San Clemente Brush Clearance Site #2

2025010766

City of San Clemente

NOE - Notice of Exemption

1/24/2025

1/24/2025

Amir K. Ilkhanipour, P.E.

City of San Clemente

Principal Civil Engineer

Lead/Public Agency / Project Applicant

100 N. Calle Seville
San Clemente, CA 92673

(949) 361-6140

IlkhanipourA@san-clemente.org

15.87

APN 701-041-62

The San Clemente Brush Clearance Site 2 Project (proposed project) spans approximately 15.87 acre~ u and is located within the City of San Clemente in Orange County, California. The project site is situated north of Avenida Pi co, east of Cristianitos Rd, and west of Camino La Pedriza which borders Unincorporated Orange County. See Figure 1 through Figure 3, which depicts the project site on both regional and local scales, and Figure 4, which includes photographs of the project site.

Emergency Project

Sec. 21080(b)(4); 15269(b)(c)

CEQA Guidelines § 15359 sets forth the following conditions projects must meet to qualify for a Class 59 (Emergency) categorical exemption: “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. This project qualifies for a Class 59 (Emergency) categorical exemption under CEQA as it addresses an imminent danger posed by wildfire risks in Southern California, a region currently experiencing heightened wildfire activity as of January 2025. The exemption applies to projects undertaken in response to sudden and unexpected occurrences, such as fire, that pose a clear and immediate threat to life, health, property, or essential public services. The planned vegetation management activities—including the removal of flammable invasive species like mustard and thistle plants are critical preventive measures to reduce wildfire fuel loads and establish defensible space near residential areas. Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 59 (Emergency) categorical exemptions both apply to the proposed project.

Categorical Exemption

Section 15301, Section 15304, Section 15359

CEQA Guidelines § 15301 sets forth the following conditions projects must meet to qualify for a Class 1 (Existing Facilities) categorical exemption: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. An example of this exemption includes, but is not limited to: (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code) This project qualifies for a Class 1 (Existing Facilities) categorical exemption under CEQA as it involves minor alterations to existing topographical features through targeted vegetation management, consistent with the maintenance of the site’s current undeveloped condition. Activities such as the removal of mustard and thistle plants align with the exemption criteria for maintaining existing landscaping and native growth, supporting ecosystem health and wildfire mitigation efforts. The use of mechanical equipment, including front-end loaders and chipper shredders, is restricted to localized maintenance operations and will not entail any significant expansion or intensification outside of the site. CEQA Guidelines § 15304 sets forth the following conditions projects must meet to qualify for a Class 4 (Minor Alterations to Land) categorical exemption: Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include, but are not limited to: (b) New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire-resistant landscaping. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. This project qualifies for a Class 4 (Minor Alterations to Land) categorical exemption under CEQA as it involves minor alterations to vegetation conditions without the removal of healthy, mature, scenic trees, consistent with the exemption's scope. The targeted removal of invasive mustard and thistle plants supports fuel management objectives by reducing flammable vegetation, aligning with subsection (i), which allows for such activities within 30 feet of structures and up to 100 feet if required by the local fire authority; so long as no significant impacts to erosion, sedimentation, or to endangered, rare, or threatened species. These activities also align with subsection (b) by promoting fire-resistant landscaping practices in support of wildfire mitigation efforts.