CITY COUNCIL STAFF REPORT
February 4, 2025 {{section.number}}{{item.number}}
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INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, AMENDING TITLE 36 OF THE CORONADO MUNICIPAL CODE TO ADD CHAPTER 36.28 RELATED TO POLYSTYRENE AND SINGLE-USE PLASTICS
REGULATIONS
RECOMMENDATION:
Determine that the proposed ordinance is exempt from CEQA review based upon the common sense exemption under State CEQA Guidelines Section 15061(b)(3) and under exemptions for actions to protect natural resources and the environment under CEQA Guidelines sections 15307 and 15308, and introduce Ordinance No. 2025-01, “An Ordinance of the City Council of the City of Coronado, California, amending Title 36 of the Coronado Municipal Code to add Chapter 36.28 related to Polystyrene and Single-Use Plastics Regulations.” BACKGROUND:
In response to a Policy #2 request to explore options for regulating single-use plastics in the City, staff reviewed other local ordinances in the region related to plastic foodware and carryout bags, polystyrene foam, balloons, and single-use beverage bottles, and presented potential policy options to City Council on September 17 and December 3, 2024. At these meetings, the City Council received reports detailing relevant state regulations, local plastic reduction efforts, and best practices from other cities; considered input from local businesses provided by the Chamber of Commerce; and listened to comments from members of the public before deliberating on an ordinance appropriate for Coronado. The City Council provided staff with policy direction at the December 3, 2024, meeting and directed staff to return with a draft ordinance for their consideration.
ANALYSIS:
After consideration of information presented by staff and discussion around what policies would best fit for Coronado, the City Council agreed on the following policy elements and directed staff to prepare an ordinance for introduction:
1. Prohibit use and distribution of single-use plastic carryout bags at retail and food service establishments, City facilities, and City affiliated events.
2. Prohibit use and distribution of polystyrene foam foodware in food service establishments, City facilities, and City affiliated events.
3. Prohibit use and distribution of single-use plastic foodware and foodware accessories in food service establishments, and at City facilities and City affiliated events; recyclable or compostable utensils only upon request at food service establishments.
4. Allow customers to bring their own reusable cups for use at any food service establishment.
5. Prohibit sale, distribution, and intentional release of lighter-than-air balloons.
6. Prohibit use and distribution of single-use plastic beverage bottles at City facilities and City affiliated events, and prohibit use of City funds to purchase single-use plastic beverage bottles.
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7. Allow an implementation and educational period for businesses to use up existing inventory, as appropriate.
8. Incorporate emergency and hardship exemptions, as appropriate.
The attached draft ordinance includes these components and is intended to capture the direction provided by the City Council, which expands upon existing State legislation related to single-use plastics and aligns with other regional initiatives in coastal cities in San Diego County. Staff has included sections allowing for a waiver process to be established, including full or partial waivers for situations where no feasible alternative to compliance exists, for durations of up to six months or until a feasible alternative is available. While this ordinance will become effective 30 days after adoption, staff has included an enforcement start date of 180 days after the ordinance takes effect, in order to allow regulated entities ample time to use up existing inventory.
Compostable Materials
City Council included direction to allow food service providers to distribute compostable food ware accessories upon request, and staff has included language in the draft ordinance to implement this direction. Staff has been made aware of some desire among the City Council to further restrict the allowed materials for food ware accessories to be only those that are appropriate for inclusion in the green “organics” bin so staff has spoken with representatives from Coronado’s waste hauler, EDCO, in order to ensure clarity of their requirements.
EDCO provides an organics recycling program which processes organic material at their anaerobic digester facility. In addition to plants and yard waste, the program allows for inclusion of the following into the green “organics” waste bin: paper napkins, paper towels, paper plates, paper cups, paper take-out containers and take-out boxes (with no plastic or wax coating, and with metal removed), coffee filters, tissues, popsicle sticks, toothpicks, wooden chopsticks, and untreated wood or bamboo. However, the EDCO organics recycling program does not include recycling of all compostable items, even if they are certified compostable per American Society of Testing and Materials (ASTM) or Building Products Industry (BPI) standards. Compostable and biodegradable bags, food ware, and utensils are not to be placed in the green EDCO organics recycling bin, unless they are made of non-coated paper, or untreated wood or bamboo, as these items cannot be processed by the anaerobic digester.
Adoption of an ordinance that limits food service providers to only those materials that are appropriate for inclusion in the EDCO green “organics” waste bin would limit food service establishments to only the use of non-wax/plastic coated paper take out containers and straws, and untreated wood or bamboo utensils. Items made from other plant-based materials such as corn or potato starch would be prohibited, as they are not appropriate for EDCO’s organics recycling program and should be placed in the trash bin. When this item was considered by the City Council in December, staff included survey responses provided by the Coronado Chamber of Commerce, which generally indicated support for regulation of single use plastic in the City.
However, the survey did not include questions related to support for only use of non-coated paper and untreated wood or bamboo food ware and food ware accessories, and the level of support among the food service business community may be different than what was reported if the types of products allowed to be used in food service are changed from at the time of the survey.
FISCAL IMPACT:
There will be minimal fiscal impact associated with publicizing the prohibition of single use plastics. That and other outreach and enforcement efforts can be achieved with existing budget. 4933-9292-9812 v1
ALTERNATIVE:
The City Council may alter prior policy direction or choose not to adopt the ordinance.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed ordinance is exempt from CEQA review based upon the common sense exemption under State CEQA Guidelines Section 15061(b)(3) and the reasoning of the California Supreme Court in the case of Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal.4th 155, and the Court of Appeal cases of Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863 and Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209. The City’s adoption of ordinance will not have any substantial or contributive effects on the local or broader environment. The City’s small size and retail sector, its minor contribution to regional landfills, and many residents’ adoption of reusable alternatives all demonstrate that adoption of the ordinance will not have any substantial or potentially substantial, adverse changes in the physical environment. Moreover, the ordinance will enhance, rather than degrade, the local environment by removing sources of plastic waste from the environment and that pose potential hazards to marine life. For these reasons, the ordinance is also exempt from CEQA review under CEQA Guidelines sections 15307 and 15308, which exempt actions by agencies for the protection of natural resources and the environment. The ordinance identifies prohibitions and procedures intended primarily for the protection of the environment, and the City is adopting the ordinance to promote the general welfare consistent with its municipal regulatory powers. (Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863; Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209.) The ordinance will not relax any environmental standards, and there are no applicable exceptions to the exemptions in this case.
PUBLIC NOTICE:
Public notice will be published in the Coronado Eagle & Journal following introduction.
ATTACHMENTS:
1. Ordinance 2025-01 related to regulation of Polystyrene and Single-Use Plastics Submitted By: Community Development Department / Tricia Olsen