HomeMy WebLinkAboutReso - CC - 017-2013RESOLUTION NO. 17-2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME FINDING ADOPTION OF AN ORDINANCE REGULATING SINGLE
USE CARRY OUT BAGS TO BE WITHIN THE SCOPE OF THE COUNTY'S FINAL
PROGRAM EIR FOR COUNTY -WIDE IMPLEMENTATION OF THE ORDINANCE
(STATE CLEARINGHOUSE # 2012042013) AND NO FURTHER ENVIRONMENTAL
DOCUMENTION IS REQUIRED UNDER CEQA GUIDELINE SECTION 15168
WHEREAS, in January 2012, San Mateo County proposed that cities within the
County adopt a model ordinance regulating single use carry bags and offered to enforce the
model ordinance in jurisdictions within the County which would adopt the model ordinance;
WHEREAS, the regional approach proposed by San Mateo County will ensure
uniform, consistent regulations in a broad geographical area and provide consumers and
businesses with clear expectations on the implementation and application of the regulations
throughout the County; and
WHEREAS, San Mateo County also proposed to perform the environmental review
necessary to study the effects of implementing the model ordinance in the unincorporated
areas of the County as well as the effects of implementing the model ordinance within the
cities that agreed to consider adopting the ordinance; and
WHEREAS, the City of Burlingame agreed to participate with the County of San
Mateo and other public agencies in the County in the environmental review of the proposed
ordinance; and,
WHEREAS, seventeen other cities in San Mateo County and six cities in Santa
Clara County ultimately agreed to consider the adopting the ordinance and participate in the
environment study; and,
WHEREAS, the San Mateo County Board of Supervisors adopted an ordinance
known as the Reusable Bag Ordinance, codified in the San Mateo County Ordinance Code as
Chapter
4.114 ("County Ordinance"), which prohibits retail establishments in the unincorporated areas
of the County from providing single -use carryout bags to customers and requiring those
establishments to charge customers a fee for reusable bags; and,
WHEREAS, the San Mateo County Board of Supervisors certified a Final
Program Environmental Impact Report (State Clearinghouse # 2012042013) ("EIR") that
analyzed the possibility of the 24 participating cities, including the City of Burlingame,
adopting the County Ordinance within their own jurisdictions; and,
WHEREAS, the City Council is considering an ordinance that would adopt the
County Ordinance by reference and regulate single use carry out bags in the City of
Burlingame ("City Ordinance" or "activity") in a manner substantively identically to the
County Ordinance; and,
WHEREAS, the City Council intends that the City's proposed ordinance remain
within the scope of the EIR prepared for this project by San Mateo County;
NOW, THEREFORE, the City Council of the City of Burlingame resolves as follows:
SECTION 1. Based on the Initial Study, Notice of Preparation, EIR, and
public comment received by the County of San Mateo, which are hereby incorporated by
reference into the City of Burlingame record for this project, and based on the staff report,
public comments, and other materials and testimony in the record, the City Council finds in
light of the whole record as follows:
(a) The City Council has independently reviewed the EIR prepared by the County for the
County's Ordinance, and exercising its independent judgment the City Council finds the EIR
to be complete, correct, adequate, and prepared in accordance with the California
Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA") and the
CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq..
(b) The ordinance proposed by the City would adopt regulations effective in the City of
Burlingame that are textually identical to the County Ordinance in all respects other than the
name of the jurisdiction, date of adoption, and other conforming changes (e.g., references to
city officials and departments).
(c) The City Ordinance is consistent with the project for which the County EIR
was prepared, is sufficiently described by the County's EIR and, if adopted would not
substantially change the project for which the County EIR was prepared.
(d) The City Ordinance will not cause any project -specific effect which was not addressed
as a significant effect in the County EIR and will not substantially increase the severity of a
previously identified effect.
(e) The circumstances under which the City Ordinance is to be undertaken have not
substantially changed since the County EIR was prepared and will not substantially change
with the adoption of the City Ordinance.
(g) No new information of substantial importance which was not known and could have
been know with the exercise of reasonable diligence at the time the County EIR was certified as
complete shows the City Ordinance will have one or more significant effects not discussed in
the County EIR.
(h) There is no substantial evidence that the City Ordinance may have a significant effect
on the environment.
(i) The City Ordinance is consistent with the General Plan and Specific Area Plans of the
City.
SECTION 2. Based on the findings in Section 1, the City Council determines
as follows:
(a) In accordance with CEQA Guideline Sections 15162, the City Council finds that no
new effects could occur and no mitigation measures or new alternatives are required by the
City Ordinance.
(b) Because the City Ordinance would not have effects that were not examined in the EIR,
a new initial study is not required.
(c) The City Ordinance is within the scope of the project covered by the EIR prepared for
this project by San Mateo County, and no further environmental documentation is required.
L JL- L�L
Ann Keg , Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 4tb day of March, 2013, and
was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary EllenlKearney, City Clerk