September 2023 Inland Zoning Code Update
Summary
SCH Number
2023100557
Public Agency
City of Eureka
Document Title
September 2023 Inland Zoning Code Update
Document Type
NOE - Notice of Exemption
Received
Posted
10/20/2023
Document Description
On October 17, 2023, the Eureka City Council adopted Bill No. 1032-C.S., “An Ordinance of the City of Eureka amending portions of Eureka Municipal Code Chapter 155 for the September 2023 Zoning Code Update” (originally effective June 20, 2019)
which generally consists of corrections to errors and inconsistencies, minor additions to improve code readability and address omissions, clarifications addressing questions of interpretation, and changes necessary for compliance with State laws. There are also changes proposed to help the City earn a “Prohousing Designation” from the California Department of Housing and Community Development (HCD), including reducing the deadline for City action on accessory dwelling unit applications from 60 to 45 days, as well as adding language to ensure the City’s density bonus provisions (155.344) will be applied consistent with State Density Bonus Law (CA Govt. Code 65915 et seq.). The changes are intended to better implement the vision, goals and policies of the 2040 General Plan, and have been reviewed to ensure the Zoning Code remains internally consistent.
Contact Information
Name
Cristin Kenyon
Agency Name
City of Eureka
Job Title
Development Services Director
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Eureka
Counties
Humboldt
Regions
Citywide
Cross Streets
Inland portion of the City of Eureka (not the Coastal Zone portion)
Notice of Exemption
Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
In 2018, the City of Eureka prepared the City of Eureka 2040 General Plan Update Program EIR (State Clearinghouse #2016102025) in its capacity as lead agency and in compliance with CEQA. The EIR consisted of the Notice of Preparation, the Draft EIR including technical appendices, the Responses to Comments, Final Corrections and Additions, and the Project Findings and Statement of Overriding Considerations. The City of Eureka 2040 General Plan EIR was certified by the City Council on October 15, 2018, at the same time the General Plan was adopted. In order to adopt the 2019 Zoning Code Update and pursuant to Public Resources Code §21166 and §15162 of the CEQA Guidelines, an Environmental Impact Report Addendum was prepared and accepted by Council in May 2019.
The Lead Agency has determined that the project is exempt from CEQA pursuant to the CEQA Guidelines, §15061, where the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the Text Amendment does not modify the intent, purpose or general applicability of Chapter 155, and because proposed changes are aligned with and implement the vision, goals and policies of the 2040 General Plan, adoption of the amendment will have no significant effect on the environment. Staff has reviewed the zoning code revisions currently proposed, and has determined the amendment does not meet any of the conditions required by CEQA to prepare a subsequent EIR or even another addendum.
County Clerk
Humboldt
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. For more information, please visit OPR’s Accessibility Site.