2018-67 - Adopting Mitigated Negative Declaration No. ND2018-002 (SCH#2018081013) for the Newport Bay Water Wheel Project (PA2018-153)

RESOLUTION NO. 2018-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2018- 002 (SCH#2018081013) FOR THE NEWPORT BAY WATER WHEEL PROJECT (PA2018-153) WHEREAS, Newport Bay experiences large volumes of trash and debris yearly from San Diego Creek; WHEREAS, the City of Newport Beach ("City") strives for a healthy trash free Bay and clean water quality, WHEREAS, the City's Water Quality/Coastal Tidelands Committee's 2017-2018 Committee Goals/Objectives prioritize the installation of a trash collection device in San Diego Creek; WHEREAS, a public meeting was held by the City Council on September 25, 2018, in the Council Chambers located at City Hall, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; and WHEREAS, after thoroughly considering the Newport Bay Water Wheel Project Mitigated Negative Declaration ("MND"), and the public testimony and written submissions of all interested persons desiring to be heard, the City Council finds the following facts, findings, and reasons to support adopting the MND: 1. Pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000, et seq., the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, the proposed amendments ("Project") are defined as a project and as such subject to environmental review. 2. The City caused to be prepared an Initial Study/MND in compliance with CEQA, State CEQA Guidelines and City Council Policy K-3. 3. Notice of availability of the draft MND was provided and the draft MND was made available for public review for a thirty (30) day comment period beginning on August 3, 2018, and ending September 2, 2018. Notice of Availability of the draft MND was given in accordance with CEQA, State CEQA Guidelines and City Council Policy K-3. Four (4) comment letters were received during the thirty (30) day review period.