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HomeMy WebLinkAboutORD 485 2020 1118 ORDINANCE NO. 485 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 8.36, SOLID WASTE, OF TITLE 8, HEALTH AND SAFETY, OF THE MOORPARK MUNICIPAL CODE, AND APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION IN CONNECTION THEREWITH WHEREAS, Ordinance No. 478 amended and restated portions of Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in January 2020; and WHEREAS, Assembly Bill (AB) 1826 adopted in October 2014 required businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week; and WHEREAS, AB 1826 requires that on and after January 1, 2016, local jurisdictions must implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units; and WHEREAS, the California Department of Resources Recycling ("CalRecycle"), the agency responsible for administration and oversight of California's non-hazardous waste handling, including compliance with AB 1826, has determined the a change to organic waste recycling requirements is necessary to maintain compliance; and WHEREAS, AB 1826 includes various implementation thresholds requiring organic recycling thresholds to be expanded effective January 2020 to cover businesses that generate two (2) cubic yards or more of commercial solid waste per week; and WHEREAS, subsection 8.36.090 of Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code requires an amendment to maintain compliance with AB 1826; and WHEREAS, at its meeting of November 4, 2020, the City Council introduced this ordinance amending Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code; and WHEREAS, the City Council concurs with the Community Development Director's determination that this amendment is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Ordinance No.485 Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK ORDAINS AS FOLLOWS: SECTION 1. Subsection 8.36.090 "Organic Waste" is hereby amended to read as follows: Businesses that generate two (2) cubic yards or more of commercial solid waste per week, and multifamily residential with five (5) or more units, shall arrange for organic waste recycling services. Food waste collection shall be placed in designated food waste containers and not commingled with other wastes, including other types of green waste. SECTION 2. CEQA. The Community Development Director has determined that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance is exempt from CEQA because the City Council's adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This Ordinance modifies a regulatory structure for the collection of solid waste and recyclables. SECTION 3. Severability. If any sections, subsections, sentence, clause, or phrase of the Chapter adopted by this ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional. SECTION 4. Effective Date. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. Publication and Certification. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in a book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. Ordinance No.485 Page 3 PASSED AND ADOPTED this 18th day of November, 2020. ' J. ice S. Parvin, Mayor ATTEST: I � 1: Ky S gler, Ci Jerk o0 �09 'rata44 f4 Too A/ 40a, A! rto s�v Ordinance No.485 Page 4 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 485 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of November, 2020 and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 18th day of November, 2020. Ky S(E)gerfriAg City Ck (seal) �° 7iz -agp Nemo A a TFD _-�