Background:
The District developed the Jose Vargas Elementary School Tree Removal Project ("Proposed Project") which consists of the removal of nine (9) ornamental pine trees, and replacing them with 18 smaller native trees on the eastern portion of the campus near North Whisman Road.
Before the District may determine to carry out the Proposed Project, it must complete environmental review under CEQA, unless exempt. CEQA exempts certain defined projects from completing a negative declaration or environmental impact report. District staff has determined that the Proposed Project meets the definition of the Class 4 Categorical Exemption.
The Class 4 Categorical Exemption, set forth in CEQA Guidelines section 15304, exempts a project that consists of minor public or private alterations in the condition of land or vegetation that do not include removal of healthy, mature, scenic trees. Here, the Proposed Project consists of the removal of nine healthy and mature pine trees that are simply ornamental and not scenic, and replacement of them with smaller native trees on a public school site, which are minor alterations to land.
CEQA Guidelines section 15300.2 provides six exceptions that would disqualify a project from being Class 4 Categorically exempt. There are: 1) where the cumulative impact of successive projects of the same type in the same place would be significant over time; 2) a significant environmental impact would occur due to unusual circumstances; (3) a project that would cause damage to scenic elements within a designated state scenic highway; (4) a project that is on a site designated as a Hazardous Waste Site; (5) a project that causes a substantial adverse change to a historical resource; or (6) the project's location is not in a particularly sensitive environment. None of the six exceptions apply:
- The Proposed Project is the only project of the same type at the same place. No other similar, successive projects are proposed.
- There are no known unusual circumstances that would be caused by the removal and replacement of trees.
- According to the Caltrans Scenic Highway System Map website, the Proposed Project site does not contain an officially designated State of California scenic highway. Therefore, no scenic highway or resource would be affected as a result of the Proposed Project.
- The Proposed Project site is not a designated Hazardous Waste site.
- The Proposed Project does not involve changes to buildings. Therefore, the Proposed Project would not cause any changes to a historical resource.
- The Proposed Project site is located within an urban built-up environment and is not within a sensitive area.
Accordingly, there is no exception that would disqualify the Proposed Project from the Class 4 Categorical Exemption.
Should the Board adopt the Resolution, District staff will file a Notice of Exemption with the Santa Clara County Clerk and the State Clearinghouse.
The filing of the Notice of Exemption does not require the District to remove the trees. The CEQA NOE is being filed to begin the 30 day waiting period should the District elect to remove the trees in question.
Fiscal Implication:
None.
Recommended Action:
It is recommended that the Board of Trustees adopt Resolution No. 02-061622 Determining that the Jose Vargas Elementary School Tree Removal Project is Exempt from the California Environmental Quality Act, Deciding to Carry Out the Project, and Directing the Filing of a Notice of Exemption.