HomeMy WebLinkAboutRES-12-6792 (BAN POLYSTYRENE FOOD SERVICE WARE)2
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RESOLUTION NO. 12-6792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION FOR AMENDMENTS TO THE HERMOSA BEACH
MUNICIPAL CODE TO BAN POLYSTYRENE FOOD SERVICE WARE
SECTION 1. Recitals.
A. At its meeting on March 27, 2012, the City Council of the City of Hermosa Beach
considered an ordinance banning certain activities related to the use and distribution of polystyrene
food service ware (Ordinance No. 12-1332).
B. This proposed ordinance (TEXT 11-5) derived from a recommendation made by the
City of Hermosa Beach's Green Task Force to adopt an ordinance banning polystyrene food take-
out containers to reduce marine pollution and impacts on the beach and ocean, reduce litter that is
difficult to clean up, improve the City's stormwater program, reduce health impacts to consumers
and food service employees using polystyrene, and educate business owners and citizens about
these issues, following discussion and public outreach in 2010 and 2011, and this proposal was
considered by the City Council between May 10, 2011 and March 27; 2012.
C. The Initial Study and Negative Declaration were available to the public February 23,
2012 through March 24, 2012 for the required 20-day review period.
D. The City received no written comments on the Negative Declaration during the
comment period.
Section 2. Findings.
A. Pursuant to the authority and criteria contained in the California Environmental Quality
Act (CEQA), the City Council has analyzed the proposed ordinance and the Initial Study staff
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prepared pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, staff concluded
Ithat the project would not have a significant impact on the environment; subsequently staff
prepared and circulated a Draft Negative Declaration pursuant to CEQA Guidelines Section I
115070.
B. Pursuant to the Title 14 of the California Code of Regulations, the project will result in I
a less than significant impact on the enviromment for the reasons stated in the Negative
I Declaration and Initial Study, a Negative Declaration has been prepared in accordance with the
California Environmental Quality Act, the California Department of Fish and Game has made a
I "No Effect Determination" that the project will not impact fish or wildlife or the habitat on which
it depends, and the project is consistent with the General Plan and zoning code as stated in the
Negative Declaration. The Negative Declaration prepared for this project reflects the City's
independent judgment and analysis.
C. The Initial Study/ Negative Declaration analyzed multiple impact areas of the project.
The City Council finds that the project, as proposed does not have the potential to significantly
degrade the quality of the environment, nor does it have impacts which are individually limited but
cumulatively considerable and because of the nature of the ordinance will remain consistent with
the General Plan. The project will not degrade the environment and may have beneficial impacts
by reducing polystyrene packaging in the City of Hermosa Beach and reducing impacts to marine
life; recreational use of the beach and ocean; storm drain system, stormwater program and
attainment of the Santa Monica Bay Nearshore and Offshore Debris TMDL; aesthetics; use of
nonrenewable resources; and human health.
D. The City Council has considered the Negative Declaration during the public review
process. Based on the record as a whole, there is no substantial evidence that the project, as
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conditioned, will have a significant effect on the environment.
E. The documents and other materials which constitute the record of proceedings upon
which this decision is based are in the custody of the City Clerk and located in City Hall.
Section 3. The City Council hereby adopts the Negative Declaration for TEXT 11-5.
Section 4. The City Clerk is directed to file the Notice of Determination with the Los
Angeles County Clerk.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
ATTEST:
City Clerk
PASSED, APPROVED, and ADOPTED this 27th day of March, 2012.
Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
%CityAttomey
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12-6792
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
1, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No.12-6792 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on March 27, 2012.
The vote was as follows:
AYES:
Duclos, Tucker, Mayor Fishman
NOES:
Bobko, DiVirgilio
ABSTAIN:
None
ABSENT:
None
Dated: April 11, 2012
Elaine Doerfling, City Clerk