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A. Applicability. This section shall apply to environmental determinations made by nonelected decisionmaking bodies or individuals, except that this section shall not apply to actions taken by departments established pursuant to Charter Section 600, or actions authorized by Chapter 1 of the Los Angeles Municipal Code.
B. Environmental Determinations Subject to Appeal. Pursuant to California Public Resources Code Section 21151(c), the following actions taken by a nonelected decisionmaking body or individual may be appealed to City Council: (1) certification of an environmental impact report; (2) adoption of a negative declaration or mitigated negative declaration; or (3) a written determination that a project is not subject to CEQA (each an “Environmental Determination”), provided that this section does not apply when the action by the nonelected decisionmaking body or individual is made appealable to, or is required to be reviewed by, City Council pursuant to any other provision of law.
C. Time to File an Appeal. Any appeal of an Environmental Determination made by a nonelected decisionmaking body or individual (“CEQA Appeal”) shall be filed the earliest of: (i) prior to the expiration of ten (10) days following the filing of either a Notice of Exemption or Notice of Determination in compliance with CEQA; or (ii) one hundred and eighty (180) days following the Environmental Determination made by a nonelected decisionmaking body or individual if no Notice of Exemption or Notice of Determination is filed.
D. Place to File. The CEQA Appeal and all supporting documents must be filed in the Office of the City Clerk, and a complete copy filed concurrently in the office of the nonelected decisionmaking body or individual whose Environmental Determination is being appealed.
E. Contents of CEQA Appeal. All CEQA Appeals shall be in writing on a form provided by the City Clerk or, if no such form is provided, shall contain the following:
1. A cover sheet that:
(a) Identifies the filing as a CEQA Appeal under Los Angeles Municipal Code Section 197.01;
(b) Identifies the nonelected decision- making body or individual whose Environmental Determination is being appealed;
(c) Identifies the Environmental Determination being appealed and the date on which the nonelected decisionmaking body or individual made such Environmental Determination;
(d) The name, address, and telephone number of the person filing the CEQA Appeal (the “Appellant”); and
(e) Legal basis for the CEQA Appeal.
2. Within ten (10) days of filing the CEQA appeal, Appellant shall submit to the City Clerk all documentary evidence, other supporting material, and written argument that Appellant wishes to present to the City Council. The written argument shall specify all grounds for the CEQA Appeal, specifying in detail why the Appellant contends that the Environmental Determination does not comply with CEQA.
F. Notice of Council Action. Before the City Council acts on the CEQA Appeal, the matter shall be heard at a public meeting. At least ten (10) days’ notice of the public meeting shall be given by mail to the Appellant; the recipient of any approval issued in connection the challenged Environmental Determination, if any; and any person or entity that has requested notice pursuant to California Public Resources Code Section 21092.2.
G. Time to File Additional Documents. Any and all additional argument, whether in support of or in opposition to the CEQA Appeal, including any staff report responding to the CEQA Appeal, and any additional evidence, must be filed with the City Clerk at least five (5) days prior to the date set for the public meeting.
H. City Council Decision. Within seventy-five (75) days of the filing of a CEQA Appeal, City Council shall hear and decide the matter, or upon a determination that good cause exists, continue the matter for a reasonable period of time.
I. Stay of Project Approval. If a timely CEQA Appeal has been filed, then pending resolution of the CEQA Appeal, the action by the nonelected decisionmaking body or individual shall be stayed and no permits may issue and no work based thereon may proceed.
J. Exhaustion of Administrative Remedies. No person entitled to file a CEQA Appeal pursuant to this section may initiate action in a court of law challenging the Environmental Determination unless and until such person files the CEQA Appeal and the City Council has taken final action on the CEQA Appeal.
K. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
The following definitions apply to this article:
A. “City” means the City of Los Angeles.
B. “Expanded Polystyrene” means polystyrene that has been expanded or “blown”, using a gaseous blowing agent, into a solid foam and is sometimes known by the trade name Styrofoam™.
C. “Designated Administrative Agency” or “DAA” means the Department of Public Works, Bureau of Sanitation.
D. “Egg Carton” means a container commonly used to package raw eggs sold to retail customers.
E. “Expanded Polystyrene Product(s)” means a product made from Expanded Polystyrene associated with food or beverage service, and includes, but is not limited to, such products as cups, bowls, plates, clamshells, Egg Cartons, Food Trays, coolers, and ice chests that are made from Expanded Polystyrene. Expanded Polystyrene Products also include shipping boxes, packing peanuts, and packing materials.
F. “Food or Beverage Facility” means a facility located in the City that sells or otherwise provides Prepared Food or Beverages for consumption on or off its premises, and includes, but is not limited to, a shop, sales outlet, restaurant, bar, pub, coffee shop, coffee stand, juice and/or smoothie bar, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, farmers market, theater, mobile food truck, roadside stand, kiosks, carts, a Vendor (as defined in Section 42.13 of this Code or any successor provision) or any organization, group, or individual that regularly provides Prepared Food or Beverages as part of its service.
G. “Food Tray” means a tray commonly used for packaging raw, uncooked food sold to retail customers, such as meat, fish, and whole fruits and vegetables.
H. “Large” means having more than 26 employees. If a Food or Beverage Facility or Retail Establishment is part of a Statewide or National Vendor, the employee count shall include all employees of that chain.
I. “Person” means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust or organization, or the manager, lessee, agent, servant, office, or employee of any of them.
J. “Retail Establishment” means any commercial establishment located within the City that sells goods directly to customers primarily for the customer’s own consumption or use.
K. “Statewide or National Vendor” means any Food or Beverage Facility or Retail Establishment that is part of a chain of franchised or corporate-owned Food or Beverage Facilities or Retail Establishments located in the City and in more than one other jurisdiction outside of the City.
A. Beginning April 23, 2023, no Large Food or Beverage Facility or Large Retail Establishment shall:
1. Distribute, offer, provide, rent, or sell to any Person any Expanded Polystyrene Product.
2. Distribute, offer, provide, rent, or sell to any Person any food or beverage in any Expanded Polystyrene Product.
3. Distribute, offer, provide, rent, or sell to any Person shipping or packing material that contains Expanded Polystyrene.
B. Beginning April 23, 2024, all other Food or Beverage Facilities and Retail Establishments shall comply with the requirements of Section 198.02 A.
A. [Reserved.]
B. Notwithstanding anything to the contrary contained in this article, this article does not prohibit the distribution, offer, provision, rental, sale, or use of any of the following:
1. Products such as surfboards or coolers that are wholly encapsulated or encased in a more durable material.
2. Craft supplies.
3. Packaging or containers that are used for drugs, medical devices, or biological materials.
4. Expanded Polystyrene used in the manufacture of safety devices and equipment, including, but not limited to, vehicle child restraint systems, personal floatation devices such as life jackets and life preservers, helmets, and vehicle impact protection systems.
5. Construction and building materials or related products made from Expanded Polystyrene if the products are used in compliance with the building regulations in Chapter IX of this Code, or any successor provisions, and are used in a manner preventing the Expanded Polystyrene from being released into the environment.
6. Products that are pre-packaged outside of the City using Expanded Polystyrene (as part of the packaging material except for Egg Cartons), as long as the products themselves are not made of Expanded Polystyrene or unless a more durable material wholly encapsulates or encases the Expanded Polystyrene.
7. Online sales of products that are shipped from a location outside of the City.
8. Expanded Polystyrene packaging products that have been received from sources outside of the City for reuse, in order to keep these packaging products outside of the waste stream.
A. Health Facilities, as defined in Section 1250 of the California Health and Safety Code, shall be exempt from the requirements of this article.
B. Residential Care Facilities for the Elderly, as defined in Section 1569.2 of the California Health and Safety Code, shall be exempt from the requirements of this article.
C. During any time the Mayor has declared the existence of a local emergency or at any time a disaster or local emergency has been declared by the President of the United States or the Governor of California that includes or encompasses the City, this article, by City Council resolution approved by the Mayor, shall be suspended for any Food or Beverage Facility or Retail Establishment performing activities in response to the declared disaster or local emergency, such as providing food and beverage to any Person using a City facility.
A. The DAA is authorized to promulgate rules and procedures for the implementation and enforcement of this article, consistent with the provisions herein. The DAA is authorized to take actions reasonable and necessary to enforce this article, including, but not limited to, receiving and responding to complaints, investigating violations, and entering the premises of any Food or Beverage Facility or Retail Establishment during business hours.
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