HomeMy WebLinkAboutOrdinance 2800 N.C.S. 12/20/2021Ordinance No. 2800 N.C.S. Page 1
EFFECTIVE DATE OF ORDINANCE January 19, 2022
ORDINANCE NO. 2800 N.C.S.
Introduced by: King Seconded by: Fischer ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA CREATING
CHAPTER 8.18 OF THE PETALUMA MUNICIPAL CODE ENTITLED MANDATORY ORGANIC WASTE REDUCTION ORDINANCE
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented,
superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources
Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses
and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the
State of California on September 28, 2014), which added Chapter 12.9 (commencing with Section 42649.8) to
Part 3 of Division 30 of the Public Resources Code, relating to solid waste, (as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from
businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane, and that the regulations place
requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to
adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383; and WHEREAS, local implementation of SB 1383 requirements will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that
would otherwise be disposed, be recovered for human consumption; and
DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103
Ordinance No. 2800 N.C.S. Page 2
WHEREAS, the City Council of the City of Petaluma adopted Resolution 2019-114 N.C.S. adopting zero waste principles on July 15, 2019; and
WHEREAS, the City Council of the City of Petaluma adopted Resolution 2021-007 N.C.S. approving a Climate Emergency Framework on January 7, 2021; and WHEREAS, action on the proposed ordinance for mandatory organic waste reduction is exempt under
the “common sense” exception in CEQA Guidelines Section 15061(b)(3), which establishes the general rule for
projects concerning which can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as it can be seen with certainty that this regulatory amendment mandating organics waste disposal reduction will have a significant negative effect on the environment; and
WHEREAS, in the alternative, the adoption and implementation of this ordinance is exempt from CEQA
pursuant to Sections 15307 and 15308 of the State CEQA Guidelines as an action taken to assure the maintenance, restoration, enhancement, and protection of natural resources and the environment as authorized by state law where the regulatory process involves procedures for protection of the environment; and the basis for this determination is that the proposed ordinance establishes regulations to increase recovery of edible food, reducing
pollutants caused by organic waste caused by disposal in landfills, and reducing greenhouse gas emissions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows:
Section 1. Recitals. The above recitals are hereby declared to be true and correct and hereby
incorporated into this ordinance as findings of the City Council.
Section 2. CEQA Exemptions. This ordinance approving mandatory organic waste reduction program
is exempt under the “common sense” exception in CEQA Guidelines Section 15061(b)(3), which establishes the
general rule for projects concerning which can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment as it can be seen with certainty that this regulatory
amendment mandating organics waste disposal reduction will have a significant negative effect on the
environment.
In the alternative, the adoption and implementation of this ordinance is exempt from CEQA pursuant to
Sections 15307 and 15308 of the State CEQA Guidelines as an action taken to assure the maintenance,
restoration, enhancement, and protection of natural resources and the environment as authorized by state law
where the regulatory process involves procedures for protection of the environment; and the basis for this
determination is that the proposed ordinance does establishes standards, license requirements, and other
measures that regulate the licensure of tobacco retailers more stringently than existing codes and reduce sales of
tobacco products to minors, and these standards, license requirements, and other measures will protect human
health, which is an aspect of the environment under Public Resources Code Section 21083(b)(3), by
strengthening the requirements for handling and reducing solid waste.
Section 3. Mandatory Organic Waste Reduction Ordinance Approved. The Mandatory Organic
Waste Reduction Ordinance, which is attached to and made a part of this ordinance as Exhibit A, is hereby
DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103
Ordinance No. 2800 N.C.S. Page 3
approved, and shall be enrolled into the Petaluma Municipal Code as Chapter 8.18 upon this ordinance taking
effect.
Section 4. Effective Date/Referendum Period. This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council in accordance with Article XII, Section 76A of the
Petaluma Charter.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is
for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or
preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this
ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published the 6th day of December 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay Noes: None Abstain: None Absent: None
ADOPTED this 20th day of December 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Healy, King, McDonnell, Pocekay Noes: None
Abstain: None
Absent: None
Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM:
Samantha Pascoe, CMC, Deputy City Clerk Eric Danly, City Attorney
DocuSign Envelope ID: 098F12A1-D93C-4685-83BD-197C86EA7103