CITY COUNCIL: Consideration of a use permit application; water allocation Resolution; and certification of an initial study/negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District

   Carmel Event Center 08-06-13

Carmel Event Center

Consideration of a use permit application; water allocation Resolution; and certification of an initial study/negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District.

CITY COUNCIL: Resolution Adopting Initial Study/Negative Declaration in accordance CEQA for Single-Use Plastic Carryout Bag Ordinance

Meeting Date: 3 July 2012

Prepared by: Sean Conroy, Ping & Bldg Services Manager

City Council

Agenda Item Summary

Name: Consideration of a Resolution adopting an Initial Study (IS)/Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the Single-Use Plastic Carryout Bag Ordinance.


Description: An Initial Study (IS) was prepared in accordance with CEQA for the Single-Use Plastic Carryout Bag ordinance. Based on the findings of the IS, it was determined that no environmental effects would result from the ordinance and that an ND should be adopted. This resolution would adopt the ND.


Overall Cost:
City Funds: N/ A
Grant Funds: N/ A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The IS/ND shall only be adopted if there is no substantial evidence in light of the whole record that the project will have a significant effect on the environment that cannot be mitigated or avoided. No substantial evidence has been presented indicating a significant effect on the environment.

Decision Record: The Council reviewed the IS/ND in conjunction with the first reading of the ordinance on 5 June 2012.


Attachments:
• Resolution
• Negative Declaration
• Initial Study (Submitted under separate cover at the 6/5112 meeting)

Reviewed by:

Jason Stilwell, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR THE SINGLE-USE PLASTIC CARRYOUT BAG ORDINANCE


WHEREAS, The City of Carmel-by-the-Sea is a unique coastal community that prides itself in its community character and environmental resources; and


WHEREAS, the General Plan encourages the City to protect, conserve and enhance the unique natural beauty and irreplaceable natural resources of Carmel and its Sphere of Influence, including its biological resources, water resources, and scenic routes and corridors; and


WHEREAS, the General Plan encourages the City to maintain the community, and the beach in particular, free from refuse; and


WHEREAS, the General Plan encourages the City to maintain and restore, where feasible, the biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health; and


WHEREAS, single-use plastic carryout bags contribute to a persistent litter problem that is of growing concern for the health of waterways locally and worldwide; and


WHEREAS, most plastic carryout bags do not biodegrade and instead persist in the environment for hundreds of years, slowly breaking down through abrasion, tearing and photo degradation into toxic plastic bits that contaminate soil and water while entering the food web when animals inadvertently ingest these materials; and


WHEREAS, the City is proposing an ordinance that will eliminate the use of single-use plastic carryout bags by all retail establishments and encourage the use of reusable bags; and


WHEREAS, the City prepared an Initial Study for the proposed ordinance in accordance with CEQA Guidelines Section 15063; and


WHEREAS, based on the findings of the Initial Study the City circulated a draft Negative Declaration for public comment from March 28, 2012 through April 17, 2012; and


WHEREAS, the City has determined that a fair argument based on substantial evidence cannot be made, based on the evidence in the record, that the proposed ordinance would cause a significant negative effect on the environment.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:


Adopt the attached Initial Study/Negative Declaration for the Single-Use Carryout Bag Ordinance.


PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this third day of July 2012 by the following roll call vote:


AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

ATTEST: SIGNED,

____________________ ________________________
Heidi Burch, City Clerk JASON BURNETT, MAYOR

NEGATIVE DECLARATION
Lead/Responsible Agency: City of Carmel-by-the-Sea
Decision Making Authority: City Council – Carmel-by-the-Sea
Project Title: Single-use Plastic Carryout Bag Ordinance
Address: Post Office Drawer G, Carmel CA 93921
Contact Person: Sean Conroy, Planning & Building Services Manager
Phone: (831) 620-2010 Fax: (831) 620-2014

THIS PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AS IT HAS BEEN FOUND THAT THE PROJECT:


1. Will not have the potential to significantly degrade the quality of the environment;
2. Will have no significant negative impact on long term environmental goals;
3. Will have no significant cumulative negative impact upon the environment; and
4. Will not cause significant negative impacts upon human beings, either directly or indirectly.

PROJECT DESCRIPTION

Six months after adoption, the proposed ordinance will:

• Eliminate the use of Single-Use Plastic Carryout Bags by all retail establishments in the City of Carmel-by-the-Sea; and


• Encourage the use of reusable bags.

The ordinance prohibits any retail establishment that sells perishable or nonperishable goods including,
but not limited to, clothing, food, and personal items directly to the customer, from providing a singleuse
carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. The ordinance encourages the use of reusable bags.


PROJECT LOCATION

City-wide, Carmel-by-the-Sea, Monterey County, California

REVIEW PERIOD

Any individual, group, or agency disagreeing with this determination or wishing to comment on the
proposed project may submit written comments to the City of Carmel-by-the-Sea at the address listed above. The comment period ran from March 28, 2012 until 5:00 PM on April 17, 2012.

COPIES OF THE NEGATIVE DECLARATION AND INITIAL STUDY ARE AVAILABLE
AT:

City of Carmel-by-the-Sea
Community Planning and Building Department
E/s Monte Verde between Ocean and Seventh Avenues
Carmel, CA 93921

http://ci.carmel.ca.us/carmel/index.cfm/government/staff-departments/community-planning-andbuilding/
projects/.