Chapter 9.28
Combining Zones Revised 7/17

Sections:

9.28.010    Purpose

9.28.020    Applicability of Combining Zones

9.28.030    Repealed

9.28.040    Historic Landmark (:HL) Combining Zone

9.28.050    Natural Hazards (:NH) Combining Zone Revised 3/17

9.28.060    Neighborhood Conservation Area (:NCA) Combining Zone

9.28.070    Planned Development (:PD) Combining Zone

9.28.080    Plaza Area (:PA) Combining Zone

9.28.090    Special Considerations (:SC) Combining Zone

9.28.100    Wetland Protection (:WP) and Stream Protection (:SP) Combining Zones

9.28.110    Housing For Homeless (:HH) Combining Zone

9.28.120    Creamery District (:CD) Combining Zone

9.28.130    Medical Marijuana Innovation Zone (:MMIZ) Combining Zone Revised 7/17

9.28.010 Purpose

The provisions of this Chapter regulate development and new land uses in the combining zones established by Section 9.12.020 (Zoning Map and Zoning Districts). Combining zones are applied to property in conjunction with a primary zoning district (for example, RVL:NH on the Zoning Map would indicate that a site is designated Residential - Very Low Density (RVL), and is also within the Natural Hazards combining zone (:NH)), to note where important site, environmental, safety, compatibility, and/or design issues require particular attention in project planning and design. The combining zones provide guidance for development within the combining zones through standards that apply to proposed development in addition to the standards and regulations of the primary zoning district. (Ord. 1432, eff. 12/20/2013)

9.28.020 Applicability of Combining Zones

The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Land Use Code. Any perceived conflict between the provisions of this Chapter and any other provision of this Land Use Code shall be resolved in compliance with Section 9.10.050 (Rules of Interpretation).

A.    Mapping of combining zones. The applicability of any combining zone to a specific site is shown by the combining Zoning Map symbol established by Section 9.12.020 (Zoning Map and Zoning Districts), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map. The combining zones are applied to property through the rezoning process (Chapter 9.92) or through the adopted zoning map.

B.    Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific combining zone:

1.    Any land use normally allowed in the primary zoning district by this Article may be allowed within a combining zone, subject to any additional requirements of the combining zone;

2.    Development and new land uses within a combining zone shall obtain the approvals required by this Article for the primary zoning district; and

3.    Development and new land uses within a combining zone shall comply with all applicable development standards of the primary zoning district, all other applicable provisions of this Land Use Code (e.g., Article 3 - Site Planning and Project Design Standards).

9.28.030 Coastal Zone (:CZ) Combining Zone

Repealed by Ord. 1432.

9.28.040 Historic Landmark (:HL) Combining Zone

A.    Purpose. The :HL combining zone is intended to assist in the protection, enhancement, perpetuation, and use of structures that are reminders of past eras, events, and persons important in local, state, or national history, or that provide significant examples of past architectural styles, or are landmarks in the history of architecture, or that are unique and irreplaceable assets to the City and the structures in the immediate neighborhood or that provide for Arcata citizens examples of the structures in which past generations lived.

B.    Applicability. The :HL combining zone is applied to property in compliance with the provisions of Chapter 9.53 (Historical Resource Preservation), and may be combined with any primary zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts).

C.    Land use and development standards. Proposed development and new land uses within the :HL combining zone shall comply with the requirements of Chapter 9.53, the primary zoning district, and all other applicable provisions of this Land Use Code.

9.28.050 Natural Hazards (:NH) Combining Zone

A.    Purpose. The :NH combining zone provides regulations for areas subject to natural hazards, to:

1.    Protect lives and property from destruction and damage, to protect the community from the costs resulting from unstable or premature development occurring in these areas;

2.    Allow development that is appropriate in these areas, in compliance with Federal Emergency Management Agency (FEMA) and California Department of Water Resources regulations for flood control, and the Alquist-Priolo Earthquake Fault Zoning Act of 1972; and

3.    Alert property owners, potential buyers and other interested parties that a high potential for risk exists.

The :NH combining zone is applied only in the highest risk categories.

B.    Applicability. The :NH combining zone may be combined with any primary zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts), and shall be combined with the primary zoning district in the following areas:

1.    Earthquake hazard areas. Earthquake fault hazard areas, including:

a.    The Alquist-Priolo Earthquake Fault Zone, as delineated by the Seismic Safety Element; and

b.    All land within 300 feet of a Potentially Active Thrust Fault, as delineated by the Seismic Safety Element.

Proposed development and new land uses in these areas shall comply with the requirements of the Geologic Hazard Review process in Chapter 9.62 (Geologic Hazard Review).

2.    Landslide hazard areas. Landslide hazard areas with high landslide risk, as delineated by the Seismic Safety Element. Proposed development and new land uses in these areas shall comply with the requirements of the Geologic Hazard Review process in Chapter 9.62 (Geologic Hazard Review).

3.    Liquefaction areas. Liquefaction hazard areas with high liquefaction potential, as delineated by the Seismic Safety Element. Proposed development and new land uses in these areas shall comply with the requirements of the Geologic Hazard Review process in Chapter 9.62 (Geologic Hazard Review).

C.    Permit requirements. Proposed development and new land uses shall comply with the planning permit requirements of the applicable primary zoning district, and the geologic hazard review process (Chapter 9.62, Geologic Hazard Review), and/or flood hazard review process in Title VIII, Chapter 4, as applicable.

1.    Geologic or other studies may be required in addition to those otherwise required for Geologic Hazard Review or Flood Hazard Review, depending on the project proposed.

2.    Site-specific reports prepared in compliance with this Section shall be considered amendments to the Seismic Safety Element maps when a conflict between the general map and a site-specific report is identified.

D.    Land use limitations. Any land use normally allowed as a permitted or conditional use in the primary zoning district by this Article may be allowed within the :NH combining zone, subject to the requirements of this Section, except as follows.

1.    Conditional uses. The following uses may be permitted with Use Permit approval (Section 9.72.080, Use Permit and Minor Use Permit):

a.    Uses that are allowed by this Article in the primary zoning district with Use Permit approval; and

b.    The construction of levees, dikes or other flood structures designed to protect property from natural flood hazards. Within the Coastal Zone, these structures shall comply with the requirements of the City’s LCP.

2.    Critical facilities. Critical facilities within the :NH combining zone are limited as follows.

a.    Critical facilities defined. For the purposes of this Section, the following are considered critical facilities:

(1)    Hazardous facilities. Hazardous substance storage reservoirs, including gasoline, natural gas, oil, industrial waste, and any other substances on the EPA list of hazardous substances.

(2)    Essential facilities. Hospitals, fire and police stations, emergency control centers, power plants, power substations, designated emergency communication facilities, schools and other similar uses that must be available to operate after an emergency.

(3)    High risk facilities. Auditoriums, hotels, large motels, major office buildings, theaters, high density apartments, and other similar uses that accommodate large numbers of people.

b.    Prohibited areas. Critical facilities are prohibited in:

(1)    The High Liquefaction Hazard Area (Category I) as shown in Seismic Safety Element; and

(2)    Coastal High Hazard Areas (Tsunami), as defined in the City’s LCP.

c.    Design standards.

(1)    Critical Facilities should be designed to function at peak efficiency after a magnitude 7.7 earthquake in the Mad River Fault Zone.

(2)    Site specific investigations, as indicated by the Geologic Hazards Review process (Chapter 9.62), shall be required prior to the construction of Critical Facilities. If it is found that engineering techniques cannot mitigate the hazards to within acceptable risk levels appropriate to the intended land use, the location of the proposed development should be reconsidered. (Ord. 1432, eff. 12/20/2013; Ord. 1484, eff. 3/17/2017)

9.28.060 Neighborhood Conservation Area (:NCA) Combining Zone

A.    Purpose. The :NCA combining zone is applied to areas identified by General Plan Policy H-4, to ensure that new construction, modifications or alterations of structures are harmonious with existing neighborhood character, and that historical resources are protected.

B.    Applicability. The :NCA combining zone may be combined with any primary zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts).

C.    Land use and development standards. Proposed development and new land uses on a site within the :NCA combining zone shall comply with the requirements of the primary zoning district, all other applicable provisions of this Land Use Code, and the provisions of this Section.

D.    Design Review requirements. The Design Review process shall be required for each structure proposed within a Neighborhood Conservation Area (NCA) including single-family structures, historic structures, and existing structures with exterior alterations or renovations except as exempted in Subsection 9.72.040 (B)(7)(b) of this Land Use Code.

1.    Considerations for review. When reviewing a project within the :NCA combining zone, the review authority shall consider the following elements:

a.    The height and mass of new structures should be roughly consistent with those of adjacent buildings;

b.    New structures should not violate an established rhythm along the street - "rhythm" refers to the relationship of building masses to the spaces between them;

c.    Certain basic architectural design elements of the new structures could reflect those of the old; for example, the facade of a new structure might be consistent with a basic vertical or horizontal orientation of the facades of its neighbors, or a new structure could have the same roof shape as surrounding buildings, or a new structure could borrow the front facade concepts that are found within the neighborhood.

d.    Landscape elements, such as walks, fences, and planting masses should be encouraged to preserve or extend continuity between structures - large trees and shrubs should be preserved.

e.    New development should take into account the location and design of existing off-street parking conditions within the neighborhood, such as driveways and garages.

2.    Finding required for approval. Design Review approval within the :NCA combining zone shall require that the review authority first find that the design of the proposed structure, alteration or addition is compatible with and does not destroy the historical or architectural character of the property and the neighborhood conservation area.

9.28.070 Planned Development (:PD) Combining Zone

A.    Purpose. The :PD combining zone is intended to allow development of land as a single unit by taking advantage of modern site planning techniques to result in a more efficient use of land and a better living environment than is otherwise possible through strict application of development standards. The objective is to provide a means for project design to more effectively respond to on-site environmental resources, adjacent neighborhood character, and community needs, than a project that is possible only in compliance with the requirements of the primary zoning district.

B.    Applicability. The :PD combining zone may be combined with any primary zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts). The :PD combining zone may provide for exceptions to development standards, including but not limited to: site coverage; density; lot area, width and depth; ground coverage; yard; height; parking; loading; sign; and landscaping requirements of the primary zoning district applicable to the site.

C.    Permit requirements. Planned Development Permit approval in compliance with Section 9.72.070 (Planned Development Permit) shall be required for all development in a :PD combining zone.

D.    Land use and development standards. Proposed development within the :PD combining zone shall comply with the land use activity requirements of the primary zoning district, and all other applicable provisions of this Land Use Code, except to the extent modified by the approved Planned Development Permit, and except as follows.

1.    Allowable density. The Planning Commission may allow an increase of up to 20 percent over the amount of floor area or number of units permitted depending upon the nature of the site and design of the structures in relation to the surrounding area.

The 20 percent increase in the permitted density or floor area is in addition to any increase permitted by Chapter 9.31 (Density Bonuses).

2.    Bike and pedestrian facilities. In addition to any required open space land, the project developer shall dedicate land for bicycle and pedestrian route facilities if the project is adjacent to or contains a proposed route in the adopted Pedestrian and Bicycle Master Plan or in the Transportation Element of the General Plan.

a.    The developer shall dedicate land for bicycle and pedestrian route facilities which are available for the use, safety, and enjoyment of the general public. The location of the land dedicated for the bicycle and pedestrian route facilities shall generally conform to the location of the proposed route as designated in the Master Plan or in the Transportation Element. The cost of any improvements installed by the developer for the bicycle and pedestrian facility may be deducted from any park-in-lieu fee or recreation fee for new construction requirements of the development.

b.    In the case of a project that is not adjacent to, or that does not contain a proposed route of an adopted system, the developer may be required to dedicate bicycle or pedestrian route facilities for the use, safety, and enjoyment of the residents of the project. The type, alignment, and location of the bicycle or pedestrian route facilities shall be appropriate to the size, character and location of the project, as determined by the Planning Commission.

c.    Where practical, the bicycle and pedestrian route facilities shall provide access to a neighboring school, playground, shopping area, or other community facility, or to an adjacent street which, in the determination of the Planning Commission, is suitable for bicycle and/or pedestrian traffic.

9.28.080 Plaza Area (:PA) Combining Zone

A.    Purpose. The :PA combining zone establishes special standards for the Plaza area to address its unique character, including its predominant architecture. In conjunction with the underlying CC (Commercial - Central) primary zoning, the standards of this Section are intended to encourage development or redevelopment in a manner consistent with the unique character of the Plaza, while maintaining compatibility with the remainder of the Central Business District.

B.    Applicability. The :PA combining zone may be applied only to parcels adjacent to and facing the Plaza. This shall include parcels within the four half-blocks opposite the sides of the Plaza and parcels opposite the four corners of the Plaza.

C.    Land use and development standards. Proposed development and new land uses within the :PA combining zone shall comply with the requirements of the primary zoning district, and all other applicable provisions of this Land Use Code, except that:

1.    Within the :PA combining zone, but not within the remainder of the CC zone, a residential use may be located only in upstairs or alley-frontage locations. Ground floor, street-frontage locations shall be used only for non-residential purposes.

2.    The vision clearance requirements of Section 9.30.040.E (Height limit at streets) do not apply within the :PA combining zone.

3.    Any new development shall incorporate an appropriate combination of project enhancements. Potential enhancements include, but are not limited to the following:

•    Special paving materials in parking lots

•    public art, including sculpture and murals

•    outdoor spaces for public use

•    street trees or street furniture

•    fountains or other water features

•    secondary pedestrian access from alleys

•    balconies or decks on upper floors

 

•    sidewalk and/or entry mosaics or decorative tile

•    special architectural features

•    flower beds

•    window boxes

•    courtyards

•    awnings

•    planted wall trellises

•    recessed entryways

9.28.090 Special Considerations (:SC) Combining Zone

A.    Purpose. The :SC combining zone is intended to identify areas of the City where certain specific parcels have unique characteristics and/or limitations that require careful consideration when development or a change of use occurs.

B.    Applicability. The :SC combining zone may be combined with any residential, commercial, industrial, or public facility zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts). When combined with a primary residential zoning district, the :SC designation shall be shown as :SCR (Special Considerations - Residential) on the Zoning Map. When combined with a primary commercial, industrial, or public facility zoning district, the :SC designation shall be shown as :SCC (Special Considerations - Commercial), :SCI (Special Considerations - Industrial), or as :SPC (Special Considerations Public Facility) on the Zoning Map.

C.    Land use and development standards. Proposed development and new land uses within the :SCR, :SCC, :SCI, and :SCP combining zone shall comply with the requirements of the primary zoning district, and all other applicable provisions of this Land Use Code, including the specific :SC combining zone requirements in Sections 9.24.070 (Residential Special Considerations), and 9.26.070 (Commercial, Industrial, and Public Facility Special Considerations).

D.    Finding required for approval. Project approval within the :SC combining zone shall require that the review authority first find that the project development and design is in conformance with the standard(s) as specified in Section 9.24.070 or Section 9.26.070 of this Land Use Code. If a finding for conformance cannot be made, then a justification based on changed circumstances or a better project design shall be made.

9.28.100 Wetland Protection (:WP) and Stream Protection (:SP) Combining Zones

A.    Purpose. The :WP combining zone is applied to sites and areas with or adjacent to wetlands. The :SP combining zone is applied to sites and areas with or adjacent to streams and tidelands. Both of the combining zones are intended to protect these significant environmental resources from destruction and degradation, and to retain and enhance the resources as valuable natural, scenic, and recreational amenities as appropriate.

B.    Applicability. The :WP and :SP combining zones are applied to property in compliance with the provisions of Chapter 9.59 (Environmentally Sensitive Habitat Area Protection and Preservation), and may be combined with any primary zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts).

C.    Land use and development standards. Proposed development and new land uses within the :WP and :SP combining zones shall comply with the requirements of Chapter 9.59 (Environmentally Sensitive Habitat Area Protection and Preservation), the primary zoning district, and all other applicable provisions of this Land Use Code.

D.    Site-Specific Standards.

a.    APNs 507-381-004, -005, and -007 (collectively, Eureka Ready Mix or ERM), and 507-381-001 (Humboldt Flake Board, which is located completely within the stream buffer area) :SP zone will allow for the continued extraction of rock product from the streambed, as permitted under ERM’s existing County extraction permit. The Stream Protection setback will be established prior to the issuance of the first discretionary permit. Existing uses on APNs -004, -005 and -007 may operate in perpetuity unless and until such time as the uses described above cease for a period of three years. Following the three-year period, any new use must conform to IL zoning. (Ord. 1428, eff. 5/1/2015)

9.28.110 Housing for Homeless (:HH) Combining Zone

A.    Purpose. The :HH combining zone is applied to sites and areas identified in Figure 2-23. The :HH combining zone is intended to create a zone in which emergency shelters, transitional housing, or supportive housing (hereafter "facility") may locate as a permitted use, if the facility is within the combining zone and meets the criteria in Section 9.42.200 Housing for Homeless. If a facility locates outside the Combining Zone, or does not meet the criteria at Section 9.42.200, then the facility may require permits for the appropriate zoning district as outlined in Table 2-4 or Table 2-10.

B.    Applicability. The :HH combining zone may be combined with any residential, commercial, industrial, or public facility zoning district established by Section 9.12.020 (Zoning Map and Zoning Districts). When combined with a zoning district, the development standards that apply to other residential or commercial developments in the same zone will apply, with the exceptions specified in Section 9.42.200.

C.    Land use and development standards. Proposed development and new land uses within the :HH combining zone shall comply with the requirements of Section 9.42.200, the primary zoning district, and all other applicable provisions of this Land Use Code. (Ord. 1392, eff. 5/15/2009)

Figure 2-23 Housing for Homeless Combining Zone

9.28.120 Creamery District (:CD) Combining Zone

A.    Purpose. The :CD combining zone is intended to allow for a more diverse mix of uses, such as restaurants, bars, recreation facilities, theaters, retail trades, medical and dental offices, as well as other uses which are not currently permitted in an Industrial - Limited (IL) zoning district. Area A of Figure 2-24 is to be considered the core Creamery District and Area B is the transition area. The :CD combining zone will maintain and encourage the distinctive look and feel of the core Creamery District by utilizing the site planning and building standards (e.g., setbacks, landscaping, parking, etc.) of the Central - Commercial (CC) zoning district for Area A while maintaining the site planning and building standards of the IL zoning district within the Area B.

B.    Applicability. The :CD combining zone applies to parcels specifically identified on Figure 2-24. The :CD combining zone includes Areas A and B as shown on Figure 2-24.

C.    Land use and development standards. Proposed development and new land uses within the :CD combining zone shall comply with the following:

1.    Allowable land uses and permit requirements for all lands within the :CD combining zone shall comply with the Industrial - Limited 2 (IL-2) zoning district as shown in Section 9.26.030, Table 2-10, including applicable footnotes.

2.    Parcels located in the core area of the Creamery District (Area A) of Figure 2-24 shall utilize the CC zone district parcel and density standards in Table 2-11, Section 9.26.040, and the CC zone district site planning and building standards in Table 2-12, Section 9.26.050.

3.    Parcels located in the transition area of the Creamery District (Area B) of Figure 2-24 shall continue to utilize the IL zone district parcel and density standards in Table 2-11, Section 9.26.040, and the IL zone district site planning and building standards in Table 2-16, Section 9.26.050.

Figure 2-24 Creamery District (:CD) Combining Zone

(Ord. 1467, eff. 11/20/2015)

9.28.130 Medical Marijuana Innovation Zone (:MMIZ) Combining Zone Revised 7/17

A.    Purpose. The intent of the :MMIZ combining zone is to establish an area where niche manufacturing businesses can safely produce medical marijuana products. Medical marijuana cultivation, processing, warehousing, research, and testing are allowed. New medical marijuana product development is strongly encouraged. The :MMIZ combining zone was created to stimulate investment, new business creation, and to eliminate blight. The :MMIZ combining zone establishes special standards to maintain compatibility with uses allowed in the primary zone.

B.    Applicability. The :MMIZ combining zone applies to commercial cannabis activities in Areas 1 and 2 as shown in Figure 2-25.

C.    Permit Requirements. In addition to any planning permits required in Table 2-10 and any other Federal, State, or local approval, a City of Arcata commercial cannabis activity permit is required for Areas 1 and 2. All commercial cannabis activities in Area 2 require a use permit. The total number of active use permits in Area 2 is limited to 20.

D.    Land Use and Development Standards. Proposed development and new land uses within the :MMIZ combining zone shall comply with the requirements of the primary zoning district, and all other applicable provisions of this Land Use Code. In addition, the following specific regulations apply within the :MMIZ combining zone:

1.    Medical marijuana cultivation is an allowable use pursuant to permit requirements indicated by Figure 2-25 and Table 2-10. For the purposes of this Section, the term "cultivation" includes all growing processes from seed to cutting. Cultivation does not include the area where drying or storing of harvested plant or plant material occurs. Standards specific to parcels that have medical marijuana cultivation are as follows:

a.    Cultivation area shall be limited to no more than 25 percent of the total building floor area per parcel.

b.    Cultivation area shall be no more than 4,000 square feet per lease area or business.

c.    Limitations on cultivation area in subsections (D)(1)(a) and (b) of this Section may be exceeded through the issuance of a use permit.

d.    Each parcel shall have at least one independently accessible, occupancy ready, commercial or industrial space designed and designated for allowable uses in the primary zone or :MMIZ combining zone that is 600 square feet or greater in size, and is not used for cannabis cultivation. This space must be provided prior to receiving a certificate of occupancy for cultivation on a parcel.

2.    The minimum lot area on Assessor’s Parcel Numbers 507-081-043, 507-121-013, and 507-081-050 shall be reduced to 10,000 square feet.

Figure 2-25 Medical Marijuana Innovation Zone (:MMIZ) Combining Zone

(Ord. 1468, eff. 4/1/2016; Ord. 1488, eff. 7/21/2017)