Ordinance Ban Single-use Plastic Carryout Bags June 2012 OCR Document

7/31/2019 Ordinance Ban Single-use Plastic Carryout Bags June 2012 OCR Document

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CITY OF CARMEL-BY-THE-SEA

STAFF REPORT

TO: MAYOR BURNETT AND MEMBERS OF THE CITY CO

FROM: SEAN CONROY, PLANNING & BUILDING SERVICES M

THROUGH: JASON STILWELL, CITY ADMINISTRATOR

DATE: 5 JUNE 2012

SUBJECT: CONSIDERATION OF THE FIRST READING OF AN

ORDINANCE AMENDING THE CARMEL MUNICIPAL

BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC B

FROM RETAIL ESTABLISHMENTS WITHIN THE CITY

CARMEL-BY-THE-SEA OR, IN THE ALTERNATE-DEFACTION AND DIRECT STAFF TO WORK WITH THE

BUSINESS COMMUNITY

BACKGROUND

Communities throughout the state and across the country are reco

environmental impacts that single-use carryout bags, especially plastic bags,

the environment. Ordinances banning single-use bags are becoming morecommunities seek to address problems related to litter and solid waste. Du

that plastic takes a long time to break down or decompose (frequently esti

hundreds of years), plastic litter causes a cumulatively adverse impact on bot

and manmade environments.

Several California cities have prepared and adopted environmental review do

related to ordinances banning single-use carryout bags including, but not limi

City of San Jose, the City of Manhattan Beach, the City of Monterey, the Cou

Cruz, and the City of Sunnyvale. These documents have unanimously conclu

these ordinances will not have a significant impact on the environment.

While there are approximately 270 commercial businesses in the City, there a

scale supermarkets or big box stores that are typically the largest providers o


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PLANNING COMMISSION REVIEW

Approximately 19 individuals spoke during the Commissions public hearing

a mix of both supporters and those that were opposed to the ordinance.

concern raised by those opposed to the ordinance was regarding the requ

businesses charge their patrons a fee for paper bags. It was pointed ou

occasions that most of the citys shoppers are visitors from out of the area

likely to bring reusable bags with them on their trip. Many business oconcerned with the negative impression that charging patrons for bags cou

should be noted that there were business owners that did speak in favor of the

During the hearing it was suggested that the City work with the business co

develop a voluntary program to ban plastic bags rather than adopting a forma

The Planning Commission voted 3-0 to recommend that the Council no

proposed ordinance and consider developing a voluntary program with community.

VOLUNTARY COMPLIANCE OPTION

Many members of the business community have expressed support for elimin

bags. One possible option would be to provide a certificate or some type o

to businesses that elected to voluntarily ban plastic bags. A voluntary pr

potentially have a similar environmental benefit without the need to adoordinance.

REVISED ORDINANCE OPTION

Staff has prepared a revised ordinance for the Councils consideration. The r

ordinance would eliminate the use of single-use plastic bags by all retail estab

and would encourage the use of reusable bags. The requirement that business

for paper bags has been removed from the ordinance.

The proposed ordinance would prohibit retail establishments from providin

plastic bags to a customer at the check stand, cash register, point of sale or o

departure for the purpose of transporting food or merchandise out of the es

Banned plastic bags would not include bags without handles used to transp


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Restaurants: There have been lawsuits filed over the adoption of plastic bag

other California communities. One of the arguments has been that plastic bag

to carry hot carryout food from restaurants. For this reason, Monterey and ot

communities have exempted restaurants from their proposed ordinances. Sta

proposing to exempt restaurants at this time.

Nonprofits: This exemption was included to avoid any negative fiscal impacnonprofit organizations.

Other: The ordinance does include a provision that the City Administrator co

a business from the ordinance if a demonstrated hardship was presented.

The ordinance would also include a six month grace period from the date of a

This would allow businesses to use any inventory of single-use plastic bags th

have already purchased and allow for time to prepare for the new requiremen

ordinance.

EVALUATION

Environmental Review: One of the primary reasons for the California En

Quality Act (CEQA) is to disclose potential environmental impacts assoc

project to decision-makers and the public prior to final action on a projectStudy (IS) was prepared for the originally proposed ordinance in accordance

15063 of the CEQA guidelines. Based on the IS staff determined that the p

not cause a significant effect on the environment and has prepared a Negative

(ND). The IS and ND were circulated for public review and comment from

through April 17th

of 2012. The City received 11 comments, 10 of

supportive of the proposal.

Staff has made changes to the IS/ND (shown in strikeout and underline) to adproposed revisions to the ordinance. Section 15073.5 of the CEQA Guideline

that an IS/ND be recirculated for public comment if it has been substantially r

new impacts requiring mitigation have been identified. The proposed revisio

considered minor and do not require recirculation of the IS/ND.


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reasonable assumptions predicated upon facts, and expert opinion sup

facts.

Substantial evidence does not include arguments, speculation, unsubstantiated

narrative, clearly inaccurate or erroneous evidence or socioeconomic impacts

to the physical environment.

If the Council determines that substantial evidence exists that the project maysignificant environmental impact, staff must be directed to identify mitigation

or to prepare an Environmental Impact Report (EIR). Staff has determined th

substantial evidence exists in the current record that the proposed ordinance w

significant environmental impact. No environmental review would be require

Council elected to develop a voluntary compliance program.

Proposed Ordinance: The City of Carmel has long been an advocate for envprotection. The Citys General Plan establishes a clear goal of protecting, con

enhancing its unique natural beauty and irreplaceable natural resources. Whi

bags are water and energy intensive to produce, they do not pose the same en

impacts that plastic bags do related to pollution and harm to wildlife (see IS f

information). This is particularly true for the City with its pristine beach and

adjacent to Carmel Bay, which has been designated as an Area of Special Bio

Significance. Staff also understands many of the concerns expressed by the b

community regarding requiring a charge for paper bags.

For these reasons, staff is supportive of a ban that focuses on plastic bags at th

Staff notes that the City Council could consider including a requirement that

use only recycled content paper bags.

General Plan Consistency: The proposed ordinance is supported by, and co

with, at least the following Goals, Objectives and Policies of the Carmel-by-t

General Plan:

G1-2: Preserve the residential village character and perpetuate a balance of

compatible with local resources and the environment. (LUP)

O1-6: Recognize the natural resources and scenic quality of Carmel as a coa


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G5-2: Establish and implement a comprehensive shoreline management prog

beach, bluffs and dunes that mitigates degradation caused by public use and n

forces.

O5-6: Keep the beach free of refuse.

G5-3: Protect, conserve and enhance the unique natural beauty and irreplace

natural resources of Carmel and its Sphere of Influence, including its biologiresources, water resources, and scenic routes and corridors.

G5-12: Identify, protect and manage Environmentally Sensitive Habitat Area

to ensure their long-term integrity and the biological productivity of these ha

P5-184: Maintain, enhance, and where feasible, restore marine resources. S

protection shall be given to areas and species of special biological or econom

significance. Uses of the marine environment shall be carried out in a mannesustain the biological productivity of coastal waters and that will maintain he

populations of all species of marine organisms adequate for long-term comm

recreational, scientific, and educational purposes (Section 30230, California

Act)

P5-185Maintain and restore, where feasible, the biological productivity and

of coastal waters, streams, wetlands, estuaries, and lakes appropriate to main

optimum populations of marine organisms and for the protection of human he

through, among other means, minimizing adverse effects of waste water disch

entrainment; controlling runoff; preventing depletion of ground water supplie

substantial interference with surface water flow; encouraging waste water re

maintaining natural vegetation buffer areas that protect riparian habitats; an

minimizing alteration of natural streams.

P6-9: Work with service providers, commercial businesses and residents to mamount of waste going to landfills through improved recycling efforts and pro

G7-1: To protect, conserve and enhance the unique natural beauty and i

natural resources of Carmel and its Sphere of Influence.

P7 18: Adopt and encourage sustainable practices that promote energy effic


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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

ORDINANCE 2012-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CO

BAN THE DISTRIBUTION OF SINGLE-USE PLASTIC BAGS FROM R

ESTABLISHMENTS WITHIN THE CITY OF CARMEL-BY-THE-S

(FIRST READING)

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

WHEREAS, the General Plan encourages the City to protect, conserve aenhance the unique natural beauty and irreplaceable natural resources of CarmelSphere of Influence, including its biological resources, water resources, and scenand corridors; and

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

WHEREAS, the General Plan encourages the City to maintain and restor

feasible, the biological productivity and the quality of coastal waters, streams, westuaries, and lakes appropriate to maintain optimum populations of marine orgaand for the protection of human health; and

WHEREAS, single-use plastic carryout bags contribute to a persistent litproblem that is of growing concern for the health of waterways locally and worland

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

WHEREAS, the proposed ordinance will eliminate the use of single-use


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NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCI

THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Adopt an ordinance amending the Carmel Municipal Code to ban single-plastic carryout bags from all retail establishments within the City of CarExhibit A).

Severability. If any part of this ordinance, even as small as a word or phrase, ibe unenforceable such finding shall not affect the enforceability of any other par

Effective Date. This ordinance shall become effective six months days aadoption by the City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OCARMEL-BY-THE-SEA this ___ day of ________ 2012 by the following roll c

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:

SIGNED,

______________________JASON BURNETT, MAYO

ATTEST:

_________________________________Heidi Burch, City Clerk


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EXHIBIT A

CMC 8.74 Single-Use Plastic Carryout Bags Draft Ordinance(Revisions since Planning Commission hearing shown in strikeout and unde

8.74.010 - Purpose

The production and disposal of single-use plastic bags, especially plastic bags, csignificant environmental impacts including contamination of the environment, of marine animals through ingestion and entanglement, and widespread litter. Tpurpose of this to ordinance is to protect, conserve and enhance the Citys uniqu

beauty and irreplaceable natural resources through the elimination of single-use carryout bags and by encouraging the use of reusable bags. This ordinance shall effective six months after final adoption.

8.74.020 Definitions

A. A single-use plastic carryout bag is defined as a plastic bag, other thanreusable bag or recycled bag, provided at the check stand, cash register, psale, or other point of departure for the purpose of transporting food or

merchandise out of the establishment. Single-use plastic carryout bags doinclude bags, a maximum of 11 x 17, without handles provided to the c(1) to transport produce, bulk food, candy or meat from a product, bulk fmeat department within a store to the point of sale; (2) to hold prescriptimedication dispensed from a pharmacy; or (3) to segregate food or mercthat could damage or contaminate other food or merchandise when placetogether in a bag.

B. A reusable bag is defined as a bag with handles that is specifically desand manufactured for multiple reuse and is either: (1) made of cloth or omachine washable fabric; or (2) made of other durable material suitable f

C. A recycled paper bag is defined as a bag that contains no old growth fiand a minimum of 40% post-consumer recycled content, is 100% recyclaand has printed in a highly visible manner on the outside of the bag the w

Reusable and Recyclable, the name and location of the manufacturerpercentage of post-consumer recycled content.

8.74.030 - Applicability

No retail establishment, that sells perishable or nonperishable goods including, blimited to, clothing, food, and personal items directly to the customer, shall prov


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or any other business that receives 90% or more of its revenue from the sfood which is prepared on the premises, to be eaten on or off its premise

considered retail establishments for the purpose of this Ordinance.

B. Nonprofit charitable re-users, which is a charitable organization as definSection 501(c)(3) of the Internal Revenue Code of 1986, or a distinct opeunit or division of the charitable organization, that re-uses and recycles dgoods or materials and receives more than 50% of its revenues from the and sale of those donated goods or materials, are not considered retailestablishments for the purpose of this Ordinance.

C. Six (6) months from the Ordinances final passage and adoption, a retailestablishment may make available for sale to a customer a recycled papea minimum charge of 10 cents ($0.10). Twelve (12) months from the Orfinal passage and adoption, a retail establishment shall raise the cost it chcustomer for a recycled paper bag to a minimum charge of twenty-five c($0.25). A retail establishment may also make available to the customer,reusable bag.

D. Notwithstanding this Section, when a recycled paper bag is distributed tocustomer, the amount of the sale of the recycled paper bag shall be separitemized on the sales receipt.

E. A retail establishment may provide a customer participating in the CalifoSpecial Supplement Food Program, for Women, Infants, and Children puArticle 2 (commencing with Section 123275) of Chapter 1 of Part 2 of D106 of the Health and Safety Code; and a customer participating in theSupplemental Food Program pursuant to Chapter 10 (commencing with 15500) of Part 3 of Division 9 of the California Welfare and Institutions with one or more recycled paper bags at no cost or reusable bags.

8.74.040 Exemption

The City Administrator, or his/her designee, may exempt an affected entity from

requirements of this chapter for a period of up to one additional year after the opdate of this Ordinance, upon sufficient showing by the applicant that the provisithis chapter would cause undue hardship. The phrase undue hardship includes:

1. Situations where the are no acceptable alternatives to single use plascarryout bags for reasons which are unique to the entity;


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inspection at no cost to the City during regular business hours by any City emploauthorized to enforce this Section. Unless an alternative location or method of re

mutually agreed upon, the records or documents shall be available at the retailestablishment address. The provision of false information, including incompleteor documents to the City shall be a violation of this Section

8.74.050040 Enforcement

Violations of this chapter may be enforced with this section.

A. The City Administrator, or his/her designee shall be responsible for enfo

chapter and shall have authority to issue citations for violations.

B. Anyone violating or failing to comply with any of the requirements of th

shall be guilty of an infraction.

C. The City Attorney may seek legal, injunctive, or other relief to enforce th

provisions of this chapter.

D. The remedies and penalties provided in this chapter are cumulative and n

exclusive of one another.

E. Violations of this chapter shall be enforced as follows:

1. For the first violation, City Administrator or designee shall issue a wri

warning specifying that a violation of this chapter has occurred and whic

notifies the retail establishment of appropriate penalties to be assessed in

of future violations. The establishment will have 30 days to comply.

2. The following penalties will apply for subsequent violations of this ch

a. A fine not exceeding $100.00 for the first violation 30 days after th

warning.

b. A fine not exceeding $200.00 for the second violation 60 days afte

warning.

c. If not in compliance 90 days after the first warning, the establishme

be scheduled for a business license revocation hearing with the Plann


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Ordinance Ban Single-use Plastic Carryout Bags June 2012 OCR Document

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