51 4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE).
• Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. • Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations.
• Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.
4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.
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52 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.
4.410.1 Operation and maintenance manual
Amended existing Item 11 to add Department of Forestry and Fire Protection, and added a new Item 12 to require that the operation and maintenance manual contain information and/or drawings identifying the location of grab bar reinforcements.
Chapter 5 – Nonresidential Mandatory Measures
Building Standards Commission and Division of the State Architect
5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.
5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.
5.504.4.7 Thermal insulation
Relocated thermal insulation from voluntary to mandatory and added verification of compliance.
5.504.4.8 Acoustical ceilings and wall panels
Relocated acoustical ceilings and wall panels from voluntary to mandatory along with verification of compliance.
Building Standards Commission
5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections
Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.
Division of the State Architect – Structural Safety
5.506.3 Carbon dioxide (CO2) monitoring in classrooms
Added new requirement for carbon dioxide monitors in classrooms only in new building construction, and not alterations and additions.
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53 5.106.12 Shade trees and subsections
Amended exceptions for surface parking and hardscape areas to provide clarity that excepted play areas for organized sports activities, such as basketball courts, are removed from the total area calculation of the hardscape areas on the campus.
Chapter A4 – Residential Voluntary Measures
California Energy Commission
A4.2 Energy efficiency
A4.201.1 Scope
Updated and provided a new web link to the CEC website.
A4.203.1.1 Hourly source energy design rating (EDR1) and Table A4.203.1.1 Updated for EDR1 margins for climate zones.
A4.203.1.2.3 HERS – Verified compact hot water distribution system and A4.203.1.2.4 HERS – Verified drain water heat recovery
Amended to add details for compliance.
A4.203.1.2.5 High performance vertical fenestration, A4.203.1.2.6 Heat pump water heater demand management, A4.203.1.2.7 Battery storage system controls and A4.203.1.2.8 Heat pump space and water heating Added as prerequisite options to standardize phrasing to remove unneeded references to HERS verification and to apply a broader range of equipment types and construction performance approaches to meet the overall requirements.
A4.203.1.3 Performance standard (repealed), A4.203.1.3.1 Tier 1 (repealed), A4.203.1.3.2 Tier 2. (repealed) and A4.203.1.3 Consultation with local electric service provider (renumbered)
Sections repealed and amended to remove reference to CALGreen tiers and to recommend consultation with a local electric service provider for jurisdictions considering reducing the Energy Design Rating (EDR) target when using solar PV systems larger than required by the California Energy Code.
Chapter A5 – Nonresidential Voluntary Measures
Building Standards Commission
A5.106.5.1.1, A5.106.5.1.2, Table A5.106.5.1.1 and Table A5.106.5.1.2 Designated parking for clean air vehicles
Amended the Tier 1 and Tier 2 voluntary requirements and repealed Tables A5.106.5.1.1 and A5.106.5.1.2.
A5.106.5.3.1 and A5.106.5.3.2 Electric vehicle charging Increased voluntary EV capable space percentages.
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54 A5.303.4.1 Nonwater urinal with drain cleansing action Amended to align with the new definition and California Plumbing Code.
A5.504.4.8 Thermal insulation
Amended to move Tier 2 requirements to Tier 1 (Tier 1 moved to mandatory) and verification of compliance was renumbered to A5.504.8.1.
A5.6 Voluntary Tiers and CALGreen Verification Guidelines Amend checklists affected by proposed mandatory and voluntary updates.
California Energy Commission
A5.201.1 Scope
Updated and provided a new web link to the CEC website.
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55 CALIFORNIA REFERENCED STANDARDS – PART 12
Building Standards Commission
Cross Reference Table
Amended the chapter titles and associated sections in Title 24. This table serves as a non-regulatory aid to the code user.
State Fire Marshal
Chapter 12-7A, Materials and Construction Methods for Exterior Wildfire Exposure
Repealed ignition-resistant material SFM Standard 12-7A-5.
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Agenda No. 13 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Megan McKenna, BNRC Commissioner
MEETING DATE: November 2, 2022
SUBJECT: Climate Action and Adaptation Plan This item was continued from 10/19/2022.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive presentation and provide direction.
DISCUSSION
The sustainable projects, actions, and accomplishments in the City Pacific Grove set our community on an ideal path to develop a more formal and strategic Climate Action and Adaptation Plan. The BNRC Climate Action Subcommittee, in collaboration with Sustainable PG, prepared this outline for how the City might move forward with a plan and identified priority actions for consideration. The attached document is a concept review for the City of Pacific Grove’s Climate Action and Adaptation Plan. The Sub Committee is seeking input from the community and the City Council as the commission progresses towards the development of a plan.
OPTIONS
Do nothing.
FINANCIAL IMPACT:
There is no fiscal impact by receiving the report.
GOAL ALIGNMENT: Environmental Stewardship: Adopt and develop policies and ordinances that preserve and protect the environment.
Attachments
Presentation
Concept Plan
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Climate Action and
Adaptation Planning
City of Pacific Grove
October 19, 2022
Presentation by BNRC Subcommittee on Climate Action
PGCC 11-2-2022
Timeline
January 2021
SPG presented to City
Council
Sustainable Pacific Grove
(SPG) asked the City of Pacific
Grove to proclaim a Climate
Emergency Resolution and to
commit to a series of actions
Council recommend the
document go through BNRC
review
February 2022
BNRC subcommittee
research and planning
The subcommittee
researched CAAP and met
with council members
Based on this, the
subcommittee decided to
proceed with a concept
review to present to the city
council after review and
approval by BNRC
April 19, 2022
BNRC review and
approval
McKenna motioned for the
commission to approve this
document and have it
forwarded to council to
review and commit to the
climate action planning.
Ingram 2nd. Approved 6-0.
April 24, 2022
Clarified request to city
council
(1) Commit to initial planning
CAAP
(2) Integrated into the updates to
the General Management Plan
(3) Develop a website that
summarizes city actions related
to CAAP
(text shortened)
April 2020
SPG met with Mayor
Sustainable Pacific Grove
(SPG) urged the mayor to take
more action and talked about
the Climate Change Crisis
Declaration SPG will bring to
the council for their
consideration
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Overview of Concept Review
1. Summary of the urgency and justification for undertaking climate action planning in the City of Pacific Grove
2. List of city activities that show City’s commitment to climate action
3. Specific recommendations from BNRC
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Specific Requests
(1) Commit to initial planning for a Climate Action and Adaptation Plan (CAAP). This would include establishing a budget, projected timeline for planning, implementation, and evaluation, and options to secure funding. To facilitate this initial planning, we recommend establishing a committee composed of city staff, elected officials, local business representatives, and members of the public.
(2) Request that CAAP be integrated into the updates to the General Management Plan. (3) Develop a website that summarizes actions the city is taking towards climate action planning with the purpose of learning from what we have already done in our community.
This would expand on this list we initially presented by the BRNC and could expand to include a survey of city departments on what they are doing.
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Concept Review for City of Pacific Grove Climate
Action and Adaptation Plan
Cities worldwide are creating specific and measurable climate action goals by committing to a series of actions— as part of the U.S. Conference of Mayors’ Climate Protection Agreement. The City of Pacific Grove is a member of this agreement and needs to join the efforts with strategic and actionable goals based on the following facts:
● The Intergovernmental Panel on Climate Change's (IPCC) most recent report indicates that global warming and the melting of the Arctic ice caps are happening at a faster rate than previously anticipated, and it stresses the urgency of reducing greenhouse gas (GHG) emissions* in order to limit global warming to 1.5 degrees Celsius going forward.
● NOAA reports that the rising ocean acidity off the coast of California (twice the rate of the global average) caused by GHG emissions threatens the shellfish and other species in Monterey Bay. This represents a grave threat to our local economy.
● The Paris Climate Agreement adopted by the United Nations specifically identifies the importance of local governments in the role of environmental protection via aggressive policies and programs that reduce our GHG emissions while promoting a 21st century economy.
● The Coastal Commission has identified several areas of concern for climate change specific to the coastal zone including: storms and flooding; coastal erosion and loss of sandy beaches; coastal habitats; marine ecosystems; land use planning decisions; and shoreline access. Pacific Grove has approximately 458 acres of land within the coastal zone (City of Pacific Grove Climate Change Vulnerability Assessment, 20151).
● Cities, including Pacific Grove, will face tremendous financial losses due to the projected sea level rise, the intensity of storms, drought, wildfires and coastal flooding, linked to rising global temperatures caused by GHG emissions.
Business and private properties are also at risk.
● The Pacific Grove community, led by the Beautification and Natural Resource Commission and Sustainable Pacific Grove, is encouraging the City to develop and implement a sound climate action plan.
● Pacific Grove’s City Council priorities call for environmental stewardship through adoption and development of policies and ordinances that preserve and protect the environment.
1 Documents available upon request
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Summary of City of Pacific Grove Climate Actions
The City of Pacific Grove has initiated, and in many cases completed, a number of projects to address the climate crisis. While these projects are not part of a formal climate action plan, they highlight the City's commitment to climate action in our community. We wanted to showcase these projects as an initial step in developing a city climate action plan. Below is a list of projects identified by BNRC.
Energy Saving
1. LED streetlight upgrade (completed 2018)
2. Community engagement to achieve energy efficiency through Heros Program, energy efficiency rebates, guidelines and online resources
3. Installation of solar street lighting (2021, 2022)
Sustainable Transportation
1. Proposal for electrification of city fleet (began 2015)
2. Installation of electric vehicle charging stations (began 2020) ) Water Conservation
1. Replacement of potable irrigation system to recycled water (2017)
2. Updated storm water collection system (2018)
3. Rainscape Rebate Program for low impact development projects Waste Management
1. Reduction of single use plastic bags (2015)
2. Reduction of disposable food service ware (2019)
3. Installation of water bottle refilling stations (2022)
4. Household organic waste collection (2022)
Natural Resources Protection and Restoration
1. George Washington Park restoration and tree planting (began 2019)
2. Shoreline Management Plan (completed 2020)
3. Coastal Wildlife Protection Advisory Committee Report recommendations (proposed 2021)
4. Update Monarch Habitat Management Plan (proposed 2021)
5. Review and update to Trees and Urban Forest Municipal code (initiated in 2022) Other Related Accomplishments
1. Climate Change Vulnerability Assessment (2015)
2. County of Monterey Greenhouse Gas Inventory (2022)
Awards
1. Beacon Platinum Award for reduction of GHG emissions (2018-2020)
2. Beacon Silver Award for sustainability best practice activities (2018), energy savings (2019), and vanguard award (2020)
3. Storm water capture system awarded Ocean Hero award from Monterey Bay Aquarium (2019) and Project of the Year award from American Public Works Association (APWA) Monterey Bay Chapter (2022)
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Recommendations
The sustainable projects, actions, and accomplishments in the City Pacific Grove set our community on an ideal path to develop a more formal and strategic Climate Action and Adaptation Plan. The BNRC Climate Action Subcommittee, in collaboration with Sustainable PG, prepared this outline for how the City might move forward with a plan and identified priority actions for consideration. Specifically, the BNRC and SPG recommend developing a Climate Action and Adaptation Plan.
Climate Action and Adaptation Plans (CAAP) involve conducting an inventory of greenhouse gasses (GHG)*, setting reduction targets**, identifying priority actions, creating a plan for implementing actions and monitoring changes. A CAAP will keep our community on track for realizing reduction goals for our priority actions and monitoring success through annual inventory comparisons. By working in conjunction with Local Governments for Sustainability and other appropriate organizations, the city can track implementation and progress of the climate action plan, as well as consider equitable distribution of services to ensure that those who will be most greatly impacted by the effects of changing climate are not left behind. See City of Watsonville’s CAAP and Santa Cruz as example CAAPs.
In order to meet the City’s climate goals, the listed priority actions include three types of initiatives:
Climate action refers to actions taken to reduce emissions. Examples include transitioning to low-carbon energy sources, such as solar or wind energy.
Climate adaptation, on the other hand, refers to preparing for the impact climate change is already having on our communities, such as increased droughts, wildfires, and flooding.
Climate restoration consists of goals and actions that draw excess carbon out of the atmosphere and help restore balance to ecological systems, such as tree-planting and regenerative agricultural practices.
This initial list of climate actions, adaptation, and restoration activities will be built upon as we acquire data from our GHG inventory, develop our CAAP, and identify priorities and needs of the community.
Climate actions to reduce GHG emissions:
● Complete a city-specific inventory of greenhouse gas to inform actions.
These results build on the AMBAG Energy Watch energy assessments of all city facilities and complement the recent Monterey County GHG Inventory;
● Enhance transportation options such as bicycle trails, carpooling and public transit;
● Increase the use of clean alternative energy, including installation of solar panels on appropriate city infrastructure;
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● Make energy efficiency a priority through building code improvements, retrofitting City facilities with energy efficient lighting and heating and urging employees to conserve energy;
● Purchase only Energy Star equipment and appliances for City use; ● Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system;
● Electrify municipal vehicles when feasible or increase the fuel efficiency of fleet vehicles;
● Educate, promote, and encourage the community (business and private, and schools) to reduce GHG emissions with the above actions; Climate adaptation to prepare for impact of climate change:
● Initiate an Eco-tourism committee with representation from each tourism sector of hospitality, leisure activity, and travel;
● Reconsider coastal structures and trails based on the findings of the 2015 City of Pacific Grove Climate Change Vulnerability Assessment, and the Shoreline Management Plan;
● Incorporate principles of equity in planning, design, and implementation; Climate restoration to draw excess carbon out of the atmosphere and to restore ecological balance:
● Maintain a healthy urban canopy and promote tree planting; ● Practice and promote a sustainable ecosystem by eliminating toxic pesticides (herbicides, insecticides, and rodenticides) and supporting natural, nontoxic methods of pest management on city property; ● Enhance the persistence of cultural practices with a focus on preserving the ecosystems that are integral to local Tribal communities. * An inventory of GHG emissions requires measurement of energy used (electricity, natural gas, gasoline/miles driven) and waste generated (landfill, yard waste, recyclables and compostable biowaste), using available metrics and a conversion factor into GHG emissions for each, and segregating these measurements by sector (municipal, business, private). Water usage should also be inventoried.
** For simplicity and clarity, greenhouse gas emission reduction is used as the method of addressing the damaging effects of global climate change. In the U.S. Mayors’ Climate Protection Agreement, terms like climate disruption, reducing global warming pollution, greenhouse gas emission reduction, and emissions reduction are interchangeably used.
Reduction of greenhouse gas emissions can be achieved by consuming less energy and producing less waste, both of which save money.
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Agenda No. 13 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Susan Meyers, BNRC Commissioner
MEETING DATE: November 2, 2022
SUBJECT: Single Use Plastic Code Revisions This item was continued from 10/19/2022.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive presentation and provide direction.
DISCUSSION
On November 7, 2019, Council approved amendments to Chapters 11.98 and 11.99 of the municipal code regarding prohibitions on single-use plastics and food packaging, which were to be initiated on April 22, 2020.
Awareness outreach and alternate resources had been given via business and community meetings and in-person business contact. The outreach was a joint effort of the City of Pacific Grove Public Works, The Chamber of Commerce and local volunteer NGOs (Communities for Sustainable Monterey County, Monterey Bay Aquarium, and Monterey Regional Stormwater Education Alliance).
While Chapter 11.98 of the code is in effect, enforcement has been limited due to COVID19. The BNRC Recycling and Litter Reduction Subcommittee proposes several amendments to Chapter 11.98 to be voted on and approved before proceeding with the re-initiation and enforcement. The proposed amendments are described below and shown illustrated on the red-lined draft of Chapter 11.98.
11.98.0301.
1. Change the minimum requirement of carryout paper bags from 100% to 75% recycled material.
2. Offer paper only at checkout for the cost of $0.25. All reusable plastic bags, including the 4ml plastic bags, are sold separately and priced similarly.
3. Allow compliant paper bags for carryout of wet items, pharmacy, cards, etc.
11.98.0351.
1. Prohibit bioplastic PLA and allow non-plastic recyclable packaging such as aluminum and glass
2. Regarding straws: Remove SUD (which includes single-use paper straws) from the restriction and replace with SUP. Use SUD/SUP consistently throughout the codes PGCC 11-2-2022
3. Food service providers will charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a fee $0.25 per for each to go cup to cover the difference in cost from SUDs
11.98.050
BNRC recommends suspending enforcement of dry cleaner film prohibition until further notice. The subcommittee would also ask for suspension of enforcement to the dry cleaner bags portion of the codes until further notice due to constraints on alternatives and current strain on the dry cleaner businesses.
Additionally, include prohibition of balloons and all types of confetti in the Ordinance. Amend all Use/Event permits to clearly include the prohibition and communicate the restrictions more visibly on the permit application and website. Enforce collection of cleaning deposit and consider increasing the amount of the deposit.
Prior to policy changes, it is the recommendation that a public outreach campaign occur within the business community that will be effected.
OPTIONS
Do nothing and keep the code as is.
FINANCIAL IMPACT:
There is no fiscal impact by receiving the report
GOAL ALIGNMENT: Environmental Stewardship: Adopt and develop policies and ordinances that preserve and protect the environment.
Attachments
Presentation
Draft changes
PGCC 11-2-2022
RECOMMENDATION
The BNRC recommends amendments to Chapters 11.98 and
11.99 of the municipal code regarding prohibitions on single-use plastics (the “Ordinance”) and submits this presentation and attendant materials to the City Council for its consideration.
SINGLE USE PLASTIC ORDINANCE
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Change the minimum requirement of carryout paper bags
from 100% to 75% recycled material.
Offer paper only at checkout for the cost of $0.25. All reusable plastic bags, including the 4ml plastic bags, to be sold separately and priced similarly.
Allow compliant paper bags for carryout of wet items,
pharmacy, cards, etc.
AMENDMENT 11.98.030
11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags.
1. 2.
3. PGCC 11-2-2022
Prohibit bioplastic PLA and allow non-plastic recyclable packaging such as aluminum and glass.
Regarding straws: Remove SUD (which includes single-use paper straws) from the restriction and replace with SUP. Use SUD/SUP consistently throughout the codes.
Food service providers will charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a fee $0.25 per for each to go cup to cover the difference in cost from SUDs.
Amendment 11.98.035
11.98.035 Ban on single-use disposable food serviceware
1. 2.
3. PGCC 11-2-2022
Vote to suspend enforcement of dry cleaner film prohibition until further notice.
DRY CLEANER CONSIDERATION
11.98.050 Enforcement
1. PGCC 11-2-2022
Include prohibition of balloons and all types of confetti in the Ordinance.
Amend all PG Use/Event permits to clearly include the
prohibition and communicate the restrictions more visibly on the permit application and website.
Enforce collection of cleaning deposit and consider increasing the amount of the deposit.
BALLOONS AND CONFETTI
1. 2.
3. PGCC 11-2-2022
BNRC Recommendations, Illustrated
Rev 9.05.2022
Chapter 11.98 REDUCTION OF SINGLE-USE PLASTICS
Sections:
11.98.010 Purpose and findings.
11.98.020 Definitions.
11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags.
11.98.035 Ban on single-use disposable food service ware.
11.98.040 Ban on single-use amenities by lodging providers.
11.98.045 Implementation.
11.98.050 Enforcement.
11.98.055 Exemptions.
11.98.010 Purpose and findings.
(a) It is the intent of the city of Pacific Grove in enacting this chapter to eliminate the use of single-use plastics, to encourage the use of reusable or compostable products by consumers, food and lodging providers, and retail establishments, and to reduce the consumption of single-use plastics in general. (b) By promoting compostable materials and reusable products, the city positions itself to meet state mandated waste diversion targets.
(c) Single-use disposable packaging and food ware (SUDs) are a major contributor to street litter, ocean pollution, marine and other wildlife harm, and greenhouse gas emissions. (d) Plastics in waterways and oceans break down into smaller pieces known as microplastics, which are not biodegradable and are present in most of the world’s oceans. (e) Among other hazards, plastic debris attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that are eventually sold for human consumption.
(f) The city finds that the addition of this chapter to the municipal code qualifies as a regulation for the protection of natural resources and the environment as defined by the California Environmental Quality Act (CEQA). [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].
11.98.020 Definitions.
For the purposes of this chapter, the following definitions apply:
“Affordable” means that a compostable product may cost up to 15 percent more than the purchase cost of the nonbiodegradable, non-compostable or nonrecyclable material. “ASTM standard” means meeting the standards of the American Society for Testing and Materials International Standards D6400, as may be amended.
“Biodegradable” means the ability of organic matter to break down from a complex to a simpler form through the action of bacteria or to undergo this process. “BPI” means Biodegradable Product Institute.
“City contractor” means any person or entity that has a contract with the city for work or improvement to be performed, for a franchise, concession, for grant moneys, goods and services, or supplies to be purchased at the expense of the city.
“City facility” means any building, structure, street, park, open space, golf links, or vehicle owned and operated by the city, its agents, and departments.
“Compostable” means a material that meets BPI certified standards or undergoes degradation by biological processes during composting to yield carbon dioxide (CO2), water, inorganic compounds, and PGCC 11-2-2022
BNRC Recommendations, Illustrated
Rev 9.05.2022
biomass within a nominal time frame. Compostable food service ware must be clearly labeled compostable in accordance with California Public Resources Code Section 42357 et seq., as may be amended, and all state and federal labeling laws pertaining to the identification of compostable products.
“Disposable” means products intended for single or a limited number of uses, used in the restaurant, food service and retail industries.
“Exempted uses” means those points of sale or delivery sales that have received a special exemption through the city manager or designee.
“Food service provider” means any restaurant or vendor located or providing food within the city that provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck, special events vendor, or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services. “Food service ware” means products used by a food service provider or in the food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plastic plates, straws, cups, lids, bowls, utensils, stirrers, beverage plugs, trays and hinged or lidded containers. This does not include single-use packaging for unprepared foods. “Lodging provider” means any hotel, motel, bed and breakfast inn, short-term rental, or any other establishment that provides overnight lodging.
“Person” means an individual, business, event promoter, special events vendor, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association, and public or private school.
“PLA” (polylactic acid or polylactide) means a biodegradable and bioactive thermoplastic aliphatic polyester derived from renewable biomass, typically from fermented plant starch such as from corn, cassava, sugarcane or sugar beet pulp.
“Plastic” means a material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.
“Plastic bag” or “plastic carryout bag” means a single-use carryout bag of any size that is provided at point of sale to customers by a retail establishment or food provider. Plastic bags include noncompostable carryout bags. After December 31, 2020, this definition shall include “dry cleaning film bags.”
“Point of sale” means a physical or virtual place where sales transactions are made, typically a cash register, check stand or online shopping cart.
“Polystyrene foam” includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blown molding (extruded foam polystyrene). This includes but is not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.
“Prepared food” means food or beverage prepared for consumption on the food provider’s premises, or elsewhere, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. This does not include food prepared and packaged outside the city.
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BNRC Recommendations, Illustrated
Rev 9.05.2022
“Recyclable” means any material that is accepted by the city recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols Nos. 1 through 5. “Recycled paper bag” means a bag that contains no old growth fiber and is made up of 100 percent post-consumer recyclable materials, and has printed in a highly visible manner on the outside of the bag the words “100 percent Compostable.”
“Restaurant” is defined as a food provider doing business in the city whose principal business is the sale of prepared food for consumption either on or off premises, which includes a restaurant, cafe, bakery, food cart, take-out establishment, home kitchens, delicatessen, or catering truck. “Retail establishment” or “retail store” means all sales outlets, stores, shops, vehicles, nonprofits, resale businesses or other places of business located within the city that operate primarily to sell or convey goods directly to the ultimate consumer.
“Reusable” means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to disposable.
“Reusable bag” means any bag with handles that is specifically designed and manufactured for multiple reuse, and is either: (1) made of cloth or other washable woven fabric; or (2) made of durable material that is at least 4.0 mils thick that can be cleaned or disinfected at least 125 times. A reusable bag may be made of recyclable plastic such as high-density polyethylene (HDPE), low-density polyethylene (LDPE), or polypropylene.
“Single-use amenities” means plastic containers less than eight ounces in size that contain personal care products intended to be applied to or used on the human body in the shower, bath or any part thereof, and includes body wash, lotion or hair products provided by lodging providers. “Single-use carryout bag” is defined as a bag, other than a reusable, recyclable bag, or compostable bag, provided at the point of sale for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags include bags, without handles, provided to the customer to (1) transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale; (2) hold prescription medication dispensed from a pharmacy; or (3) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.
“Single-use plastics” or “SUPs” means single-use carryout plastic bags or containers that are provided at the point of sale to customers. These typically include plates, cutlery, cups, lids, straws, “clamshells” and other containers, as well as products with plastic lining. This also includes single-use amenities. “Special events promoter” means an applicant for any special events permit issued by the city or any city employee(s) responsible for any city-sponsored or organized special event. “Straw” means a tube through which beverages, slurries, smoothies, and similar ingestible products may be ingested by the consumer.
“SUDs” means single-use disposable packing and food service ware. [Ord. 19-016 § 2, 2019; Ord. 14- 015 § 2, 2014].
11.98.030 Ban on single-use plastics and plastic bags and charge for paper carryout bags. (a) No retail establishment, dry cleaner, laundry service, food service provider, or lodging provider shall provide single-use plastics or plastic bags to customers at the point of sale, except as permitted in this chapter.
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(b) No city contractors, special events promoters, or their vendors, while performing under contract or permit within the city limits, shall provide single-use plastics or plastic bags to customers at the point of sale.
(c) Paper carryout bags provided to customers shall contain a minimum of 75100 percent postconsumer recycled paper fiber and must be certified compostable as defined in this chapter. (d) Retail establishments shall charge a minimum 2510-cent fee for each paper carryout bag provided to customers at the point of sale. Retail establishments shall keep annual records of paper bag distribution to be made available to the city manager or designee upon request. From time to time, the city may review the annual records of paper bag distribution to ensure the effectiveness of these regulations. (e) The charge imposed pursuant to this chapter shall not be charged to customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, the State Department of Social Services food stamp program, or other government-subsidized purchase programs for lowincome residents. (f) Bags used to protect wet items or for carry-out protection must be made of BPI compliant materials or compliant paper materials. This includes bags to protect bottles, bags around meat, produce, ice cream or other wet items, bags to weigh candy, pharmacy bags, or bags to protect greeting cards. (g) Retail establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price. 4ml plastic bags shall be treated as other reusable bags, sold separately and priced accordingly.
(h) Retail establishments shall indicate on the customer transaction receipt the number of paper carryout bags provided, and the total amount charged.
(i) It shall be a policy of the city that retail establishments located outside the city shall not package any nonfood product in a container that utilizes polystyrene foam, both block polystyrene or packaging peanuts, or purchase, obtain, keep, distribute or sell for home or personal use, or give, or otherwise provide to customers any packaging that utilizes polystyrene foam. The city shall promote and require elimination of all SUDSUP and polystyrene foam packaging. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].
11.98.035 Ban on single-use disposable food service ware. (a) All food service providers within the city shall provide reusable food service ware for dine-in customers.
(b) BPI certified non-PLA compostable food service ware and non-plastic recyclables required for prepared food other than dine-in customers.
(1) All food service providers within the city shall use BPI certified non-PLA compostable food service ware and non-plastic recyclables products for prepared food. This includes city contractors and special events promoters performing under a city contract or permit. (2) No person may sell, offer for sale, or otherwise distribute within the city, and may not provide prepared food in any disposable food service ware that is not BPI certified fiber based compostable, non-plastic recyclable, or that contains polystyrene foam. This includes city contractors in the performance of city contracts and special events promoters in the city. (3) Food service providers maywill charge a take-out fee for take-out containers, not to exceed $1.00 per order, but including a 25-cent fee for each to go cup to cover the difference in cost from SUDs.
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(c) Straws shall be provided only upon request. All SUDSUP straws, including PLA/bioplastic, are prohibited. Exceptions shall only be made to the consumer self-identifying as a person with a disability, whereupon a plastic straw may be provided to the consumer. (d) Foods prepared or packaged outside the city and sold within the city are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city are encouraged to follow the provisions of this chapter as it is a policy goal of this city to eliminate the use of single-use plastics and polystyrene foam for packaging prepared food.
(e) Penalties.
(1) The city, in accordance with applicable law, may inspect any food service provider’s premises to verify compliance with this chapter.
(2) Food service providers shall confirm compliance with this chapter on their annual business license renewal forms.
(3) Violations of this section shall be enforced as follows:
(A) For the first violation, the city manager or designee shall issue a written warning to the food provider specifying that a violation of this chapter has occurred and notifying the food provider of the appropriate penalties to be assessed in the event of future violations. (B) The following penalties shall apply for subsequent violations of this chapter:
(i) A citation imposing a fine in the sum of $200.00 for the first violation that occurs more than 30 days after the warning issued pursuant to subsection (e)(3)(A) of this section. In lieu of payment, the person cited may submit receipts to the city manager that demonstrate the purchase, following the service of the citation, of at least $100.00 worth of BPI certified compostable products appropriate as an alternative to the disposable food service ware that led to the violation.
(ii) A fine in the sum of $400.00 for a violation that occurs after issuance of the citation referenced in subsection (e)(3)(B)(i) of this section.
(iii) A fine in the sum of $900.00 for the third and each subsequent violation which occurs after issuance of the citation referenced in subsection (e)(3)(B)(i) of this section. (4) Food service providers who violate this chapter in connection with special events, defined in this chapter, shall be issued a citation imposing fines as follows:
(A) A fine of $200.00 for each violation associated with an event of one to 200 persons; (B) A fine of $400.00 for each violation associated with an event of more than 200 but less than 400 persons;
(C) A fine of $600.00 for each violation associated with an event of more than 400 but less than 600 persons; and
(D) A fine of $1,000 for each violation associated with an event of more than 600 persons. [Ord. 19-016 § 2, 2019].
11.98.040 Ban on single-use amenities by lodging providers.
Single-use amenities are prohibited for distribution by lodging providers within the city except to persons specifically requesting accommodations for a disability or other special need. [Ord. 19-016 § 2, 2019].
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11.98.045 Implementation.
The city shall make available a copy of this chapter, or a link to this chapter on the city’s website, to every new retail establishment, dry cleaner, laundry service, lodging provider or food provider that applies for a business license. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014. Formerly 11.98.040].
11.98.050 Enforcement.
(a) Beginning April 22, 2020, violations of this chapter may be enforced in accordance with Chapters
1.16 and 1.19 PGMC.
(b) Violation of this chapter will be considered a public nuisance. In addition to any other remedies or penalties that may be available, any violation described in subsection (a) of this section shall be subject to abatement by the city, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by an injunction issued by the superior court in a civil action, based upon a showing by the city that said violation exists.
(c) The city manager is authorized to establish regulations or administrative procedures to obtain compliance with this chapter. [Ord. 19-016 § 2, 2019; Ord. 14-015 § 2, 2014].
11.98.055 Exemptions.
(a) The city manager or designee may exempt a person from the requirements of this chapter for a period not to exceed 12 months per request upon a showing, in writing, that this chapter creates an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. (b) The city manager shall confirm the decision to grant or deny each exemption in writing; the city manager decision shall be final.
(c) There shall be no exemptions to allow for the use of recyclable, biodegradable, or polystyrene foam disposable food service ware. [Ord. 19-016 § 2, 2019].
Chapter 11.99FOOD PACKAGING
(Repealed by Ord. 19-016)
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