§ 155.412.030 ADMINISTRATIVE ADJUSTMENTS.

(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)

§ 155.412.050 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)

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