HomeMy WebLinkAboutCC RES 2014-28RESOLUTION NO. 2014- 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN INITIAL STUDY AND A
NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT THAT WAS PREPARED FOR THE
ADOPTION OF AN ORDINANCE THAT WILL REDUCE SINGLE -USE
PLASTIC BAGS WITHIN THE CITY OF PALM DESERT.
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub.
Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 §
15000 et seq.), the City is the lead agency for the proposed Project; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 2013-16, and City staff reviewed the Project and prepared an Initial Study
pursuant to CEQA; and
WHEREAS, on the basis of the Initial Study, which concluded that the Project will
not have significant impacts on the environment, the City determined that a Negative
Declaration ("ND") should be prepared for the Project, and a ND was prepared pursuant
to CEQA and the State CEQA Guidelines; and
WHEREAS, the City distributed a Notice to Intent to Adopt a Negative Declaration
on March 22, 2014; and
WHEREAS, the City Council has reviewed the ND, Initial Study, and all other
relevant information contained in the record regarding the Project; and
WHEREAS, the City provided copies of the draft ND and Initial Study to the public
for a twenty -day (20) review and comment period beginning on March 22, 2014 and
ending on April 10, 2014 pursuant to Public Resources Code section 21091(b); and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, the City Council has reviewed the ND, Initial Study, and all other
relevant information contained in the record regarding the proposed Ordinance
WHEREAS, at public hearing held on this day loth of April , 2014,
the City Council heard and considered all testimony and arguments of all interested
persons; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify the approval of said request:
RESOLUTION NO. 2014- 28
CEQA FINDING
In conformance with CEQA Guidelines Section 15074 and City Guidelines to
implement CEQA, the City finds, on the basis of the whole record before it (including
the initial study and comments received), that there is no substantial evidence that the
project will have a significant effect on the environment and that the Negative
Declaration reflects the City's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, Califomia, as follows:
SECTION 1. Compliance with the California Environmental Quality Act. As the
decision -making body for the Project, the City Council has reviewed and considered the
information contained in the Negative Declaration (ND), Initial Study, and whole
administrative record, on file with the City and available for review at City Hall, 73510
Fred Waring Drive, Palm Desert, California. The City Council finds that the ND and
Initial Study have been completed in compliance with CEQA, the State CEQA
Guidelines and the City Rules to Implement CEQA.
SECTION 2. Findinas on Environmental Impacts. In the City's role as the lead
agency under CEQA, the City Council finds that the ND and Initial Study contain a
complete and accurate reporting of the environmental impacts associated with the
Project. The City Council further finds that the documents have been completed in
compliance with CEQA, the State CEQA Guidelines and the City Rules to Implement
CEQA. The City further finds that the Project will not result in any significant
environmental impacts. The City Council further finds that there is no substantial
evidence in the record supporting a fair argument that the Project may result in
significant environmental impacts, and that any comments received regarding the
Project have been examined and determined to not modify the conclusions of the ND or
the City Council. The City Council finds that the ND contains a complete, objective, and
accurate reporting of the environmental impacts associated with the Project.
SECTION 3. Adoption of Neaative Declaration. The City Council hereby
approves and adopts the ND prepared for the Project.
SECTION 4. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at City Hall for
the City of Palm Desert, located at 73-510 Fred Waring Drive, Palm Desert, California.
Rachelle Klassen, City Clerk, is the custodian of the record of proceedings.
SECTION 5. Notice of Determination. Staff is directed to file a Notice of
Determination with the County of Riverside within five (5) working days of approval of the
Project.
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RESOLUTION NO. 2014- 28
SECTION 6. Findinos. That the above recitations are true and correct and
constitute the findings of the City Council in this case.
SECTION 7. Approval. That the City Council does hereby approve a Negative
Declaration for CEQA Purposes, attached
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council held on this loth day of April 2014, by the following vote,
to wit:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAEHELLE D. KLASSEN, City Clerk
City of Palm Desert, Califomia
VAN G. TANNER, Mayor
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RESOLUTION NO. 2014- 28
EXHIBIT "A"
NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
CASE NOS: Ordinance No.
1271
APPLICANT/PROJECT SPONSOR:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Adoption of a citywide ordinance to reduce single -use plastic bags that is harmful to the
environment. The draft ordinance has been approved by the Coachella Valley
Association of Governments (CVAG) and the Palm Desert Citizens' Sustainability
Committee. The ordinance will apply to the following "store" types:
1. A full -line, self-service retail store with gross annual sales of two million dollars
($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood
items and some perishable items;
2. A store of at least 10,000 square feet of retail space that sells any perishable or
non-perishable goods including, but not limited to clothing, food, or personal
items, and generates sales or use tax pursuant to the Bradley -Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of
Division 2 of the Revenue and Taxation Code); or
3. A drug store, pharmacy, supermarket, grocery store, convenience food store,
foodmart, or other entity engaged in the retail sale of a limited line of goods that
includes milk, bread, soda, and snack foods, including those stores with a Type
20 or 21 license issued by the Department of Alcoholic Beverage Control; or
4. A store of Tess than 10,000 square feet of retail space that sells any perishable
or non-perishable goods including, but not limited to, clothing, food, or personal
items, and generates sales or use tax pursuant to the Bradley -Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of
Division 2 of the Revenue and Taxation Code).
5. Store does not include Public Eating Establishments or Nonprofit Charitable Re -
users.
The ordinance will require these stores to provide reusable bags or recycled paper bags
for purchase. The ordinance does not prohibit customers from using bags of any type
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RESOLUTION NO. 2014- 9R
that they bring to the store themselves or from carrying away goods that are not placed
in a bag, in lieu of using bags provided by the store.
As an exemption, a store may provide a customer participating in the California Special
Supplemental Food Program for Women, Infants, and Children pursuant to Article 2
(commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the
Health and Safety Code; and a customer participating in the Supplemental Food
Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division
9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper
Bags or Reusable Bags at no cost.
irte 04/10/2014
LAURI AYLAIAN DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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