Storm Drain Easement Vacation
Summary
SCH Number
2025071238
Public Agency
City of San Juan Capistrano
Document Title
Storm Drain Easement Vacation
Document Type
NOE - Notice of Exemption
Received
Posted
7/30/2025
Document Description
Vacate a portion of public storm drain easement. Easement does not serve public purposes. St. Margaret’s Episcopal School and the City of San Juan Capistrano are beneficiaries of the project.
Contact Information
Name
Taig Higgins
Agency Name
City of San Juan Capistrano
Job Title
Contract Engineer
Contact Types
Lead/Public Agency
Phone
Name
John Eclevia
Agency Name
St. Margaret’s Episcopal School
Job Title
Director of Facilities and Construction
Contact Types
Project Applicant
Phone
Email
Location
Cities
San Juan Capistrano
Counties
Orange
Regions
Citywide
Cross Streets
Ortega Highway
Zip
92675
Total Acres
n/a
Parcel #
666-251-05 & 666-261-03
State Highways
California
Railways
railways within one mile
Airports
n/a
Schools
yes
Waterways
n/a
Township
n/a
Range
n/a
Section
n/a
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
State type and section number: 15301 (Class 1-Existing Facilities) and 15305 Class 5 -Minor Alterations in Land Use Limi
Reasons for Exemption
Class 1 applies to “minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” This exemption applies because the storm drain infrastructure within the easement already exists, will remain in place without modification, and, following the vacation, will be privately owned and maintained by SMES. No new construction, grading, or expansion of use would occur as a result of the easement vacation, and the project would not impact current zoning or land use.
Class 5 applies to “minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density.” The proposed vacation of the City’s storm drain easement constitutes a minor alteration in land use limitations, as it removes a public encumbrance over private property that no longer serves a public purpose. The site is developed, urbanized, and generally flat, with no change in land use or zoning proposed or required.
None of the exceptions to the use of a categorical exemption identified in CEQA Guidelines Section 15300.2 apply. The storm drain easement is not located in a particularly sensitive environment, will not result in cumulative impacts, does not involve unusual circumstances, is not located along a designated state scenic highway, is not included on any list of hazardous waste sites compiled pursuant to Government Code Section 65962.5, and does not involve any historical resources.
Finally, the action separately qualifies for the common sense exemption under CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that vacating an unused and nonfunctional public storm drain easement, where the underlying infrastructure will remain in use and be privately maintained, will result in a significant effect on the environment.
County Clerk
Orange
Attachments
Notice of Exemption
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