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HomeMy WebLinkAbout19 - Via Oporto ROW Private Improvements - SupplementalMEMORANDUM Date: November 21, 2014 To: City Council From: David Webb, Public Works Director 14'v- Subject: Additional Finding for Environmental Review for Item 19 of the City Council Agenda for 11/25/14 November 25, 2014 Agenda Item No. 19 � SEW apRT }, m Cq4IFOR��P Public Works Department Subsequent to the publication and distribution of the subject Council reports for November 25, 2014, Community Development staff provided the following comments on the Environmental Review section of the referenced report: Item 19 — Request to Install New Private Improvements within the Via Oporto Public Right -of -Way in Lido Marina Village With respect to Lido Marina Village, City Council should also find that project is exempt from the California Environmental Quality Act ( "CEQA') pursuant to Section 15301 (as shown in underline.) Revised Environmental Review: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a change to the environment, directly or indirectly. Also the project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the changes to the existing right -of -way have no potential to have a significant effect on the environment. The changes to the right -of- way involve the construction of new curbs, gutters, and sidewalks and the reconfiguration of existing public parking spaces creating additional public parking spaces in a commercial shopping district. As a result, the changes are minor and are not an expansion of the right -of -way. Recommended Action Staff recommends the above change to the Environmental Review section of the report (shown in underlines) be accepted to clarify that City Council shall find the project is not subject to the California Environmental Quality Act based on Sections 15060(c)(2), 15060(c)(3) and 15301. fAusers\pbw\shared \council\fy 14- 15\november 25 \401 & 403 heliotrope ave - request to install private improvements within the public right of way\revise ceqa for 11 -25 -14 items.doc