Chapter 9.58
Tree Preservation and Hazardous Tree Removal
Sections:
9.58.030 Tree Removal Permit Application Requirements
9.58.050 Tree Removal Permit Findings and Conditions
9.58.060 Post Approval Procedures
9.58.070 Tree Removal Without Permit
9.58.010 Purpose
The trees of Arcata are significant community resources that play an important role in defining the character of the City, serve as wildlife habitat, and provide other environmental values. Certain hedgerows, windrows, groves of trees, and creekside riparian areas identified in the Design and Historical Preservation Element or the Resource Conservation and Management Element of the General Plan shall be left intact. Trees identified in the General Plan are considered important to the character of City of Arcata and its neighborhoods, and every effort shall be made to preserve such trees. The purpose of this Chapter is to preserve and protect trees which are considered important to the character of the City of Arcata and its neighborhoods, and which are not subject to commercial timber operations as allowed within the AE, AR, and NR-TP zone districts.
9.58.020 Applicability
A. Applicability of requirements. The provisions of this Chapter shall apply in all zoning districts, except for the NR-TP zone district for:
1. The removal or relocation of any tree with a diameter of 16-inches or more, measured at 54-inches above natural grade, unless specifically exempted by Section 9.58.040; and
2. The removal or relocation of a group (e.g., stump sprouts) of 30 or more trees with diameters more than 10-inches, measured at 54-inches above natural grade, unless specifically exempted by Section 9.58.040.
B. Tree Removal Permit required.
1. Activities requiring a permit. A Tree Removal Permit shall be required prior to:
a. The relocation, removal, cutting-down, topping or other act that causes the destruction of a tree;
b. The approval of a Hillside Development Permit, Grading Permit, Coastal Development Permit, Use Permit, Minor Use Permit, Variance, Planned Development or Subdivision, hereafter referred to as "discretionary projects."
2. Permit Issuance.
The procedure and review authority for a Tree Removal Permit are as follows:
a. Developed Parcel. A Tree Removal Permit for the removal or relocation of any tree with a diameter of 16-inches or more (measured at 54-inches above natural grade) shall be reviewed as follows:
(1) If the request involves the removal of less than five trees in a 10-year period within an area less than three acres in size, then the City can act on the request as a ministerial project, or
(2) If the request involves the removal of five or more trees, within an area less than three acres in size, then the City shall review a complete Tree Removal Permit application in compliance with Section 9.58.030 (Tree Removal Permit Application Requirements) and Section 9.58.050 (Tree Removal Permit Findings and Conditions).
b. Vacant parcel. A Tree Removal Permit for the removal or relocation of any tree with a diameter of 16-inches or more (measured at 54-inches above the natural grade) shall be reviewed as follows:
(1) If the request involves the removal of less than five trees within a proposed access road and buildable area (as defined by Section 9.52.020B of this Land Use Code) and it is done in conjunction with a Building Permit, then the City can act on the request as a ministerial project, or
(2) If the request involves the approval of a discretionary project for the same site (e.g. Major Subdivision/Planned Development), then the City shall review a complete Tree Removal Permit application in compliance with Sections 9.58.030 and 9.58.050 of this Land Use Code and with Policies D-3j and D-4d of the General Plan, or
(3) If the request involves the removal of vegetation within the natural area of a parcel, then the City shall review a complete Tree Removal Permit application in compliance with Sections 9.58.030 and 9.58.050 of this Land Use Code and with Policies D-3j and D-4d of the General Plan.
C. Timing of Removal of Large-Stature Trees. A tree with a height of 150 feet or more may be evaluated by the Director to determine if active nesting or roosting sites for listed bird species or bird species of special concern are occurring within the subject tree (s) during the projected tree removal dates. If such active nesting or roosting activities are occurring during the projected tree removal dates, then the Director can deny the request or require further environmental review.
D. Emergencies. The removal or relocation of a tree that would otherwise require a Tree Removal Permit is exempt from the provisions of this Chapter only in case of an emergency, where the Director, City Forester, a member of a law enforcement agency, or the Fire District determines that a tree presents an immediate danger of collapse and poses an imminent threat to the public safety, or general welfare. In case of an emergency, payment of any fees may be waived.
E. Topping of Trees. Topping of trees is an injurious practice which may lead to stress, disease, and decay in trees. It should be avoided whenever an alternative exists. A Tree Removal Permit for topping may be issued only if the following apply:
1. Hazardous trees. When authorized as part of a Tree Removal Permit and verified in a report prepared by an arborist or a Registered Professional Forester (RPF), a hazardous tree may have its mass reduced to protect property values and to address safety concerns.
2. Solar access. When authorized as part of a Tree Removal Permit and verified in a report prepared by an arborist or a RPF, a tree or trees that hinder direct sunlight for solar energy systems may have their mass reduced to provide solar access.
F. Relationship to CEQA. All Tree Removal Permits are subject to the California Environmental Quality Act (CEQA). However, the scope of environmental review for a Tree Removal Permit depends upon the scope of the request, and the following shall provide direction for Tree Removal Permit reviews:
1. Ministerial Projects. Exemption from the CEQA review process may be allowed for an emergency situation, and for requests to remove four or fewer trees on a vacant or developed parcel.
2. Discretionary Projects.
a. Categorical Exemptions may be allowed for minor alterations to land (Class 4 CEQA exemption) to remove five to ten unhealthy hazardous trees, for fuel management activities permitted by the California Department of Forestry and Fire Protection (CDF), or for the topping of trees.
b. A Functional Equivalent exemption may be allowed for Timber Harvest Plans (as described in Sections 15250 and 15251 (a) of the CEQA Guidelines) for Minor Use Permits in the AE and AR zone districts.
c. An Initial Study may be required for the consideration to remove healthy, mature, or scenic trees that are outside of AE, AR, and NR-TP zone districts.
9.58.030 Tree Removal Permit Application Requirements
A. Application contents. Each Tree Removal Permit application shall include the application form, and other information and materials required by the Department, the application fee required by the City fee schedule, and the following additional information:
1. If not otherwise required for another City permit, a Plot Plan must be submitted that is drawn to the requirements of the City Plot Plan Checklist (parking, utility, and building detail is not required, other than to identify the footprint of existing structures). Plot Plans shall include the type, size, and location of trees to be topped, trees to be removed, trees to be retained, and trees to be planted. Any riparian corridor shall be identified on the Plot Plan and as per Chapter 9.59.
2. The applicant shall state whether the project involves the clearing of vegetation around a house in order to establish defensible space as identified in California Department of Forestry and Fire Protection (CDF) Fire Safe Guidelines and shall state whether a CDF permit is required.
3. A plan of operation including: hours of operation, method of debris disposal, haul route, and erosion control methods (Best Management Practices).
4. The application may be required to include an Arborist’s or RPF’s report, at the discretion of the Director or City Forester. The report may be required to include:
a. Location and type of tree protection measures to be installed for retained trees;
b. Aerial photograph(s) of the project site; and
c. A utility trenching pathway plan (if applicable).
5. Identification of a contact person shall be available during hours of operation.
6. If the site is subject to conditions, covenants, and restrictions (CC&Rs) that address tree removal and are administered by an active homeowners’ association, the application shall include a letter from the homeowners’ association authorizing the tree removal.
7. If the project is considered discretionary, then the applicant shall submit the noticing requirements as identified in Subsection 9.74.020.B.(1) [Method of Notice Distribution - mailing].
B. Application filing. An application for a Tree Removal Permit involving a discretionary project shall be included as part of the application for the discretionary project. An application for a Tree Removal Permit not associated with a discretionary project shall be filed with the Department separately.
C. On-site information. The following information shall be on-site while any construction activity is on going for a project requiring a Tree Removal Permit:
1. Any applicable arborist’s or RPF’s report and any subsequent modifications to the arborist’s report;
2. Tree removal location map with a copy of the remaining tree(s) protection measures;
3. Tree Removal Permit and approved construction plans;
4. Approved planting and irrigation drawings; and
5. A numbering system to identify trees proposed for removal.
D. Information on standards. The developer or applicant shall be responsible for informing, in writing, all subcontractors and individuals who will be performing work around protected trees of the requirements of this Section and conditions of approval for the project.
E. Final certification of tree work. All of the tree preservation measures required by the conditions of the discretionary project approval, and/or the Tree Removal Permit, as applicable, shall be completed, and certified by an arborist or RPF selected by the Director prior to City issuance of a Final Building Inspection or Certificate of Occupancy
9.58.040 Exemptions
The following activities are hereby exempt from the requirement of this chapter:
1. Those activities associated with the establishment or alteration of any public park, Community Forest, and open space area that is under the review of the Parks and Recreation Committee, the Open Space Committee, or the Forest Management Committee.
2. Removal of 4 or fewer trees with diameters less than 16-inches, measured at 54-inches above natural grade.
3. Removal of any tree from public rights of way or public school lands.
4. Removal of any tree which complies with Conditions of Approval for an approved Landscaping Plan.
5. Emergency tree removals.
6. Any activity associated with tree trimming for safety reasons as mandated by the California Public Utilities Commission.
7. Removal of trees from the AE, AR, NR-TP zone district that are part of a CDF regulated timber harvesting operation.
8. Removal of a dead tree, except for large dead trees (snags) that are 30-inches or more in diameter, measured at 54-inches above natural grade.
9. Live and dead limb removal that does not involve topping the main trunk.
10. Removal of groups (e.g., stump sprouts) of trees (less than 30) with diameters 10-inches or less, measured at 54-inches above natural grade.
9.58.050 Tree Removal Permit Findings and Conditions
Tree Removal Permits shall be reviewed and decided by the Zoning Administrator as follows.
A. Required findings. The approval of a Tree Removal Permit shall require that the review authority make all the following findings:
1. The approval of the Tree Removal Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Removal Permit is consistent with the provisions of this Chapter and in compliance with General Plan: 2020 and Chapter 9.59; and
2. Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with this Chapter; and
3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction; or
b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the Director; and
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; and
5. The tree(s) to be removed do not contain active nesting or roosting sites that have been identified through the review process or are otherwise known to the review authority as the nests of a listed bird species or bird species of special concern; and
6. The tree(s) is not within any hedgerows, windrows, or rows of trees to be left intact as identified in the Arcata General Plan 2020 or other plans approved by the Council.
B. Conditions of Approval. The approval of a Tree Removal Permit shall include Conditions of Approval as necessary to ensure compliance with Section 9.58.050 (Tree Removal Permit Findings and Conditions), and all other applicable provisions of this Land Use 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. Provision for forest stands in residentially zoned districts to not allow more than 25% of the stem basal area to be removed in any 10-year period.
4. Requiring tree replacement(s) for any tree(s) removed through a tree removal permit.
5. Weekday hours of operation.
9.58.060 Post Approval Procedures
The following procedures apply after the approval of a Tree Removal Permit application.
A. Appeal. A decision on a Tree Removal Permit application may be appealed in compliance with Chapter 9.76 (Appeals).
B. Expiration/extension. Except where otherwise provided by this Chapter, the work authorized by a Tree Removal Permit shall commence within six months from the date of approval or other time limit established through a concurrent planning permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 9.79 (Permit Implementation, Time Limits, and Extensions). A Tree Removal Permit not exercised within its time limits shall expire in compliance with Chapter 9.79 (Permit Implementation, Time Limits, and Extensions).
C. Performance guarantee. The City may require that a security deposit be posted and maintained where deemed necessary to ensure:
1. The preservation of protected trees during construction; and
2. The successful completion of required mitigation measures within 3 years.
The deposit shall be posted in a form approved by the City Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any Tree Removal Permit condition regarding tree preservation shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the review authority, provided that this determination may be appealed in compliance with Chapter 9.76 (Appeals).
D. Construction monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the City.
E. Revocation. A Tree Removal Permit may be revoked or modified, as provided in Section 9.96.070 (Permit Revocation and Modification).
F. Stop work orders. Whenever any construction or work is being performed contrary to the provisions of this Chapter or applicable conditions of approval, the Director may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No further work shall be allowed until the violation has been corrected and approved by the Director.
9.58.070 Tree Removal Without Permit
In the event of the removal of a tree without a permit in compliance with this Chapter, the City shall require the property owner to submit a Tree Removal Permit application, in compliance with this Chapter, pay a penalty fee of triple stumpage, staff costs, and to replant any tree removed.