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