241 Cal. App. 4th 694
Cal. Ct. App.2015Background
- In 2013 the City of Santa Cruz amended its Heritage Tree Ordinance and Heritage Tree Removal Resolution (the Project), changing definitions, removal criteria, replanting deadlines, and penalties.
- Key substantive changes: removed shrubs from protection; narrowed historical/horticultural designation so Council resolution or planning listing is required; added new prohibited damaging acts; added replanting deadlines and enhanced penalties.
- Removal-resolution changes added new grounds to remove heritage trees (e.g., "unreasonable and substantial hardship," health/allergy concerns) and expressly allowed removal of two or more non-native invasive heritage trees (eucalyptus, acacia) under certain conditions.
- Staff and the City concluded the Project was categorically exempt from CEQA under Guidelines §§15307 and 15308 (actions assuring maintenance, restoration, enhancement/protection of natural resources/environment); City adopted a notice of exemption in Oct. 2013.
- Save Our Big Trees petitioned for writ of mandate arguing the amendments weaken protections and are not CEQA-exempt; trial court denied the petition; the Court of Appeal reversed, finding the City failed to carry its burden to show the exemptions applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Project is categorically exempt under CEQA Guidelines §§15307/15308 | Project weakens protections (delists trees, broadens removal grounds), so it cannot be treated as an action to "assure maintenance/restoration/enhancement" | Must evaluate the Project "as a whole"; some amendments strengthen protections and therefore the net effect is exempt | Court: City failed to show with substantial evidence the Project assures maintenance/restoration/enhancement; exemption does not apply |
| Burden of proof for categorical exemption | Plaintiff: City must show exemption applies; plaintiff need not prove environmental harm | City suggested plaintiff must show degradation | Court: Agency invoking exemption bears burden to demonstrate with substantial evidence that it applies |
| Proper scope/interpretation of §§15307/15308 (actions "to assure" maintenance, restoration, enhancement) | Any amendment that has potential unfavorable environmental impact is not within the exemptions | Court should consider Project as whole and determine whether it assures maintenance/restoration/enhancement | Court: Exemptions cover actions combating environmental harm, not measures that remove or relax existing protections; action that "removes rather than secures" protections falls outside exemptions |
| Whether record supports conclusion that amendments will not increase removals | Plaintiff: Record shows amendments will expand removal opportunities (hardship, health, invasive-species removal), so protections are weakened | City: Practical constraints (permit process, cost, professional review) will prevent increased removals; no evidence of specific removals | Court: Substantial evidence does not support City’s position; common-sense and record statements indicate amendments will permit more removals; City failed to meet its burden |
Key Cases Cited
- Mountain Lion Foundation v. Fish & Game Comm’n, 16 Cal.4th 105 (action removing protections is not within class 7/8 exemptions)
- Wildlife Alive v. Chickering, 18 Cal.3d 190 (actions with potential adverse effects not properly exempted)
- Muzzy Ranch Co. v. Solano County Airport Land Use Com., 41 Cal.4th 372 (agency invoking categorical exemption must show substantial evidence)
- Berkeley Hillside Preservation v. City of Berkeley, 60 Cal.4th 1086 (clarifies limits of using a fair-argument standard to defeat categorical exemptions)
- International Longshoremen’s & Warehousemen’s Union v. Board of Supervisors, 116 Cal.App.3d 265 (amendments that relax environmental safeguards are not exempt)
- San Lorenzo Valley Community Advocates v. San Lorenzo Valley Unified School Dist., 139 Cal.App.4th 1356 (project definition and CEQA applicability guidance)