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 providers

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RESOLUTION 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