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RESOLUTION 2014 -073 <br />RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS <br />ADOPTING THE EXPANDED POLYSTYRENE FOAM FOOD SERVICE <br />CONTAINER -WARE NEGATIVE DECLARATION, FOR WHICH AN <br />INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE <br />CALIFORNIA ENVIRONMENTAL QUALITY ACT, <br />FOR THE ADDITION OF CHAPTER 10.45 TO THE TOWN OF <br />LOS GATOS MUNICPAL CODE <br />WHEREAS, expanded polystyrene (EPS) constitute a percentage of litter, which is <br />unsightly, costly to clean up, and causes serious negative environmental impacts (detrimental <br />effects on water quality, harming fish and wildlife and global marine ecosystems); and <br />WHEREAS, the Town of Los Gatos ( "Town ") has a substantial interest in protecting its <br />residents and the environment from negative impacts from EPS foam disposable food service <br />ware; and <br />WHEREAS, adoption of an ordinance regarding EPS is considered a "project" for <br />purposes of the California Environmental Quality Act ( "CEQA "), Public Resources Code, <br />Section 21000, et seq.; and <br />WHEREAS, the City of San Jose designated itself the lead agency for environmental <br />review under CEQA of a EPS ordinance, addressing the impacts of an ordinance regulating the <br />use of EPS foam food ware by restaurants and food service establishments within the <br />participating jurisdictions in the County of Santa Clara; and <br />WHEREAS, the Planning Director of the City of San Jose prepared a Program Initial <br />Study and approved for circulation a Negative Declaration for the Expanded Polystyrene Foam <br />Food Ware Ordinance under Planning File No. PP13 -043 (the "Initial Study/Negative <br />Declaration "), all in accordance with CEQA; and <br />WHEREAS, on August 27, 2013, the City of San Jose certified a certified a Program <br />Initial Study and recommended a Negative Declaration for adoption; and <br />WHEREAS, the Town is participating as a responsible agency in the Program Initial <br />Study and Negative Declaration that was certified by the City of San Jose City Council in <br />connection with the City's adoption of the EPS ordinance; and <br />WHEREAS, there are no site - specific operations required by the Town's adoption of its <br />ordinance that are anticipated to create environmental effects different from those covered by the <br />Program Initial Study; and <br />WHEREAS, the Town's proposed ordinance fits within the scope of the City of San <br />Jose's Program Initial Study; and <br />