To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Call Structure Protection Exemption Coastal Development Permit and Special Permit
Assessor Parcel Numbers (APN) 017-203-002-000, 017-203-001
Record No.: PLN-2026-19576
Eureka area
A Coastal Development Permit (CDP) to authorize tree removal associated with two CALFIRE Structure Protection Exemptions - one for 0 - 150’ and the other 150’ - 300’. The 0 - 150’ Exemption will include a small portion of tree removal on the adjacent parcel (APN 017-203-001). The trees are mostly Redwood with some Douglas-Fir and other conifers. Redwood trees to be removed range in size up to 71.1 inches in diameter at breast height (dbh). The parcel is approximately 6.5-acres in size and developed with a single-family residence and accessory structures. The parcel is served with community water provided by the Humboldt Community Services District and an on-site wastewater treatment system.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1 - Adopt the resolution, (Attachment 1) which does the following:
2 - Finds the project complies with the Humboldt Bay Area Plan and the Zoning Ordinance; and
3 - Finds the project exempt from CEQA pursuant to Section 15301 Existing Facilities and Section 15304 Minor Alterations to Land of the CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment; and
4 - Approves the Coastal Development Permit and Special Permit subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project site is located in the Eureka area, on the west side of Lentell Road, approximately 875 feet southwest of the intersection of Mitchell Road and Lentell Road, on the property known as 4082 Lentell Road and 4050 Lentell Road.
Present General Plan Land Use Designation: Rural Residential (RR), Humboldt Bay Area Plan (HBAP). Slope Stability: Low Instability (1).
Present Zoning: Rural Residential Agriculture with a minimum of 5 acres lot size (RA-5), Flood Hazard Areas (F) and Streams and Riparian Corridor Protection (R)
Environmental Review: The project exempt from CEQA pursuant to Section 15304 Minor Alterations to Land of the CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment.
State Appeal: Project IS appealable to the California Coastal Commission (Section 30603a(2) of the Coastal Act - Project is within 100 feet of a Coastal Stream).
Major Concerns: Removal of large redwood trees.
Monitoring Required: None.
Executive Summary: A Coastal Development Permit (CDP) to authorize tree removal associated with two CALFIRE Structure Protection Exemptions - one for 0 - 150’ and the other 150’ - 300’. The 0 - 150’ Exemption will include a small portion of tree removal on the adjacent parcel (APN 017-203-001). The trees are mostly Redwood with some Douglas-Fir and other conifers. According to the submitted information, redwood trees to be removed range in size up to 71.1 inches in diameter at breast height (dbh). The parcel is approximately 6.5-acres in size and developed with a single-family residence and accessory structures. The parcel is served with community water provided by the Humboldt Community Services District and an on-site wastewater treatment system.
Trees are proposed to be removed within 300 feet of two residences on the property, and within 300 feet of an off-site residence. As the 150-foot and 300-foot allowances are from multiple structures, the total area proposed for tree removal activities is approximately 4 acres. Within this area most trees will remain and not be removed. Per the forester the trees would be reduced to approximately 38 trees per acre from what is currently an approximate density of 58 trees per acre, meaning approximately 80 trees would be removed over the approximately 4-acre area. According to the Cal-Fire submittals, approximately 80% of these are redwood trees.
A complete accounting of all trees that would be removed has not been submitted to the Planning and Building Department, as the Forester states that trees to be removed would be selected based on specific parameters by the logger during operations. An assessment of potential “large old trees” pursuant to the Forest Practice Rules definition was completed by the RPF which looked for and documented 4 trees over 60” dbh. These trees were measured as 60” dbh, 64” dbh, 65” dbh and 71.1” dbh.
The assessment then measured and documented all trees within a “strip cruise” utilizing a ½ chain width (33ft) sample area where all trees were measured. The data collected was used to estimate the stand characteristics throughout the harvest area (Attachment 2D). This method was used to approximate that the existing density is approximately 58 trees per acre and that the post-harvest density would be approximately 38 trees per acre referenced above. Per this assessment some of the trees under 60” dbh are in the 40” to 52” dbh range. Based on this assessment, there is likely to be approximately 5.5 redwood trees per acre that are over 40” dbh in size and below 60” in size, although a complete survey of all the trees within the proposed removal area has not been performed.
Over the course of the last few months, largely in response to the removal of old-growth redwood trees in Redway, the Board of Supervisors and the Planning Commission have heard public opinion about the importance of old-growth redwood trees to the character of the county. At the August 11, 2026, meeting of the Board of Supervisors the Board directed Planning staff to work to develop an old-growth preservation ordinance that would apply county-wide, and to bring back a moratorium on the removal of old-growth redwood trees that would apply while such an ordinance was being developed. While there is currently no preservation ordinance or moratorium, the Planning Commission is tasked with determining if the project and its conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Large redwood trees, and old-growth trees in particular, are an important and defining characteristic of many areas throughout Humboldt County and the North Coast region. These trees contribute to the scenic character, environmental quality, and general welfare of the community. In the coastal zone larger redwood trees can be considered a coastal resource and contribute to the treeline that is part of the natural beauty of this portion of the coast. The benefits of preserving large redwoods must be balanced against potential risks to private property owners and the public, including hazards associated with fire risk and falling limbs or tree failure that could damage residences, power lines, roadways, or other infrastructure.
It does not appear that “old-growth” has been specifically or consistently defined either in state regulations or in practice. A “Large old tree” is defined in California Code of Regulations 14 CCR § 1038.1(c)(15) under California Forest Practice Rule Title 14, §1104.1 as a tree “that existed before 1800 AD AND is greater than sixty (60) inches in diameter at stump height for Sierra or Coast Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species.” These rules prohibit the removal of such trees except in certain circumstances.
As part of the tree assessment (Attachment 2D) the age of the trees over 60” dbh were measured utilizing a 40-inch increment borer to count rings and extrapolating remaining early years based on growth of the 10 years closest to the extracted pith. This examination concluded that three of the four trees were younger than 226 years old and would not qualify under the Forest Practice Rules as “large old trees” and that one tree, the 64.1” tree was undetermined due to a large cavity at the base, however the forester concluded that this tree likely has the potential to qualify as a “large old tree” under the Forest Practice Rules. The proposal is that the 64.1” tree be retained and the other three trees over 60” be removed, in addition to other trees within the project area - all of which are under 60” dbh. Some of, but not all of the trees in the 40” to 60” range would be removed under the proposal. According to the tree assessment, the number of existing redwood trees between 40 and 60” dbh is approximately 5.5 per acre and after harvest the number of trees in this size range would be approximately 4.8 per acre.
While the California Code of Regulations allow trees that may be older than 226 years or greater than sixty (60) inches at stump height (diameter at breast height (DBH)) to be removed as long as they do not meet both criteria, many members of the public feel that there is an intrinsic ecological and/or or cultural value to larger trees that is important to setting and character of the community and as such, to the general welfare of the public. The Planning Commission must weigh the concerns and views of the community along with the desires of the landowner and the dangers the trees may pose to the residents and the property on which the trees grow.
The removal of these trees is described by the submitted materials as being necessary to prevent large trees from falling on existing structures, to provide fire protection and to profit in order to avoid the need to subdivide the land. It should be noted that the property is approximately 6.5 acres and the minimum parcel size under the applicable zoning is 5 acres and therefore the property does not qualify for subdivision. According to the forester, the larger and older trees are more marketable as lumber from older trees are stronger and more decay-resistant.
Removal of trees under the 0-150 and 150-300 foot structure protection exemption are intended to provide for fire protection and to remove or eliminate the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak (per California Code of Regulations 14 CCR, Section 1038). It is unclear to what extent the removal of the larger redwood trees on the property would help to reduce the fire hazard from the tree stand, particular as larger redwood trees are often fire-resistant. No information has been presented to show that any of the trees proposed for removal have any structural defects or health concerns that would render them a hazard from falling on to structures, however the density of trees in this area likely does create some degree of hazard. Nonetheless, there is no submitted information that shows that the larger trees are particularly hazardous from either a structural or fire protection risk. While landowners may profit from the removal of trees under a structural protection exemption, profit is not intended to be a motivation for removal of trees under such an exemption.
Removal of redwood trees is not necessarily detrimental to the public welfare, however larger redwood trees, even those that do not meet the Forest Practice Rules definition of a “large old tree”, provide important visual and cultural value to the community and removal of such trees has the potential to have an adverse impact on the public welfare. For this reason, staff recommends that the project be approved with the condition that all redwood trees on the subject properties that are over a certain size be retained. The Planning Commission should consider the importance of large redwood trees to the community in determining whether to approve the tree removal plan and whether trees over a certain size should be protected. Staff has recommended conditions of approval that require all trees over 60” dbh to be retained (COA #1) and that all trees between 40” and 60” dbh be identified and no more than 25% of those trees be removed.
Biological Resources: A Biological Survey for the site was conducted by Hohman and Associates Forestry Consultants in May of 2026 (Attachment 2A). The results of the survey are summarized as follows.
No wetlands have been identified within the Project Area based on Humboldt County Web GIS. The foresters found no birds, mammals, reptiles, fishes or invertebrates considered to be sensitive, rare, threatened, or endangered on the properties as they will not have the potential to be significantly affected by the project as planned. There is potential for nesting birds to be present during nesting season (February 15 - August 15). If vegetation removal or ground-disturbing activity is to take place during the nesting season (March 15 to August 15 for most birds), a qualified biologist shall conduct a preconstruction nesting bird survey. Within 14 days prior to disturbance, pre-construction surveys for nesting pairs, nests, and eggs shall occur within the Project Area and within 100 feet (200 feet for raptors) of the Project Area. If active nests are encountered, specie specific measures shall be prepared by a qualified biologist in consultation with the USFWS and CDFW and implemented to prevent abandonment of the active nest.
A Class III watercourse runs through the southeast portion of the property. The timber operations will maintain a setback of 25 feet, consistent with the requirements of CalFire. Pursuant to the Humboldt Bay Area Plan, Section 3.30B.8(a), timber harvesting activities regulated by the Department of Forestry and Fire Protection (also referred to as CalFire) are exempt from the setback policies for coastal streams.
Access: The project site is located in the Eureka area, on the west side of Lentell Road, approximately 875 feet southwest of the intersection of Mitchell Road and Lentell Road, on the property known as 4082 Lentell Road.
Tribal Consultation: The project was referred to the Tribal Historic Preservation Officer (THPO) of the Bear River Band of Rohnerville Rancheria, the Wiyot Tribe, the Blue Lake Rancheria, and the Northwest Information Center. The Bear River Band responded that they are satisfied that the activities of the project do not appear to represent a significant impact(s) on cultural resources. They did request that the inclusion of inadvertent discovery protocol which has been included the Conditions of Approval.
Environmental Review: The project exempt from CEQA pursuant to Section 15304 Minor Alterations to Land of the CEQA Guidelines, and there is no substantial evidence that the project will have a significant effect on the environment.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 3)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny approval if unable to make all the required findings. The planning Commission may also consider further limiting the proposed removal of trees.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
2. Applicant’s Evidence in Support of the Required Findings
A. Call-Lampi Biological Resource Assessment
B. CalFire Notice of Exemption 1-26EX-00125-HUM
C. CalFire Notice of Exemption 1-26EX-00127-HUM
D. Age Assessment Structure Protection
3. Referral Agency Comments and Recommendations
A. Public Works
Applicant:
Hohman and Associates
Stephen Hohman
PO Box 733
Hydesville, CA 95547
Owner:
Lewis & Sally Call,
4082 Lentell Rd
Eureka, CA 95503
Larry & Gayle Lampi
4050 Lentell Rd
Eureka, CA 95503
Agent: Same as Applicant
Please contact Michael Kein, Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.