RESOLUTION NO. 25-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROPRIATING FUNDS TO EXTEND THE PILOT GOAT-GRAZING PROGRAM FOR WILDFIRE PREVENTION PURPOSES, DIRECTING STAFF TO INITIATE A REQUEST FOR PROPOSALS, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301, 15304, 15307, 15308 (14 CCR § CLASS 1: EXISTING FACILITIES, CLASS 4: MINOR ALTERATIONS TO LAND, CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL RESOURCES, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT), AND STATUTORILY EXEMPT UNDER PUBLIC RESOURCES CODE §§ 21080(b)(4) (EMERGENCY PROJECTS) AND § 21080.42 (SB 131 - FIRE PREVENTION EXEMPTION) WHEREAS, the City Council recognizes the heightened risk of wildfire in the City’s Very High and High Fire Hazard Severity Zones and has adopted a Local Hazard Mitigation Plan prioritizing vegetation management to reduce that risk; and WHEREAS, the City’s 2025 Pilot Goat Grazing Program successfully reduced hazardous fuel loads in targeted wildland-urban interface (WUI) areas, and extending the program to maintain and expand these fire-prevention benefits is in the City’s and the public’s best interest; and WHEREAS, the extension will provide for goat-grazing services through March 31, 2026, pending the outcome of state and federal wildfire-prevention grant applications; and WHEREAS, the City Council desires to appropriate up to $100,000 from the General Fund to extend the Pilot Goat-Grazing Program and direct staff to initiate a Request For Proposals for continued grazing services; and WHEREAS, the City Council finds the extension of the goat-grazing program is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 § 15301(h) (Existing Facilities), Class 4, § 15304 (Minor Alterations to Land), Class 7, § 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and Class 8, § 15308 (Actions by Regulatory Agencies for Protection of the Environment)and is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption), as the activity consists of fuel-modification work to reduce the risk of wildfires, and invasive and non-native vegetation that degrades the natural environment.
NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.
SECTION 2. 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 ), 15304 (Class 4: Minor Alterations to Land), 15307 (Class 7: Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption).
The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private facilities and topographical features 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 properties. Thus, the project qualifies for the Class 1 exemption.
The Class 4 exemption specifically exempts from further CEQA review the 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 and agricultural purposes. This exemption covers, but is not limited to, 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. Thus, the project qualifies for the Class 4 exemption.
The Class 7 exemption specifically exempts from further CEQA review the actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource, where the regulatory process involves procedures for protection of the environment. This exemption covers, but is not limited to, agency actions aimed at safeguarding natural resources through regulatory procedures, provided there’s no physical construction involved. Thus, the project qualifies for the Class 7 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 pilot goat-grazing project is to protect the City’s environmental resources by reducing risk of wildfires, and invasive and non-native vegetation that degrades the natural environment. Thus, the project qualifies for the Class 8 exemption.
Furthermore, none of the exceptions to the use of the Class 1, 4, 7, and 8 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 pilot goat-grazing project 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, and invasive and non-native vegetation that degrades the natural environment within the City’s open space areas. 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 open space-zoned properties 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, 4, 7, and 8, and 21 exemptions apply.
Additionally, the pilot goat-grazing project is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption) in that it consists of specific actions necessary to prevent or mitigate an emergency—namely, the imminent threat of wildfire in areas designated as Very High and High Fire Hazard Severity Zones. The project’s vegetation management activities are directly intended to reduce flammable fuel loads and create defensible space to protect life, property, and critical infrastructure from catastrophic fire events. Under § 21080.42, the work qualifies for the fire prevention exemption because it involves wildfire risk reduction in compliance with applicable environmental protection measures, is located in a wildland-urban interface area, and does not exceed the acreage limitations set forth in the statute. Thus, the project qualifies for both the emergency project and fire prevention statutory exemptions. Thus, no further environmental review is required.
SECTION 3. The City Council hereby approves a supplemental appropriation of up to $100,000 from the General Fund to extend the Pilot Goat-Grazing Program through March 31, 2026.
SECTION 4. The City Council directs the City Manager, or their designee, to initiate a Request For Proposals for goat-grazing services to extend the Pilot Goat-Grazing Program through March 31, 2026, and return to Council for contract award if the amount exceeds the City Manager’s authorization limit.
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 _____________________, ____.
ATTEST:
City Clerk of the City of Steve Knoblock, Mayor of the San Clemente, California City of 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. 25-116 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
995292.1
Resolution No. 25-116 Page 2
Attachment 1
Resolution No. 24-80 Page 2
Resolution No. 25-X1 Page 3