RESOLUTION NO. 24-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE STATE LANDS COMMISSION FOR THE USE AND MAINTENANCE OF PUBLIC BEACH ACCESS FACILITIES AT LINDA LANE, EL PORTAL AND MARIPOSA; AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1, SECTION 15301 OF THE STATE CEQA GUIDELINES (EXISTING FACILITIES, 14 CCR 15301) WHEREAS, the State Lands Commission has previously approved the use and maintenance of beach access points, including an access ramp and box culvert at the Linda Lane railroad undercrossing, a beach access stairway, riprap with concrete footings at the El Portal railroad crossing, and a beach access stairway, riprap, and precast box culvert with concrete retaining walls at the Mariposa railroad undercrossing under a lease with the City; and WHEREAS, on February 2, 2023, the previous Lease between the State Lands Commission and the City expired; and WHEREAS, the State Lands Commission and City have a public interest in renewing the Lease from February 2, 2023 through February 1, 2038.
NOW, THEREFORE, the City Council of the City of San Clemente hereby find, determine and resolve as follows:
SECTION 1. That based on substantial evidence in the record as a whole, a lease with the State Lands Commission for the use and maintenance of beach access points, including an access ramp and box culvert at the Linda Lane railroad undercrossing, a beach access stairway, riprap with concrete footings at the El Portal railroad crossing, and a beach access stairway, riprap, and precast box culvert with concrete retaining walls at the Mariposa railroad undercrossing is categorically exempt under the California Environmental Quality Act (CEQA) under Class 1, Section 15301 of the state CEQA Guidelines (Existing Facilities, 14 CCR 15301) because it consists of consists of the operation, repair, maintenance, leasing, or minor alteration of existing public facilities, involving negligible or no expansion of existing or former use, and there is no possibility of a direct or foreseeable indirect significant impact on the environment.
SECTION 2. That the City Manager is authorized and directed to execute a lease with the State Lands Commission for the use and maintenance of the public beach access facilities at Linda Lane, El Portal, and Mariposa in a form substantially similar to that presented to the City Council on March 5, 2024 and to execute such other documents and take such other and further actions as may be necessary and proper to accomplish the purpose of this resolution.
SECTION 3. That 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 5th day of March, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California 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. 24-30 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March 2024, 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 ____________, 2024. ______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-30 Page PAGE 4
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ATTACHMENT 2
4893-7738-2247 v1