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(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:
(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)).
(C) Exemptions. The following projects are exempt from design review:
(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
(c) Infrastructure and utility 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)
(Ord. 885-C.S., passed 5-21-19)
(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.
Standards | Allowed Deviation | |
Minor Infill Incentive Permit | Major Infill Incentive Permit | |
Standards | Allowed Deviation | |
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: [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
(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;
(c) Any portion of the lot is within 600 feet of a school;
(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)
(A) Purpose. A minor modification allows for small deviations from development standards to accommodate projects that are compatible with and appropriate for the area where they are located.
(B) When allowed.
(1) Permitted modifications.
(a) The Director may approve a minor modification to allow deviation from a physical development standard that applies to the subject property. Examples of physical development standards include lot area, site coverage, building height, setbacks, fence and wall height, floor area ratio (FAR) and on-site parking space dimensions.
(b) The maximum deviation allowed with a minor modification is 10% of the standard; except that, fence and wall height deviation may be increased by up to 20% with a minor modification.
(2) Calculating allowed deviations. The maximum deviation allowed with a minor modification is calculated as 10% of the amount, distance or area required by the standard. For example, if the maximum permitted height is 30 feet, up to three additional feet (10% of 30 feet) may be allowed with a minor modification.
(3) Modifications not allowed. A minor modification may not be granted to allow deviation from:
(a) The General Plan;
(b) Increased residential density;
(c) Required parking spaces; and
(d) Design standards with no quantified standard (e.g., building entries facing the street).
(C) Review authority. The Director reviews and takes action on minor modification applications.
(D) Applications. An application is not required for a minor modification. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance or discretionary approval.
(E) Public notice and hearing. None required.
(F) Findings for approval. To approve a minor modification application, the Director must make all of the following findings:
(1) The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located;
(2) The modification is consistent with the purpose of the zoning district, the General Plan, and any applicable specific plan or area plan adopted by the City Council;
(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and/or enjoyment of their property; and
(4) The adjustment will not be materially detrimental to the public health, safety or welfare.
(G) Effect of decision. A Director decision on a minor modification is based on the merits of an individual application. Approval of a minor modification does not establish a precedent for future similar applications.
(Ord. 885-C.S., passed 5-21-19)
(A) Purpose. This section establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12955 et seq.). A reasonable accommodation is typically a ministerial adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
(B) When allowed.
(1) Eligible applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of the Zoning Code or other land use or building regulation, policy or practice acts as a barrier to fair housing opportunities.
(2) Definition. A PERSON WITH A DISABILITY is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment.
(3) Eligible request. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers.
(C) Review authority. The Director takes action on all reasonable accommodation applications.
(D) Application requirements. A request for reasonable accommodation must be submitted in compliance with § 155.408 (Permit Procedures).
(E) Application review.
(1) The Director must make a written determination to either grant, grant with modifications or deny a request for reasonable accommodation.
(2) If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws.
(F) Criteria for decision. To approve a reasonable accommodation request, the Director must make all of the following findings:
(1) The housing subject to the request will be used by an individual with disabilities protected under fair housing law;
(2) The request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law;
(3) Potential impacts on surrounding uses are acceptable;
(4) Physical attributes of the property and structures reasonably allow for the accommodation; and
(5) Availability of other reasonable accommodations that may provide an equivalent level of benefit have been assessed.
(G) Conditions of approval.
(1) In approving a request for reasonable accommodation, the Director may impose conditions of approval to minimize impacts on surrounding uses and ensure consistency with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council.
(2) A reasonable accommodation approval may be conditioned to provide for its automatic expiration and/or removal under appropriate circumstance (e.g., the disabled resident vacates the property).
(Ord. 885-C.S., passed 5-21-19)
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