Eureka Greenway Regulations Get Initial Approval

Eureka is on its way to approving new regulations protecting its trademark gulch areas over the objections of some property owners.

At its June 17 meeting, the city council voted to introduce a new Gulch Greenway Ordinance. Two councilmembers – Scott Bauer and Mario Fernandez – recused themselves along with Mayor Kim Bergel due to living within or near affected areas.

The ordinance carries out the General Plan’s call for regulations to “protect sensitive species habitat and the hydrologic capacity of Eureka’s gulches and greenways.”

But the majority of those who spoke during a lengthy public comment period said the ordinance is too broad, unnecessary and will be burdensome to comply with.

Several said the city should focus on preventing homeless people from living in the gulches, describing that as having greater impact than development.

But Development Services Director Cristin Kenyon included a summary of a 2022 survey that showed 75 percent of respondents said they find “fish and wildlife habitat and passage value” to be the highest benefit of the greenway gulches.

Of 554 respondents, 41 percent “live and/or own properties” on a gulch greenway.

Another important survey takeaway is that 83 percent named “illegal dumping and encampments” as the most concerning threat to greenways.

The ordinance designates a Gulch Greenway Overlay Zone that includes 1,697 parcels. The zone is described as “a screening tool triggering site-specific evaluation when development is proposed.”

Within the zone are Gulch Greenway Management Areas that apply to portions of parcels within 50 feet of greenway riparian areas and 100 feet from wetlands.

The new rules won’t apply to existing home footprints and outdoor improvements.

But removal of large native trees, sizable grading and vegetation removal, use of “wheeled mechanized equipment” and “heavy” herbicide use will need city authorization.

Being within management areas doesn’t mean new housing can’t be built. But it will introduce new permitting – either a staff-level review or a Conditional Use Permit (CUP) with a public hearing, depending on scale of development.

The lesser permit application costs $865 and the CUP costs $1,155.

During the public comment period, most of the residents who spoke described the ordinance as bureaucratic over-reach.

Describing the ordinance as “poorly drafted” and “unintelligible,” Pine Hill resident Bill Barnum said most people won’t understand what’s expected of them and will be “set up for violation.”

There was loud applause when Barnum concluded by saying, “It’s disrespectful to the people of this city to be put under this level of regulation when we all would like you, the city council, to regulate the homeless problem, which does affect the gulches and greenways.”

Representatives of state and federal environmental agencies vouched for the ordinance, saying it will protect greenways and their benefits of reducing erosion, filtering pollutants and soaking up stormwater.

Sylvia van Royen of Humboldt Waterkeeper said protection of greenways will “become increasingly important with the impacts that climate change are going to bring to our local area.”

The three voting councilmembers supported the ordinance, although Councilmember Renee Contreras-DeLoach questioned its necessity.

Councilmember Leslie Castellano said the “legacy of development” shows that the ordinance is necessary.

“There are many ways of addressing development,” she continued. “If you’re still interested in development, this isn’t a hard ‘no’ – this is a way of saying, ‘if you’re going to develop, deeply consider the environmental impacts of that development.”

Introduction of the ordinance was unanimously approved.

Also approved was introduction of an associated ordinance that updates city codes on tree removal, landscaping and grading.

The ordinances will return to council for final approvals.