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(A) License. Family day care home providers must obtain and maintain a license from the State of California Department of Social Services.
(B) Separation; large family day care homes. A large family day care home in a residential zoning district may not be located within 300 feet of another family day care home (large or small) or a day care facility.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.
(B) Permits required.
(1) Home occupation permit. A home occupation that complies with all standards in division (E) below is permitted by-right with a zoning clearance.
(2) Minor use permit. A home occupation that does not comply with one or more standards in division (E) below may be allowed with a minor use permit.
(C) Business license. All persons conducting a home occupation must obtain a City of Eureka business license.
(D) Applicant agreement. All applicants requesting approval of a home occupation must sign a statement that they have read, understand and will comply with the city’s home occupation requirements.
(E) Standards. The following standards apply to all home occupations:
(1) Accessory use. The home occupation must be clearly secondary to the primary use of the property as a residence.
(3) Residential appearance. Except for a permitted sign, the existence of the home occupation may not be apparent beyond the boundaries of the site, and no permit to alter the exterior of the structure for the home occupation may be approved.
(4) Off-site effects. A home occupation may not create dust, fumes, odors, smoke, noise, vibration, or electrical interference that is perceptible beyond the property line.
(5) Hazardous materials prohibited. The storage and use of flammable, combustible, or explosive materials must receive approval from the Chief Building Official. Typically, the only such materials that will be allowed are limited to small quantities of fuel for landscaping equipment, contained mini-torches used for sculpting glass, and other similar modest quantities of materials associated with approved home occupation business types.
(6) Outdoor display or storage. Window displays, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation are not allowed.
(7) Employees. A maximum of two on-site non-resident employees is allowed.
(8) Client/customer visits. Except when allowed by division (E)(9) below, only ten vehicle trips per day of clients or customers to the residence are allowed. Client or customer visits are limited to the hours between 8:00 a.m. and 8:00 p.m.
(a) For retail, commercial service, and office home occupations, no more than one client or customer may be on-site at any given time.
(b) For instructional services, tutoring, gyms, and other similar home occupations as determined by the Director, a maximum of ten students, clients, or customers may be on-site at any given time.
(9) Special events. A home occupation may host up to four special events per year where the client/customer limitations in division (E)(8) above do not apply. Special events include music recitals, dance performances, gallery open studios, and other similar events.
(10) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight except for FedEx, UPS, or USPS-type home deliveries and pick-up.
(11) Parked vehicles. Commercial vehicles/trailers greater than 19,500 pounds gross vehicle weight used by the home occupation may not be parked on site or on street.
(12) Number of home occupations per residence. More than one home occupation per residence is allowed; however, all home occupations combined must adhere to the home occupation standards. For example, regardless of the number of home occupations permitted in association with a residence, only two on-site non-resident employees would be allowed at the residence.
(F) Cottage food operations. Cottage food operations (CFO) as defined in Cal. Health and Safety Code § 113758 and Cal. Gov’t Code § 51035 are a permitted home occupation subject to the following requirements:
(1) The cottage food operation must comply with home occupation standards in § 155.304.070(E) (Standards).
(2) All cottage food operations must be registered or permitted by Humboldt County Department of Environmental Health before commencing business.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) may be used for residential purposes subject to the requirements of this section.
(B) Development standards. A manufactured home must comply with all development standards (e.g., height, setback, lot coverage) that would apply to a conventional single-family home on the same lot.
(C) Design and construction standards. A manufactured home must be compatible in design and appearance with residential structures in the vicinity and meet the following standards.
(1) Foundation. A manufactured home must be built on a permanent foundation system approved by the Building Official.
(2) Roof material. Roof material must consist of material customarily used for conventional dwelling units, such as tile, composition shingles and wood shakes and shingles.
(3) Siding material. Siding material must consist of exterior material customarily used for conventional dwelling units, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, must be non-reflective and horizontally lapping.
(4) Skirting. Skirting must extend to the finished grade. Siding material utilized as skirting must be the same as the material used on the exterior wall surface of the manufactured home.
(Ord. 885-C.S., passed 5-21-19)
(A) Applicability.
(1) This section applies to the production, sale and/or distribution of retail products from a vehicle, while operating on private property. These standards also apply to on-site incidental preparation by a mobile vendor immediately before and after retail activity occurs on a site.
(2) This section does not apply to hand carts or any retailer traveling from place to place by a non-vehicular type of conveyance, which are subject to the regulations under Municipal Code Ch. 118 (Peddlers and Solicitors).
(3) This section does not apply to mobile vendors operating on a street, which are regulated under Municipal Code Ch. 75 (Mobile Vendors Operating Upon a Street).
(B) Standards. All mobile vendors must comply with the following standards.
(1) Obstructions. A mobile vendor may not directly obstruct pedestrian or vehicular traffic or block a driveway or alleyway.
(2) Schools. A mobile vendor may not operate within 300 feet of any property on which a K-12 school is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day. This prohibition does not apply if the school provides the mobile vendor written authorization to park on school property.
(3) Waste. While in operation, a mobile vendor must maintain a clearly designated waste receptacle in the immediate vicinity of the vehicle.
(4) Operation. When not engaged in on-site incidental preparations or in operation, all mobile vendors, associated equipment and waste receptacles must be removed from the site of operation.
(5) Compliance with other laws and regulations. Mobile vendors must obey all local, state and federal laws.
(6) Business improvement districts. Mobile vendors that operate, or intend to operate, within a business improvement district must pay associated fees.
(C) City approvals.
(1) Council approval on city property. Permission for a mobile vendor to operate on city-owned property, excluding public rights-of-way, requires City Council approval. This requirement does not apply to mobile vendors operating under a special event permit.
(2) Business license. Mobile vendors must acquire a city business license.
(3) Mobile vendor agreement. Prior to receiving a business license, each mobile vendor must sign a statement that they have read, understand and will comply with the city’s mobile vendor requirements.
(4) Record of approved mobile vendors. The city will keep a list of approved mobile vendors.
(Ord. 885-C.S., passed 5-21-19)
All new construction of a multi-family residential use in any location must provide either private laundry facilities in each dwelling unit or a common laundry facility with at least one clothes washer and dryer for each six dwelling units. Common washers and dryers may be coin operated.
(Ord. 885-C.S., passed 5-21-19)
(A) Applicability.
(1) The outdoor storage requirements in this section apply to the storage of goods, materials, machines, equipment, vehicles or parts outside of a building for more than 72 hours.
(2) These requirements apply only to lots occupied by a non-residential primary use or undeveloped lots in a non-residential zoning district.
(3) These requirements do not apply to:
(a) Fleet and service vehicles associated with an allowed land use when parked outdoors in a legally established parking area;
(b) Vehicle inventory parked outdoors as part of an allowed vehicle sales and rental use; or
(c) Temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.
(B) Non-conformities. Uses non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
(C) Where allowed. Outdoor storage is allowed as a primary use only in zoning districts identified in the allowed use tables in the Zoning District Standards subchapter. Outdoor storage is also allowed as an accessory use for the storage of goods associated with a primary non-residential use in accordance with § 155.304.020 (Accessory Uses).
(D) Screening.
(1) Outdoor storage areas must be screened with a minimum six-foot high solid fence or wall so as not to be visible from any:
(a) Public street or highway; or
(b) Residential zoning district or use.
(2) Screening fences and walls may not exceed the maximum allowed height identified in Table 320-1 of § 155.320 (Fences and Walls) and may not use prohibited fence materials identified in Table 320-2.
(E) Surfacing.
(1)
Outdoor storage areas must be surfaced with an all-weather material (such as asphalt, concrete or comparable surfacing material approved by the Public Works Director) and graded to provide adequate storm water drainage.
(2) Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage, erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the parking lot landscaping requirements contained in § 155.324.080 (Parking Lot Landscaping).
(3) Outdoor storage of hazardous materials requires a roof or awning over the materials and either a dead-end sump to contain spills or containment in the form of berms, dikes or curbs. All hazardous materials regulated by the California Department of Toxic Substances Control must be placed on a surface as deemed appropriate by the permitting agency. In addition, the surface must conform to all applicable federal and state air and water quality standards.
(F) Shipping containers in industrial zoning districts. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in all industrial zoning districts. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
(G) Standards for shipping containers.
(1) A metal shipping container must be located at least five feet from a property line, and shipping containers that are accessory to the main occupancy use, and are located less than ten feet from the primary structure, are limited to no more than 10% of the floor area of the primary structure.
(2) The size of a shipping container shall not exceed 45 feet in length, ten feet in height, and the storage area shall not exceed 400 square feet.
(3) When a metal shipping container is located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage. For example, when a shipping container is placed within ten feet of a property line adjoining an alley on a 50-foot-wide parcel, the side of the shipping container parallel to the alley may not be more than 25 feet long, or ½ the width of the alley frontage. See Figure 304-1
(4) When a permanent structure and a proposed metal shipping container are located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten feet of the property line adjoining the alley. For example, on a 50-foot-wide parcel, if a 28-foot-wide structure already exists within ten feet of the property line adjoining an alley, and the metal shipping container is proposed within ten feet of the alley property, the side of the shipping container parallel to the alley may not be more than 11 feet long, or ½ the width of the open alley frontage (50 - 28 = 22/2 = 11 ft). See Figure 304-2
(5) When a proposed metal shipping container is located ten or more feet from a property line adjoining an alley, the width of the side of the container facing the alley is limited only by Building and Fire Code standards. See Figure 304-3
(6) When a shipping container is used for the storage of hazardous materials, quantities of hazardous materials may not exceed those listed in California Building Code Table 307.1(1), or Table 307.1(2), and must be stored in compliance with the California Building and Fire Codes.
(7) Installation of a metal shipping container may require a Building Permit as required by the California Building Code.
(H) Shipping containers in the SC zoning district. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in the SC zoning district. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
(1) Metal shipping containers in the SC zoning district must:
(a) Be located behind the primary structure when space permits. Where it is physically impossible to locate the shipping container behind the primary structure, the container must be located as close to the rear of the site as possible. A metal shipping container may not be located within the area between the front or exterior side property line and the plane of the primary structure wall.
(b) Painted to match or complement the existing primary structure on the site and must be maintained in good condition and avoid conditions that contribute to blight, including but not limited to, rust, peeling paint, and other visible forms of deterioration. Inclusion or installation of public art on the shipping container is permissible and is not required to match or complement the existing primary structure.
(c) Be located on the ground, and may not be stacked on top of another shipping container.
(2) Section 155.304.110(H) (Shipping Containers in the SC zoning district) is effective only until October 1, 2031, at which time it will expire and be of no further effect. Shipping containers existing in the SC zoning district as of the expiration of this section must either be removed from the site on or before October 31, 2031, or will continue as a non-conforming use and structure, and will be subject to the requirements in § 155.424 (Nonconformities).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. All RV parks must conform to Cal. Code of Regulations Title 25, Ch. 5, Cal. Health and Safety Code Div. 13 and all other state laws and regulations that apply to RV parks.
(B) Length of occupancy. The maximum length of occupancy in an RV park is 180 days in any consecutive 365-day period.
(Ord. 885-C.S., passed 5-21-19)
(A) Purpose. This section establishes regulations to allow for tiny houses on wheels within residential zoning districts. These regulations are intended to:
(1) Minimize adverse impacts that could result from tiny houses on wheels in residential neighborhoods;
(2) Ensure tiny houses on wheels do not significantly impact the supply of permanent housing available to Eureka residents; and
(3) Provide opportunities for homeowners to generate supplemental income by allowing tiny houses on wheels.
(B) Development standards. A tiny house on wheels must comply with all development standards applicable to a conventional accessory dwelling unit as allowed by § 155.316 (Accessory Dwelling Units), except as modified by this subsection.
(1) Where allowed. A tiny house on wheels is allowed as an accessory dwelling unit in any residential zoning district subject to the requirements of this subsection.
(2) Maximum number per lot. One tiny house on wheels is allowed per lot, in lieu of one attached or detached accessory dwelling unit located on a permanent foundation.
(3) Unit size.
(a) A tiny house on wheels may be up to 102 inches wide and 40 feet long.
(b) A tiny house on wheels shall not be smaller than 150 square feet.
(c) A tiny house on wheels may be up to 14 feet in height.
(4) Location on lot.
(a) A tiny house on wheels may not be located between the primary dwelling and the street, except on a through lot.
(b) A tiny house on wheels may not be located in, or block access to, a required off-street parking space.
(5) Relationship to other residential structures. A tiny house on wheels must be setback from other structures the distance required by the Building Code.
(6) Short-term rental. A tiny house on wheels may not be converted to, or utilized as, a short-term, transient vacant rental.
(C) Design and construction standards. A tiny house on wheels must be compatible in design and appearance with residential structures and meet the following standards:
(1) Parking surfacing. The surface material under wheels and/or leveling or support jacks must be consistent with § 155.324.060(F) (Surfacing). Bumper guards, curbs, or other installations adequate to prevent movement of the unit are required.
(2) Skirting. Undercarriage, including the wheels, tongue, axle, and hitch, must be hidden from view using materials or features such as lattice, fencing, planter boxes, detached decks, and the like.
(3) Mechanical equipment. All mechanical equipment must be incorporated into the structure and may not be located on the roof unless screened.
(4) Construction code requirements. A tiny house on wheels must comply with at least one of the following:
(a) National Fire Protection Association (NFPA) 1192 RV standards or American National Standards Institute (ANSI) 119.5 Park Model standards. Certification for NFPA or ANSI compliance must be made by a qualified third-party inspector. Proof of compliance must be submitted with the tiny house on wheels permit application.
(b) State building standards for dwellings as determined by the Chief Building Official, including 2019 Cal. Residential Code Appendix Q Tiny Houses or other adopted alternatives. A building permit must be obtained to demonstrate compliance with state building standards.
(D) Utilities. A tiny house on wheels must be connected to water, sewer, and electric utilities to the satisfaction of the Chief Building Official and Public Works Director. Holding tanks incorporated into the original design of the structure may not be used for the purposes of waste storage.
(E) DMV registration. A tiny house on wheels must be licensed and registered with the California Department of Motor Vehicles.
(F) Permit required. A tiny house on wheels permit is required prior to and for the duration of occupancy of the tiny house on wheels. The permit is a ministerial approval by the Director to confirm the proposed tiny house on wheels complies with all applicable standards.
(1) Not transferrable. The permit shall be issued for a specific tiny house on wheels (based on DMV registration number) to occupy a specific location on a designated property as indicated on a required site plan. The permit may not be transferred to authorize relocation of the permitted tiny house on wheels, and/or installation of a different tiny house on wheels at the authorized location.
(2) Property owner approval. Authorization by the owner of the residential lot is required.
(3) Annual renewal. The permit shall lapse and become void one year following the date the permit became effective unless renewed or revoked for violation of the terms of the permit application. If a lapse in permit occurs, the structure is no longer considered a tiny house on wheels and cannot be used or inhabited as an accessory dwelling unit until a new permit is obtained.
(4) Inspection. A tiny house on wheels shall be inspected by the Building Department prior to final approval of a tiny house on wheels permit, to verify the unit is in good working order for living, sleeping, eating, cooking, and sanitation, including adequate connection to utilities. Additional inspections may be required at the discretion of the Chief Building Official. The cost of any required inspection shall be borne by the tiny house on wheels owner.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) Purpose. This division establishes permit requirements to remove trees. Much of Eureka is forested with stands of redwoods and other trees that are a distinctive part of the city's history and character, and every effort should be made to preserve and protect these trees, while protecting the public's safety and supporting development. When trees pose a hazard or are located in areas of planned growth, they may need to be removed. These regulations are intended to:
(1) Protect and preserve trees that are important to the character of the city and its neighborhoods;
(2) Protect the public's safety by allowing hazardous tree removal; and
(3) Allow for tree removal, or tree mass reduction, as necessary to allow for residential developments and supporting solar arrays.
(B) Tree permit exemptions.
(1) By-right tree removals.
(a) Removal, relocation, topping, or any other act that causes the destruction of a tree or trees not defined as a protected tree in § 155.304.140(D) does not require a tree permit or conditional use permit.
(b) The removal, relocation, or any other act that causes the destruction of any protected tree or trees defined in § 155.304.140(F) from within 15 feet of the footprint of a proposed structure, and within the boundary of the associated access road, provided the trees are identified on the project's site plan, is allowed by-right with a zoning clearance.
(2) Hazardous trees.
(a) Emergencies. The removal, relocation, topping, or crown reduction by more than 20% of a hazardous protected tree or trees that would otherwise require a tree permit is exempt from the provisions of this subsection only in case of an emergency, where a member of a law enforcement agency, the Humboldt Bay Fire District, the Public Works Director, or the Director, based on a report from an arborist or Registered Professional Forester (RPF), determines a tree is hazardous and presents an immediate danger of collapse and poses an imminent threat to the public safety or general welfare. A zoning clearance is required.
(b) Reduction of tree mass. When recommended in a report prepared by an arborist or a RPF, a hazardous protected tree or trees may have its mass reduced to protect property values and to address safety concerns and does not require a tree permit. A zoning clearance is required.
(c) Dead/Dying trees. The removal of a hazardous protected tree or trees that would otherwise require a tree permit is exempt from the provisions of this subsection when a report prepared by an arborist or a RPF determines the tree is dead, or dying with no hope of recovery, and is a danger to public safety, general welfare, and/or the health of adjacent trees. A zoning clearance is required.
(3) Solar access. When verified in a report prepared by an arborist or a RPF, a protected tree or trees that hinder direct sunlight for solar energy systems may have their mass reduced to provide solar access. A zoning clearance is required.
(C) Tree permit required. A tree permit is required to relocate, remove, cut down, top, reduce the crown by more than 20%, or undertake any other act that causes the destruction of a protected tree identified in § 155.304.140(D), except as provided in division (B) (Tree Permit Exemptions) of this subsection. Hazardous trees or trees removed for solar access are not counted in the number of trees removed per division (E) of this subsection.
(D) Protected trees. A protected tree includes any of the following:
(1) A tree species listed in § 155.304.140(D)(2) with a 24-inch diameter, or a circumference of 75 inches, as measured four and one-half feet above the ground.
(2) Protected tree species include:
(a) Big Leaf Maple (Acer macrophyllm)
(b) Bishop pine (Pinus muricata)
(c) Black Cottonwood (Populus trichocarpa)
(d) California Laurel (Umbellularia californica)
(e) Coast live oak (Quercus agrifolia)
(f) Douglas fir (Pseudotsuga menziesii)
(g) Grand fir (Abies grandis)
(h) Incense cedar (Calocedrus decurrens)
(i) Jeffrey pine (Pinus jeffreyi)
(j) Madrone (Arbutus menziesii)
(k) Monterey Cypress (Cupressus macrocarpa)
(l) Pacific wax myrtle (Morelia californica)
(m) Ponderosa pine (Pinus ponderosa)
(n) Port Orford cedar (Chamaecyparis lawsonia)
(o) Red Alder (Alnus rubra)
(p) Red fir (Abies magnifica)
(q) Redwood (Sequoia sempervirens)
(r) Sitka spruce (Picea sitchensis)
(s) Sugar pine (Pinus lambertiana)
(t) Western red cedar (Thuja plicata)
(u) Western hemlock (Tsuga heterophylla)
(v) Western white pine (Pinus monticola)
(w) White fir (Abies concolor)
(E) Maximum number removed. No more than five protected trees may be relocated, removed, topped, or crowned by more than 20% every ten years with the issuance of a tree permit except as allowed by division (B) (Tree Permit Exemptions) of this subsection.
(F) Conditional use permit required. The relocation, removal, topping, or crowning by more than 20%, of more than five protected tree species within a ten-year period is considered a timber harvest and requires Planning Commission approval of a conditional use permit.
(G) Review authority.
(1) Tree permits. The Director reviews and takes action on tree permit applications.
(2) Conditional use permits. The Planning Commission reviews and takes action on conditional use permit applications.
(H) Findings for approval. To approve a tree permit or a conditional use permit for tree removal, the review authority must make all the following findings:
(1) Approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council.
(2) Measures have been incorporated, if necessary, into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this division.
(3) The removal of a healthy tree cannot be avoided by redesign of the site plan prior to construction or trimming, thinning, tree surgery, or other reasonable treatment, as determined by the Director.
(4) Adequate provisions for drainage, erosion control, land stability, windscreen, and buffers along any road and between neighbors have been made where these problems are anticipated as a result of the removal.
(5) Tree(s) to be removed between February 1 and August 15 of each year have been surveyed by a qualified professional, and a report has been provided to the city indicating removal of the trees will not impact active nesting or roosting sites of a listed bird species or bird species of special concern.
(I) Conditions of approval. Approval of a tree permit or a conditional use permit for tree removal must include conditions of approval as necessary to ensure compliance with this division and all other applicable provisions of the zoning code. Conditions of approval may include, but are not limited to:
(1) Requiring removal of invasive or noxious vegetation (e.g. English ivy) from other trees on the applicant's property;
(2) Allowing for the removal of non-native trees adjacent to natural areas if replaced with an appropriate native tree;
(3) Requiring tree replacement(s) for any tree(s) removed through a tree permit; and
(4) Weekday hours of operation.
(J) Timing of removal of large-stature trees. A tree with a height of 150 feet or more may require evaluation to determine if active nesting or roosting sites for listed bird species, or bird species of special concern are occurring within the subject or immediately adjacent tree(s) if the projected tree removal dates are between February 1 and August 15 of each year. If such active nesting or roosting activities are occurring during the projected tree removal dates, the review authority can deny the request or require further environmental review.
(K) Other approvals. An encroachment permit approved by the Public Works Department, and approval from CalFire or other state agencies may be required to remove any tree, including by-right, protected, hazardous, and/or solar access trees.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 911-C.S., passed 12-15-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) Purpose. This subsection establishes regulations to allow for short-term vacation rentals within residential zoning districts. These regulations are intended to:
(1) Minimize adverse impacts that could result from vacation rental uses in residential neighborhoods;
(2) Ensure that vacation rentals do not significantly impact the supply of permanent housing available to Eureka residents;
(3) Provide opportunities for homeowners to generate supplemental income by renting individual rooms or entire residential units to visitors;
(4) Provide visitors with a range of lodging options to support the local tourism economy; and
(5) Ensure the city is able to collect transient occupancy taxes (TOT) and other taxes as required by city ordinances.
(B) Applicability.
(1) This subsection applies to dwelling units, or portions thereof, located in a residential zoning district that are rented to transient patrons for 30 consecutive days or less.
(2) This subsection does not apply to lodging uses in a residential unit in a mixed-use or other non-residential zoning district. All lodging uses outside of a residential zoning district are regulated as a commercial lodging use, regardless of whether the lodging use occupies or replaces an existing residential or commercial use.
(C) Types of vacation rentals. This subsection allows for two types of vacation rentals:
(1) Proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, with the proprietor in residence on the site for the duration of the rental. Includes bed and breakfast establishments where meals are provided.
(2) No proprietor on-site. The rental of an entire dwelling unit, or any portion of a dwelling unit, when the proprietor is not a resident on-site during any portion of the duration of the rental.
(D) Rental of accessory dwelling units, second single-family homes in the RE and R1 zoning districts, and new single-family homes resulting from urban lot split subdivisions.
(1) An accessory dwelling unit that received a certificate of occupancy after January 1, 2020 may not be utilized as a vacation rental.
(2) A second single-family home created on a parcel in the RE or R1 zoning district pursuant to Cal. Gov’t Code § 65852.21 may not be utilized as a vacation rental.
(3) A single-family home created on a parcel resulting from an urban lot split subdivision may not be utilized as a vacation rental.
(E) Maximum number per year.
(1) The number of vacation rentals with no proprietor on-site permitted/licensed each year may not exceed the annual limit set by the City Council. Alternatively, the total number of vacation rentals with no proprietor on-site permitted/licensed by the city may not exceed the total limit set by City Council.
(2) Vacation rentals with a proprietor on-site are exempt from the annual limit for new vacation rentals.
(F) Permits required.
(1) Vacation rental permit. A vacation rental permit is a ministerial approval by the Department to confirm that a proposed vacation rental complies with all applicable standards.
(2) Minor use permit. See Table 204-1 in § 155.204 (Residential Zoning Districts) for types of vacation rentals that require a minor use permit.
(3) Home occupation permit. Vacation rental operators may require a home occupation permit. See § 155.304.070 (Home Occupations).
(4) Business license. Vacation rental operators must acquire and maintain a city business license.
(5) Vacation rental agreement. Prior to receiving a business license, each vacation rental operator must sign a statement that they have read, understand, and will comply with the city's vacation rental requirements.
(G) City taxes. All vacation rental uses are subject to a transient occupancy tax ("TOT") and any other mandated taxes. Each vacation rental owner, proprietor, and/or manager must comply with Municipal Code § 35.070, which addresses the collection, record keeping, reporting and remittances of applicable TOT.
(H) Standards for all vacation rental uses. The following standards apply to vacation rental uses.
(1) Inspections.
(a) All vacation rental uses must be inspected to residential standards by the Building Department prior to approval.
(b) If the dwelling unit was previously inspected by the Building Department within one year of the vacation rental application, the Building Official may waive the requirement for a new inspection.
(2) Parking.
(a) No on-site parking is required to utilize an existing residential use as a vacation rental use.
(b) Except to allow conversion to an accessory dwelling unit as provided by § 155.316 (Accessory Dwelling Units), if on-site parking exists at the time the vacation rental use is established, that parking may not be removed while the vacation rental use remains in operation.
(3) Events. Vacation rentals are limited to six events (e.g., wedding receptions, graduation parties) per year. Event attendance may not exceed the total occupant limit for the property as allowed by the Building Code and may not create a noise nuisance in violation of Municipal Code § 94.02 (Loud Noises Unlawful). Vacation rental operators may further limit the number of events.
(5) Maximum number per lot. The number of residential units and/or vacation rentals on a lot may not exceed the maximum allowed by the density established in Tables 204-2 and 204-3 in § 155.204 (Residential Zoning Districts).
(6) Maximum occupants. The maximum number of occupants allowed in a vacation rental may not exceed two persons per bedroom plus an additional two persons (e.g., a two-bedroom unit may have six occupants). Children aged 12 and under are not counted toward the occupancy total.
(7) Emergency contact.
(a) Each applicant for a vacation rental with no proprietor on-site must designate a local emergency contact person on the application form, including a 24-hour-emergency contact phone number.
(b) The emergency contact person may be the property owner, property manager, or designee, and must live within 50 miles of the city limits.
(c) The Department will provide the emergency contact information to all neighboring properties within 200 feet of the use and to the Eureka Police Department.
(d) The property owner must immediately notify the Department in writing of any changes to the designated emergency contact information.
(8) Fire Department access. Properties with gated entries must have a Fire Department approved device that allows emergency response vehicles and personnel to enter the property.
(9) Lapse of vacation rental permit.
(a) Vacation rental permits shall be subject to annual review and no-fee renewal by the Department.
(b) A vacation rental permit shall lapse and become void by February 1 of each year, unless the business license for the vacation rental is renewed and in good standing, all applicable taxes and fees are paid, and there are no outstanding Police, Fire, or Building Department violations.
(c) If a vacation rental permit lapses, a new vacation rental permit shall be required.
(d) Unless a lapse occurs, approval of a vacation rental permit shall run with the land and shall be fully transferable to the new property owner, provided the new property owner obtains a business license within two months of the purchase of the property.
(I) Enforcement. A permit or approval for any vacation rental use may be revoked in accordance with § 155.428 (Enforcement and Penalties) and as follows:
(1) The Director may revoke a permit for a vacation rental use upon finding one or more of the following:
(a) The proprietor, property owner, or emergency contact has been negligent in responding to an emergency situation more than two times in a rolling 12-month period.
(b) More than two documented law enforcement violations related to the vacation rental have occurred in a rolling 12-month period.
(c) The vacation rental use has been chronically non-compliant with the requirements of this subsection.
(d) The vacation rental owner has failed to pay required transient occupancy taxes despite warnings from the Finance Department.
(e) The proprietor or property owner has failed to correct noted Building or Fire Code violations.
(2) Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, Finance Department, or Building Department.
(Ord. 938-C.S., passed 11-1-22)
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