CC Resolution No. 13-007 Certifying the Final Program Environmental Impact Report (EIR) regarding Reusable Bags RESOLUTION NO. 13-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
(EIR)AND ADOPTING THE FINDINGS OF FACT PURSUANT TO THE EIR
WHEREAS, single-use carryout bags constitute a high percentage of litter, which
is unsightly, costly to clean up, and causes serious negative environmental impacts; and
WHEREAS, the City has a substantial interest in protecting its residents and the
environment from negative impacts from plasi:ic carryout bags; and
WHEREAS, on October 23rd, 2012 the San Mateo County Board of Supervisors
certified a Program Environmental Impact Report ("Program EIR") that analyzed the
impacts of the County of San Mateo's Reusable Bag ordinance if adopted in cities
throughout the County of San Mateo (herein referred to as the County) as well as
neighboring jurisdictions. The Program EIR was adopted and certified pursuant to the
California Environmental Quality Act, Public Resources Code section 21000 et seq.
("CEQA") and the CEQA Guidelines, California Code of Regulations, Title 14, Section
15000 et seq. and is incorporated by reference herein; and
WHEREAS, on November 6th, 2012 the County adopted an ordinance banning
single-use carryout bags from stores, while requiring stores that provide reusable bags
to charge customers for such bags; and
WHEREAS, the County's ordinance encouraged cities within and neighboring
the County to adopt similar ordinances and the County's EIR specifically analyzed the
possibility of 24 cities (18 cities within San Mateo County and the City of Cupertino
and 5 other cities in Santa Clara County) adopting San Mateo County's ordinance
within their own jurisdictions; and
WHEREAS, the City of Cupertino intends its "Regulation of Single-Use Carryout
Bags" ordinance to fall within the scope of the County's EIR and has therefore modeled
the City's ordinance on the County's ordinance.
NOW, THEREFORE, BE IT RESOLVED THAT:
Pursuant to Section 15096 of the CEQA Guidelines, the City of Cupertino acts as a
responsible agency for adoption of the Regulation of Reusable Bags ordinance within
the City of Cupertino. Upon independent review of the Program EIR and all the
evidence before it, the City Council makes the following findings:
1) The Final Program Environmental Impact Report ("Final Program EIR") is
complete, correct, adequate, and prepared in accordance with CEQA, 14
California Code of Regulations section 15000 et seq. ("CEQA Guidelines"), and
the public comment period; and
2) On the basis of the Initial Study, Notice of Preparation, Final Program EIR, and
public comment received by both the County of San Mateo and the City of
Cupertino, there is no substantial evidence that the project as proposed will have
a significant effect on the environment; and
3) Adoption of the Regulation of Reusable Bags ordinance and analysis of the
Program EIR reflects the independent judgment of the City Council of the City of
Cupertino; and
4) None of the conditions listed in CEQA Guidelines section 15162(a) are applicable
to adoption of the Regulation of Reusable Bags ordinance, and adoption of the
Regulation of Reusable Bags ordinance is an activity that is part of the program
examined by the County's Final Program EIR and is within the scope of the
project described in the County's Final Program EIR.
5) A Notice of Determination shall be filed by the City of Cupertino pursuant to
CEQA Guidelines sections 15094 and 15096.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 15th day of January, 2013, by the following vote:
Vote Members of the City Council
Ayes: Mahoney, Wong, Chang, Santoro, Sinks
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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Grace Schmidt, City Clerk Orrin Mahoney, M./r, City of Cupertino