HomeMy WebLinkAbout03 - Amending Section 3.36.030 of the NBMC Related to Cost Recovery Percentages and Section 15.02.085 (Addition of Section 105.3.1.1) of the NBMC Related to Demolition WasteQ �EwPpRT
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CITY OF
NEWPORT BEACH
City Council Staff Report
May 14, 2024
Agenda Item No. 3
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason AI -Imam, Finance Director/Treasurer - 949-644-3126,
jalimam@newportbeachca.gov
PREPARED BY: Abigail Marin, Budget Analyst - 949-644-3042,
amarin@newportbeachca.gov
TITLE: Ordinance Nos. 2024-12 and 2024-13: Amending Section 3.36.030
of the Newport Beach Municipal Code Related to Cost Recovery
Percentages and Section 15.02.085 (Addition of Section 105.3.1.1)
of the Newport Beach Municipal Code Related to Demolition Waste
Disposal
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance Nos. 2024-12 and
2024-13, amending Section 3.36.030 (Cost Recovery Percentages) and 15.02.85
(Addition of Section 105.3.1.1), of the Newport Beach Municipal Code (NBMC) to modify
language to authorized levels of cost recovery required by the fee changes that were
approved by the City Council on April 23, 2024, and to modify language relating to
demolition waste disposal. The attached ordinances were introduced and considered at
the April 23, 2024, City Council meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Conduct second reading and adopt Ordinance No. 2024-12, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Section 3.36.030 of the
Newport Beach Municipal Code Related to Cost Recovery Percentages; and
c) Conduct second reading and adopt Ordinance No. 2024-13, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Section 15.02.085
(Addition of Section 105.3.1.1) of the Newport Beach Municipal Code Related to
Demolition Waste Disposal.
DISCUSSION:
On April 23, 2024, after a noticed public hearing, the City Council adopted Resolution
No. 2024-29, approving the Fiscal Year 2023-24 Fee Study update, and introduced and
passed to second reading Ordinances 2024-12 and 2024-13, which amend Section
3.36.030 of the NBMC (Cost Recovery Percentages) to update language to the
cost -recovery targets for certain user fees and 15.02.085 (Addition of Section 105.3.1.1)
which modifies language related demolition waste disposal.
3-1
Amending Section 3.36.030 of the Newport Beach Municipal Code Related to
Cost Recovery Percentages and Section 15.02.085 (Addition of Section 105.3.1.1) of
the Newport Beach Municipal Code Related to Demolition Waste Disposal
May 14, 2024
Page 2
At its April 23 meeting, the City Council voted in favor of adopting Resolution No. 2024-
29, with the caveat that Harbor Items No. 27 Deposit/late cancellation fee for use of
Human Lift — Marina Park and No. 28 Deposit/late cancellation fee for use of Human Lift
— Balboa Marina PD move forward without collecting on the fee. Ordinance No. 2024-12
pertaining to cost recovery percentages has since been updated to reflect a 100% subsidy
for these fees to align with the recommendations.
FISCAL IMPACT:
The City Council's policy of ensuring regular review of the City of Newport Beach's
cost -of -service fees and adequate cost recovery will continue to ensure adequate cost
recovery from users of the City's fee -related services. This facilitates the redirection of
general tax revenue currently subsidizing fee -supported services to maintaining and
enhancing non -fee supported services and programs. Staff estimates that the fee updates
in Resolution No. 2024-29, adopted at the April 23, 2024 City Council meeting, and the
fees associated with the ordinances introduced at the same meeting, will amount to
approximately $581,000 in additional cost recovery for the City. However, this projection
does not account for any fees where volume statistics are unavailable.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No 2024-12
Attachment B — Redlined Amended Newport Beach Municipal Code Section 3.36.030
Attachment C — Ordinance No. 2024-13
Attachment D — Redlined Amended Newport Beach Municipal Code Section 15.02.085
(Addition of Section 105.3.1.1)
3-2
Attachment A
Ordinance No 2024-12
3-3
ORDINANCE NO. 2024-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 3.36.030 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO COST RECOVERY
PERCENTAGES
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, the City funds certain municipal services, which are typically
performed without request by the user, that benefit the public generally and are
traditionally funded by tax revenue;
WHEREAS, the City performs other services which are funded, in whole or in
part, by a person requesting the service;
WHEREAS, Subsection (A) of Section 3.36.030 (Cost Recovery Percentages) of
the Newport Beach Municipal Code ("NBMC") provides the cost recovery for user
service fees specifically requested by a person shall be at one hundred percent (100%),
unless the amount is modified by Exhibit A to Section 3.36.030 (Cost Recovery
Percentages) of the NBMC ("Exhibit A");
WHEREAS, the Finance Department conducts regular fee studies and makes
recommendations to the City Council regarding adjustments that may be made to the
cost recovery amounts provided in Exhibit A, to ensure compliance with the law,
consistency with current practices, and the maintenance of a high level of customer
service for our residents;
WHEREAS, on March 14, 2024, the proposed revisions to Exhibit A were
presented to the City's Finance Committee;
WHEREAS, staff identified an additional revision after the City's Finance
Committee to remove "Payment Plans (Except Parking)" from Exhibit A to align with full
cost recovery of the fee; and
3-4
Ordinance No. 2024-
Page 2 of 8
WHEREAS, City staff recommends the City Council adopt the proposed
revisions to Exhibit A.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the
NBMC, is hereby amended to read as follows:
The City's cost of providing the following services shall be recovered through direct fees
charged for services. Exhibit "A" limits cost recovery fees to the percentages or dollar
amounts indicated below.
Exhibit A
Percentage of Cost
or Amount to Be
Recovered from
Service
Direct Fees
ALL DEPARTMENTS
Appeals — For Any User Services
0%
Appeal Not Otherwise Specified
— Appellant Successful
Appeals — For Any User Services
50%
Appeal Not Otherwise Specified
—Appellant Unsuccessful
COMMUNITY DEVELOPMENT
DEPARTMENT
Chapter 17.65 Appeal—
0%
Appellant Successful
Chapter 17.65 Appeal to City
50%
Council or Harbor Commission —
Appellant Unsuccessful
Building
Appeals Board Hearing—
0%
Appellant Successful
Appeals Board Hearing—
50%
Appellant Unsuccessful
3-5
Ordinance No. 2024-
Page 3 of 8
Percentage of Cost
or Amount to Be
Recovered from
Service
Direct Fees
Harbor Construction
50%
Preliminary Plan Review
First Two Hours
Free, Full Cost
Thereafter
Planning
Appeals to City Council or
0%
Planning Commission —
Appellant Successful
Appeals to City Council or
50%
Planning Commission —
Appellant Unsuccessful
Coastal Development Permit
0%
Application Appeals from
Zoning Administrator to
Planning Commission
General Plan Maintenance Fee
12%
Reasonable Accommodation
0%
FINANCE DEPARTMENT
Admin. Cite Hearings
0%
Parking Hearings
0%
Short Term Lodging Permit
0%
Suspension or Revocation
Hearing— Appellant Successful
Short Term Lodging Permit
50%
Suspension or Revocation
Hearing— Appellant
Unsuccessful
Zero Bill Reprint
0%
FIRE DEPARTMENT
Emergency Medical Services
Advanced Life Support (ALS)—
$400
Nontransport
3-6
Ordinance No. 2024-
Page 4 of 8
Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Basic Life Support (BLS)—
Nontransport
$400
ALS First Responder Fee
$400
BLS First Responder Fee
$400
HARBOR DEPARTMENT
Chapter 17.65 Appeal—
Appellant Successful
0%
Chapter 17.65 Appeal to City
Council or Harbor Commission —
Appellant Unsuccessful
50%
Deposit/late cancellation fee for
use of Human Lift —Marina Park
0%
Deposit/late cancellation fee for
use of Human Lift — Balboa
Marina PD
0%
LIBRARY SERVICES
DEPARTMENT
Black and White Copies from
Self -Service Copiers or Printers
$0.15
Color Copies from Self -Service
Copier or Printer
$0.45
Use Fees —Materials
$1
Inter -Library Loan
$5
POLICE DEPARTMENT
Bike Licenses
0%
Citation Sign -off
$10
Fingerprinting — City Portion
$25
Secondhand/Pawn Dealer Tag
Check
0%
Registrant —Narcotics
0%
Registrant — Sex
0%
Animal Shelter
3-7
Ordinance No. 2024-
Page 5 of 8
Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Adoption Fee —Puppies
$225
Adoption Fee — Senior Dog —
Animal Over Eight (8) Years Old
$70
Adoption Fee — Dog —All Other
$150
Adoption Fee —Kittens
$110
Adoption Fee — Senior Cat —
Animal Over Eight (8) Years Old
$70
Adoption Fee — Cat — All Other
$90
Adoption Fee —Small Animals
$45
Boarding Fee (per day)—
Animals
$25
Boarding Fee (per day) —Small
Animals
$10
Owner Turn -In Fee —Altered
Animal
$100
Owner Turn -In Fee — Unaltered
Animal
$200
Impound Fee —Dogs, Cats,
Small Animals
$62
PUBLIC WORKS DEPARTMENT
Chapter 17.65 Appeal —
Appellant Successful
0%
Chapter 17.65 Appeal to City
Council or Harbor Commission —
Appellant Unsuccessful
50%
RGP Dredging Permit
100%
RECREATION AND SENIOR
SERVICES DEPARTMENT
Adult Sports
50%-95%
Administrative Processing Fee
$5
Badge Replacement
$5
After School/Camp Programs
ON
Ordinance No. 2024-
Page 6 of 8
Service
Percentage of Cost
or Amount to Be
Recovered from
Direct Fees
Camps
20%-50%
After-School/Teen Program
20%-50%
Preschool Program
20%-50%
Aquatics
20%-50%
Contract Classes
50%-95%
Class Refunds
$74 or less
$10
$75 or more
$20
Youth Sports
20%-50%
Special Events —Levels 1, 2, and
3
Resident, Level 1 and Late Fees
for Level 1
0%-20%
Resident, Levels 2-3 and Late
Fees for Levels 2-3
20%-50%
Nonresident, Levels 1-2 and
Late Fees for Level 1
20%-50%
Nonresident, Level 3 and Late
Fees for Levels 2-3
50%-95%
Appeal to City Council —
Appellant Successful
0%
Appeal to City Council —
Appellant Unsuccessful
50%-95%
Natural Resources Programs
0%-20%
Senior Services
OASIS Transportation
$1—$3
each way
Contract Classes
20%-50%
Fitness Center
50%-95%
UTILITIES DEPARTMENT
Construction Water Meter
Establishment
50%
3-9
Ordinance No. 2024-
Page 7 of 8
Percentage of Cost
or Amount to Be
Recovered from
Service
Direct Fees
Fats, Oils, and Grease (FOG)
0%
Annual Permit
CITY COUNCIL, BOARD,
COMMISSION, COMMITTEE OR
ANY INDIVIDUAL MEMBER
THEREOF WHEN ACTING
WITHIN THE SCOPE OF THEIR
OFFICIAL DUTIES
Review from a Lower Body or
$0
Official
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
3-10
Ordinance No. 2024-
Page 8 of 8
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 23rd day of April, 2024, and adopted on the 14th day of
May, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
3-11
Attachment B
Redlined Amended Newport Beach Municipal Code Section 3.36.030
3-12
Newport Beach Municipal Code Page 1/9
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Chapter 3.36
COST RECOVERY FOR USER SERVICES
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the
City Council has initially determined the actual costs and the appropriate cost recovery percentage are
described in the fee resolution. The cost recovery percentage appropriate for each user service shall
be one hundred (100) percent with the exception of the user services listed in Exhibit "A" and those
services for which the fee is limited by statute. The City Council may include in the fee resolution a
schedule to phase in specific fee increases over a period not to exceed five (5) years.
B. The City Council shall establish, pursuant to the fee resolution, the actual fee or charge for each
user service described in the fee resolution. The fee or charge shall be based upon the actual cost of
providing the user service, multiplied by the relevant cost recovery percentage.
C. The City Council may, without amending this chapter, modify (increase or decrease) the fee
resolution to amend the amount of any fee or charge for, and the actual cost of providing, any user
service upon a determination that there has been an increase or decrease in one or more of the cost
factors relevant to the calculation of the actual cost of providing that service.
D. The City Council may modify the municipal functions determined to be user services in the
fee resolution and the cost recovery percentage for any service only by amending this chapter.
E. Fees for service established in the fee resolution may be waived by:
The City Council;
2. The City Manager, up to an amount not to exceed one thousand dollars ($1,000.00),
per occurrence, for fees imposed on nonprofit organizations for nonprofit sponsored
events; or
3. The City Manager or the Finance Director up to an amount not to exceed five thousand
dollars ($5,000.00), per occurrence, if the City Manager or Finance Director determines that the
imposition of the fee would exceed the actual cost to the City or would result in duplicative fees
for services rendered.
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-13
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Exhibit A
Page 2/9
The City's cost of providing the following services shall be recovered through direct fees charged for
services. Exhibit "A" limits cost recovery fees to the percentages or dollar amounts indicated below.
Percentage of
Cost or Amount
to Be Recovered
Service
from Direct Fees
All Departments
Appeals —For Any User
0%
Services Appeal Not
Otherwise Specified —
Appellant Successful
Appeals —For Any User
50%
Services Appeal Not
Otherwise Specified —
Appellant Unsuccessful
Community Development
Department
Chapter 17.65 Appeal—
0%
Appellant Successful
Chapter 17.65 Appeal to
$940500/.
City Council or Harbor
Commission —Appellant
Unsuccessful
Chapter IL.Q�5 Appeal tG-
HArhAr r`Am ' SsiArr—
AppellaRt I l
$4 50
RS ssf
Building
Appeals Board Hearing
0%
—Appellant Successful
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-14
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Appeals Board Hearing 1 50%
—Appellant
Unsuccessful
Harbor Construction 150%
Preliminary Plan First Two Hours
Review Free, Full Cost
Thereafter
Planning
Appeals to City Council
0%
or Planning
Commission— Appellant
Successful
Appeals to City Council
50%
or Planning
Commission— Appellant
Unsuccessful
Coastal Development
0%
Permit Application
Appeals from Zoning
Administrator to
Planning Commission
General Plan
12%
Maintenance Fee
Reasonable
0%
Accommodation
Finance Department
Admin. Cite Hearings
0%
Parking Hearings
0%
Page 3/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-15
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Payment Plans (Except
$25
Parking)
Short Term Lodging
0%
Permit Suspension or
Revocation Hearing —
Appellant Successful
Short Term Lodging
50%
Permit Suspension or
Revocation Hearing —
Appellant Unsuccessful
Zero Bill Reprint
0%
Fire Department
Emergency Medical
Services
Advanced Life Support
$400
(ALS)—Nontransport
Basic Life Support
$400
(BLS)—Nontransport
ALS First Responder
$400
Fee
BLS First Responder
$400
Fee
Harbor Department
Chapter 17.65 Appeal —
0%
Appellant Successful
Chapter 17.65 Appellant
$94050%
Appeal to City Council or
Harbor Commission —
".,Appellant
Page 4/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-16
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Unsuccessful
Chapter Appeal to
$�0
IL@t
Harbor Corn mission
nppellaRt l ins II
SSf
Deposit/late cancellation fee
0%
for use of Human Lift —
Marina Park
Deposit/late cancellation fee
0%
for use of Human Lift —
Balboa Marina PD
Library Services
Department
Black and White Copies
from Self -Service Copier
or Printer
$0.15
Color Copies from Self-
Service Copiers or
Printers
$0.45
Use Fees —Materials
$1
Inter -Library Loan
$5
Police Department
Bike Licenses
0%
Citation Sign -off
$10
Fingerprinting —City
$25
Portion
Secondhand/Pawn Dealer
0%
Tag Check
Page 5/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-17
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Registrant —Narcotics
0%
Registrant —Sex
0%
Animal Shelter
Adoption Fee—
$225
Puppies
Adoption Fee —Senior
$70
Dog —Animal Over
Eight (8) Years Old
Adoption Fee —Dog—
$150
All Other
Adoption Fee —Kittens
$110
Adoption Fee —Senior
$70
Cat —Animal Over
Eight (8) Years Old
Adoption Fee —Cat—
$90
All Other
Adoption Fee —Small
$45
Animals
Boarding Fee (per day)
$25
—Animals
Boarding Fee (per day)
$10
—Small Animals
Owner Turn -In Fee—
$100
Altered Animal
Owner Turn -In Fee—
$200
Unaltered Animal
Impound Fee —Dogs,
$62
Cats, Small Animals
Page 6/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-18
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Public Works Department
Chapter 17.65 Appeal —
Appellant Successful
0%
Chapter 17.65 Appeal to
City Council or Harbor
Commission —Appellant
Unsuccessful
$940500/.
Chapter -IL@t Appeal to
$1,250
Harber
I RS ccfi 1t
ppellaRt
RGP Dredging Permit
100%
Recreation and Senior
Services Department
Adult Sports
50%-95%
Administrative
Processing Fee
$5
Badge Replacement
$5
After School/Camp
Programs
Camps
20%-50%
After-School/Teen
Program
20%-50%
Preschool Program
20%-50%
Aquatics
20%-50%
Contract Classes
50%-95%
Class Refunds
$74 or less
$10
$75 or more $20
Page 7/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-19
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Youth Sports
20%-50%
Special Events —Levels
1,2,and 3
Resident, Level 1 and
0%-20%
Late Fees for Level 1
Resident, Levels 2-3
20%-50%
and Late Fees for
Levels 2-3
Nonresident, Levels 1
20%-50%
—2 and Late Fees for
Level 1
Nonresident, Level 3
50%-95%
and Late Fees for
Levels 2-3
Appeal to City Council—
0%
Appellant Successful
Appeal to City Council—
50%-95%
Appellant Unsuccessful
Natural Resources
0%-20%
Programs
Senior Services
OASIS Transportation
$1—$3 each
way
Contract Classes
20%-50%
Fitness Center
50%-95%
Utilities Department
Construction Water Meter
50%
Establishment
Page 8/9
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-20
Newport Beach Municipal Code
Chapter 3.36 COST RECOVERY FOR USER SERVICES
Fats, Oils, and Grease
(FOG) Annual Permit
0%
City Council, Board,
Commission, Committee or
Any Individual Member
Thereof When Acting
Within the Scope of Their
Official Duties
Review from a Lower
$0
Body or Official
Page 9/9
(Ord. 2023-22 § 184, 2023; Ord. 2023-7 § 1, 2023; Ord. 2022-10 §§ 3, 4, 2022; Ord. 2021-13 § 1, 2021; Ord. 2021-7 § 1, 2021;
Ord.
2020-10 § 1, 2020; Ord. 2020-5 § 4, 2020; Ord. 2018-15 § 1, 2018; Ord. 2018-13 § 1, 2018; Ord. 2016-14 § 1, 2016; Ord. 2015-29
§ 1,
2015; Ord. 2015-9 § 1, 2015; Ord. 2013-18 §§ 1, 2, 2013; Ord. 2013-1 § 1, 2013; Ord. 2011-28 § 1, 2011; Ord. 2011-10 § 1, 2011;
Ord.
2009-32 § 1 (Exh. A), 2010; Ord. 2009-21 § 1 (Att. 1), 2009; Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 2004-4 § 3, 2004; Ord.
2002-26
Exh. A, 2002; Ord. 2000-24 § 1, 2000; Ord. 98-18 § 1, 1998; Ord. 97-8 §§ 1 (part), 2, 1997)
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
3-21
Attachment C
Ordinance No. 2024-13
3-22
ATTACHMENT C
ORDINANCE NO. 2024-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 15.02.085 (ADDITION OF SECTION 105.3.1.1)
OF THE NEWPORT BEACH MUNICIPAL CODE RELATED
TO DEMOLITION WASTE DISPOSAL
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Chapter 15.02 of the Newport Beach Municipal Code ("NBMC"),
known as the Newport Beach Administrative Code, adopts and incorporates by
reference Chapter 1, Division II of the California Building Code (2022 Edition);
WHEREAS, Section 15.02.085 of the NBMC added section 105.3.1.1 to the
California Building Code to require the use of franchised waste haulers to dispose of
waste resulting from the complete demolition of a structure and to require a deposit,
which amount is scaled according to the size of the project, to encourage use of such
haulers ("demolition waste hauler requirement");
WHEREAS, the demolition waste hauler requirement promotes the City's
compliance with statutory waster diversion requirements;
WHEREAS, the demolition waste hauler requirement currently only applies to
complete demolition projects and does not extend to waste produced from construction
projects;
WHEREAS, requiring the payment of a similar disposal deposit for construction
projects to encourage the use of franchised waste haulers will aid the City in achieving
compliance with the waste diversion requirements of Assembly Bill (AB) 939 and
CalGreen;
WHEREAS, on March 14, 2024, City staff presented to the City's Finance
Committee as part of the fee study update review proposed revisions to the demolition
waste hauler requirement that would extend its application to construction projects,
including the payment of a deposit scaled according to the valuation of the construction
project; and
3-23
Ordinance No. 2024-
Page 2 of 4
WHEREAS, City staff recommends the City Council adopt those proposed
revisions to the demolition waste hauler requirement.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 15.02.085 (Addition of Section 105.3.1.1) of the NBMC is
hereby amended to read as follows:
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and demolition waste permits. Prior to
issuance of a building permit for construction having a valuation over
$100,000 or a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be
used for the handling, removal and disposal of all construction and
demolition waste. A permit deposit, set by Resolution of the City Council,
shall be paid at the time of submitting the building or demolition permit
application and the Construction and Demolition Waste Certification and
Deposit Form. Said deposit shall be returned to the permittee, minus
administrative fees set by Resolution of the City Council, at the conclusion
of the construction or demolition project, upon the submittal of
documentation that a franchised solid waste enterprise was used to
handle, remove and dispose of all construction and demolition wastes.
The permit deposit shall be forfeited in its entirety if a franchised solid
waste enterprise is not used to handle, remove and dispose of all
construction and demolition wastes.
If the Building Official finds that the work described in an application for a
building or demolition permit and the plans, specifications and other data
filed therewith conform to the requirements of this Code and the technical
codes and other pertinent laws and ordinances, and that the fees specified
in Section 109 have been paid and that a franchised solid waste
enterprise is being used, the Building Official shall issue a permit therefor
to the applicant. Prior to any construction or demolition activities
authorized by the permit, the permittee shall notify the Public Works
Department no less than twenty-four (24) hours or more than seventy-two
(72) hours in advance of its intent to commence construction or demolition
and provide the name of the franchised solid waste enterprise that will
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Ordinance No. 2024-
Page 3 of 4
haul and dispose of the construction and demolition wastes. Any hauling
or disposal of demolition and construction wastes by other than the
identified franchised solid waste enterprise shall subject the project to
suspension of work as authorized in this Code and subject the deposit to
forfeiture.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2024-
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 23rd day of April, 2024, and adopted on the 14th day of
May, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ZCA, C �--�
AARON C. HARP, CITY ATTORNEY
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Attachment D
Redlined Amended Newport Beach Municipal Code Section 15.02.085
(Addition of Section 105.3.1.1)
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Newport Beach Municipal Code Page 1/1
Chapter 15.02 ADMINISTRATIVE CODE Section 15.02.085
Chapter 15.02.085
Addition of Section 105.3.1
15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and demolition waste permits. Prior to issuance of a building permit for
construction having a valuation over $100,000 or a demolition permit for complete demolition of a structure,
the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste. A permit deposit, set by Resolution of the
City Council, shall be paid at the time of submitting the building or demolition permit application and the
Construction and Demolition Waste Certification and Deposit Form. Said deposit shall be returned to the
permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the
construction or demolition project, upon the submittal of documentation that a franchised solid waste
enterprise was used to handle, remove and dispose of all construction and demolition wastes. The permit
deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove
and dispose of all construction and demolition wastes.
If the Building Official finds that the work described in an application for a building or demolition permit and
the plans, specifications and other data filed therewith conform to the requirements of this Code and the
technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have
been paid and that a franchised solid waste enterprise is being used, the Building Official shall issue a
permit therefor to the applicant. Prior to any construction or demolition activities authorized by the permit,
the permittee shall notify the Public Works Department no less than twenty-four (24) hours or more than
seventy-two (72) hours in advance of its intent to commence construction or demolition and provide the
name of the franchised solid waste enterprise that will haul and dispose of the construction and demolition
wastes. Any hauling or disposal of demolition and construction wastes by other than the identified
franchised solid waste enterprise shall subject the project to suspension of work as authorized in this Code
and subject the deposit to forfeiture.
(Ord. 2023-22 § 692, 2023; Ord. 2022-26 § 1, 2022)
The Newport Beach Municipal Code is current through Ordinance 2023-22, passed November 28, 2023.
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