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2014-073 - Negative Declaration prepared by the City of San Jose for the regulation of the use of Polystyrene foam food service container-ware by food providersRESOLUTION 2014 -073 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE EXPANDED POLYSTYRENE FOAM FOOD SERVICE CONTAINER -WARE NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE ADDITION OF CHAPTER 10.45 TO THE TOWN OF LOS GATOS MUNICPAL CODE WHEREAS, expanded polystyrene (EPS) constitute a percentage of litter, which is unsightly, costly to clean up, and causes serious negative environmental impacts (detrimental effects on water quality, harming fish and wildlife and global marine ecosystems); and WHEREAS, the Town of Los Gatos ( "Town ") 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 Jose 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 ware by restaurants and food service establishments within 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 certified a Program Initial Study and recommended a Negative Declaration for adoption; and WHEREAS, the Town 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 WHEREAS, there are no site - specific operations required by the Town's adoption of its ordinance that are anticipated to create environmental effects different from those covered by the Program Initial Study; and WHEREAS, the Town's proposed ordinance fits within the scope of the City of San Jose's Program Initial Study; and WHEREAS, the Town 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 Town in the discussion of the ordinance's environmental impacts; BE IT FURTHER RESOLVED, that based on the entirety of the record before it, which includes, without limitation, the City of San Jose's Program Initial Study/Negative Declaration, all reports, minutes, and public testimony submitted as part of the Town Council's meeting on December 2, 2014, the Town Council of the Town of Los Gatos, upon independent review and all the evidence before it, 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 Town Manager's Office, for the Town of Los Gatos, 110 E. Main Street, Los Gatos CA 95030, and in the custody of the Town Manager. 3. The Town 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 ware ordinance within 13 jurisdictions in Santa Clara Counties, specifically including the Town of Los Gatos, having been prepared in accordance with the provisions of CEQA, is determined to be adequate for Council's action on this polystyrene foam disposable food service ware ordinance. 5. The Town Council hereby approves and adopts the entirety of the CEQA findings of fact for the Town of Los Gatos as a responsible agency pursuant to Section 15096 for the polystyrene foam disposable food service ware ordinance, attached as Exhibit A, and incorporated herein by reference. 6. Based on the information and analysis in the Program Initial Study, the Town Council finds that the proposed ordinance will not result in any significant effect on the environment. The Town Council finds that there are no feasible alternatives or mitigation measures that would substantially lessen or avoid any significant effect 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 this ordinance, and adoption of this ordinance is an activity that is part of the program examined by the Program Initial Study, is within the scope of the project prescribed 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of December, 2014, by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayco, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A TESTC� CL j TLfNISST-RATOR OF THE TOWN OF LOS GATOS LOS TOS, CALIFORNIA