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HomeMy WebLinkAboutO-1706 amending Title 8, Chapters 8.04 and 8.05 of the San Luis Obispo Municipal CodeOrdinance No. 1706 (2021 Series) Page 1 O 1706 ORDINANCE NO 1706 (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 8, CHAPTERS 8.04 AND 8.05 OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on Commercial Businesses and Multi-Family Premises that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a mandatory Commercial recycling program; and WHEREAS, State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires Commercial Businesses and Multi-Family Premises that generate a specified threshold amount of Solid Waste, Recyclable Materials, and Organic Materials per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Materials from Commercial Businesses and Multi-Family Premises subject to the law, and requires jurisdictions to implement a mandatory Commercial Organic Materials recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce Organic Waste in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Multi-Family Premises, Commercial Businesses, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of the SB 1383 statewide Organic Waste disposal reduction targets; and DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 2 O 1706 WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1: Environmental Review. The proposed ordinance is exempt per California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards and will have no physical effects on the environment and has no possibility of a significant effect on the environment. SECTION 2: Chapter 8.04 (Solid Waste Disposal) of the San Luis Obispo Municipal Code is hereby amended as follows: 8.04 Solid Waste, Recycling, and Organic Waste Sections: 8.04.010 Definitions. 8.04.020 Accumulation—Type and placement of containers. 8.04.030 Transportation. 8.04.040 Collection required at least once a week. 8.04.050 Health officer and city engineer to direct removal. 8.04.060 Disposal site. 8.04.070 Use of disposal service mandatory—Collection of charges. 8.04.080 Collection rates. 8.04.090 Condition of collection trucks. 8.04.100 Refuse—Burning or burying. 8.04.110 Emergency removal. 8.04.120 Disposal by producer. 8.04.130 Certain hauling prohibited. 8.04.140 Health regulations—Establishment. 8.04.150 Franchise for collection—Authorization. 8.04.160 Placement of receptacles for pickup—Disputes settlement. 8.04.170 Dumping on private or public premises prohibited. 8.04.180 Owners responsibility to maintain premises free of debris and waste matter. 8.04.190 Placing of handbills or advertising matter in or upon vehicles. 8.04.200 Storage of certain vehicles prohibited. 8.04.210 Clearing of waste matter, debris and vehicles from private property. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 3 O 1706 8.04.211 Mandatory organic waste disposal requirements for single-family premises. 8.04.212 Mandatory organic waste disposal requirements for multi-family residential dwellings. 8.04.213 Mandatory organic waste disposal requirements for commercial businesses. 8.04.214 Organic waste and/or organics collection waivers for multi-family premises and commercial premises. 8.04.215 Requirements for commercial edible food generators. 8.04.216 Requirements for food recovery organizations and services. 8.04.217 Requirements for haulers and facility operators. 8.04.218 Recyclable and organic materials self-hauling requirements. 8.04.219 Inspections and investigations. 8.04.220 Enforcement. 8.04.230 Violation – Penalty. SECTION 3: Chapter 8.04.010 (Definitions) of the San Luis Obispo Municipal Code is hereby amended as follows: “Alternative Daily Cover (ADC)” has the same meaning as in Section 20690 of Title 27 of the California Code of Regulations. “Alternative Intermediate Cover (AIC)” has the same meaning as in Section 20700 of Title 27 of the California Code of Regulations. “Bin” means a container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end- loading collection vehicle, including bins with compactors attached to increase the capacity of the bin. “C&D (debris)” or “Construction and demolition debris” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, brick, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others). “Cart” means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. A cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). “City disposal site” means and refers to that certain tract of land which the franchisee shall furnish and use as a place of depositing garbage, rubbish and C&D. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 4 O 1706 “Container(s)” mean bins, carts, compactors, and roll-offs. “Contractor” means a corporation organized and operating under the laws of the State and its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and subcontractors. “Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard bin compactors serviced by front-end loader collection vehicles and ten (10) to fifty (50) cubic yard drop box compactors serviced by roll-off collection vehicles. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility. “Commercial Edible Food Generator” includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7). “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation thereof) includes a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product. “Creek” means a natural stream of water normally smaller than and often tributary to a river. May be seasonal in that it is dry during certain times of the year. “Customer” means the person whom contractor submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant or owner of the premises. “Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Developed Property” means any property which has been altered from its natural state by the construction or erection of materials located in, upon, or attached to something located in or upon the ground. “Discarded Materials” means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 5 O 1706 “Drainageway” means a route or course along which water moves or may move to drain a region. These are generally manmade as compared to “creeks”. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Health and Safety Code, including the California Retail Food Code. “Enforcement Action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. “Food Recovery Service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Waste” means source separated food scraps and food-soiled paper. “Franchisee” means and includes a person whom the city has granted the privilege of collecting and disposing of refuse, garbage, rubbish, and other solid waste produced within the limits of the city under the terms set out in this chapter, and under the provisions of the Charter of the city, as amended. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 6 O 1706 “Garbage” means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes and all or any refuse, save and excepting as defined in this section as rubbish or C&D. “Generator” means a person or entity that is responsible for the initial creation of one or more types of discarded materials. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “Hazardous Waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as solar panels from residential premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the “mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Incinerator” means and includes fireproof receptacles approved by the city engineer or fire chief, and used for disposing of combustible rubbish on private premises. “Inspection” means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Lake” means a considerable inland body of standing water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 7 O 1706 “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter. “Multi-Family Residential Dwelling” or “Multi-Family” or “MFD” means of, from, or pertaining to residential Premises with five (5) or more dwelling units including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collection service for all units on the premises which are billed to one (1) customer at one (1) address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five (5) or more dwelling units who receive individual service and are billed separately shall not be considered multi-family. Multi- Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. “Occupant” means the person who occupies a premises. “Organic Materials” means yard trimmings and food waste, individually or collectively that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable material and solid waste. organic materials are a subset of organic waste. “Organic Materials Container” shall be used for the purpose of storage and collection of source separated organic materials. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 8 O 1706 “Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the County Assessor. “Premises” means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. all structures on the same legal parcel, which are owned by the same person shall be considered as one premises. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). “Recyclable Materials” means those discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling by the service provider and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials, and solid waste. recyclable materials shall include, but not be limited to aluminum, newspaper, clear and colored glass, tin and bi-metal, high density polyethylene (HDPE), polyethylene terephthalate (PET), cardboard, chipboard, and mixed paper. For the purpose of collection of recyclable materials through contractor’s collection services, recyclable materials shall be limited to those materials identified by the collection contractor as acceptable recyclable materials. “Recyclable Materials Container” shall be used for the purpose of storage and collection of source separated recyclable materials. “Refuse” means and includes garbage, rubbish or both. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 9 O 1706 “Refuse collector” means and includes the same as the term franchisee. “Residential” shall mean of, from, or pertaining to a single-family premises or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments. “Responsible Party” means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multi-family premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single- family premises, multi-family premises, or commercial premises. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). “Rubbish” means and includes all combustible and noncombustible waste matter, excepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree trimmings, grass cuttings, dead plants and weeds, but shall not include C&D. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Haul” means to act as a self-hauler. “Self-Hauler” means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 10 O 1706 “Service Level” refers to the size of a customer’s container and the frequency of collection service. “Single-Family” or “SFD” refers to any detached or attached house or residence of four (4) units or less designed or used for occupancy by one (1) family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single- family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (4) Recyclable materials, organic materials, and construction and demolition debris when such materials are source separated. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation. “Solid Waste Container” shall be used for the purpose of storage and collection of solid waste. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 11 O 1706 “Source Separated” or “Source-Separated (materials)” means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing. “Source Separated Organic Materials” means organic materials that are source separated and placed in an organic materials container. “Source Separated Recyclable Materials” means recyclable materials that are source separated and placed in a recyclable materials container. “Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the following: (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site food facility and 200 or more rooms. (3) Health facility with an on-site food facility and 100 or more beds. (4) Large venue. (5) Large event. (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A local education agency facility with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter. “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where each pound contains sixteen (16) ounces. “Waste” means solid waste and source-separated waste. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 12 O 1706 SECTION 4: Section 8.04.020 (Accumulation – Type and placement of containers) of the San Luis Obispo Municipal Code is hereby amended as follows: No person shall deposit, keep, accumulate or permit any C&D debris, source separated materials, or other solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, creek, lake or drainageway, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as provided in this chapter. A. Waste. No person shall keep, accumulate or permit to be kept or accumulated any waste upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or plastic receptacles provided or approved by the franchisee. The maximum weight of a receptacle and its contents at collection time shall not exceed seventy-five pounds. Each receptacle shall be provided with close-fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to permit waste to be taken therefrom or deposited therein. Each receptacle shall be kept in a clean, neat, sanitary condition at all times. The outside of each receptacle, including its cover, shall be kept clean from accumulating grease or decomposing material. Waste shall not be kept in any creek, lake or drainageway whether it is in a receptacle or not. B. Location of Waste Containers. Each container provided or approved by the franchisee shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as follows: 1. Where there is an alley, other than a blind alley, in the rear of the premises, such container shall be placed on the premises within five feet of the rear property line. 2. Where there is no alley, such container shall be placed on the premises within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital, hotel, boardinghouse, and other like eating places, apartment houses, or dwelling from which waste is accumulated. It may not be placed in any creek, lake or drainageway. C. Containers which do not comply with the requirements as stipulated in this chapter or which deteriorate to the point where they do not comply will be tagged by the franchisee and, if not replaced by the next regular collection day, will be considered as waste and will be removed by the franchisee in the same manner as any other waste. D. No person shall place, store or otherwise keep any waste container in a receptacle or pit in an exterior location which is not entirely above ground level. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 13 O 1706 E. Waste containers shall not be placed adjacent to the street for pickup more than twenty-four hours before pickup time, and such containers shall be removed within the twelve-hour period following pickup, except in the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area, waste containers shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of business on the day preceding pickup, whichever is later. Such containers shall be removed before 10:00 a.m. following pickup. F. No person shall place any waste into a waste container without permission of the owner or tenant of the property on which the container sits. (Ord. 1192 § 1, 1990; Ord. 1176 § 1, 1990; Ord. 1040 (part), 1985; prior code § 5200.1) SECTION 5: Section 8.04.030 (Transportation) of the San Luis Obispo Municipal Code is hereby amended as follows: A. Solid Waste and C&D Debris Transportation. No solid waste or C&D debris shall be removed and carried on and along the streets and alleys of the city except that the same be carried, conveyed or hauled in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands. B. Wet Waste Transportation. No wet waste shall be removed and carried on or along any street or alley of the city except the same be transported in watertight containers with proper covers, so that the waste shall not be offensive and every such container shall be kept clean and the waste shall be so loaded that none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. (Prior code § 5200.2) SECTION 6: Section 8.04.040 (Collection required at least once a week) of the San Luis Obispo Municipal Code is hereby amended as follows: All waste of any kind, shall be removed by the city, its agent, employees, or permittees or representatives, at least once every seven days, unless otherwise directed by the city health office or the city engineer. (Prior code § 5200.3) SECTION 7: Section 8.04.050 (Health officer and city engineer to direct removal) of the San Luis Obispo Municipal Code is hereby amended as follows: It shall be the duty of any franchisee engaged in or conducting the business of collecting waste to remove waste to which the attention of the franchisee may be directed by the health officer or city engineer, and where waste is accumulated and thence removed, any and all the cost of the removal of waste shall be collected in accordance with the provisions of this chapter. (Prior code § 5200.4) DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 14 O 1706 SECTION 8: Section 8.04.060 (Disposal site) subsection (A) of the San Luis Obispo Municipal Code is hereby amended as follows: A. The franchisee shall contract with the operator of a disposal site situated without the city limits for disposal of waste collected within the city. All waste collected within the city and not separated for recycling or composting shall be delivered to the disposal site and disposed of according to the regulations of the disposal site. SECTION 9: Section 8.04.070 (Use of disposal service mandatory – collection of charges) of the San Luis Obispo Municipal Code are hereby amended as follows: A. The city has determined that periodic collection and disposal of waste from all developed properties in the city benefits all occupants of developed properties in the city. B. The city will provide waste collection and disposal service through its franchisee; and all developed properties in the city must use the city’s waste collection and disposal service, except that there may be joint or multiple use of waste containers, subject to conditions established by the city. C. The franchisee shall collect all fees for waste collection and disposal. D. The owner of developed property shall be responsible and liable for paying the waste collection and disposal fees for that property, although the franchisee will bill a tenant if requested by the owner. E. The owner of developed property shall be responsible for modifying frequency and volume of waste collection and disposal service to remain compliant with this chapter. F. Once each year, prior to a date established by the city, the franchisee may take the following actions to collect delinquent waste collection and disposal accounts: 1. Present to the city a list of property owners (with corresponding parcel numbers) within the city whose accounts are more than one hundred twenty days past due; 2. Send a certified letter requesting payment to each property owner with a delinquent account; 3. At least thirty days after receiving delivery certification for payment requests, present to the city a list of property owners (with corresponding parcel numbers) whose accounts are still past due. G. After the franchisee has completed all of the actions listed in paragraph E, the city council will adopt a resolution authorizing the San Luis Obispo county assessor to assess the amounts due on delinquent accounts as liens against the properties. The franchisee shall bear the full cost of any fees charged by the San Luis Obispo county assessor to lien affected properties. (Ord. 1176 § 3, 1990: prior code § 5200.6) DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 15 O 1706 SECTION 10: Section 8.04.080 (Collection rates) of the San Luis Obispo Municipal Code is hereby amended as follows: Collection rates for waste disposal shall be set by a resolution of the council. (Prior code § 5200.6A) SECTION 11: Section 8.04.090 (Condition of collection trucks) of the San Luis Obispo Municipal Code is hereby amended as follows: Every truck used in the collection and removal of waste shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign with appropriate number: “SOLID WASTE” or “RECYCLING” or “ORGANIC WASTE” SERVICE San Luis Obispo, California No. ____________ (Prior code § 5200.7) SECTION 12: Section 8.04.100 (Refuse – Burning or burying) of the San Luis Obispo Municipal Code is hereby amended as follows: 8.04.100 Waste—Burning or burying. A. No waste matter shall be burned in the open air within the city, except barbecue fires. B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the city, whether in an incinerator or not, except as noted in subsection A of this section. C. No waste shall be disposed of by burying the same underground, except that waste may be made use of for the filling of low areas within the city when it is properly leveled and covered with dirt and upon written permission of the health officer or city engineer. (Prior code § 5200.8) SECTION 13: Section 8.04.120 (Disposal by producer) of the San Luis Obispo Municipal Code is hereby amended as follows: A. Nothing in this chapter contained shall be construed to prohibit any producer of waste from personally hauling in producer’s vehicle, through the streets of the city and disposing of same at the city disposal site; provided, that such hauling and disposal shall at all times be subject to the approval of the health officer. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 16 O 1706 B. The person in charge of any vehicle used to haul waste under the permission granted by the provisions of this chapter shall, on request from the custodian of or person in charge at the city disposal site, exhibit satisfactory evidence showing that such waste accumulated in, and was hauled from, the city, and that the producer thereof is a resident of the city. C. The permission granted by the provisions of this chapter shall not include the right to haul and dispose of dead animals, C&D debris, old automobile bodies or frames, nor any refuse or rubbish originating in a commercial establishment where the quantity exceeds one cubic yard. D. The city is authorized, by resolution duly adopted by the council, to provide that any person who shall haul his or her own solid waste and dispose of the same at the city disposal site shall pay to the franchisee holding a franchise from the city, a fee for such privilege. The rate of such fee shall be established by such resolution and may be changed from time to time by the council by resolution duly adopted by the council. (Prior code § 5200.10) SECTION 14: Section 8.04.130 (Certain hauling prohibited) of the San Luis Obispo Municipal Code is hereby amended as follows: No person, other than the franchisee, shall collect, remove or haul solid wastesover the streets of the city; provided, however, that this section shall not apply to producer-hauling as provided in Section 8.04.120, nor to persons who have a permit from the health officer or city engineer for emergency removal of the same. (Prior code § 5200.11) SECTION 15: Section 8.04.140 (Health regulations—Establishment) of the San Luis Obispo Municipal Code is hereby amended as follows: The city engineer in conjunction with the health officer have power to establish rules and regulations not inconsistent with this chapter governing the collection and disposal of waste; provided, that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city. (Prior code § 5200.12) SECTION 16: Section 8.04.150 (Franchise for collection—Authorization) of the San Luis Obispo Municipal Code is hereby amended as follows: For the collection and disposal of waste a franchise may be granted by the city in accordance with and subject to the terms and conditions of this chapter and the City Charter. (Prior code § 5200.14) DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 17 O 1706 SECTION 17: Section 8.04.160 (Placement of receptacles for pickup—Disputes settlement) of the San Luis Obispo Municipal Code is hereby amended as follows: In all cases of disputes or complaints arising from or concerning the place where the waste containers shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the city council or the health officer, and such decision shall be final. (Prior code § 5200.15) SECTION 18: Section 8.04.170 (Dumping on private or public premises prohibited) of the San Luis Obispo Municipal Code is hereby amended as follows: No person shall dump, deposit, keep or accumulate any C&D debris or any other waste material which, if thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private place, creek, lake, drainageway, street, lane, alley or drive, except the same be kept, deposited or allowed to accumulate temporarily, during the period of factual construction on premises under construction or alteration, and in a manner approved by the building inspector. Failure of a building permittee to clean up unapproved accumulations within three working days after the building inspector serves written notice upon the permittee or his or her agent so to do shall result in summary suspension of the building permit until such time as the condition is corrected to the satisfaction of the building inspector. The suspension authorized in this section shall be in addition to the misdemeanor penalties provided for elsewhere in this code. (Ord. 1040 (part), 1985: prior code § 5200.16) SECTION 19: Section 8.04.180 (Owners responsibility to maintain premises free of debris and waste matter) of the San Luis Obispo Municipal Code is hereby amended as follows: The owner or person in control of any private property shall, at all times, maintain the premises free of waste, debris or any other waste material, except pursuant to a permit approved by the city engineer for fill and compaction work, and provided that this section and Section 8.04.170 shall not prohibit the storage of such waste materials in private receptacles for collection. (Prior code § 5200.17) SECTION 21: Sections 8.04.211-8.04.219 of the San Luis Obispo Municipal Code are hereby added as follows: 8.04.211 Mandatory organic waste disposal reduction requirements for Single-Family Premises. A. Except responsible parties of single-family premises that meet the self-hauler requirements in section 8.04.218 of this chapter, responsible parties of single- family premises shall comply with the following requirements: DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 18 O 1706 1. Subscribe to and pay for city’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services set forth in this chapter. The franchisee, city and its designee(s) shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The responsible parties for single-family premises shall adjust their service level for their collection services as requested by the city. 2. Participate in the city’s three-container collection service(s) in the manner described below. a. Place, or, if responsible party is not an occupant of the single-family premises, direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container. b. Not place, or, if responsible party is not an occupant of the single-family premises, direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers. B. Nothing in this section prohibits a responsible party or generator of a single- family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). 8.04.212 Requirements for Multi-Family Residential Dwelling. A. Responsible parties of multi-family premises shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, and tenants. Responsible parties of multi-family premises may receive waivers pursuant to Section 8.04.214 for some requirements of this section. B. Except for responsible parties of multi-family premises that meet the self-hauler requirements in Section 8.04.218 of this chapter, including hauling services arranged through a landscaper, responsible parties of multi-family premises shall: 1. Subscribe to and pay for city’s three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multi-family premises as further described below in this section. The franchisee, city and its DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 19 O 1706 designee(s) shall have the right to review the number and size of the generators’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. The generator of a multi-family premises shall adjust their service level for their collection services as requested by the city or its designee. 2. Participate in the city’s three or more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below. a. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container. b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers. 3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the multi-family premises’ approach to complying with self-hauler requirements in Section 8.04.218 of this chapter. 4. Annually provide best practice information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste. 5. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from solid waste (when applicable) and the location of containers and the rules governing their use at each property. 6. Provide or arrange access for city and/or its designee(s) to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 20 O 1706 C. If the responsible party of a multi-family premises wants to self-haul, the responsible party must meet the self-hauler requirements in Section 8.04.218 of this chapter. D. Multi-family premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter. E. Nothing in this section prohibits a responsible party or generator of a multi- family premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). 8.04.213 Requirements for Commercial Businesses. A. Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic materials, and solid waste collection services consistent with this chapter and for employees, contractors, tenants, and customers. responsible parties of commercial premises may receive waivers pursuant to Section 8.04.214 for some requirements of this section. B. Except responsible parties of commercial businesses that meet the self-hauler requirements in Section 8.04.218 of this chapter, including hauling services arranged through a landscaper, responsible parties of commercial premises shall: 1. Subscribe to and pay for city’s three or more-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section. City and its designee(s) shall have the right to review the number and size of a commercial premises’ containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. the responsible party of the commercial business shall adjust their service level for their collection services as requested by the city or its designee. 2. Participate in the city’s three or more-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 21 O 1706 a. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container. b. Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers. 3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements in Section 8.04.218 of this chapter. 4. Provide containers for customers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, as demonstrated through an approved de minimis waiver per Section 8.04.214(A), then the responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either: a. A container body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial business is not required to replace functional containers that do not comply with the requirements of this subsection prior to whichever of the following comes first: (i) the end of the useful life of those containers, or (ii) January 1, 2036. b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 22 O 1706 the container labeling requirements are required on new containers commencing January 1, 2022. 5. To the extent reasonably practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the city’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’s responsible party to support its compliance with self-hauler requirements in Section 8.04.218 of this chapter. 6. Periodically inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). 7. Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste. 8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste (when applicable) and the location of containers and the rules governing their use at each property. 9. Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. C. If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.04.218 of this chapter. D. Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). E. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.04.215 of this chapter. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 23 O 1706 8.04.214 Waivers for Multi-Family Premises and Commercial Premises. A. De minimis waivers for multi-family premises and commercial premises. The city or its designee, may waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste requirements set forth in this chapter if the responsible party of the commercial business or multi-family premises provides documentation that the commercial business or multi-family premises meets one of the criteria in subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver. 1. The commercial business’s or multi-family premises’ total solid waste collection service is two (2) cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the multi-family premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or organic materials in the organic materials stream are less than twenty (20) gallons per week); or, 2. The commercial business’s or multi-family premises’ total solid waste collection service is less than two (2) cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten (10) gallons per week per applicable material stream of the multi-family premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or organic materials in the organic materials stream are less than ten (10) gallons per week). B. Physical Space Waivers. The city or its designee may waive a commercial business’s or multi-family premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city or its designee has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of Section 8.04.212 or 8.04.213 as applicable. Commercial business’s and multi-family premises’ should defer to the City’s Engineering Standards for trash enclosure specifications. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 24 O 1706 C. Review and approval of waivers (deminimis or physical space). Waivers shall be granted to responsible parties by the city or its designee according to the following process: 1. Responsible parties of premises seeking waivers shall submit a completed application form to the city’s designee, or the city if there is no designee, for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request. 2. Upon waiver approval, the city’s designee, or the city if there is no designee, shall specify that the waiver is valid for the following duration: a. For commercial premises, five (5) years, or if property ownership changes, or if occupancy changes, whichever occurs first. b. For multi-family premises, five (5) years, or if property ownership changes, or if the property manager changes, whichever occurs first. 3. Waiver holder shall notify city’s designee, or the city if there is no designee, if circumstances change such that commercial business’s or multi-family premises’ may no longer qualify for the waiver granted, in which case waiver will be rescinded. 4. Any waiver holder must cooperate with the city and/or its designee for any on-site assessment of the appropriateness of the waiver. 5. Waiver holder shall reapply to the city’s designee, or the city if there is no designee, for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city and/or its designee. Failure to submit a completed application shall equate to an automatic denial of said application. 6. The city or its designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. 7. If the city or its designee does not approve a waiver application or revokes a waiver, the waiver applicant may appeal the decision for additional review pursuant to Chapter 1.20. The city may also, after meeting and conferring with the designee, direct the designee to approve the waiver application and/or repeal the revocation of the waiver. 8.04.215 Requirements for Commercial Edible Food Generators. A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 25 O 1706 B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. C. Commercial edible food generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of edible food that would otherwise be disposed. Food that is donated shall be free from adulteration, spoilage, and meet the food safety standards of the California Health and Safety Code. Food cannot be donated if it is not in compliance with the food safety standards of the California Health and Safety Code, including food that is returned by a customer, has been served or sold and in the possession of a consumer, or is the subject of a recall. 2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. 3. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. 4. Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. 5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those food recovery services or food recovery organizations: i. The name, address and contact information of the food recovery service or food recovery organization. ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization. iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 26 O 1706 6. Maintain records required by this section for five (5) years. 7. No later than January 31 of each year commencing no later than January 31, 2023 for tier one commercial edible food generators and January 31, 2025 for tier two commercial edible food generators, provide an annual food recovery report to city’s designee, or the city if there is no designee, that includes the following information: a. The amount, in pounds, of edible food donated to a food recovery service or food recovery organization annually; and, b. The amount, in pounds of edible food rejected by a food recovery service or food recovery organization annually. c. Any additional information required by the City Manager or their designee. D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). 8.04.216 Requirements for Food Recovery Organizations and Services. A. Food Recovery Services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food. 2. The quantity in pounds of edible food collected from each commercial edible food generator per month. 3. The quantity in pounds of edible food transported to each food recovery organization per month. 4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 27 O 1706 B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. 2. The quantity in pounds of edible food received from each commercial edible food generator per month. 3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. C. Maintain records required by this section for five (5) years. D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in and the city’s designee, if applicable, the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city’s designee, or the city if there is no designee, if applicable, no later than January 31 of each year. E. In order to support edible food recovery capacity planning assessments or other studies conducted by the city that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city’s designee, or the city if there is no designee, if applicable, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city and/or its designee shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city. F. Nothing in this chapter prohibits a food recovery organization or food recovery service from refusing to accept edible food from a commercial edible food generator. 8.04.217 Requirements for Haulers and Facility Operators. A. Requirements for Haulers DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 28 O 1706 1. Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste: a. Through written notice to the city annually on or before January 31 of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city. b. Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC). c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and city’s Construction and Demolition Debris Recycling Program. 2. Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, or other agreement entered into with city. B. Requirements for Facility Operators and Community Composting Operations 1. Owners of facilities, operations, and activities located in the city’s boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 29 O 1706 2. Community composting operators with operations located in the city’s boundaries, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. entities contacted by the city shall respond within 60 days. 8.04.218 Recyclable and Organic Materials Self-Hauling Requirements. A. Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the city’s collection program. Self- haulers shall deliver their materials to facilities described in subsection (b) below. B. Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and, haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste. C. Self-haulers that are responsible parties of commercial businesses or multi- family premises shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to review by the city and/or its designee(s). The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste. 2. The amount of material in cubic yards or tons transported by the generator or responsible party to each entity. 3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self- hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and solid waste. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 30 O 1706 D. Self-haulers of food waste shall retain all records and data required to be maintained by this section for no less than five (5) years after the waste was first delivered to the facility accepting the material. 8.04.219 Inspections and Investigations. A. City representatives or its designee(s) are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by generators, responsible parties of single-family premises, responsible parties of commercial businesses, responsible parties of multi- family premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. Inspection of residential containers may only be conducted once container is placed on a curb or sidewalk for the intended purpose of being serviced. This section does not permit city or its designee to enter the interior of a private residential property for Inspection, nor does it allow city or its designee to approach a residential structure if containers are not pulled out to curb or sidewalk for service. B. Entities regulated by this chapter shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. failure of a responsible party to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Chapter 8.04. C. Any records obtained by a city or its designee during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. D. City or its designee shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. E. City representatives and/or their designee are authorized to provide informational notices to entities regulated by this chapter regarding compliance with this chapter. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 31 O 1706 SECTION 22: Section 8.04.220 (Enforcement) of the San Luis Obispo Municipal Code is hereby amended as follows: A. The city’s Code Enforcement Division, city engineer, and the police department are specifically empowered to enforce the provisions of this chapter. B. No person shall in any manner interfere with the collection or disposal of waste by any person authorized by franchise to collect and dispose of the same. (Prior code § 5200.13) C. Beginning January 1, 2024, if the city determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with Sections 8.04.211-8.04.219, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this section, as needed. SECTION 23: Section 8.04.230 (Violation - Penalty) of the San Luis Obispo Municipal Code is hereby amended as follows: In addition to any other remedy authorized by this chapter, any violation of the provisions of this chapter by any person or restaurant is subject to provisions set forth in Chapter 1.24. (Ord. 1640 § 3 (part), 2017) SECTION 24: Chapter 8.05 (Construction and Demolition Debris Recycling Program) of the San Luis Obispo Municipal Code is hereby amended as follows: Sections: 8.05.010 Definitions. 8.05.020 Compliance with CALGreen recycling requirements. 8.05.030 Submission of recycling plan. 8.05.040 Review of recycling plan. 8.05.050 Compliance with recycling plan. 8.05.060 Infeasible exemption. 8.05.070 Appeals. 8.05.080 Civil penalties. SECTION 25: Section 8.05.010 (Definitions) of the San Luis Obispo Municipal Code is hereby amended as follows: 8.05.010 Definitions. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city, unless otherwise specifically exempted by law. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 32 O 1706 “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “Compliance official” means the utilities conservation coordinator or his/her designee. “Construction” means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure. “Construction and demolition debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a recycling plan. “Covered project” shall have the meaning set forth in Section 8.05.020(A). “Deconstruction” means the systematic removal of usable items from a structure. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. “Divert” means to use material for any purpose other than disposal in a landfill. “Diversion requirement” means the diversion of at least fifty percent by weight of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 8.05.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycling plan compliance official for the project. “Noncovered project” shall have the meaning set forth in Section 8.05.020(C). “Enforcement Action" means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city. “Renovation” means any change, addition, or modification in an existing structure. “Reuse” means further or repeated use of construction or demolition debris. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 33 O 1706 “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse. “Recycling plan” means a completed recycling plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project. (Ord. 1381 § 1 (part), 2001) SECTION 26: Section 8.05.020 (Threshold for covered projects) of the San Luis Obispo Municipal Code is hereby amended as follows: 8.05.020 Compliance with CALGreen recycling requirements. A. Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply. B. For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following: 1. Where five (5) or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three or more-container collection program offered by the city, or comply with provision of adequate space for recycling for multi- family premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. 2. New commercial or multi-family construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three or more-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 34 O 1706 3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with city’s Construction and Demolition Debris Recycling Program Ordinance, Chapter 8.05 of City’s Municipal Code, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D debris. C. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project. D. Control of Waste. Regardless of the project size and requirement for a formal recycling plan, all projects shall implement control of waste to prevent the release of pollutants to the storm drain system in accordance with the city’s storm water quality ordinance, set forth in Chapter 12.08. (Ord. 1543 § 4, 2010; Ord. 1381 § 1 (part), 2001) SECTION 27: Section 8.05.030 (Submission of a recycling plan) subsections (A- B) of the San Luis Obispo Municipal Code are hereby amended as follows: A. Recycling Plan Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of the application packet for the building or demolition permit. The completed recycling plan shall indicate all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion facilities where the construction and demolition waste material will be taken. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition waste materials diverted shall be calculated by weight. SECTION 28: Section 8.05.040 (Review of recycling plan) of the San Luis Obispo Municipal Code is hereby amended as follows: DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 35 O 1706 A. Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the recycling plan compliance official has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the chief building official. The recycling plan compliance official shall only approve a recycling plan if he or she first determines that all of the following conditions have been met: 1. The recycling plan provides all of the information set forth in Section 8.05.030(A); and 2. The recycling plan indicates that at least sixty-five percent by weight of all construction and demolition debris generated by the project will be diverted. If the recycling plan compliance official determines that these conditions have been met, he or she shall mark the recycling plan “Approved,” return a copy of the recycling plan to the applicant, and notify the building department that the recycling plan has been approved. SECTION 29: Section 8.05.050 (Compliance with recycling plan) subsection (A) of the San Luis Obispo Municipal Code is hereby amended as follows: A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the recycling plan compliance official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least sixty-five percent of the total construction and demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 8.05.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycling plan compliance official for the project. This documentation shall include all of the following: 1. Receipts from the vendor or facility which collected or received each material showing the actual weightof that material; 2. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. SECTION 30: Section 8.05.060 (Infeasible exemption) subsections (B-C) of the San Luis Obispo Municipal Code are hereby amended as follows: B. Meeting with Recycling Plan Compliance Official. The recycling plan compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 36 O 1706 C. Granting of Exemption. If the recycling plan compliance official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The recycling plan compliance official shall return a copy of the recycling plan to the applicant marked “Exempt” and shall notify the building division that the recycling plan has been approved. SECTION 31. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city's rules and regulations. It is the city's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 Ordinance No. 1706 (2021 Series) Page 37 O 1706 SECTION 32. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published at least five days prior to its final passage in the New Times, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any member of the public. INTRODUCED on the 16th day of November 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of December 2021, on the following vote: AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES: None ABSENT: None ___________________________ Mayor Erica A. Stewart ATTEST: ________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk DocuSign Envelope ID: EC05CE7A-BEB0-41AF-ADF1-5432C79D7715 12/13/2021 | 4:48 PM PST