RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR A PROPOSED SAN MATEO COUNTY ORDINANCE PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE-BASED DISPOSABLE FOOD CONTAINERS;

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, pursuant to Division 13, Public Resources Code Section 21080(c) and Article 6 of the California Environmental Quality Act (CEQA) Guidelines, San Mateo County Planning and Building has prepared an Initial Study and Proposed Negative Declaration dated July 19, 2010 to determine the requisite level of environmental review for the adoption of an ordinance prohibiting food vendors in San Mateo County from using polystyrene-based disposable food containers (“the ordinance”); and

WHEREAS, the Initial Study and Proposed Negative Declaration finds and recommends that the proposed action may be taken on the basis of a Negative Declaration pursuant to CEQA; and

WHEREAS, a 20 day public review of the proposed Negative Declaration was conducted in compliance with the requirements of CEQA; and

WHEREAS, the following organizations submitted comments on the project during the public review period: Save San Francisco Bay, The American Chemistry Council, California Department of Fish and Game, and The Gulf of the Farallones National Marine Sanctuary; and

WHEREAS, certification of the Negative Declaration completes the CEQA process of the proposed ordinance; and

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

1)

The Board has reviewed and considered the Initial Study, comments received during the public review period, responses to comments, and the proposed Negative Declaration, and finds that the Negative Declaration is complete, correct and adequate and prepared in accordance with CEQA and applicable State and County guidelines and the public comment period; and

2)

On the basis of the Initial Study and Negative Declaration, public comment, and responses to the public comment, and based on the totality of the record before the Board, there is no substantial evidence supporting a fair argument that the project as proposed may actually produce significant environmental impacts, and that the Board is free to take action to adopt the ordinance on the basis of the Negative Declaration; and

3)

This Negative Declaration reflects the independent judgment of the Board; and

4)

The Board of Supervisor hereby adopts the Negative Declaration; and

5)

The County Manager is directed timely to file or otherwise provide such further notices as are necessary to comply with CEQA (including, without limitation, a Notice of Determination) and to effectuate the intent of this Resolution.

6)

The Clerk of the Board is directed to be the custodian of the documents or other materials that constitute the record of the proceedings upon which this resolution is based.

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