HomeMy WebLinkAboutORD 1660-2024 (24-909)City of South San Francisco
City Council
Ordinance: ORD 1660-2024
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File Number: 24-909 Enactment Number: ORD 1660-2024
ORDINANCE AMENDING CHAPTERS 8.72 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE TO
PROHIBIT THE RETAIL SALE OF POLYSTYRENE.
WHEREAS, on March 11, 2020, the City Council approved an ordinance adding Chapter 8.72 to
the South San Francisco Municipal Code Title 8 regulating the use of disposable food service ware by food
facilities; and
WHEREAS, Chapter 8.60 of the South San Francisco Municipal Code prohibits the use of certain
disposable food service ware, including the prohibition of food vendors from dispensing prepared food to
customers in disposable food service ware made from polystyrene; and
WHEREAS, all city facilities, city sponsored events, and city permitted events are also prohibited
from using disposable foodservice ware made from polystyrene. City franchises, contractors, and vendors
doing business with the city are prohibited from using polystyrene in city facilities or on city projects within
the city; and
WHEREAS, while city facilities and food vendors, including restaurants, are prohibited from
using polystyrene, the retail sale of polystyrene is allowed; and
WHEREAS, businesses within the City were notified of this upcoming ban on July 12, 2024 via
letter; and
WHEREAS, introduction and adoption of this ordinance is not subject to review under CEQA,
pursuant to the general exemption that CEQA only applies to projects which have the potential for causing a
significant effect on the environment, and where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject to
CEQA. (CEQA Guidelines, § 15061(b)(3)). A "significant effect on the environment" means a substantial, or
potentially substantial, adverse change in any of the physical conditions within the area affected by the
project. (CEQA Guidelines, § 15382).
NOW, THEREFORE, THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO DO
HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The People of South San Francisco find that the foregoing recitals are true and correct and are
incorporated into the Ordinance by this reference.
SECTION 2. Amendment of Chapter 8.72 of the South San Francisco Municipal
Code
City of South San Francisco
File Number: 24-909 Enactment Number: ORD 1660-2024
Section 8.72.020 of the South San Francisco Municipal Code is hereby amended to add subsection
0), to read as follows (additions shown in underline text):
(j) The retail sale of Polystyrene based products is prohibited by all vendors including but not
limited to cafeterias, caterers and fraternal clubs convenience liquor, and grocery stores mobile food
vendors, carts, food kiosks and stands restaurants coffee shops bars and pubs retail stores restaurant
supply stores, party supply stores drug stores hardware stores supermarket take out
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date. This ordinance shall be effective on
January 1, 2025.
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a
summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is
scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the
City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full
text of this Ordinance.
At a meeting of the City Council on 9/11/2024, a motion was made by Councilmember Addiego,
seconded by Councilmember Nagales, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Coleman, Vice Mayor Flores, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by 01MA P,,.. ,J_
�osa Govea Acosta, City Clerk
James oleman, Mayor
City of South San Francisco