CITY COUNCIL STAFF REPORT
February 18, 2025 {{section.number}}{{item.number}}
SECOND READING AND ADOPTION 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 SINGLEUSE 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, conduct the second reading and adopt Ordinance No. 2025-01R, “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:
At the February 4, 2025, meeting, the City Council introduced Ordinance No. 2025-01R to related to regulation of polystyrene and single-use plastics and provided direction on additional regulations related to carryout bags, compostable foodware and foodware accessories, and polystyrene items.
ANALYSIS:
In addition to corrections of minor typographical errors and renumbering, the attached draft ordinance includes the following revisions that capture direction given by City Council on February 4, 2025:
• Revision to § 36.28.050 to strike “reusable grocery bags” from sections B and C to prohibit distribution of reusable grocery bags at the point of sale. Modification to this section also necessitated additional language in the definition of “Carryout bag”, the addition of a new definition for “Reusable grocery bag”, and a new section § 36.28.050(G) to clarify that reusable grocery bags may be distributed outside of the point of sale. • Addition of language to the definition of “Compostable”, clarifying that compostable materials are those that are accepted as organic waste by the City’s waste hauler. On February 7, 2025, the City’s waste hauler, EDCO, has provided new information to staff that bamboo materials are no longer accepted as organic waste, and only uncoated paper take out containers and straws, and uncoated/untreated 100% wood foodware and foodware accessories are accepted.
• Addition of § 36.28.080 to add a prohibition on sale of polystyrene foodware, foodware accessories, ice chests, and coolers. For clarity and consistency, language was added to the definition for “Foodware” to capture beverage containers that may be made of polystyrene or single-use plastic.
The above modifications are shown in strikeout/underline in the attached draft ordinance.
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.
ALTERNATIVE:
The City Council may choose not to adopt the ordinance and provide further direction to staff.
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:
In lieu of publication of the ordinance in its entirety, the City Clerk will publish a summary of the ordinance a minimum of five days prior to adoption, and again within 15 days after adoption of the ordinance.
ATTACHMENTS:
1. Ordinance 2025-01
Submitted By: Community Development Department / Tricia Olsen