Scotts Valley Municipal Code Ch. 8.34 Removal of Monterey Pine Trees

Evidence has been presented to the city that the pitch canker disease is infecting Monterey pine trees in the state of California to the extent it is considered a hazard to the health and continued existence of Monterey pines in Santa Cruz County. The evidence includes, but is not limited to, written reports and pamphlets from the California Department of Forestry and Fire Protection, information from the Cooperative Extension, Division of Agriculture and Natural Resources, University of California-Santa Cruz; the Resources Agency of the State of California; the California Department of Food and Agriculture; and the California Department of Parks and Recreation.

(Ord. 16.86 § 1, 1994)

The evidence presented to the city council is compelling and demands immediate action by the city council to prevent or mitigate the loss of or damage to life, health, property by the continued transmission of the pitch canker disease.

(Ord. 16.86 § 2, 1994)

California Environmental Quality Act ("CEQA") in Section 21060.3 and the California Environmental Quality Act Guidelines in Section 15359 define an emergency as an occurrence which involves a clear and eminent danger. The council finds that the existence and continued spread of the pitch canker disease constitutes an emergency. In addition, Section 15307 of the CEQA Guidelines provides a categorical exemption from CEQA for actions taken by regulatory agencies to assure the maintenance, restoration and enhancement of a natural resource. Further, Section 15308 provides a categorical exemption for actions taken by regulatory agencies to assure the maintenance, restoration and enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. Neither of these categorical exemptions includes construction activities and no construction activities are contemplated.

(Ord. 16.86 § 3, 1994)

In order to take action to counteract the spread of the pitch canker disease in Monterey pines in the city, the city council finds it necessary to allow the removal of Monterey pines with minimal regulation to encourage the removal of diseased trees.

(Ord. 16.86 § 4, 1994)

The protection of the public health, safety and welfare requires the ordinance codified in this chapter be declared an urgency measure and constitute authorization to remove Monterey Pine trees within the city without the necessity of further permits. Pursuant to Section 36937b and 65962 of the Government Code, the city council of the city finds:

A. The pitch canker disease is a clear and imminent danger to Monterey pine trees, which are extremely susceptible to the disease, and other trees that may similarly be infected with the pitch canker disease;

B. Failure to provide simple and direct methods for removal of Monterey pine trees could enhance the spread of the pitch canker disease throughout the entire city;

C. Requiring tree owners to be burdened with the tree removal permit process could provide an opportunity for the continued spread of the pitch canker disease. The removal of Monterey pines at the discretion of a tree owner is necessary to assure the maintenance and restoration of Monterey pines, and other trees, within the city.

(Ord. 16.86 § 5, 1994)

This chapter is intended to allow the removal of Monterey Pine trees without permits as required by Section 17.44.080 of the Scotts Valley Municipal Code and to the extent this tree removal chapter conflicts with Section 17.44.080, this chapter shall prevail.

(Ord. 16.86 § 6, 1994).