CC Resolution No. 14-114 Adopting Polystyrene Foam Food Container DeclarationRESOLUTION NO. 14 -114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING THE EXPANDED POLYS17YRENE FOAM FOOD CONTAINER -
WARE NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY
WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, expanded polystyrene (EPS) constitutes a high percentage of
litter, which is unsightly, costly to clean, and causes serious negative
environmental impacts (detrimental effects on water quality, harming fish and
wildlife and global marine ecosystems); and
WHEREAS, the City of Cupertino ( "City ") has a substantial interest in
protecting its residents and the environment from negative impacts from EPS
foam disposable food service ware; and
WHEREAS, adoption of an ordinance regarding EPS is considered a
"project" for purposes of the California Environmental Quality Act ( "CEQA "),
Public Resources Code, Section 21000, et seq.; and
WHEREAS, the City of San Josd designated itself the lead agency for
environmental review under CEQA of a EPS ordinance, addressing the impacts
of an ordinance regulating the use of EPS foam food service ware by restaurants
and food service establishments withinn the participating jurisdictions in the
County of Santa Clara; and
WHEREAS, the Planning Director of the City of San Jose prepared a
Program Initial Study and approved for circulation a Negative Declaration for
the Expanded Polystyrene Foam Food Ware Ordinance under Planning File No.
PP13 -043 (the "Initial Study, /Negative Declaration "), all in accordance with
CEQA; and
WHEREAS, on August 27, 2013, the City of San Jose certified a Program
Initial Study and recommended a Negative Declaration for adoption; and
WHEREAS, the City is participating as a responsible agency in the
Program Initial Study and Negative Declaration that was certified by the City of
San Jose City Council in connection with the City's adoption of the EPS
ordinance; and
Resolution No. 14 -114
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WHEREAS, the Initial Study /Negative Declaration concluded that
implementation of the Project would not result in any significant effects on the
environment; and
WHEREAS, there are no site - specific operations required by the City's
adoption of its ordinance that are anticipated to create environmental effects
different from those covered by the Program Initial Study; and
WHEREAS, the City's proposed ordinance fits within the scope of the
City of San Jose's Program Initial Study; and
WHEREAS, the City Council has reviewed and carefully considered the
information in the Program Initial Study /Negative Declaration, and. makes the
findings contained in this resolution as an objective and accurate document that
reflects the independent judgment and analysis of the City in the discussion of
the ordinance's environmental impacts.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City
of Cupertino hereby finds as follows:
1. The foregoing recitals are true and correct and made a part of this
Resolution.
2. The documents and other material constituting the record for these
proceedings are located at the Department of Public Works, located at
10300 Torre Ave, Cupertino, CA 95014, and in the custody of the
Public Works Director.
3. The City Council has reviewed and considered the Program Initial
Study (IS) and Negative Declaration, and environmental impacts of the
proposed ordinance as shown in the Program Initial Study.
4. The Program Initial Study and Negative Declaration prepared and
certified by the City of San Jose for adoption of a polystyrene foam
disposable food service ware within 13 jurisdictions in Santa Clara
County, specifically including the City of Cupertino, having been
prepared in accordance with the provisions of CEQA, is determined to
Resolution No. 14 -114
Page 3
be adequate for Council's action on this polystyrene foam disposable
food service ware ordinance.
5. The City Council hereby approves and adopts the entirety of the
CEQA findings of fact for the City of Cupertino as a responsible
agency pursuant to Section 15096 for the polystyrene foam disposable
food service ware ordinance.
6. Based on the information and analysis in the Program Initial Study, the
City Council finds that the proposed ordinance will not result in any
significant effects on the environment. The City Council finds that
there are no feasible alternatives or mitigation measures that would
substantially lessen or avoid any significant effects the project would
have on the environment.
7. None of the conditions in CEQA Guidelines Section 15162 or Section
15163 are applicable to adoption of the ordinance, and adoption of the
ordinance is an activity that is part of the program examined by the
Program Initial Study, within the scope of the project described in the
Program Initial Study, and no further environmental review is
required.
BE IT FURTHER RESOLVED that a Notice of Determination shall be
prepared and filed pursuant to CEQA Guidelines Section 15096.
BE IT FURTHER RESOLVED that this resolution shall become effective
upon adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a
Resolution passed and adopted by the City Council of the City of Cupertino at a
meeting thereof on the 215' day of anuar 2014 by the following vote:
Vote Members of the City Council
Ayes: Wong, Sinks, Chang, Mahoney, Santoro
Noes: None
Absent: None
Abstain: None
Resolution No. 14 -114
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ATTEST:
ego, fG 2�5 f y
Grace Schmidt, City Clerk
APPROVED:
Gilbert Wong, Mayor, City o ' upertino