization must comply with the Zoning Code.

(B) Permits in conflict with the Zoning Code. Permits and other approvals that conflict with the Zoning Code will not be issued.

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

§ 155.428.040 ENFORCEMENT AUTHORITY.

(A) Director.

(1) The Director has the primary responsibility to enforce the Zoning Code, in partnership with the Enforcement Officer as provided in Municipal Code §§ 10.35 (Administrative Citations) et seq.

(2) The Director will coordinate enforcement of the Zoning Code as needed with the City Manager, Police Chief, City Attorney, Building Official, Public Works Director and/or any other city official(s) as appropriate.

(B) City Attorney. The City Attorney may institute any necessary legal proceedings to enforce the Zoning Code as described in this section or allowed by law.

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

§ 155.428.050 INSPECTIONS, ACCESS AND ENTRY.

(A) Pre-approval inspections, access and entry.

(1) An applicant requesting a permit or other approval must allow city staff to access the property subject to the application.

(2) An owner’s or owner’s authorized agent’s signature on the application form authorizes city staff to enter the subject property to evaluate a proposed project.

(B) Post approval inspections, access and entry. After an application is approved, the owner or applicant must allow city staff to access the property to determine continued compliance with the approved permit, conditions of approval and/or mitigation measures.

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

§ 155.428.060 REMEDIES.

The city may take any one or all of the following legal actions, in addition to all other remedies available, to correct and/or abate a Zoning Code violation.

(A) Revoke permit. The city may revoke a permit or other form of authorization consistent with § 155.428.080 (Permit Revocation).

(B) Withhold permit. The city may deny or withhold additional permits and approvals for the property subject to the violation.

(C) Approve permit with conditions. The city may approve a permit or approval subject to the condition that the violation be corrected.

(D) Stop work. With or without revoking permits, the city may stop work, in whole or in part, on any building, structure, lot or use.

(E) Civil penalties and fines. The city may issue administrative citations and impose civil penalties and fines as provided in Municipal Code §§ 10.35 (Administrative Citations) et seq.

(F) Termination of utility service. The city may terminate utility service or services to the building, structure, lot or use.

(G) Other remedies. The city may exercise any and all other remedies and enforcement powers granted by law.

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

§ 155.428.070 REMEDIES ARE CUMULATIVE.

The remedies and enforcement powers established in this section are cumulative, and the city may exercise them in any order or combination and at any time.

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

§ 155.428.080 PERMIT REVOCATION.

Any discretionary permit may be revoked as provided for in this section.

(A) Review authority.

(1) A permit may be revoked by the review authority that originally approved the permit.

(2) In instances where the Director was the original review authority, the Director may refer an action to revoke a permit to the Planning Commission for review and final decision.

(B) Property owner notification. Prior to initiating proceedings to revoke a permit, the Department must notify the property owner of the permit violations, identify necessary corrections and establish a reasonable period within which the property owner must correct the violations. If the property owner has not corrected the violation within the specified period of time, the Department may proceed with the process to revoke the permit.

(C) Public notice and hearing. Public notice and hearing for any action to revoke a permit must be provided in compliance with § 155.408.100 (Public Hearings).

(D) Findings. The review authority may revoke a permit only if one or more of the following findings can be made:

(1) The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made;

(2) Permit issuance was based on misrepresentation by the applicant, either through the omission or embellishment of a material statement in the application, or in public hearing testimony;

(3) One or more conditions of approval or mitigation measures have been violated, or have not been complied with or fulfilled;

(4) The applicant or property owner has failed or refused to allow inspections for compliance;

(5) Improvements authorized by the permit are in violation of the Zoning Code or any law, ordinance, regulation or statute; and/or

(6) The use or structure is being operated or maintained in a manner which constitutes a nuisance.

(E) Appeals.

(1) A decision to revoke a permit by any other review authority may be appealed to the City Council in accordance with § 155.416 (Appeals and Reviews).

(2) A decision of the City Council to revoke a permit is final and may not be appealed.

(F) Effect of revocation.

(1) The revocation of a permit has the effect of terminating the approval and denying the privileges granted by the permit.

(2) The prior holder of a revoked permit may not apply for a new permit for the same or substantially similar use on the property within one year of the permit revocation.

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

§ 155.428.090 SIGNS.

(A) Illegal signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this section.

(B) Enforcement; general. The Department may enforce the requirements of this section and undertake legal action to correct violations in accordance with § 155.428 (Enforcement and Penalties) and Municipal Code §§ 10.35 (Administrative Citations) et seq.

(1) The Director may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.

(2) (a) For illegal signs that do not place the public in immediate peril and are located on private property, the Director must send the business owner or person responsible for the sign a written notice by certified mail that:

1. Describes the physical characteristics of the subject sign;

2. Explains the nature of the violation;

3. States that the sign must be removed or brought into compliance with this section within 30 days after the notice is served;

4. States that the city may remove the sign if the business owner or person responsible for the sign does not correct the violation within 30 days after the notice is served;

5. States that the city may destroy the illegal sign if it is not retrieved within 30 days after removal by the city; and

6. States that the business owner is responsible for all costs associated with the removal, storage and destruction of the sign.

(b) If an illegal sign is not removed or brought into compliance within 30 days after a notice is served, the Director may issue a citation to the business owner or person responsible for the sign as provided in Municipal Code §§ 10.35 (Administrative Citations) et seq. and may remove or cause the removal of the sign.

(3) Any accessory structures, foundations or mounting materials associated with the sign and that are unsightly or a danger to the public health, safety and welfare may be removed at the time of the sign removal.

(C) Storage. A sign removed by the city will be stored for a minimum of 30 days. If the sign is not retrieved by the business owner or person responsible for the sign within this 30-day period, the city may thereafter destroy the sign.

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

§ 155.432.010 PURPOSE.

(A) General. This section establishes procedures for amending the Zoning Code and General Plan.

(B) Government code requirements. All amendments must be processed as specified in this section and as set forth in:

(1) Cal. Gov’t Code §§ 65853 et seq. for Zoning Code Amendments; and

(2) Cal. Gov’t Code §§ 65350 et seq. for General Plan Amendments, as these may be amended from time to time.

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

§ 155.432.020 INITIATION.

(A) Map amendments. A request for an amendment to the Zoning Map and/or General Plan Land Use Map may be initiated by:

(1) The City Council;

(2) The Planning Commission;

(3) The Director; or

(4) One or more owners of the property for which the amendment is sought.

(B) Text amendments. A request for an amendment to the text of the Zoning Code and/or General Plan may be initiated by:

(1) The City Council;

(2) The Planning Commission;

(3) The Director; or

(4) Any resident, property owner or business owner in the city.

(C) General plan amendment petition required. For General Plan amendments, a property owner, resident or business owner may submit an application only after the City Council approves a General Plan amendment petition in accordance with § 155.432.030 (General Plan Amendment Petition).

(D) Frequency of general plan amendment. A mandatory element of the General Plan may be amended no more than four times during any calendar year as set forth in Cal. Gov’t Code § 65358.

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

§ 155.432.030 GENERAL PLAN AMENDMENT PETITION.

(A) Petition required. The City Council must first approve a General Plan amendment petition before a resident, property owner or business owner may apply for a General Plan amendment.

(B) Petition form and contents. A General Plan amendment petition may be submitted to the Department using an official Department form accompanied by all fees, information and materials required by the Department.

(1) The City Council must hold a public hearing on the petition in compliance with § 155.408.100 (Public Hearings).

(2) The City Council may approve the petition and allow the applicant to submit the General Plan amendment application upon finding that the proposed amendment has the potential to serve the public interest.

(3) Petition approval is not a tacit, implied or guarantee of approval of the General Plan amendment, nor does it bind the current or future City Council with regard to the proposed General Plan amendment.

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

§ 155.432.040 APPLICATION.

An application for a Zoning Code and/or General Plan amendment must be filed and reviewed in compliance with § 155.408 (Permit Procedures). The application must include the information and materials required by the Department, together with all required application fees. For amendments submitted by a resident, property owner or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by § 155.432.070 (Findings for Approval).

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

§ 155.432.050 PLANNING COMMISSION HEARING AND ACTION.

(A) General. The Planning Commission must hold a public hearing on a proposed amendment in compliance with § 155.408.100 (Public Hearings) for the purpose of recommending action to the City Council.

(B) Recommendation of approval.

(1) The Planning Commission may recommend to the City Council the approval or conditional approval of the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(2) The Planning Commission must adopt a resolution recommending approval of the proposed amendment within 60 days after the date the hearing was closed to the public.

(1) The Planning Commission may recommend denial of the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(2) For a Zoning Map amendment, if the action of the Planning Commission is to recommend denial, the City Council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the City Clerk. The request for hearing must be filed within five days after the Planning Commission recommendation is filed with the City Council. Such a request is not considered an appeal subject to the requirements in § 155.416 (Appeals and Reviews). The City Council may also review and take action on the proposed amendment without a hearing request if the City Council determines to do so.

(D) Failure to act. If the Planning Commission takes no action within 60 days after the date the hearing was closed to the public, the City Council will consider the proposed amendment without a Planning Commission recommendation.

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

§ 155.432.060 CITY COUNCIL HEARING AND ACTION.

(A) General. After receipt of the Planning Commission’s recommendation on a proposed amendment, the City Council will hold a public hearing on the proposal in compliance with § 155.408.100 (Public Hearings); except that, no hearing is required for recommendations of denial in accordance with § 155.432.050(C) (Denial).

(B) Approval or denial. The City Council may approve, approve with modification or deny the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(D) Referral to Planning Commission. If the City Council proposes to adopt a substantial modification to an amendment not previously considered by the Planning Commission, the proposed modification must be first referred to the Planning Commission for its recommendation before action is taken by the City Council.

(E) Failure to report. The failure of the Planning Commission to report back to the City Council within 40 days after the reference, or within the time set by the City Council, will be treated as a recommendation of approval.

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

§ 155.432.070 FINDINGS FOR APPROVAL.

(A) Zoning Code amendments. The City Council may approve a Zoning Code amendment only if all of the following findings are made.

(B) Findings required for all Zoning Code and map amendments.

(1) The proposed amendment is consistent with the General Plan and any applicable specific plan or area plan.

(2) The proposed amendment is internally consistent with other provisions of the Zoning Code.

(3) The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare.

(C) Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the Zoning Code and General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.

(D) General plan amendments. The City Council may approve a General Plan amendment only if all of the following findings are made.

(E) Findings for all general plan amendments.

(1) The proposed amendment is in the public interest.

(2) The proposed amendment is internally consistent with all other provisions of the General Plan.

(3) The proposed amendment complies with state law applicable to the General Plan as established in Cal. Gov’t Code §§ 65300 et seq.

(F) Additional finding for land use map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.

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

§ 155.432.080 LIMITATIONS ON RESUBMITTALS AFTER DENIAL.

If the city denies a Zoning Code or General Plan amendment, within one year of the denial, the Department may not accept a new application for the same or substantially similar amendment, except in the following cases:

(A) Upon initiation by the City Council or Planning Commission;

(B) The applicant requests a reclassification to a different zoning district and/or General Plan land use designation than previously requested; or

(C) When a previous Zoning Code amendment application was denied because the proposed amendment would not conform with the General Plan, and the General Plan has subsequently been amended in a manner which will allow the proposed amendment.

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

Eureka City Zoning Code

ADMINISTRATIVE RESPONSIBILITIES

§ 155.404.010 PURPOSE.

This § 155.404 describes city roles and responsibilities when administering the Zoning Code.

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

§ 155.404.020 REVIEW AND DECISION-MAKING AUTHORITY.

(A) Summary table. Table 404-1 summarizes city review and decision-making authority when processing permit applications and other requested approvals.

(B) Meaning of notations. Authority roles shown in Table 404-1 mean the following.

(1) “Recommend” means the authority reviews and makes a recommendation to a higher decision-making body.

(2) “Decision” means the authority may approve, conditionally approve or deny an application.

(3) “Appeal” means the authority hears an appeal of a decision by a lower review authority.

(4) “-” means the authority has no role in the action.

(C) Multiple permit applications. For projects that include multiple permits, see § 155.408.050 (Multiple Permit Applications).

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

§ 155.404.030 DEVELOPMENT SERVICES DEPARTMENT.

Responsibilities and powers. The Department:

(A) Processes permit applications as provided in § 155.408 (Permit Procedures);

(B) Assumes responsibilities delegated by the Director; and

Table 404-1: Review and Decision-Making Authority
Type of Action	Zoning Code Section	Role of Authority
Type of Action	Zoning Code Section	Director/ Department	Design Review Committee	Planning Commission	City Council
Legislative Actions
Zoning Code and General Plan amendment	155.432	Recommend	-	Recommend	Decision
Use Permits
Conditional use permit [3]	155.412.120	Recommend	-	Decision	Appeal
Minor use permit [3]	155.412.120	Decision [1]	-	Decision [5]	Appeal
Flexibility and Relief
Administrative adjustment	155.412.030	Decision [1]	-	Appeal	Appeal
Infill incentive permit, major [3]	155.412.060	Recommend	-	Decision	Appeal
Infill incentive permit, minor [3]	155.412.060	Decision [1]	-	Decision [5]	Appeal
Minor modification	155.412.070	Decision [1]	-	Appeal	Appeal
Reasonable accommoda tion	155.412.080	Decision [1]	-	Appeal	Appeal
Variance, major [3]	155.412.140	Recommend	-	Decision	Appeal
Variance, minor [3]	155.412.140	Decision [1]	-	Decision [5]	Appeal
Sign Permits
Administrative sign permits	155.340.060(B)	Decision [2]	Appeal	Appeal	Appeal
Creative sign permits [3]	155.340.060(D)	Recommend	Decision	Appeal	Appeal
Master sign permits [3]	155.340.060(C)	Recommend	Decision	Appeal	Appeal
Gulch Greenway Permits
Conditional Gulch Greenway permit [3]	155.224.050	Recommend	-	Decision	Appeal
Minor Gulch Greenway permit [3]	155.224.050	Decision [1]	-	Decision [5]	Appeal
Other Permits and Approval
Density bonus (ministerial)	155.344	Decision [2]		Appeal	Appeal
Density bonus (discretionary) [3]	155.344	Decision [1]		Appeal	Appeal
Design review [3]	155.412.040	Recommend	Decision [4]	Appeal	Appeal
Home occupation approval	155.304.070	Decision [2]	-	Appeal	Appeal
Tiny house on wheels permit	155.304.130	Decision [2]		Appeal	Appeal
Tree permit	155.304.140	Recommend	-	Decision	Appeal
Zoning clearance	155.412.150	Decision [2]	-	Appeal	Appeal
NOTES: [1] The Director may choose to refer the project to the Planning Commission for review and decision. [2] The Director may delegate review authority to Department staff on ministerial permits and approvals. [3] Applications requiring other discretionary review will be acted upon by the highest review authority, with appeal rights to the next highest authority, except that decisions of the City Council are final. [4] The Historic Preservation Commission conducts design review for projects that alter a designated historic resource as provided in Municipal Code Chapter 157. If a project subject to design review also requires a permit from the Planning Commission, the Planning Commission conducts design review. If the project both alters a designated historic resource as provided in Municipal Code Chapter 157 and requires a permit from the Planning Commission, the Historic Preservation Commission conducts any design review for the project. [5] The Planning Commission acts on the permit only after receiving a written request for a public hearing during the 15-day hearing request period, in accordance with § 155.408.090 (Notice of Pending Action). If no request for a public hearing is received by the end of the 15-day period, the Director acts on the application, and the action is final.