RESOLUTION NO. 23-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE, COUNTY, OR ANY OTHER PUBLIC AGENCY, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR §§ 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES) WHEREAS, the City Council of San Clemente on March 21, 2023, adopted Resolution 23-09 pursuant to sections 39561 and 39562 of the California Government Code declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances and providing for the abatement thereof; and WHEREAS, the Code Compliance Division has completed the necessary public notices to owners of each parcel identified in the Weed Abatement Program, as listed in Exhibit 1 of Resolution 23-09; and WHEREAS, these property owners have been notified that all weeds must be cut to a height no higher than one inch (1") from the ground and the property must be maintained in this manner for the remainder of the calendar year; and WHEREAS, pursuant to Government Code Section 39567.1, these property owners have been informed that if they do not remove the weeds, rubbish, refuse, and dirt, then the City will remove these nuisances, and the cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid; and WHEREAS, these property owners have been properly notified of the public hearing on this matter; and WHEREAS, on May 2, 2023, the City Council held a duly noticed public hearing, and received, heard and considered all evidence and testimony presented at and before such public hearing.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1: Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as fully set forth in this resolution.
SECTION 2: CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies).
The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This exemption covers, but is not limited to, maintenance of existing landscaping, native growth, and water supply reservoirs. The project does not change the existing general use of the site. Thus, the project qualifies for the Class 1 exemption.
The Class 8 exemption specifically exempts from further CEQA review actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The purpose of the weed abatement process is to protect the City’s environmental resources by reducing the possibility of weed and debris fires in San Clemente. Thus, the project qualifies for the Class 8 exemption.
The Class 21 exemption specifically exempts from further CEQA review actions taken by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The weed abatement process enforces the Resolution 23-09, A Resolution of the City Council of the City of San Clemente, California, Pursuant to Section 39561 And 39562 of the California Government Code Declaring Weeds, Rubbish, Refuse, And Dirt Upon Streets, Sidewalks, Parkways, and Private Property to be Public Nuisances and Providing for the Abatement Thereof. Thus, the project qualifies for the Class 21 exemption.
Furthermore, none of the exceptions to the use of the Class 1, 8, and 21 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. The weed abatement process consists of regular maintenance activities to reduce the risk of fires in the City. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment because the project is limited to the removal of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. The project will be carried out on vacant or unoccupied, structured lots with no historical resources affected. And the project has no possibility of a direct or foreseeable indirect significant impact on the environment. Thus, the Class 1, 8, and 21 exemptions apply, and no further environmental review is required.
SECTION 3: The City Council, pursuant to Government Code Section 39571, hereby directs the Community Development Director or her designee to abate the nuisances by having the weeds, rubbish, refuse, and dirt removed from vacant and unoccupied, developed properties within the City of San Clemente that are not in compliance with the weed abatement standards, as indicated on the notices mailed to the property owners, at such owners’ cost, at such time as the City’s Weed Abatement Contractor arrives at the property and to notify the State, County, or any other public agency of such nuisances.
SECTION 4: The cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid.
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of _________________, 2023.
ATTEST:
_______________________________ _____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-__ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of _________________, ________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-23 Page 4
Resolution No. 23-23 Page 2
Attachment 1