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(A) Purpose. This section allows for subdivision of RE and R1 zoned lots and development of housing pursuant to Cal. Government Code §§ 65852.21 and 66411.7.
(1) Where allowed. Urban lot split subdivisions are permitted on any parcel zoned RE (Residential Estate) or R1 (Residential Low) provided:
(a) The original lot area is at least 2,400 square feet;
(b) The lot is not listed on the State or Local Register of Historic Places or located within a designated historic district;
(c) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split subdivision as provided under Cal. Government Code § 66411.7;
(d) The parcel has not been established through a prior urban lot split subdivision; and
(e) A maximum of one single-family residence, one JADU and either one additional single-family residence or one ADU are allowed on a lot that is subdivided using the authority contained in Cal. Government Code § 66411.7. No other use types are allowed.
(2) Optional/not mandatory. Urban lot split subdivisions are an available option, not a mandatory requirement. Lots in the RE and R1 zoning districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in § 155.332.040.D (Development Standards).
(3) Approvals required. Urban lot split subdivisions require ministerial city approval of a parcel map as required by the California Subdivision Map Act and Municipal Code Chapter 154 (Subdivision Regulations). Proposed urban lot split subdivisions must be clearly identified as such on the parcel map.
(4) Development standards.
(a) Resulting minimum lot area.
1. The minimum lot area for a lot resulting from an urban lot split subdivision is 1,200 square feet; and
2. The resulting minimum lot area must be at least 40% of the original lot area. For example, if the original lot is 5,000 square feet, the smallest resulting lot must be at least 2,000 square feet, or 40% of the original lot area. If the original lot is 3,000 square feet, then the smallest resulting lot must be at least 1,200 square feet.
(b) Minimum setbacks and other standards. See Table 204-2.2 for minimum setback and other development standards for urban lot split subdivisions.
(c) Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.
(d) Parking. On-site parking is not required. If on-site parking is provided, the parking must be consistent with § 155.324 (Parking), and garages and carports must be setback as provided in Table 204-2.2.
(B) Other requirements.
(1) Short-term rental. Rental of any unit created pursuant to an urban lot split subdivision must be for a term longer than 30 days.
(2) Owner occupancy. An applicant for an urban lot split subdivision shall sign an affidavit stating the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split subdivision.
(Ord. 931-C.S., passed 2-15-22)
(A) Purpose. This section allows for residential conservation subdivisions to preserve open space and accommodate creative site plans on lots where development is constrained by gulches, trees, steep slopes and other physical features. See Figure 332-5 for an example conservation subdivision in the RE Zoning District.
(B) Eligibility. Conservation subdivisions are permitted in any residential zoning district on lots 10,000 square feet or more.
(C) Approvals required. Conservation subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed conservation subdivisions must be clearly identified as such on the tentative map.
(D) Development standards.
(1) Lot size.
(a) There is no minimum lot size within a conservation subdivision, provided the overall density of the subdivision does not exceed the maximum density of the applicable zoning district.
(b) Project density is calculated using the number of homes, not the number of lots, and includes all open space areas. See Figure 332-5.
(2) Setbacks.
(a) There are no minimum setbacks from lot lines within a conservation subdivision that do not abut a property outside of the conservation subdivision. See Figure 332-5.
(b) The applicable zoning district will govern setbacks from lot lines that abut a property outside of the conservation subdivision.
(3) Height. Buildings within a conservation subdivision may not exceed a maximum height of 35 feet.
(4) Site coverage. There is no maximum site coverage for individual lots within a conservation subdivision.
(5) Floor area ratio. The maximum floor area ratio in a conservation subdivision is as required by Table 204-2 in § 155.204 (Residential Zoning Districts).
(E) Allowed land uses. The applicable zoning district will govern allowed land uses in a conservation subdivision.
(F) Conservation area. Dedicated conservation areas within a conservation subdivision must be separated from residential parcels and comply with the following standards:
(1) Open space minimums. A conservation subdivision project must designate a minimum of 50% of the total project site as permanent open space. See Figure 332-5
.
(2) Conservation easement required. Designated open space must be guaranteed in perpetuity using one or more of the following control mechanisms:
(a) Dedication of a conservation easement to a public agency or a public interest land trust;
(b) Dedication of land in fee-title to a public agency; or
(c) Deed restrictions recorded with the County Recorder.
(3) Use of conservation area. Conservation areas will remain as undeveloped open space in accordance with the following:
(a) Development is prohibited within a conservation area, except for development necessary for natural resource protection and restoration as determined by the Director;
(b) Animal grazing and crop production is allowed in a conservation area consistent with Municipal Code Ch. 91 (Animals). Accessory structures serving an agricultural use, such as pole barns, are allowed;
(c) Trees may not be removed within a conservation area, except as allowed by § 155.304.140 (Tree Removal); and
(d) A subdivider or property owner is not required to provide public access to a conservation area.
(4) Contiguity. Fragmentation of dedicated open space areas must be avoided. Dedicated open space areas must be consolidated or linked to facilitate wildlife movement, maintain functioning biological communities and accommodate agricultural activity where appropriate. Open space connections to adjoining land beyond the project site should be anticipated and identified where possible.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
This § 155.336 establishes standards for temporary uses and structures to allow for appropriate short-term events and activities while limiting impacts on neighboring properties and the general public.
(Ord. 885-C.S., passed 5-21-19)
(A) Applicability. This section applies to all temporary uses and structures in Eureka.
(B) Permit requirements. Specific types of temporary uses and structures are allowed either:
(Ord. 885-C.S., passed 5-21-19)
(A) Standards for all temporary uses and structures. All temporary uses and structures must comply with the following standards.
(1) Encroachment permit. Temporary uses and structures may not be located in the public right-of-way without an encroachment permit.
(2) Business license required. Any person engaging in commercial activity or conducting a business in any manner as part of a temporary use must obtain a City of Eureka business license.
(3) Nuisance. A temporary use or structure may not constitute a public nuisance as defined in Municipal Code § 150.163 (Public Nuisance Specified).
(4) Obstructions. A temporary use or structure may not obstruct pedestrian or vehicular traffic or block a driveway or alleyway.
(5) Trash and litter. Temporary uses must provide on-site trash receptacles as needed to keep the site free of trash and debris.
(6) Site condition after use. Upon completion and removal of a temporary use, the site must be cleaned of debris and litter and returned to its original state. Temporary uses and structures may not result in permanent alterations to the site.
(7) Other applicable requirements. Temporary uses and structures must comply with all other applicable standards in the Zoning Code and Municipal Code, including, but not limited to:
(B) Applicant agreement. An applicant requesting approval of a temporary use or structure requiring a zoning clearance must agree in writing to comply with all applicable standards as provided in this section.
(Ord. 885-C.S., passed 5-21-19)
The following temporary uses and structures are allowed without a zoning clearance or any other form of Department approval:
(A) On-site construction yards and equipment. A construction yard on the same site as an approved construction project, including a trailer or modular unit used for security personnel, storage, office or other similar temporary use, dumpsters and other construction equipment. Construction yards, trailers and equipment must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first;
(B) Garage sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales;
(C) Portable moving and storage containers. Moving and storage containers delivered to a home, loaded by residents and delivered to another location, for a maximum of two weeks on private property. Containers placed in a street must comply with the City of Eureka Traffic Code Ch. 72 (Stopping, Standing and Parking);
(D) Dumpsters. Dumpsters used to collect and store debris from building demolition and property clean-up activities are allowed on private property for the duration of the building permit or 30 days;
(E) Outdoor fundraising events. Outdoor fundraising events on commercial sites when sponsored by a non-profit organization directly engaged in civic or charitable efforts. Outdoor fundraising events are limited to two days each month for each sponsoring organization;
(F) Catering. Mobile food vendors operating as caterers to private events when food or beverages are not sold to the general public; and
(G) Recreational vehicles (RVs).
(1) A recreational vehicle (RV), motor home, camper or other similar vehicle as follows:
(a)
Used for living and sleeping purposes on a site with an active building permit for a construction project associated with an existing, or proposed single-family home. Vehicles may be occupied only by the property owner and the property owner’s family. Vehicles must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first.
(b) Used for temporary living and sleeping purposes when associated with a single-family home (e.g., visiting relatives) for a maximum of 14 consecutive days and a maximum of 45 days per calendar year.
(c) Used for emergency housing during a declared shelter crisis on city-owned or -leased properties specifically designated as safe parking facilities under the city's shelter crisis declaration.
(2) A recreational vehicle (RV), motor home, camper or other similar vehicle located outside of a legally established recreational vehicle park may not be used for living or sleeping purposes, except as allowed in division (G)(1) above.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)
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