HomeMy WebLinkAbout92-41 - Special Assessment District 63 - Newport Island•
RESOLUTION NO. 92 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH PASSING ON THE NEGATIVE
DECLARATION FOR THE UNDERGROUNDING OF
UTILITIES ON NEWPORT ISLAND (ASSESSMENT
DISTRICT NO. 63)
WHEREAS, the City of Newport Beach has received a petition from owners of
property on Newport Island to form a special assessment district for the purpose of
undergrounding utilities; and
WHEREAS, in compliance with the California Environmental Quality Act (California
Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code of
Regulations Sec. 15000 et seq.), an Initial Study has been prepared to address the potential
environmental effects associated with the proposed project; and
WHEREAS, the Initial Study concluded that the project could not have a significant
effect on the environment, therefore a Negative Declaration has been prepared; and
WHEREAS, the Negative Declaration was posted for public review from April 6 to
April 27, 1992 as required by CEQA; and
WHEREAS, the City Council of the City of Newport Beach conducted a public
hearing on April 27, 1992 to receive and consider public testimony with respect to the
proposed project and the Negative Declaration.
NOW, THEREFORE, BE 17F RESOLVED that based upon the information
contained in the Initial Study, comments received, and all related documents, the City
Council finds there is no substantial evidence that the project could have a significant effect
on the environment, therefore the Negative Declaration is hereby affirmed. The Negative
Declaration adequately addresses the potential environmental impacts of the project, and
• satisfies all the requirements of CEQA. The Negative Declaration reflects the independent
judgement of the City Council and was reviewed and considered prior to approval of the
project.
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BE IT FURTHER RESOLVED that considering the record as a whole there is no
evidence before this agency that the proposed project will have the potential for an adverse
effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the
evidence in the record, this agency finds that the presumption of adverse effect contained
in Section 7535(d) of Title 14 of the California Code of Regulations (CCR) has been
• rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee
Exemption pursuant to Section 7535(c) of Title 14, CCR.
ADOPTED THIS 27th day of April - 1992.
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