(A) Purpose. This division establishes permit requirements to remove trees. Much of Eureka is forested with stands of redwoods and other trees that are a distinctive part of the city's history and character, and every effort should be made to preserve and protect these trees, while protecting the public's safety and supporting development. When trees pose a hazard or are located in areas of planned growth, they may need to be removed. These regulations are intended to:
(1) Protect and preserve trees that are important to the character of the city and its neighborhoods;
(2) Protect the public's safety by allowing hazardous tree removal; and
(3) Allow for tree removal, or tree mass reduction, as necessary to allow for residential developments and supporting solar arrays.
(B) Tree permit exemptions.
(1) By-right tree removals.
(a) Removal, relocation, topping, or any other act that causes the destruction of a tree or trees not defined as a protected tree in § 155.304.140(D) does not require a tree permit or conditional use permit.
(b) The removal, relocation, or any other act that causes the destruction of any protected tree or trees defined in § 155.304.140(F) from within 15 feet of the footprint of a proposed structure, and within the boundary of the associated access road, provided the trees are identified on the project's site plan, is allowed by-right with a zoning clearance.
(2) Hazardous trees.
(a) Emergencies. The removal, relocation, topping, or crown reduction by more than 20% of a hazardous protected tree or trees that would otherwise require a tree permit is exempt from the provisions of this subsection only in case of an emergency, where a member of a law enforcement agency, the Humboldt Bay Fire District, the Public Works Director, or the Director, based on a report from an arborist or Registered Professional Forester (RPF), determines a tree is hazardous and presents an immediate danger of collapse and poses an imminent threat to the public safety or general welfare. A zoning clearance is required.
(b) Reduction of tree mass. When recommended in a report prepared by an arborist or a RPF, a hazardous protected tree or trees may have its mass reduced to protect property values and to address safety concerns and does not require a tree permit. A zoning clearance is required.
(c) Dead/Dying trees. The removal of a hazardous protected tree or trees that would otherwise require a tree permit is exempt from the provisions of this subsection when a report prepared by an arborist or a RPF determines the tree is dead, or dying with no hope of recovery, and is a danger to public safety, general welfare, and/or the health of adjacent trees. A zoning clearance is required.
(3) Solar access. When verified in a report prepared by an arborist or a RPF, a protected tree or trees that hinder direct sunlight for solar energy systems may have their mass reduced to provide solar access. A zoning clearance is required.
(C) Tree permit required. A tree permit is required to relocate, remove, cut down, top, reduce the crown by more than 20%, or undertake any other act that causes the destruction of a protected tree identified in § 155.304.140(D), except as provided in division (B) (Tree Permit Exemptions) of this subsection. Hazardous trees or trees removed for solar access are not counted in the number of trees removed per division (E) of this subsection.
(D) Protected trees. A protected tree includes any of the following:
(1) A tree species listed in § 155.304.140(D)(2) with a 24-inch diameter, or a circumference of 75 inches, as measured four and one-half feet above the ground.
(2) Protected tree species include:
(a) Big Leaf Maple (Acer macrophyllm)
(b) Bishop pine (Pinus muricata)
(c) Black Cottonwood (Populus trichocarpa)
(d) California Laurel (Umbellularia californica)
(e) Coast live oak (Quercus agrifolia)
(f) Douglas fir (Pseudotsuga menziesii)
(g) Grand fir (Abies grandis)
(h) Incense cedar (Calocedrus decurrens)
(i) Jeffrey pine (Pinus jeffreyi)
(j) Madrone (Arbutus menziesii)
(k) Monterey Cypress (Cupressus macrocarpa)
(l) Pacific wax myrtle (Morelia californica)
(m) Ponderosa pine (Pinus ponderosa)
(n) Port Orford cedar (Chamaecyparis lawsonia)
(o) Red Alder (Alnus rubra)
(p) Red fir (Abies magnifica)
(q) Redwood (Sequoia sempervirens)
(r) Sitka spruce (Picea sitchensis)
(s) Sugar pine (Pinus lambertiana)
(t) Western red cedar (Thuja plicata)
(u) Western hemlock (Tsuga heterophylla)
(v) Western white pine (Pinus monticola)
(w) White fir (Abies concolor)
(E) Maximum number removed. No more than five protected trees may be relocated, removed, topped, or crowned by more than 20% every ten years with the issuance of a tree permit except as allowed by division (B) (Tree Permit Exemptions) of this subsection.
(F) Conditional use permit required. The relocation, removal, topping, or crowning by more than 20%, of more than five protected tree species within a ten-year period is considered a timber harvest and requires Planning Commission approval of a conditional use permit.
(G) Review authority.
(1) Tree permits. The Director reviews and takes action on tree permit applications.
(2) Conditional use permits. The Planning Commission reviews and takes action on conditional use permit applications.
(H) Findings for approval. To approve a tree permit or a conditional use permit for tree removal, the review authority must make all the following findings:
(1) Approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council.
(2) Measures have been incorporated, if necessary, into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this division.
(3) The removal of a healthy tree cannot be avoided by redesign of the site plan prior to construction or trimming, thinning, tree surgery, or other reasonable treatment, as determined by the Director.
(4) Adequate provisions for drainage, erosion control, land stability, windscreen, and buffers along any road and between neighbors have been made where these problems are anticipated as a result of the removal.
(5) Tree(s) to be removed between February 1 and August 15 of each year have been surveyed by a qualified professional, and a report has been provided to the city indicating removal of the trees will not impact active nesting or roosting sites of a listed bird species or bird species of special concern.
(I) Conditions of approval. Approval of a tree permit or a conditional use permit for tree removal must include conditions of approval as necessary to ensure compliance with this division and all other applicable provisions of the zoning code. Conditions of approval may include, but are not limited to:
(1) Requiring removal of invasive or noxious vegetation (e.g. English ivy) from other trees on the applicant's property;
(2) Allowing for the removal of non-native trees adjacent to natural areas if replaced with an appropriate native tree;
(3) Requiring tree replacement(s) for any tree(s) removed through a tree permit; and
(4) Weekday hours of operation.
(J) Timing of removal of large-stature trees. A tree with a height of 150 feet or more may require evaluation to determine if active nesting or roosting sites for listed bird species, or bird species of special concern are occurring within the subject or immediately adjacent tree(s) if the projected tree removal dates are between February 1 and August 15 of each year. If such active nesting or roosting activities are occurring during the projected tree removal dates, the review authority can deny the request or require further environmental review.
(K) Other approvals. An encroachment permit approved by the Public Works Department, and approval from CalFire or other state agencies may be required to remove any tree, including by-right, protected, hazardous, and/or solar access trees.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 911-C.S., passed 12-15-20; Am. Ord. 916-C.S., passed 7-6-21; 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)