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(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)
(A) Minimum lot area.
(1) All newly-created lots must comply with the minimum lot area requirements for the applicable zoning district in the Zoning District Standards subchapter unless otherwise allowed by the Zoning Code. Minimum lot area requirements do not apply to existing lots.
(2) Minimum lot area requirements do not apply to individual condominiums or townhouse units, but instead apply to the creation of the entire site that is the location of the condominium or townhouse project.
(3) A lot line adjustment may not:
(a) Reduce the area of an existing lot to less than the minimum area for the applicable zoning district; or
(b) Further reduce the lot area for existing lots that do not comply with the minimum lot area for the applicable zoning district.
(B) Lot dimensions and configuration.
(1) Lots are not subject to minimum width and depth requirements.
(2) To approve a lot line adjustment or subdivision, the Director (or Planning Commission for subdivisions creating five or more lots) must find that the resulting lots, excluding remainder parcels, are “buildable.” A BUILDABLE LOT means a lot with a building site that can reasonably accommodate a structure in compliance with the minimum setbacks, lot coverage and other development standards for the applicable zoning district.
(C) Street frontage and access.
(1) Residential lots.
(a) Newly created lots in a residential zoning district must have frontage on and take direct access from a public street, an alley or recorded access easement.
(b) If vehicle access is not possible due to the location of existing buildings or other physical site features, the lot must be served by a minimum four-foot wide dedicated pedestrian accessway. Such cases must receive approval from the Fire Marshal of Humboldt Bay Fire District.
(2) Commercial or industrial lots. Commercial or industrial lots must either have public-street frontage or appropriate access provided by way of common/reciprocal easement (e.g., a vehicle access easement in a shopping center parking lot).
(Ord. 885-C.S., passed 5-21-19)
(A) Additional story - mixed-use zoning districts. In all mixed-use zoning districts, up to 20% of the building footprint may contain one additional story with habitable space above the maximum permitted building height. In no case may the project exceed the maximum floor area ratio in the applicable zone.
(B) Projections allowed by-right. The following building features may project above the maximum permitted building height in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required:
(1) Non-habitable decorative features such as spires, steeples, belfries, cupolas and domes;
(2) Parapets, fire escapes, catwalks and open guard rails required by law;
(3) Skylight, chimneys and vent stacks;
(4) Photovoltaic panels and wind energy systems;
(5) Rooftop equipment and enclosures;
(6) Elevator shafts and stair towers;
(7) Building-mounted wireless telecommunications facilities as allowed by Ch. 159 (Wireless Telecommunication Facilities);
(8) Amateur radio facilities and receive-only radio and television antennas;
(9) Flag poles; and
(10) Other similar building features as determined by the Director.
(C) Maximum height. A projection above the maximum permitted building height may not exceed the maximum height necessary to perform its intended function as determined by the Director.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)
(A) Building features.
(1) In residential zoning districts, the following building features may project a maximum of three feet into required setbacks, but may not cross property lines without an easement or encroachment permit:
(a) Cornices, awnings, eaves, and other similar roof projections;
(b) Bay windows, balconies, sills, louvers, fireplaces, chimneys, and similar wall projections;
(c) Unenclosed balconies, decks, stairways, fire escapes, and other emergency egress structures (all unenclosed); and
(d) On demand water heaters, utility meters and/or connections, and other equipment normally associated with a structure.
(2) In residential zoning districts, the total length of all building wall projections (excluding eaves and other roof projections) in required setback areas may not exceed 50% of the length of the wall to which the projection is attached. See Figure 308-1.
(3) In non-residential zoning districts, a building feature may extend across a property line into the public right-of-way with an encroachment permit.
(B) Site features.
(1) The following site features and accessory structures may be located within required setbacks:
(a) At-grade flatwork such as concrete paving and patios;
(b) Landing places, patios, steps and decks 18 inches or less above grade;
(c) Wheelchair ramps and similar features for the disabled;
(d) Trellis structures and arbors up to ten feet in height and at least 50% transparent. See Figure 508-1 and 508-8 in § 155.508 (Glossary) for examples of a trellis and an arbor;
(e) Retaining walls, seating, planter boxes and other similar landscaping features up to four feet in height;
(f) Decorative ornamental features up to six feet in height;
(g) Children’s play equipment, movable dog house and similar moveable objects;
(h) Movable sheds, greenhouses and other similar buildings without a foundation, less than 120 square feet, and without electrical, water or sewer connections;
(i) Rain harvest tanks up to eight feet in height; and
(j) Ground-mounted mechanical and utility equipment up to 36 inches in height.
(2) The following accessory structures must be set back a minimum of five feet from side and rear property lines, and may not be located within a front or exterior side setback:
(a) Swimming pools, hot tubs, spas, fire pits, outdoor kitchens and other similar entertainment features.
(b) Emergency generators.
(c) Pergolas. See Figure 508-6 in § 155.508 (Glossary) for an example of a pergola.
(3) Emergency generators.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. For the purpose of traffic safety, properties must provide vision clearance areas (also known as sight visibility triangles) at the intersections of streets, driveways and alleys as required by this section and Municipal Code § 71.55 (Height of Obstructions). These requirements apply only to fences, walls, landscaping, trees, signs and other similar objects. These requirements do not apply to homes, garages and other buildings that comply with the minimum setback standards of the applicable zoning district.
(B) Non-conformities. Properties non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non- conforming Site Features).
(C) Vision clearance areas defined.
(1) Streets intersections. The intersection vision clearance area is the area formed by measuring 20 feet along the two intersecting corner lot lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 308-2.
(2) Driveways/alleys. The driveway/alley vision clearance area is the area formed by measuring five feet along the edge of the driveway/alley and the lot line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 308-2.
(D) Maintenance of sight lines. No fence, wall, landscaping, vehicle or object over 36 inches in height may be placed within a vision clearance area, except as allowed by division (G) below.
(E) Pruned trees. Trees pruned at least ten feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision clearance area.
(F) One-way streets. Vision clearance areas are required at the intersection of one or more one-way streets where sight visibility triangles are needed for traffic safety purposes, as determined by the Director.
(G) Exceptions.
(1) The Director, in consultation with, and concurrence by the Public Works Director and Chief of Police, may approve an administrative adjustment to allow an exception to the vision clearance area requirement.
(2) To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that compliance with the vision clearance area standard is unnecessary for traffic safety.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
(A) Purpose. This division establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
(B) Applicability. The standards in this division apply to all outdoor lighting in Eureka.
(C) Exceptions.
(1) Lighting installed and maintained by the city, another public agency, or a public utility;
(2) Athletic field lights used within a school campus or public or private park;
(3) Temporary construction and emergency lighting;
(4) Seasonal lighting displays related to cultural or religious celebrations; and
(5) Low intensity string lights.
(D) Administrative adjustments. The Director may approve an administrative adjustment to allow deviations from the standards in this division. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and one of the following additional findings:
(1) The modification to the lighting standard is necessary for public safety or security purposes; or
(2) The modification allows for creative accent lighting of building and/or site features visible from public vantage points, and the lighting has been designed to minimize light pollution.
(E) Nonconformities. Properties nonconforming to this division must be brought into conformance when required by § 155.412.030 (Non-conforming Site Features). This standard does not apply to single-family uses or interior remodels with no exterior changes to the structure.
(F) Fixture types. All lighting fixtures must be shielded or recessed so the lighting source is not directed toward other structures, wildlife habitat, adjoining properties, or the public right-of-way. All fixtures must meet the International Dark Sky Association's (IDA) requirements for reducing waste of ambient light ("dark sky compliant") and the California Green Building Standards Code.
(G) Light trespass.
(1) Lights must be directed downward and away from adjacent lots and nearby wildlife habitat to minimize illumination of adjacent properties, nearby wildlife habitat, and the public right-of-way to the maximum extent possible.
(2) Direct or sky-reflected glare from floodlights may not be directed into an adjacent property or the public right-of-way.
(3) No lighting may produce an illumination level greater than one foot-candle on any adjacent residential property.
(H) Prohibited lighting. The following types of exterior lighting are prohibited:
(1) Bare bulbs without fixtures or hoods;
(2) Mercury vapor lights; and
(3) Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
(J) Residential zoning districts.
(1) Light fixtures in any residential zoning district may not exceed a height of 16 feet. Motion sensor lights, light fixtures used to light upper floor decks and balconies, and exterior stairs leading to upper floors, must be directed downward and away from adjoining properties and the right-of-way, and may exceed the 16-foot height limitation.
(2) Multi-family residential development with more than four units must provide lighting along all on-site vehicular access ways and pedestrian walkways.
(3) Lighting of at least one-foot candle must be provided within all covered and enclosed parking areas serving multi-family uses.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
(A) Screening requirement. In the mixed-use and industrial zoning districts, a solid wall or fence at least six feet high must be provided on all interior side and rear lot lines that abut a residential zoning district. Bushes, vines and other vegetation may be incorporated into the design of required fences.
(B) Non-conformities. Properties non-conforming to division (A) above must be brought into conformance when required by § 155.424.030 (Non-Conforming Site Features).
(C) Parking lot screening. See also § 155.324.060(K) (Screening) for parking lot screening standards.
(Ord. 885-C.S., passed 5-21-19)
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