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HomeMy WebLinkAbout2012-21 Cert of EIR Carry-out BagRESOLUTION NO. 2012-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE ("PRC") SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE DECISION TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT AND APPROVE A SINGLE USE CARRY-OUT BAG ORDINANCE WHEREAS: 1. The City Council has certified as adequate and complete an Environmental Impact Report ("EIR") for a proposed single use carry-out bag ordinance. The EIR consists of a Draft Environmental Impact Report, dated January, 2012, ("DEIR"), a Final Environmental Impact Report, including a response to comments, dated March 2012, ("FEIR"). No Mitigation Monitoring and Reporting Program is required because no potentially significant impacts were identified and therefore no mitigation measures were required; and 2. The project includes regulating the distribution of single-use carryout bags at the point of sale. The proposed ordinance would add Chapter 9 to Division 5 of the City's Municipal Code and prohibit the free distribution of single-use carryout paper and plastic bags at the point of sale (i.e., check-out) for all commercial retail businesses in Ukiah, on a phased timetable depending on the type of retail establishment. An exception is made for paper bags containing at least 40 percent recycled content. The proposed ordinance would exclude restaurants ("Public Eating Establishments" as defined in the ordinance). The proposed ordinance would also exclude plastic or paper bags that are used by customers or the store to protect or contain meat, fresh produce, food prepared at the establishment, or other goods that must be protected from moisture, damage, or contamination, and that are typically placed inside a carryout bag at the point of sale. Supermarkets and drug stores would be subject to the ordinance 180 days after it is enacted. Other stores, including department stores, clothing stores, liquor stores, book stores, specialty stores, and convenience stores would have to comply one year later. The ordinance does not distinguish among types of plastic or types of plastic bags beyond their Single Use Carry Out Bag Ordinance Environmental Impact Report/Ordinance Introduction 1 City Council Resolution April 18, 2012 ability to be reused multiple times. Single-use plastic bags provided free to customers at the check-out stand for the purpose of holding the customer's purchases are prohibited by the ordinance. Plastic bags are allowed if the bags are intended and identified as reusable and meet the ordinance's definition of reusable bags; and 3. The primary objectives of the proposed project, as explained in the DER on page 15 are to: Minimize the dedication of non-renewable resources to single-use carryout bags, facilitate the change in consumer behavior toward the use of reusable bags, reduce the annual distribution of single-use carryout bags through regulating their free distribution at retail establishments, minimize to the greatest extent feasible the amount of single-use carryout bag litter contaminating property, polluting streets, parks, sidewalks, storm and sewer systems, creeks, streams and the ocean, and to minimize to the greatest extent feasible the presence of plastic bags in the City's recycling program, where they contaminate recovered material streams and clog processing equipment. 4. The EIR has concluded that no significant environmental impacts would result from implementation of the Project. However, many beneficial impacts were noted, such as a reduction in plastic litter all over the city including the creeks, which would lead to improved community aesthetics, as well as a reduction in injuries to wildlife; and 5. The City Council has determined to approve the Project as modified to exclude restaurants and to make payment for paper single use carry-out bags a minimum of ten cents because this approach achieves objectives of the project, is legally feasible at this time, and any increase in environmental impacts would be minor; and 6. The City Council has based its decision on the record which includes those items identified in Public Resources Code Section 21167.6(e), including, but not limited to, the EIR, and the staff report; and 7. The record of proceedings upon which this decision is based, including the single use carry-out bag ordinance project file, is maintained in the office of the Director of Planning and Single Use Carry Out Bag Ordinance Environmental Impact Report/Ordinance Introduction 2 City Council Resolution April 18, 2012 Community Development, Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, as the custodians of the record, and is available for public inspection upon request of the Director of Planning and Community Development or his/her designee; and 8. PRC section 21081 and CEQA Guideline section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings. In this case, the EIR concluded that no significant impacts would result from the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows. 1. The EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The EIR was considered by the City Council at public meetings on March 7, 2012 and April 18, 2012. 3. The City Council has considered all documents submitted during the public comment period for the EIR and all testimony presented during its meetings as well as the EIR, the Staff Reports, dated march 7, 2012 and April 18, 2012, and the single use carry-out bag ordinance project file. The Staff Reports are incorporated herein by reference. The City Council has independently reviewed and analyzed this Resolution and the EIR, and certifies that the Final EIR reflects the independent judgment of the lead agency. 4. The Project is described in the EIR, including the DEIR at pp. 2-16. This description is incorporated herein by reference. 5. The EIR evaluated the impacts of the Project itself as well as its impacts in combination with impacts from past, present and probable future projects. Those impacts, both individual and cumulative, as well as growth-inducing impacts, are discussed on pages 59-60 of the DEIR. 6. The EIR evaluated a number of alternatives and determined that the no project alternative, the education, recycling, and litter control alternative, the ban on both single use plastic and paper carry-out bags alternative, the fee on single use paper and plastic bags alternative, and the allowing biodegradable plastic Single Use Carry Out Bag Ordinance Environmental Impact Report/Ordinance Introduction 3 City Council Resolution April 18, 2012 bags only alternative would either not fulfill the objectives of the project or would be infeasible. The alternatives are discussed on pages 60-69 of the DEM. 7. Theban on single use plastic bags -no fee on paper bags alternative discussed on page 63-65 of the DEIR determined that this alternative would meet project objectives, but could result in minor increases in greenhouse gas and energy use impacts. 8. Mitigation Measures designed to avoid or substantially lessen the significant environmental effects of the Project are not necessary because no potentially significant environmental impacts were identified, and therefore no Mitigation Monitoring and Reporting Program is required. PASSED AND ADOPTED this 1801 day of April 2012 by the following roll call vote: AYES: Councilmembers Thomas, Rodin, Baldwin, Vice Mayor Crane, and Mayor Landis. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: nne Currie, City Clerk Mary An - Landis, Mayor Single Use Carry Out Bag Ordinance Environmental Impact Report/Ordinance Introduction 4 City Council Resolution April 18, 2012