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Home My WebLink AboutRes 2014-28 - Ord 1271 - Reduce Sngl-Use Plastic Bags ��: _.��..•� ��1r�� 1.��/ � C;��._��.�_. .... � ��.:�--�-€�3� ��m.� � � � .�.�� -�� {� ._3# ��a;d i„'N:<_.i i _ _ _.�.a.��._�.�._..�..�.ti�.. CITY OF PALM DESE�� _.� � ., ...�, ,,;� (��{-�y-�?Gl�l , ��.�a��TC� ��s �t�.;�GD ��.e.... DEPARTMENT OF COMMUNITY DE �F� npnn�niT .�.�� STAFF REPORT REQUEST: CONSIDERATION OF AN ORDINANCE TO REDUCE SINGLE- USE PLASTIC BAGS BY RETAIL ESTABLISHMENTS WITHIN THE CITY OF PALM DESERT SUBMITTED BY: Tony Bagato, Principal Planner DATE: April 10, 2014 CONTENTS: Resolution No. 2014- 2s Negative Declaration Ordinance No. 1271 Notice of Intent to Adopt a Negative Declaration Initial Study Recommendation 1. Waive further reading and adopt Resolution No. 2014- 2� approving a Negative Declaration for CEQA purposes; and 2. Waive further reading and pass Ordinance No. 12�1 to second reading approving an ordinance of the City of Palm Desert, California, adding Chapter 5.12 to the Palm Desert Municipal Code to reduce single-use plastic bags by retail establishments. Executive Summary Since 2011, the City of Palm Desert has researched and discussed the possibility of reducing single-use plastic bags that are being distributed from retail establishments. The City Council directed staff to work with the Coachella Valley Association of Governments (CVAG) to draft a regional model ordinance to deal with the negative impacts environmental impacts that are caused by single-use plastic bags. Staff has been working with the Palm Desert Citizens' Sustainability Committee, the Palm Springs Sustainability Commission, and CVAG to draft the proposed model ordinance that was approved by the CVAG Executive Committee on February 24, 2014. If approved, the proposed ordinance will reduce the number of single-use plastic bags used in the City by prohibiting "stores" from providing single-use plastic bags to customers. Businesses will have to transition away from providing free single-use plastic bags to providing reusable bags or recycled paper bags for a fee. Reusable bags Staff Report Single-Use Plastic Bag Ordinance Page 2 of 6 April 10, 2014 are typically a one-time purchase by a customer, and those bags are reused at any store. If a customer does not bring a reusable bag, then a recycled paper bag can be purchased for ten cents ($.10) per bag. The ten cents ($.10) charge will go to the store to offset the costs of providing the recycled paper bag, and will encourage the use of reusable bags. Staff believes that the ultimate goal is to reduce waste and bag litter in the City of Palm Desert by encouraging reusable bags. If approved, single-use plastic bags will no longer be provided by larger stores on April 1, 2015, and smaller stores on October 1, 2015. Staff is recommending a 2015 operation date to provide time for the City to conduct an education program that will begin in the fall of 2014. Committee Recommendation The Citizens' Sustainability Committee worked with the Palm Springs Sustainability Commission and CVAG to establish this model ordinance. The Citizens' Sustainability Committee has recommended approval of the proposed ordinance. Backqround Plastic bags were first introduced in the early 1970s, and by the mid-1980s they became the common way to carry daily groceries. On average, each person uses a single-use plastic bag for approximately 12 minutes and uses approximately 500 plastic bags per year. Based on our current population, about twenty-two million (22,000,000) single-use carryout plastic bags are distributed by retail establishments in the City of Palm Desert each year. Currently, only five percent of those bags are being recycled. Single-use plastic bags have an adverse impact on animal life and the aesthetic quality of the desert. Studies on the environmental effects of marine debris reveal ingestion, entanglement, ecosystem alteration, and invasive species movement. Economic impacts stemming from the bags adversely affect tourism, fishing navigation, and human health and safety. Throughout California, over one hundred (100) communities, including Carmel, South Lake Tahoe, Los Angeles County, Huntington Beach, Culver City, San Jose, Glendale, Pasadena, Davis and San Francisco have enacted ordinances that will phase out single-use plastic bags from retail establishments. Since 2011, City staff, committee members, and City Council members have discussed the possibility of reducing single- use plastic bags provided to customers at retail establishments in Palm Desert. Staff was directed to work with CVAG to create a regional model ordinance that could be adopted by every Coachella Valley city. Over the past year, the Citizens' Sustainability Committee, Palm Springs Sustainability Commission, and staff have been working with CVAG to prepare a model ordinance. On February 13, 2014, the Energy and Environmental Resources Committee for CVAG approved the model ordinance. On February 24, 2014, the Executive Committee for CVAG approved the model ordinance that reduces single-use plastic bags for retail G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and CEQA\CCSR_Plastic Bag Reduction Ordinance.docx Staff Report Single-Use Plastic Bag Ordinance Page 3 of 6 April 10, 2014 establishments. The City of Desert Hot Springs, Palm Springs and Indio have approved the model ordinance. It is important to note that as of writing this report, there is current State of California legislation (SB 270) that has been drafted and assigned to the State's Natural Resource Committee. Although specific timing or success of SB 270 cannot be predicted, both staff and the Citizens' Sustainability Committee are recommending the City of Palm Desert approve the model ordinance prepared by CVAG. Proposed Ordinance The draft ordinance is a proposed citywide regulation to reduce single-use plastic bags that are harmful to the environment. If approved, the new ordinance will be apply to store types one (1) and two (2) below on April 1, 2015 and store types three (3) and four (4) below on October 1, 2015: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or (4) A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). (5) Store does not include Public Eating Establishments or Nonprofit Charitable Re- users. If approved, the proposed ordinance will: • Prohibit the use of single-use plastic bags in all stores that sells dry groceries, canned goods, perishable items, nonfood or nonperishable items that include, but not limited to, clothing and personal items. G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and CEQA\CCSR_Plastic Bag Reduction Ordinance.docx Staff Report Single-Use Plastic Bag Ordinance Page 4 of 6 April 10, 2014 • Prohibits the use of single-use plastic bags in all drug stores, pharmacies, supermarkets, grocery stores, convenience food stores, foodmarts, or any entity engaged in the retail sa�e of limited goods that includes milk, bread, soda, snack foods, and alcohol. • Allows the use of produce or product bags that are offered for meat, produce, and any product that needs to be kept separate from other groceries. • Require a store to make reusable bags as a bag option and a recyclable paper bag made of recycled content for purchase for a minimum of ten cents ($0.10). • Require stores to keep records, including receipts for purchasing reusable bags, quantity of reusable paper bags utilized, and monies collected for providing reusable paper bags. Records to be available to the City to review at any time and may be kept at the retailer's corporate office. Analvsis Staff has been working with the Palm Desert Citizens' Sustainability Committee and CVAG since 2011 to prepare a model ordinance to reduce single-use plastic bags within the Coachella Valley. Considerable work has been done to prepare the model ordinance. According to the CVAG staff report, dated February 13, 2014, the Solid Waste and Recycling Technical Working Group (TWG) considered a variety of issues in their review of the draft ordinance. They reviewed an October 2013 study, Plastic Bag Bans: Analysis of Economic and Environmental Impacts that was completed by Equinox Center for the City of San Diego. Some of the findings of this study related to economic impacts include: • Local economies, comprised of affected retailers and their customers, are not negatively impacted in the long-term. • San Jose and San Francisco have reported "no sustained negative impact to retailers." • Estimated cost of $7.70 per household in the first year of the ordinance to purchase reusable bags and fees for paper bag use. These reoccurring costs should decrease over time due to long lifespan of reusable bags. According to this study, the economic costs to retailers and customers are very minimal. However, these "free" single-use plastic bags that are currently given away by retailers carry a cost to local jurisdictions. As an example, the City of San Diego spends approximately $160,000 per year cleaning up plastic bag litter. According to the CVAG staff report, the Natural Resource Defense Council has estimated that cities spend approximately $11 per resident to clean up plastic bag litter which ends up in our environment. The cost of cleaning up these "free" single-use plastic bags is ultimately passed on to customers in the form of higher prices and taxes to pay for the cost of G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\SustainabilitylPlastic Bags\Regional Ordinance and CEQA\CCSR_Plastic Bag Reduction Ordinance.docx Staff Report Single-Use Plastic Bag Ordinance Page 5 of 6 April 10, 2014 environmental cleanup. Switching to recycled paper bags is not a "cure all," since these bags also require the use of natural resources and end up either in landfills or litter the environment. Staff believes the ultimate goal for sustainability is to promote waste reduction through the use of reusable bags that can be used over a long period of time. Many other jurisdictions have taken this approach as well, and to achieve this goal, the ordinance imposes a ten cents ($.10) charge for the use of recycled paper bags. The money collected is not a tax paid to the City. It is retained by the store to offset any additional costs to purchase the reusable and recyclable paper bags. The City of San Francisco was the first city in California to adopt an ordinance that reduced single-use plastic bags. The original ordinance did not impose the ten ($.10) charge for the use of recycled paper bags. This resulted in the majority of people switching from single-use plastic bags to paper bags since they were free. The almost one-to-one switch from plastic bags to paper bags increased the annual costs to grocery stores approximately $400,000, and it did not reduce the overall waste being produced by customers. When the ten cents ($.10) charge for the paper bags was introduced, approximately 94 percent of the customers using the free paper bags switched to reusable bags. As indicated in the economic study above, the estimated cost per household is $7.70 the first year. Staff believes that this cost has no impact to our residents or visitors, and that the ten cents ($.10) charge for recycled paper bags is crucial for reducing the use of natural resources and reducing waste that ends up in landfills or litters the environment. Staff is recommending that the ordinance be approved in April with an effective date of October 1, 2014, with a six-month operational date for larger stores and a one- year operational date for smaller stores. This longer time will allow stores to transition from providing single-use plastic bags to providing reusable bags and/or recycled paper bags. In addition, the longer time will allow staff to continue to work on and promote reusable bags as part of the education program approved by the City Council. Due to fewer residents during the summer months, staff is preparing the free ChicoBag giveaway and educational events starting September 1, 2014. Fiscal Analvsis Adoption of this regional ordinance has no fiscal impacts to the City of Palm Desert's General Fund. There are some association costs to the customers that were described in the staff report. The ordinance establishes a ten cents ($.10) charge that is collected and retained by the retail establishments identified as "stores" to offset the costs of not providing single-use plastic bags to customers. This cost is approximately $7.70 per household in the first year of when the ordinance takes effect. This reoccurring cost should decrease over time due to long lifespan of reusable bags. The local economy is not impacted by this ordinance based on the study completed by Equinox Center for the City of San Diego. G:1Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and CEQAICCSR_Plastic Bag Reduction Ordinance.docx Staff Report Single-Use Plastic Bag Ordinance Page 6 of 6 April 10, 2014 CEQA In conformance with CEQA Guidelines Section 15074 and City Guidelines to implement CEQA, the City finds, on the basis of the whole record before it (including the initial study and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. Submitted By: Tony Bagato, Principal Planner Department Head: Q � �' �� Lauri Aylaian, Dir. of Community Development Appro�a�-�, � 7 'l �� C�-C✓-� ��, John Wohlmuth, City Manager � G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic BagslRegional Ordinance and CEQAICCSR_Plastic Bag Reduction Ordinance.docx RESOLUTION NO. 2014- 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN INITIAL STUDY AND A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT WAS PREPARED FOR THE ADOPTION OF AN ORDINANCE THAT WILL REDUCE SINGLE-USE PLASTIC BAGS WITHIN THE CITY OF PALM DESERT. WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), the City is the lead agency for the proposed Project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 2013-16, and City staff reviewed the Project and prepared an Initial Study pursuant to CEQA; and WHEREAS, on the basis of the Initial Study, which concluded that the Project will not have significant impacts on the environment, the City determined that a Negative Declaration ("ND") should be prepared for the Project, and a ND was prepared pursuant to CEQA and the State CEQA Guidelines; and WHEREAS, the City distributed a Notice to Intent to Adopt a Negative Declaration on March 22, 2014; and WHEREAS, the City Council has reviewed the ND, Initial Study, and all other relevant information contained in the record regarding the Project; and WHEREAS, the City provided copies of the draft ND and Initial Study to the public for a twenty-day (20) review and comment period beginning on March 22, 2014 and ending on April 10, 2014 pursuant to Public Resources Code section 21091(b); and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, the City Council has reviewed the ND, Initial Study, and all other relevant information contained in the record regarding the proposed Ordinance WHEREAS, at public hearing held on this day of , 2014, the City Council heard and considered all testimony and arguments of all interested persons; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the approval of said request: RESOLUTION NO. 2014- 2s CEQA FINDING In conformance with CEQA Guidelines Section 15074 and City Guidelines to implement CEQA, the City finds, on the basis of the whole record before it (including the initial study and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Compliance with the California Environmental Quality Act. As the decision-making body for the Project, the City Council has reviewed and considered the information contained in the Negative Declaration (ND), Initial Study, and whole administrative record, on file with the City and available for review at City Hall, 73510 Fred Waring Drive, Palm Desert, California. The City Council finds that the ND and Initial Study have been completed in compliance with CEQA, the State CEQA Guidelines and the City Rules to Implement CEQA. SECTION 2. Findinqs on Environmental Impacts. In the City's role as the lead agency under CEQA, the City Council finds that the ND and Initial Study contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds that the documents have been completed in compliance with CEQA, the State CEQA Guidelines and the City Rules to Implement CEQA. The City further finds that the Project will not result in any significant environmental impacts. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that the Project may result in significant environmental impacts, and that any comments received regarding the Project have been examined and determined to not modify the conclusions of the ND or the City Council. The City Council finds that the ND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project. SECTION 3. Adoption of Neqative Declaration. The City Council hereby approves and adopts the ND prepared for the Project. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Palm Desert, located at 73-510 Fred Waring Drive, Palm Desert, California. Rachelle Klassen, City Clerk, is the custodian of the record of proceedings. SECTION 5. Notice of Determination. Staff is directed to file a Notice of Determination with the County of Riverside within five (5) working days of approval of the Project. 2 RESOLUTION NO. 2014- 28 SECTION 6. Findinqs. That the above recitations are true and correct and constitute the findings of the City Council in this case. SECTION 7. Approval. That the City Council does hereby approve a Negative Declaration for CEQA Purposes, attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this day of 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAI N: VAN G. TANNER, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 3 RESOLUTION NO. 2014-�� EXHIBIT "A" NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. CASE NOS: Ordinance No. APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Adoption of a citywide ordinance to reduce single-use plastic bags that is harmful to the environment. The draft ordinance has been approved by the Coachella Valley Association of Governments (CVAG) and the Palm Desert Citizens' Sustainability Committee. The ordinance will apply to the following "store" types: 1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; 2. A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or 3. A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or 4. A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). 5. Store does not include Public Eating Establishments or Nonprofit Charitable Re- users. The ordinance will require these stores to provide reusable bags or recycled paper bags for purchase. The ordinance does not prohibit customers from using bags of any type 4 RESOLUTION NO. 2014-1� that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. As an exemption, a store may provide a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable Bags at no cost. LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5 ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING CHAPTER 5.12 RELATING TO SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED PAPER BAGS, BY RETAIL ESTABLISHMENTS. WHEREAS, about nineteen billion (19,000,000,000) single-use bags are used annually in California but less than 5% are recycled; and WHEREAS, about twenty-two million (22,000,000) single-use carryout plastic bags are distributed by retail establishments in the City each year; and WHEREAS, most of these single-use carryout bags are made from plastic or other material that does not readily decompose; and WHEREAS, numerous studies have documented the prevalence of single-use carryout plastic bags littering the environment and blocking storm drains; in the Coachella Valley, single use plastic bags create a litter problem which is aggravated by windy conditions here; and WHEREAS, the City taxpayers must bear the brunt of clean up costs; and WHEREAS, the City Council of the City of Palm Desert is the decision-making body for the approval and adoption of this Ordinance; and WHEREAS, this ordinance requires stores that decide to make recycled paper carryout bags available to their customers to pass-through the reasonable cost of providing these bags; WHEREAS, based on this analysis, the City has determined that a minimum cost pass-through of $0.10 per paper bag would cover the reasonable cost to a store of providing the paper bags to its customers; and WHEREAS, over 90 jurisdictions in California have approved ordinances that impose paper bag fees on the customers requesting these bags and these fees have proven very effective at generating a major shift in consumer behavior toward the use of reusable bags and significantly reducing bag consumption; and WHEREAS, the proceeds from the collection of the paper bag pass-through would be retained by the retailer and this ordinance does not specify how the retailers must expend the monies collected; and WHEREAS, customers can avoid this cost pass-through by using reusable bags; and WHEREAS, no portion of the cost pass-through will be provided to the City and consequently, the City will not receive any revenues from the retailers' collection of the paper bag cost pass-through; and WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition 26; and WHEREAS, a paper bag cost pass-through is an essential element of the proposed ordinance as it is intended to provide a disincentive to customers to request paper bags when shopping at regulated stores and to promote a shift towards the use of reusable bags by City of Palm Desert consumers; and WHEREAS, the California Grocers Association, a non-profit trade association representing over 500 retail member companies, in an October 24, 2013 letter to the CVAG Executive Committee, has encouraged CVAG and its member jurisdictions to commit to a regional effort and move forward with an approach to regulate single use plastic bags that includes placing a charge on recyclable paper bags; and WHEREAS, there are several alternatives to Single-Use Carryout Plastic Bags readily available in the City, including reusable bags produced from sustainable materials; and WHEREAS, an important goal of the City's Sustainability Plan is to procure and use sustainable products and services; and WHEREAS, it is the City's desire to lead by example and whenever possible to conserve resources, reduce the amount of greenhouse gas emissions and solid waste, and to protect the public health and welfare including local wildlife, all of which increase the quality of life for City of Palm Desert residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTION OF THE PALM DESERT MUNICIPAL CODE IS HEREBY AMENDED, AS SHOWN IN EXHIBIT A: SECTION 1. Chapter 5 of the Palm Desert Municipal Code is hereby amended by adding a new Section 5.12 to be numbered and entitled and to read as shown in Exhibit A, attached: SECTION 2. This ordinance shall become effective on October 1St, 2014. The ordinance provides a 6 month to 12 month operative date for compliance after the October 1 St, 2014 effective date. SECTION 3. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, evaluated the potential environmental impacts of the project under CEQA. Through the preparation of an 2 Initial Study, the City has determined that the proposed project COULD NOT have a significant effect on the environment, and a Negative Declaration has been prepared. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Desert Guidelines for the Implementation of CEQA. SECTION 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to provide at City Hall and to publish a notice of this ordinance with the attached Exhibit A in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California. This ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3 EXHIBIT A CHAPTER 5.12 USE OF SINGLE-USE CARRYOUT PLASTIC BAGS SECTIONS: 5.12 5.12.010 Findings and Purpose 5.12.020 Definitions 5.12.030 Single-Use Carryout Plastic Bags Prohibited 5.12.040 Permitted Bags 5.12.050 Carryout Bag Regulations 5.12.060 Exempt Customers 5.12.070 Operative Date 5.12.080 Penalties and Enforcement 5.12.090 Severability 5.12.010 Findings and Purpose A. The City Council of the City of Palm Desert finds and determines that the City is committed to protecting the public health, safety, welfare, and environment, and that in order to meet these goals, it is necessary for the City to promote the public purposes served by this Chapter and adopt the following regulations pursuant to these findings. B. The City finds that ordinances limiting the use of Single-use Carryout Plastic Bags have been proven to reduce the amount of pollution and improve quality of life for the citizens of Palm Desert. C. The City finds that, except in unusual circumstances, it is feasible and reasonable for parties who provide Single-use Carryout Plastic Bags to easily transition to paper bags and move to a model that charges for paper bag use by consumers. D. The City of Palm Desert recognizes that plastic bags are a public nuisance and affect public health and impact tourism and quality of life to both residents and visitors in Palm Desert. 5.12.020 Definitions A. "Customer" means any Person obtaining goods from a Store. B. "Food Bank" (Consider adding definition for food bank that clarifies that it is not a store). 4 C. "Nonprofit Charitable Reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. D. "Operator" means the person in control of, or having the responsibility for, the operation of a Store, which may include, but not be limited to, the owner of the Store. E. "Paper Bag Cost Pass-Through" means the cost which must be collected by retailers from their customers when providing a Recycled Paper Bag. F. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. G. "Pharmacy" means any retail store, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital. H. "Prepared Food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. I. "Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. J. "Public Eating Establishments" means a restaurant, take-out food establishment, or any other business that receives ninety percent (90°/a) or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. K. "Recycled Paper Bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content. The Recycled Paper Bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material 5 (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004. L. "Reusable Bag" means either a bag made of cloth or other machine washable fabric that has a handle, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A reusable bag must not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags. M. "Single-Use Carryout Plastic Bag" means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-Use Carryout Plastic Bags do not include bags without handles provided to the Customer (1) to transport produce, bulk food, or meat from a produce, bulk food, or meat department within a Store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Bag. N. "Store" means any of the following retail establishments located within the City limits of the City of Palm Desert. (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or (4) A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). 6 (5) Store does not include Public Eating Establishments or Nonprofit Charitable Reusers. 5.12.030 Single-Use Carryout Plastic Bags Prohibited A. No Store shall provide to any customer a Single-Use Carryout Plastic Bag. B. This prohibition applies to bags provided for the purpose of carrying away goods and does not apply to produce bags or product bags. 5.12.040 Permitted Bags All Stores shall only provide, or make available to, a customer Reusable Bag or a Recycled Paper Bag for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the Store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the Store. 5.12.050 Carryout Bag Regulations A. No Store, to include grocery store or pharmacy, shall provide a Single-Use Carryout Plastic Bag to a customer, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. B. No person shall distribute a Single-Use Carryout Plastic Bag at any City facility, City-managed concession, City-sponsored event, or City-permitted event unless otherwise provided in this Section. C. Single-use Carryout Plastic Bags may be distributed to customers by food providers for the purpose of safeguarding health and safety during the transportation of prepared take-out foods and liquids intended for consumption away from the food provider's premises. D. A Store shall make Recycled Paper Bags available to Customers for a minimum charge of ten cents ($.10) per bag. The sale of each bag shall be separately itemized on the sale receipt. E. All Stores must keep records of the total number of Recycled Paper Bags provided; the total amount of monies collected for providing Recycled Paper Bags, and a summary of any efforts a Store has undertaken to promote the use of reusable bags by customers in the prior calendar year. Such records must be made available for the City Manager or his/her designee, to review at any time. These records may be kept at the retailer's corporate office. 7 5.12.060 Exemptions A Store may provide a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code; and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable Bags at no cost. 5.12.070 Operative Date This Chapter shall become operative six (6) months after its effective date for Stores defined in Subsections N(1) and N(2) of the Definitions Section. This Chapter shall become operative twelve (12) months after its effective date for Stores defined in Subsections N(3) and N(4) of the Definitions Section. 5.12.080 Penalties and Enforcement A. The City Manager, or his/her designee, has primary responsibility for enforcement of this Chapter. The City Manager, or his/her designee, is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce this Chapter. B. If the City Manager, or his/her designee, determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a Store that a violation has occurred and the potential penalties that will apply for future violations. C. Any Store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. D. All administrative civil fines shall be established and set forth by resolution of the City Council. Established fines may be modified as appropriate by City resolution. E. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 5.12.090 Severability The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining 8 provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. 9 CITY OF PALM DESERT LEGAL NOTICE NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION AND THE ADOPTION OF A CITYWIDE ORDINANCE TO REDUCE SINGLE-USE PLASTIC BAGS THAT IS HARMFUL TO THE ENVIRONMENT. THE DRAFT ORDINANCE HAS BEEN APPROVED BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND THE PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEE. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, evaluated the potential environmental impacts of the project under CEQA. Through the preparation of an Initial Study, the City has determined that the proposed project COULD NOT have a significant effect on the environment, and a Negative Declaration has been prepared. The Initial Study meets the requirements of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Desert Guidelines for the Implementation of CEQA. This notice constitutes a Notice of Intent (NOI) to adopt the aforementioned Negative Declaration. Project Location/ Description: Proiect Location: Citywide Proiect Description: Adoption of a citywide ordinance to reduce single-use plastic bags that is harmful to the environment. The draft ordinance has been approved by the Coachella Valley Association of Governments (CVAG) and the Palm Desert Citizens' Sustainability Committee. The ordinance will apply to the following "store" types: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; (2) A store of at least 10,000 square feet of retail space that sells any perishable or non- perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or (4) A store of less than 10,000 square feet of retail space that sells any perishable or non- perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). (5) Store does not include Public Eating Establishments or Nonprofit Charitable Re-users. The ordinance will require these stores to provide reusable bags or recycled paper bags for purchase. The ordinance does not prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. As an exemption, a store may provide a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable Bags at no cost. Recommendation: Staff is recommending approval of the Negative Declaration and proposed ordinance to reduce single-use plastic bags. The ordinance has received a recommendation of approval from the Palm Desert Citizens' Sustainability Committee and the Coachella Valley Association of Governments. Public Hearing: The public hearing before the City Council on April 10, 2014 at 4:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from March 22, 2014 to April 10, 2014. Public Review: The Initial Study and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Tony Bagato, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 tbagato@gmail.com PUBLISH: DESERT SUN RACHELLE KLASSEN, CITY CLERK LEGAL NOTICE PALM DESERT, CALIFORNIA 2 �► -.: �/'�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM �; ` �,,�� City of Palm Desert Department of Community Development Planning CEQA Environmental Checklist & Environmental Assessment: � Project title: Ordinance amendment to limit single-use plastic bags within the City of Palm Desert Lead agency name and address: City of Palm Desert 2. 73-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: City of Palm Desert: 3. Tony Bagato; Principal Planner (760) 346-0611 4• Project location: Citywide Project sponsor's name and address: City of Palm Desert 5. 73-510 Fred Waring Drive Palm Desert, CA 92260 6� General Plan Designation: Citywide 7• Zoning: Citywide Description of project: Adoption of a citywide ordinance to reduce single-use plastic bags that is harmful to the environment. The draft ordinance has been approved by the Coachella Valley Association of Governments (CVAG) and the Palm Desert Citizens' Sustainability Committee. The ordinance will apply to the following "store" types: (1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; $' (2) A store of at least 10,000 square feet of retail space that sells any perishable or non- perishable goods including, but not limited to clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code); or (3) A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or Initial Study Form Page 1 of 23 FORM"J" �� /�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ,� ��iv � �;' � .,,�'°r �� City of Palm Desert �-w Department of Community Development Planning (4) A store of less than 10,000 square feet of retail space that selis any perishable or non- perishable goods including, but not limited to, clothing, food, or personal items, and generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). (5) Store does not include Public Eating Establishments or Nonprofit Charitable Re-users. The ordinance will require these stores to provide reusable bags or recycled paper bags for purchase. The ordinance does not prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. As an exemption, a store may provide a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable Bags at no cost. Environmental setting: The City of Palm Desert corporate limits encompass about 25 square miles. The City is situated across a variety of geographic and geologic conditions, including a mid-valley alluvial g plain and limited mountain foothills, as well as the sandy desert floor. The Santa Rosa Mountains bound the City on the south. The alluvial deposits formed by drainage from these mountains for the alluvial fans and plains on which portions of the City has developed. The City is a geographically and biologically important location, where significantly differing wildlife habitat, landscape and geology meet. 10. Other public agencies: None Purpose of this Initial Study: This Initial Study has been prepared in conformance with Section 15063 and other applicable sections of the CEQA Guidelines, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Negative Declaration. Initial Study Form Page 2 of 23 FORM"J" r�-=� ��/�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ;�� ' � City of Palm Desert '' Department of Community Development Planning Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Hydrology/Water Quality Land Use/Planning Materials Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance Determination: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to b the ro'ect ro onent. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. I find that the proposed project MAY have a "potentially significant impacY' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are im osed u on the ro osed ro'ect, nothin further is re uired. � 3 2Z i Signature Date Tony Bagato, Principal Planner Communit Develo ment/ Cit of Palm Desert Initial Study Form Page 3 of 23 FORM"J" ..�-- ---�,.. � � r�'�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � '��€�� City of Palm Desert � Department of Community Development Planning Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant ImpacY' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level 5) Earlier analyses may be used where, pursuant to the tiring, program EIR or EIS, or other CEQA or NEPA process, an effect has been adequately analyzed in an earlier EIR or EIS or negative declaration or FONSI. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Initial Study Form Page 4 of 23 FORM"J" � ,,�-- �---�. ��g ��`'� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��,.1..,�,E 3 .�-. � � City of Palm Desert Department of Community Development Planning 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS a) Have a substantial adverse effect on a X scenic vista? b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a X state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its X surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or X nighttime views in the area? Findings of Fact: The proposed ordinance will reduce single-use plastic bags being used within the City of Palm Desert. This ordinance will reduce the existing and future impacts of plastic bag litter. This litter has been found on land and within the desert landscaping, which has a significant negative aesthetic impact. By proposing an ordinance that would reduce the single-use plastic bags, it is anticipated that less plastic bag litter would be generated in the City and therefore the project would not create additional aesthetic impacts. Mitigation Measures: Initial Study Form Page 5 of 23 FORM"J" �� ,��&b� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��"' City of Palm Desert Department of Community Development Planning None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared X pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agri-cultural X use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or X nature, could result in conversion of Farmland, to non-agricultural use? Findings of Fact: The proposed ordinance will reduce the number of single-use plastic bags used within the City of Palm Desert. No construction or land use changes are impacted by this proposed ordinance and there will be no impact on agricultural resources. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Initial Study Form Page 6 of 23 FORM"J" .,�..°; ;---r., ��}�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � �.s � .,� = City of Palm Desert Department of Community Development Planning Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: a) Conflict with or obstruct implement-ation X of the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality X standard (including re-leasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial X pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? Findings of Fact: The proposed ordinance will reduce the number of single-use plastic bags used within the City of Palm Desert. Staff anticipates that there may be an initial increase in the use of recycled paper bags at the checkout stands of the stores impacted by this ordinance. Currently, there are delivery vehicles that transport bags to the stores that within Palm Desert. Any impact to air emissions would come from these delivery trucks, and it is anticipated that the delivery schedule and number of deliveries made to these stores will not increase as a result of the proposed ordinance. There are no impacts to air quality based as a result of the proposed ordinance. Mitigation Measures: None required. Initial Study Form Page 7 of 23 FORM"J" T� ,I�'�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM �� City of Palm Desert Department of Community Development Planning Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California X Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federal�y protected wetlands as defined by Section 404 of the Clean Water Act(including, X but not limited to, marsh, vernal pool, coastal, etc.)through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or ordinance? Initial Study Form Page 8 of 23 FORM"J" � �/'� �� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM °� � �� City of Paim Desert Department of Community Development Planning f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Pian, or other X approved local, regional, or state habitat conservation plan? Findings of Fact: According to a report published at www.calrecvcle.ca.qov, one person uses an average of 500 plastic bags per year. Based on a population of approximately 44,000 people, it is estimated that about twenty- two million (22,000,000) single-use carryout plastic bags are distributed by retail establishments in the City of Palm Desert each year. These plastic bags have a negative impact on the environment. The proposed ordinance will reduce the number of single-use plastic bags distributed in the City, which will reduce the negative impact these bags have on the environment. The proposed ordinance will benefit the biological resources in the City, and will not have a negative impact on biological resources. Mitigation Measures: None required. Mitigation Monitoring and Report: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES: a) Cause a substantial adverse change in the significance of a historical resource as X defined in 15064.5? b)Cause a substantiat adverse change in the significance of an archaeological resource X pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? Initial Study Form Page 9 of 23 FORM"J" ��°��'h� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��.ti City of Palm Desert �. Department of Community Development Planning d) Disturb any human remains, including X those interred outside of formal cemeteries? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact the cultural resources since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS: a) Expose people or structures to poten-tial substantial adverse effects, including the X risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map X issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the X loss of to soil? Initial Study Form Page 10 of 23 FORM"J" ,�.r---�---.� �°�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM �`� City of Palm Desert Department of Community Development Planning c) Result in substantial siltation X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building X Code, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact geology and soils since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS: a) Create a significant hazard to the public or the environment through the routine transport, use, or X disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable X upset and accident conditions involving the release of hazardous materials into the Initial Study Form Page 11 of 23 FORM"J" *� ��_�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � City of Palm Desert Department of Community Development Planning environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or X proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a X result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project result in a safety hazard for people residing or working in the area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard X for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response or X evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to X urbanized areas or where residences are intermixed with wildlands? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not create hazardous impacts or generate hazardous material since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: Initial Study Form Page 12 of 23 FORM"J" ,r�-�--�;.. 3/''��`'� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � �� City of Palm Desert Department of Community Development Planning None re uired. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY: a)Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or X river, in a manner resulting in substantial erosion/siltation on-or off-site? d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or X river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundar or Flood Insurance Rate Initial Study Form Page 13 of 23 FORM"J" � �� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��'`� � City of Palm Desert Department of Community Development Planning Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures, which would impede or redirect X flood flows? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact hydrology and water since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING: a) Physicalty divide an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community X conservation plan? Findings of Fact: Initial Study Form Page 14 of 23 FORM"J" � ;--�:. '�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � �°` ° City of Palm Desert � Department of Community Development Planning The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact land use and planning since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES: a) Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery X site delineated on a local general plan, specific plan or other land use plan? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact any mineral resources since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Initial Study Form Page 15 of 23 FORM"J" � /��+�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM , ��"`� City of Palm Desert Department of Community Development Planning Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE: a) Exposure of persons to or generation of noise levels in excess of standards X established in the local general plan or noise ordinance, or applicable standards of other a encies? b) Exposure of persons to or generation of excessive groundborne vibration or X groundborne noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity X above levels existing without the project? d)A substantial temporary or periodic increase in ambient noise levels in the X project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two mi�es of a public airport X or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people X residing or working in the project area to excessive noise levels? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact noise since it does not involve any construction of land or land use changes. Initial Study Form Page 16 of 23 FORM"J" ,�-- ---�., � ` 'r�� '�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��.;� ,,,� City of Palm Desert ��`' Department of Community Development Planning Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING: a) Induce substantial population growth in an area, either directly(for example, by proposing new homes and businesses)or X indirectly(for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of X replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of X replacement housing elsewhere? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact population and housing since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Initial Study Form Page 17 of 23 FORM"J" r ---�.. /�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��'�� City of Palm Desert - Department of Community Development Planning Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES: a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the X construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perform-ance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact public services since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: Initial Study Form Page 18 of 23 FORM"J" .--•a�^—=.. � � �� °�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM �� City of Palm Desert Department of Community Development Planning None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION: a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreationat facilities or require the construction or expansion of recreational facilities, which X might have an adverse physical effect on the environment? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact recreation since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC: X Initial Study Form Page 19 of 23 FORM"J" •��!�� . � `"°y INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM ��_.�. � City of Palm Desert � - Department of Community Development Planning a)Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the X county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or X a change in location that result in substantial safety risks? d)Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections)or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not change the current deliveries of checkout bags in the City. Currently, checkout bags, whether plastic, recycled paper, or reusable is shipped by distributors via delivery trucks. The ordinance to limit single- use plastic bags will not impact transportation and traffic. Mitigation Measures: None required. Mitigation Monitoring and Reporting: Initial Study Form Page 20 of 23 FORM"J" � �/'�� e�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM a�.,s �4 .� City of Palm Desert ��°�- Department of Community Development Planning None required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS: a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or X expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements X and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate X capacity to serve the projecYs projected demand in addition to the provider's existing comm itments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X projecYs solid waste disposal needs? X Initial Study Form Page 21 of 23 FORM"J" .s--�,-�.; � ��`'�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � ��` � City of Palm Desert � Department of Community Development Planning g) Comply with federal, state, & local solid waste statutes and regulations? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert would not impact utilities and services since it does not involve any construction of land or land use changes. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Potentially Less Than �ess Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potentiaf to achieve short-term, to the disadvantage of X long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider-able" X means that the incremental effects of a project are considerable when viewed in connection with the effects of ast ro'ects, Initial Study Form Page 22 of 23 FORM"J" e—: ;--.. �'�� INITIAL STUDY / ENVIRONMENTAL CHECKLIST FORM � `��'�'�� City of Palm Desert � Department of Community Development Planning the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or X indirectly? Findings of Fact: The proposed ordinance to reduce the single-use plastic bags in the City of Palm Desert will not result in any construction or land use changes. The project will not create any significant impacts to the City, and therefore will not degrade the existing environmental quality for wildlife, plants or humans. The proposed ordinance, if approved, will reduce plastic bag litter that is a negative impact on the environment. The ordinance will improve the existing environmental quality for wildlife and humans. Mitigation Measures: None required. Mitigation Monitoring and Reporting: None required. Initial Study Form Page 23 of 23 FORM"J" Klassen, Rachelle From: Bagato, Tony Sent: Tuesday, April 01, 2014 12:41 PM To: Klassen, Rachelle Subject: FW: Notice for PD Plastic Bag Reduction Ordinance Rachelle, Here is an email from a small business owner in Palm Desert regarding the Plastic Bag Reduction Ordinance. Tony From: Barbara deBoom PD Area Chamber [mailto:barbaraCc�pdacc.org] Sent: Tuesday, April 01, 2014 12:05 PM To: Bagato, Tony Subject: FW: Notice for PD Plastic Bag Reduction Ordinance From: Robert Riddlemoser [mailto:robCa�offthegrid.com] Sent: Monday, March 31, 2014 4:44 PM To: Barbara deBoom Subject: Re: Notice for PD Plastic Bag Reduction Ordinance What else will government do to eliminate small business in this country. Our customers expect bags. We look to find the cheapest available. Pretty soon all of these regulations will force businesses to only offer online/web stores. Thanks, Robert Barbara deBoom I��'5,��.I�� tl . ?0]�� 4:��[t ��"��'�� D�.°ur IZ.obert, �� w�at�tecl to }��ss tha�; alo�� to }�c3u sc� r�ou are ��e��ll �cl��i�cc�. '1�h�.ir�lc �cnt. `�+ce I3elo�;�, Sincet��l�, 13:irb;:�r�<� 1'1),��(_'( Pt�csidcr�t ('f�() Oi�April 10'�',2014,city staPf is presenCing an ordinance to the City Council lhat will reciuce the use of single-use plastio bags within[he City.The ordinance prohibits cei�tain ret3il establisl��mer�ts fi�om providii�g plastic bags Co custon�ef•s."i'he ordinance will allo�v tbe requirc the retail establishment to provide a reusable bag or recycled paper bag for a fee.1'hat fee�vill�o to the retail establishment,and is noC a taa to the City.,4 retail establishment is defii�ed by: 1 �. A full-linc,self-service retail store with gross annu31 sales of two million dollars($2,000,000),or n�tore_ihat sells a line of di•y grocery, can�ed goods.or nonfood iten�s and sou�e perisl�i�ble items; �`. A store of at least 10,000 square �Feet of retail space that sells any pei•ishable or non-pet-ishable goods incJuding, but not limited to clothing, food, or personal ite�ns, and generates sales or use tax pursuant to tl�e�3radley-Bwns Uriiform Local Sales and Use T'ax Law (Part 1.�(commencing�vitli Section 7200)of Division 2 of the 12evenue and"Ca�ation Code);or �. A drug store, phannacy, supermarket, grocery store, conve��ieuce food stare, tbodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk.bread,soda,ancl snack foods, ii�cllidin�those stores with a'I'ype 20 or 21 license issued by the T)epartment of Alcoholic Beverage(�ontrol;or =�. A store of less than 10,000 square feet of retail space that sells any perishable or non-perishable goods includrng,but not limited to, clothing. food,or persoi��al items, and generates sales or use t��ix p��rsuant to the Bradley-Burns Uniform t.,ocal Srales and llse Ta� Law (Part l.�(comrnencing with Section 7200)of Division 2 of tl�e Reven�Ae and T'axation Code). :!. Store does not include Public�ating Establishments or Non��rotit Cl�a�7table Reusers. If anyone l�ai ai�y comme»ts or concerns about the ordinance,they a�l contact'Cony[3agato at(760)�46-0b1 l ext.�80.Any comnients to the City Coui�cil for the Aprii 10°i meeting are welcomed as well. 'I'on}�Bagato,Nrinc�pal Planner/Sustainabitity Cooi•dii�ator City of Palm Desert,Con�munity Development/Plamling 73-510 Fred Waring Driva,CA 92260 �vw�v.cityofpalmdesert.com (760)3�46-061 I ext 430 This email was sent on behalf of Palm Desert Area Chamber of Commerce by ChamberMaster,24400 Smiley RD Ste.4, Nisswa, MN 56468.To unsubscribe click here. If you have questions or comments concerning this email or ChamberMaster services in general, piease contact us by email at support chambermasier_com. ChamberMaster is a registered trademark of MicroNet Incorporated. 2 Klassen, Rachelle From: Bagato, Tony Sent: Tuesday, April 01, 2014 1:59 PM To: Klassen, Rachelle; Sanchez, Gloria Subject: FW: Notice for PD Plastic Bag Reduction Ordinance Rachelle, Here is an email in support of the Plastic Bag Reduction Ordinance from the Club Manager of Intra West at Desert Willow. Tony From: Barbara deBoom PD Area Chamber [mailto:barbaraCa�pdacc.org] Sent: Tuesday, April 01, 2014 12:09 PM To: Bagato, Tony Subject: FW: Notice for PD Plastic Bag Reduction Ordinance From: James Winchester (CI-PLM) [mailto:jwinchester@clubintrawest.com] Sent: Monday, March 31, 2014 4:00 PM To: Barbara deBoom Subject: RE: Notice for PD Plastic Bag Reduction Ordinance This is a great idea—our guests will appreciate this forward-looking ordinance. Thanks for sharing. James Winchester Club Manager& Regional Director, USA Club Intrawest - Paim Desert Team Member Since 1998 1 Willow Ridge 760.674.1377 (p) Palm Desert, CA, 92260 760.341.1336 (f) USA www,clubintrawest.com . �� .u r�•�t tv*rRa,w�5T� ,�,, "We help Members create the best vacations of their lives." From: Barbara deBoom [mailto;barbaraCa�pdacc.orq] Sent: Monday, March 31, 2014 4:00 PM To: James Winchester (CI-PLM) Subject: Notice for PD Plastic Bag Reduction Ordinance Dear James, we wanted to pass this along to you so you are well advised. Thank You. See Below Sincerely, i Barbara PDACC President CEO On April 10`�',2014,city staff is presenting an ordinance to the City C'ot�mcil[hat wi(1 reduce the use of single-use plastie bags within the City."fl�e ordinance prohibits certai�l retail establishments from�rovidiug plastic bags to cusT�mers.T'he ordina�lce will allow the require the retail establishment to provide a reusable hag or r•ecycled paper bag for a fee.'1'hat fee�vill go to the retail establisllment.and is not a tax ko the City.A rctail establishment is cleii��ed by: 1. A fiill-]ine, sell=se�vice retail store��uith gross annaal sales of two million dollars ($2,000.000), or more, that sells a line of dry grocery, canned goods,or nonfooci items and some perishable ikems; 2. A store of at least 10_U00 sq�i�re feet of retail space t'lial sells ariy perishable or noi�-perishable�o<"�ds including,but�iot lin�ited to clothing,food,or personal items,;�n�i generates sales or use tax pursuant to the Bradley-Burns Uniform I.,oca] Sales and Use Tax l.,aw(Part I.� (commencing with Scction 7200)of Division 2 of the Revenue aud'I'axaCion Code);or 3. A drug store,pharmacy,superroarket,};rocer}�store,conve�lience f'ooc9 store,f'oodmart,or oCher�ntity eng�g�d in the retail sale of a limited li��e o{ goods tl�at includes�nilk,bread,soda.and snack fi�ods, including those stores with a Type 20 or 2l license issued l�v the Department of nlcoholic E3everage Control;or 4. A store o{� less than 10,000 squat•e feet of retail space that sells ai�y perishable or no�l-perishable goods including, but not limited to, clothing. food,or personal items,and generaLes sales or use Cax plusuant to ti�ie Br�dley-F3urns Unif'orm L,ocal Sales and Use T'�x l.,aw(I'art 1 S(coimnencing with Section 7200)of Division 2 of the Reveuue and'I�axation Code). S. Store does not inclucl�1'ublic Eating Establishments or Nonprofit Char-it�t�le Reusers. lf anyone has any comments or coi�cerns about the ordinance,they can contact'Tony Bagato at(760)346-0611 ext.480.Any commeuts to the CiCy Council for tl�e April 10"'meeting are welcomed as well. Tony Bag�ito,Principal Planner/Sustainability Coordinator C'ity of Palm Desert,Commtmity°Developmcnt/Planning 73-510 P'red Warii�g Drive,CA 92260 www.cityofpal mdesert.com (760)3�6-061 1 ext 480 This emaii was sent on behalf of Palm Desert Area Chamber of Commerce by ChamberMaster, 24400 Smiley RD Ste 4, Nisswa, MN 56468.Ta unsubscribe click here If you have questions or comments concerning this email or ChamberMaster services in general, please contact us by email at su port@chambermasteccom. ChamberMaster is a registered trademark of MicroNet Incorporated. 2 RECEIY�D E� �� CiT�r ct�Rtc�s a�Fie� p��rt �� . ca � �C.,1 r✓� QQ�eS�- : �6i3 DEC I 2 Ph i� 50 �; � 3 � `� l t� ��e d W�r�Yt.� �c�ve,,, � �G(''i'1 �2-S-�-E-- ;� � �.c-�� 1 z�-b � ; . _ ;�' �� , . y � a_ � �Z� �� ' � ; e � � �. ' (' � 1 (� �C�r� C/ }� C /� �C"; r�_ � � �,�Z 1 -� de ='� Y' C �� t�� ,��l ,e w� �- � �'v� G� t � � � � , � �� -� -� � �_�.�� o� �� .��, �� i � ��- � -� CC �G O�r � /(`l. l�/r�.��<` o c�� f ,� � � � � ��/ V�j��_ � �, � �� L" ' i '� " �� . // _ ( �' � C. �;y ` U � �I � '�l Y!�� l 1 �"� �Ur � y� �,` J �� y �/ � �a ` P�c (t� �°�;r�i- � a �� .S � �,,---�-r�-� j � �-e � �'/�C , �� , �!/�j f� (��i'dL-_ � /�; � � rl�=i y,�, , (".G�, ' . �'i' /? ;.._L"r / � ��'1 � r_ - , f� �.�.�.� �� S �.',, �, _�.. � � r,� h-, ,��. � r �� a ; � ' � � �"_ G� ,.�.� D � �� ,�� _ ��. s� , r-- � �� " _ - ,�" , a (�-� G�_ � �'�/ �/ .� �.� r` .�:� ;�;�� - �- -� �- � � �� ( � �-'% % t_�r �- � pl�:� �--�� 6�,� � . � , t_, �- �� _ �i�l r�-- �� l �� -- v�-� � , � ��, . ,� -{ ��; �� _� �J�� .7 � �> ��,,�f �': � r: t J _ -�� l f--`� � � �-�r d � ,� (-�i %%-, � �-�� o�� ; � i� � ��-,1- � , � , � � � � �� c� �� . �� r �� "� ��.5 � f�a r� f�c -� o�- y �� ::;,�- �� ° � �-�=� � � �'� �� ,� c � S' � ��y ; ' � c� r �.�.�� ; � .� ' CC1F7Y T_0 (�.Ez6�,��-,-�'�Cd�c.I�� f>`t N n �t,��,-� �� Dn i E �� ' (a -! 3 �._� ; , i } .:�.w�wm�x�•Mw+W..,:�... , '..._ . Staff Report Single-Use Plastic Bag Ordinance Page 6 of 6 April 10, 2014 CEQA In conformance with CEQA Guidelines Section 15074 and City Guidelines to implement CEQA, the City finds, on the basis of the whole record before it (including the initial study and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. Submitted By: CITYCOtJNCILA�"�'ION APPROVED � �•'��''� DE1ViED REC IVED TH,R �C� a7i�""�--�--, �;n - Tony Bagato, Principal Planner MEETING DATE a�-��'- �� AYES: �SC`)'!, f�ik�� Ll,�'ek.�'i', �/Cd�r��r NOES: �� Department Head: AIiSENT: ��'��- ABSTAIN:u F— � � — VF,RTFIED BY: n FG� Ori�inal on i+ile with Ci Clerk's Office Lauri Aylaian, Dir. of Community Development Approvaf�, � % ,�� `� � f John Wohlmuth, City Manager � G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and CEQA\CCSR_Plastic Bag Reduction Ordinance.docx