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HomeMy WebLinkAboutCC Resolution 13683 (CEQA Carryout Bag Ordinance Support)RESOLUTION NO. 13683 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING CEQA FINDINGS OF FACT SUPPORTING THE ADOPTION OF A SINGLE -USE CARRYOUT BAG REDUCTION ORDINANCE The City Council of the City of San Rafael finds and determines that: WHEREAS, in 2009, the City of San Rafael adopted the City of San Rafael Climate Change Action Plan (CLAP), which includes a number of programs and recommended measures to promote sustainability. Among the CCAP programs is LF 17, which recommends that the City "investigate options for banning non -recyclable single -use items such as plastic bags and polystyrene takeout food containers;" and WHEREAS, in 2012, the City Council directed staff to proceed with drafting an ordinance that would regulate, citywide, the use and type of single -use carryout bags. During this time, other cities and towns in Marin County expressed an interest in adopting similar ordinances. Collectively, the cities and towns worked with Marin County Hazardous and Solid Waste Management to form a Joint Powers Authority (JPA). The purpose of the JPA is to serve as a lead in: a) developing a "model ordinance" that could be considered for adoption by all participating cities and towns; and b) administering the environmental review of the model ordinance, as required by the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, in 2013, JPA prepared a draft Model Single Use Carryout Bag Reduction Ordinance (model ordinance) that participating JPA member agencies within Marin County (including the City of San Rafael) can consider for adoption; and WHEREAS, acting as a "Co -Lead Agency," the JPA was assigned the role of administering the CEQA process through Final EIR completion for the member municipalities. The JPA prepared a Notice of Preparation (NOP) of an EIR for the draft model ordinance, which was published on June 21, 2013, initiating a 30 -day review period. On July 9, 2013, the JPA conducted a public scoping meeting. Four comment letters were received in response to the NOP; and WHEREAS, on November 1, 2013, the Single Use Carryout Bag Reduction Ordinance Draft EIR was completed and published for public review (SCH # 2013062049). Commencing on November 1, 2013, a 45 -day public review period was observed, ending on December 15, 2013. The Draft EIR concluded that: a) for each environmental issue area studied, impacts would either be less -than -significant or beneficial; b) the draft model ordinance would not result in any significant, unavoidable impacts, or any significant impacts that require mitigation. Further, as required by the CEQA Guidelines, the Draft EIR must analyze alternatives to the project (model ordinance) and identify an environmentally superior alternative to the project. Seven alternatives were assessed in the Draft EIR, which are variations of the model ordinance. The analysis of alternatives is presented in Section 6.0 of the Draft EIR, which concluded that Alternative 4 (Mandator) Charge of $0.10 for Recyclable Paper Carryout Bags) would be environmentally superior compared to the draft model ordinance; and WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections 15088 and 15089, the JPA responded to all the environmental comments that �Nere submitted on the Draft EIR during the public review period, including a written comment by 2-1 the City of San Rafael summarizing the comments received at the December 2, 2013 City Council hearing. A Final EIR was prepared and published; and WHEREAS, on January 16, 2014, the JPA Board of Directors held a duly -noticed public hearing on the Final EIR, accepting all oral and written public testimony and the written report of the JPA staff. Following closure of the public hearing and deliberation, the Board of Directors, on an 11-0 vote, adopted Resolution No. 2014-01 certifying the Single Use Bag Reduction Ordinance Final EIR. This certification was based on and supported by findings, which are incorporated herein by reference, and reaffirmed below; and WHEREAS, following the certification of the Final EIR by the JPA Board of Directors, the City of San Rafael determined to proceed with one of the alternatives (Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags) in the Final EIR as a base for adoption of a citywide ordinance (proposed ordinance), which include several minor changes and additions. The proposed ordinance presents the following minor changes and additions to EIR Alternative 4: • Under EIR Alternative 4, only "stores" as defined would be subject to the Ordinance. Under the City's Ordinance, stores and vendors at "public events" which, as defined, include farmers' markets, parades, craft fairs, festivals, concerts, performances or other exhibitions would also be subject to the Ordinance. • Under FEIR Alternative 4, the effective date of the ordinance is not defined. In the City's proposed ordinance, the operative date is defined as being on or after September 15, 2014. • Under EIR Alternative 4, stores may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program and those events were not exceed a total of 60 days within any consecutive 12 -month period. For the City's Proposed Ordinance, such events are not to exceed a total of 30 days within any consecutive 12 -month period. • Under EIR Alternative 4, the appropriate enforcement official was not defined. For the City's Proposed Ordinance, enforcement of the Ordinance is defined as the City Manager or such code enforcement officials as may be designated by the City Manager. • For the City's proposed ordinance there is a provision for store self - enforcement via written or online registration, which is not included under FEIR Alternative 4; and WHEREAS, the Final EIR was reviewed to determine if it adequately assesses the environmental impacts of the proposed ordinance. Based on this review, it was determined that the proposed ordinance would not result in any significant new information or new significant impacts that had not been previously analyzed in the Final EIR. Consistent with the requirements of the CEQA Guidelines Section 15164 an Addendum to the EIR for the Single Use Carryout Bag Reduction Ordinance (Rincon Consultants, January 2014) was prepared and published by the Cit) of San Rafael, and the Addendum detennined that the proposed ordinance, �Nhich is similar to Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags studied in the JPA's EIR but with minor changes would have no new significant environmental effects beyond those identified in the JPA's Certified EIR; and WHEREAS, the City Council has certified the Final EIR and adopted the EIR Addendum by separate resolution. The certification of the Final EIR and consideration of the 2-2 EIR Addendum was based on and supported by findings, which are incorporated herein by reference; WHEREAS, on February 18, 2014, the San Rafael City Council held a duly -noticed public hearing on the proposed ordinance, accepting all oral and written public testimony and the written report of the City Manager's Office; WHEREAS, the custodian of documents which constitute the record or proceedings upon which this decision is based, is the City Clerk's Office. NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council hereby approves the following CEQA Findings of Fact to support the adoption of a Single Use Carryout Bag Reduction Ordinance: FINDINGS OF FACT SECTION 1. Final EIR and Addendum. As part of this action and as determined by adoption of a separate resolution, the City Council finds that: a) the Final EIR and EIR Addendum have been prepared in accordance with the CEQA Guidelines and the City of San Rafael Environmental Assessment Procedures Manual; and b) the Final EIR and EIR Addendum adequately assess the environmental effects of the proposed ordinance. SECTION 2. Record of Proceedings. The following information is incorporated by reference and made part of the record supporting these findings: • The Notice of Preparation ("NOP") and all other public notices issued by the JPA in conjunction with the Project; • The Marin County Hazardous and Solid Waste Management JPA Single Use Carryout Bag Reduction Ordinance Draft EIR (October 2013) and Final EIR (January 2014), and all documents cited or referred to therein; • The Marin County Hazardous and Solid Waste Management JPA Single Use Carryout Bag Reduction Ordinance Addendum to the Final EIR (January 2014); • All comments submitted by agencies or members of the public during the 45 - day public comment period for the Draft EIR; • All comments and correspondence submitted to the JPA and City of San Rafael with respect to the Project, in addition to timely comments on the Draft EIR; • All findings and resolutions adopted by JPA decision makers and the San Rafael City Council in connection with the project, and all documents cited or referred to therein; • All reports, studies, memoranda, staff reports, maps, exhibits, illustrations, diagrams or other planning materials relating to the Project prepared by the JPA, City of San Rafael or by consultants to the JPA,/City, the applicant, or responsible or trustee agencies, with respect to the City's compliance with the requirements of CEQA and with respect to the City's actions on the Project; • All documents submitted to the City by other public agencies or members of the public in connection with the project, up through the close of the public hearing on February 18, 2014; • Minutes, as available, of all public meetings and public hearings held by the JPA and the City in connection with the Project; 2-3 • Any documentary or other evidence submitted to the JPA and City at public meetings and public hearings; • Matters of common knowledge to the JPA and City, including, but not limited to, those cited above; and • Any other materials required to be in the Record of Proceedings by Public Resources Code Section 21167.6, subdivision (e). Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in and may be obtained from the San Rafael City Clerk's Office. The City Clerk is the custodian of records for all matters before the City Council. The City Council has relied on all of the documents listed above in reaching its decision on the Project. SECTION 3. Impacts Determined to be Less -Than -Significant and Not Individually Analyzed. Consistent with Section 15128 of the State CEQA Guidelines, the Initial Study/Notice of Preparation as contained in the Appendix A in the Final EIR, incorporated herein by reference, determined that the following environmental impacts were not considered potentially significant and were not addressed further in the Final EIR: Aesthetics, Agricultural and Forestry Resources, Cultural Resources, Geology/Soil, Hazards and Hazardous Materials, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, and Transportation/Traffic. SECTION 4. Impacts Determined to be Less -Than -Significant After Individual Analysis. Consistent with Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that none of the impacts resulting from the project would be significant. More specifically, as detailed in the Final EIR at Sections 4.0-5.0 and 6.0 (as it relates to Alternative 4), incorporated herein by reference, the Single Use Carryout Bag Reduction Ordinance would have less than significant impacts with respect to Air Quality (Section 4. 1), Biological Resources (Section 4.2), Greenhouse Gas Emissions (Section 4.3), Hydrology/Water Quality (Section 4.4), Utilities and Service Systems (Section 4.5), and Long term impacts (Section 5). SECTION 5. Review and Consideration of Final EIR Alternatives. As discussed above, the Final EIR includes a review and assessment of seven alternatives to the project (model ordinance). The CEQA Guidelines require that a lead agency make findings rejecting the adoption of an alternative in -lieu of the project (model ordinance) if the Final EIR concludes that the project will result in significant impacts. However, in this case, the City is not required to make such findings in that all potentially significant impacts of the project (model ordinance) have been determined to be less -than -significant. Nonetheless, the City has concluded that one of the Final EIR alternatives, Alternative 4: Mandatory Charge of $0.10 for Recyclable Paper Carryout Bags would be environmentally superior compared to the model ordinance as it would result in a beneficial effect with respect to air pollution. In addition, this alternative would result in slightl} reduced greenhouse gas emissions compared to the Proposed Ordinance. This alternative would also reduce solid waste in area landfills compared to the Proposed Ordinance, but would increase water use and wastewater generation compared to the Proposed Ordinance for washing reusable bags. However, water and wastewater impacts would remain less -than - significant. Alternative 4 would also meet the project objectives outlined in the Final EIR and described as follows: 2-4 • Reducing the environmental impacts related to single use plastic carryout bags, such as impacts to biological resources (including marine environments), water quality and utilities (solid waste equipment and facilities) • Deterring the use of paper carryout bags by retail customers • Promoting a shift toward the use of reusable carryout bags by retail customers • Reducing the amount of single use plastic carryout bags in landfill volumes • Reducing litter and the associated adverse impacts to storm water systems, aesthetics and marine and terrestrial environments Thus, adoption of the proposed ordinance (EIR Alternative 4 with minor changes and additions) by the City of San Rafael would result in an environmentally superior project in comparison to the model ordinance that is analyzed as the project in the certified Final EIR. SECTION 6. Mitigation Monitoring and Reporting Program. Consistent with Public Resources Code Section 21081.6, the City Council does not need to adopt a Mitigation Monitoring Program, in that as discussed under Section 2 of this resolution, the adoption and implementation of the proposed ordinance would not result in any significant effects on the environment that would require mitigation. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Tuesday, the 18'h of February, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2-5 G . ALI ESTHER C. BEIRNE, City Clerk