HomeMy WebLinkAbout2021-25 - Amending Chapter 6.04 (Garbage, Refuse and Cuttings), Chapter 6.06 (State Mandated Municipal Solid Waste Diversion Programs), and Chapter 14.17 (Water-Efficient Landscaping) of the Newport Beach Municipal Code Necessary to Implement Senate BillORDINANCE NO. 2021-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 6.04 (GARBAGE, REFUSE AND CUTTINGS),
CHAPTER 6.06 (STATE MANDATED MUNICIPAL SOLID
WASTE DIVERSION PROGRAMS), AND CHAPTER 14.17
(WATER -EFFICIENT LANDSCAPING) OF THE NEWPORT
BEACH MUNICIPAL CODE NECESSARY TO IMPLEMENT
SENATE BILL 1383 (SHORT-LIVED CLIMATE
POLLUTANT REDUCTION ACT OF 2016) STATE
MANDATES
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("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, Assembly Bill 341 of 2011 requires businesses and multi -family
property owners that generate a specified amount of solid waste to arrange for recycling
services and the City to implement a mandatory commercial recycling program;
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi -family
property owners that generate a specified amount of solid waste, recycling, and organic
waste per week to arrange for recycling services for that waste and requires the City to
implement a recycling program to divert organic waste;
WHEREAS, Senate Bill 1383, the Short -Lived Climate Pollutant Reduction Act of
2016, establishes methane gas emission reduction targets in a number of ways
including requiring residences and commercial businesses to participate in organic
waste collection and reduction programs; and
WHEREAS, this ordinance implements the requirements of Senate Bill 1383.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Ordinance No. 2021-25
Page 2 of 4
Section 1: Section 6.04.010 (Purpose and Intent), Section 6.04.020
(Definitions), Section 6.04.060 (Collection of Solid Waste), Section 6.04.080 (Solid
Waste and Divertible Material Container and Bulky Item Requirements), Section
6.04.090 (Commercial and Multifamily Bin and Wheeled Cart Requirements), Section
6.04.110 (Accumulation Limitation), Section 6.04.120 (Storage and Placement of
Containers or Bulky Items for Collection), and Section 6.04.130 (Administration of
Collection Service) of the Newport Beach Municipal Code ("NBMC") are hereby
amended as provided in Exhibit "A," which is attached hereto and incorporated herein
by reference. All other provisions of Chapter 6.04 (Garbage, Refuse and Cuttings) shall
remain unchanged.
Section 2: Chapter 6.06 (State Mandated Municipal Solid Waste Diversion
Program) of the NBMC is hereby repealed and replaced in its entirety with Exhibit "B,"
which is attached hereto and incorporated herein by reference.
Section 3: Sections 14.17.005 (Purpose), 14.17.010 (Definitions), 14.17.020
(Applicability) and 14.17.030 (Landscape Water Use Standards) of the NBMC are
hereby amended as provided in Exhibit "C," which is attached hereto and incorporated
herein by reference. All other provisions of Chapter 14.17 (Water -Efficient Landscaping)
shall remain unchanged.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: 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.
Ordinance No. 2021-25
Page 3 of 4
Section 6: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA") in accordance with Sections 15060(c)(2), 15060
(c)(3), 15061(b)(3) and 15308 of the California Code of Regulations Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"). The proposed action is not a project under CEQA, will
not result in a direct or reasonably foreseeable indirect change to the environment and
does not have the potential for causing a significant effect on the environment.
Additionally, the proposed ordinance is categorically exempt in accordance with Section
15308 which exempts actions taken by regulatory agencies, as authorized by state or
local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment. The City's enactment of the proposed ordinance in accordance with the
state mandates on the diversion of solid waste will protect the environment with the
reduction in greenhouse gas emissions.
Section 7: 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.
Section 8: 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.
Ordinance No. 2021-25
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 16th day of November, 2021, and adopted on the 30th
day of November, 2021, by the following vote, to -wit:
AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council
Member Brenner, Council Member Dixon Council Member Duffield
Council Member O'Neill
NAYS:
ABSENT:
ATTEST:
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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AARON C. HARP, CITY ATTORNEY
BF3Ar AVERY, MAYOR
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ATTACHMENT(S): Exhibit A - Chapter 6.04 (Garbage, Refuse and Cuttings)
Exhibit B - Chapter 6.06 (State Mandated Municipal Solid Waste
Diversion Programs)
Exhibit C - Chapter 14.17 (Water -Efficient Landscaping)
ORDINANCE NO. 2021-25
EXHIBIT "A"
TITLE 6
HEALTH AND SANITATION
CHAPTER 6.04
GARBAGE, REFUSE AND CUTTINGS
6.04.010 Purpose and Intent.
6.04.020 Definitions.
6.04.060 Collection of Solid Waste.
6.04.080 Solid Waste and Divertible Material Container and Bulky Item
Requirements.
6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements.
6.04.110 Accumulation Limitation.
6.04.120 Storage and Placement of Containers or Bulky Items for Collection.
6.04.130 Administration of Collection Service.
6.04.010 Purpose and Intent.
The City Council finds and declares that the regulations contained in this chapter are
necessary and appropriate to protect the health, safety and welfare of the citizens of the
City by providing minimum standards for the safe and sanitary collection, storage, and
transportation of solid waste and divertible materials generated within the City.
6.04.020 Definitions.
For the purposes of this chapter, the following words, terms, phrases, and their
derivations have the meanings given herein. Terms defined in Chapter 6.06 shall have
the same meanings herein unless expressly defined in this chapter. When consistent with
the context, words used in the present tense include the future tense, and words in the
singular number include the plural number.
"Beach" means and includes all the shore of the Pacific Ocean lying southerly of the most
southerly line of the public street nearest and parallel to the ocean and all the shore of
the harbor and any bay or channel in the City.
"Bin" means an open top, rectangular container with wheels, with attached plastic or metal
lid(s), used for storage of solid waste, recyclable materials, green waste, wood, food
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scraps, construction and demolition debris or other materials, that is provided by the City
or a waste hauler authorized by the City.
"Cart" means a solid waste, recyclable materials, green waste or food scraps container
with a hinged lid and wheels collected by an automated or semi -automated truck, which
come in a variety of sizes including, but not limited to, a capacity of twenty-two (22) to
twenty-five (25) gallons, thirty-two (32) to thirty-five (35) gallons, sixty-two (62) to sixty-
five (65) gallons and ninety (90) to ninety-five (95) gallons, that is provided by the City or
a waste hauler authorized by the City.
"Garbage, refuse, and cuttings" shall have the same definition as set forth in the
applicable portions of Ordinance 1403, adopted on November 8, 1971, and Ordinance
1558 adopted March 25, 1974.
"Green waste" means trimmings from trees or shrubs, plants, grass cuttings, or removed
or discarded branches, shrubs, plants, leaves or other materials generated from
landscapes or gardens.
"Municipal solid waste" or "MSW' means putrescible and nonputrescible solid and
semisolid wastes generated in or upon, related to the occupancy of, remaining or
emanating from any premises within City including, but not limited to, garbage, trash,
rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or
animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of
this chapter, "municipal solid waste" does not include recyclable materials, food scraps,
green waste, wood waste or construction and demolition debris which shall be separated
and segregated from municipal solid waste for diversion and/or (1) hazardous waste or
household hazardous waste, (2) low-level radioactive waste regulated under California
Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which
is regulated pursuant to the Medical Waste Management Act, California Health and Safety
Code Sections 117600, et seq.
"Public solid waste container" and "public recyclable material container" shall mean all
solid waste and divertible/recyclable material containers suitable for the storage and
collection of solid waste or divertible/recyclable material which are procured, placed and
maintained on public property in accordance with this chapter.
"Recyclable material" or "recyclables" means material which otherwise would become, or
be treated as, municipal solid waste but which, by means of a process of collecting,
sorting, cleansing, treating, and/or reconstructing, may be returned to the economic
mainstream in the form of finished or source material for new, reused or reconstituted
products, which may be used in the market place. "Recyclable material" includes single -
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stream recyclable materials and single material recyclables. Recyclable materials
includes, but is not limited to, paper, books, magazines, cardboard boxes, plastics,
metals, glass, and other similar materials authorized by the City for collection. Recyclable
material does not include green waste, wood waste, food scraps or construction and
demolition debris.
6.04.060 Collection of Solid Waste and Divertible Materials.
A. All solid waste or divertible materials placed in the vicinity of any curb or alley for
collection purposes shall become the property of the City, a sanitary district, or a private
collector licensed or contracted by the City.
B. No person, except an individual acting within the course and scope of their agency
or employment with the City, a sanitary district, or a private collector licensed or
contracted by the City, shall remove from any place or premises in the City, or transport
over public streets, any solid waste, or divertible materials.
C. No person shall enter onto private property for the purpose of collecting or
inspecting solid waste or divertible material except the owner, occupant, manager, person
in control of the premises, or a person employed to do so by the City, a sanitary district,
or private collector licensed or contracted by the City to perform this service who is then
acting within the course and scope of their agency or employment.
D. No person shall knowingly aid and abet another person in committing a violation
of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting
another person in committing a violation of subsection (A), (B), or (C) of this section if the
person knows of the other person's unlawful purpose and the person specifically intends
to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's
commission of a violation of subsection (A), (B), or (C) of this section.
E. The provisions of this section shall not prohibit:
1. Any person, with the permission and consent of the property owner, from
gathering and removing solid waste, construction and demolition debris, green
waste and/or wood waste generated by construction, landscaping or gardening on
the property when the solid waste and/or divertible material have not been set out
for collection by the City, a sanitary district, or a private collector licensed or
contracted by the City; provided, that such activities are in compliance with all
provisions of this Code including, but not limited to, the provisions of Chapter 6.06;
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2. Any person from removing solid waste generated on property owned or
controlled by that person;
3. The immediate removal by any person of solid waste, food scraps, and
other divertible material which the Health Officer, Code Enforcement Supervisor,
City Manager or his/her designee, Fire Chief, Building Official or their agents have
determined to constitute a nuisance or an immediate threat to the public health,
safety and welfare;
4. Any entity, person or organization from collecting recyclables that have
been donated or sold to such entity by the person owning or controlling the
premises where the recyclables were generated, in any manner which does not
conflict with this chapter or any other provision of this Code; or
5. Any person engaged in the business of destruction of secret, confidential or
sensitive documents from collecting, shredding, destroying, recycling and/or
disposing of those documents, provided the transport of the documents is
incidental to the document destruction or disposal service.
6.04.080 Solid Waste and Divertible Material Container and Bulky Item
Requirements.
A. Container requirements for solid waste and divertible material vary throughout the
City depending upon location and the solid waste and divertible material collector
servicing the area. If a container is collected by automated equipment, the container shall
not exceed the weight limit provided on the container, including contents. If a container is
collected without automated equipment, the container shall not exceed fifty (50) pounds
in weight, including contents. All solid waste and divertible material set out for collection
shall satisfy one or more of the following requirements:
1. All municipal solid waste and divertible material shall be placed in a
container provided by a permitted contractor or allowed by, the City, for use in the
specific area the container is provided or used. Materials placed inside a container
shall allow complete closure of the lid of the container, otherwise, such materials
shall be considered noncontainerized. Solid waste or divertible material—with the
exception of bulky items— shall not be placed on the ground, in a bag, or in a box;
2. Bulky item collection (e.g., an item that does not fit within an approved
container) varies according to the agreement the City, a sanitary district, or a
private community has with a private collector licensed, permitted or contracted by
the City. Bulky items shall be placed in accordance with the bulky item collection
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rules and regulations specific to the various areas of the City, which shall be posted
on the City's website.
B. No person shall place any municipal solid waste, divertible material or bulky item
on public property for collection unless the municipal solid waste and/or divertible
materials are in a container that fully complies with subsection (A) of this section.
6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements.
Any person who owns, leases, controls, or has charge of any business or multifamily
dwelling, which utilizes commercial solid waste bins or wheeled carts for the storage of
solid waste, recyclables, green waste, wood waste, food scraps and/or construction and
demolition debris shall ensure:
A. The bin and/or wheeled cart is equipped with a lid or cover sufficient to prevent:
1. Odor from escaping the container;
2. Flies and other insects from coming into contact with the contents of the
container;
3. The contents from leaving the interior of the container; and
4. Rain or water from entering the interior of the container.
B. The frequency of collection of solid waste, green waste, wood waste and food
scraps accumulated in the bins and wheeled carts is consistent with the timeframes set
forth in Chapter 6.06. Commercial businesses and multifamily dwellings may place baled
cardboard, other baled divertible materials, and flattened cardboard in piles or stacks on
loading docks, in container enclosures, and beside or near containers if authorized by the
City, a permitted contractor or recyclable materials collector. Piles or stacks of cardboard
shall not be placed on top of carts or bins.
C. Each bin and cart is maintained in a clean and sanitary manner.
D. The lids to the bins or wheeled carts are closed at all times except when solid waste
or divertible material is being deposited, the storage area is clean and free of trash and
debris, and all oil, grease, fluid and other items are contained within the bin or wheeled
cart storage area.
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E. The storage area is cleaned or power washed, as needed, to keep the area free of
grease, oils, fluids, stains or odors.
6.04.110 Accumulation Limitation.
No person who owns, leases, controls, occupies or has charge of any premises shall
permit solid waste, green waste, wood waste or food scraps to accumulate for a period in
excess of one calendar week, or recyclables to accumulate for a period in excess of
fourteen days.
No person shall fail, refuse or neglect to place such solid waste and divertible material for
collection in accordance with schedules established therefor, the provisions of this
chapter, the provisions of Chapter 6.06, and rules and regulations established pursuant
thereto.
6.04.120 Storage and Placement of Containers or Bulky Items for Collection.
A. Storage of Containers or Bulky Items. Containers or bulky items shall be stored in
a garage, carport, trash enclosure, or in the side yard, and beyond a line drawn parallel
to the alley from the corner of the building closest to the alley to the adjacent property line
except when the containers or bulky items are placed out for collection.
B. Placement for Collection.
1. Containers or bulky items shall be placed for collection in a location easily
accessible to the solid waste and divertible material collector such as the streetside
of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb
line. Containers or bulky items shall be placed in the street in a manner that does
not impede traffic.
2. If solid waste is collected from an alley abutting the premises, containers or
bulky items shall be placed for collection as close to the alley property line as
feasible and on private property. In any alley where a yellow line has been painted
by City to demarcate private from public property, containers or bulky items shall
be placed adjacent to the yellow line on the private property side. Containers or
bulky items shall not be placed more than eight feet onto private property as
measured from the alley property line or placed in a manner which could obstruct
vehicular travel through the alley.
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3. Unless an exception applies or other arrangements have been made with
the solid waste and divertible material collector serving an area, containers or bulky
items shall not be considered placed for collection and solid waste and divertible
material will not be collected unless the containers or bulky items are removed
from any enclosure, structure, cabinet, cart or shelf.
4. Containers or bulky items shall be placed for collection at residences before
6:30 a.m. on collection days and at businesses before 5:00 a.m. Containers or
bulky items shall not be placed for collection at residences or businesses earlier
than 7:00 p.m. the day preceding the collection day, and containers shall be
relocated to their required storage place as soon as possible after collection, but
no later than 6:30 p.m. of the day of collection.
C. The owner and tenant shall be responsible for the placement of containers or bulky
items; provided, however, the occupant of any dwelling unit for which a short-term lodging
permit has been issued by the City shall not be responsible for compliance with this
section.
6.04.130 Administration of Collection Service.
The City Manager or designated representatives shall administer the provisions of this
chapter. In carrying out this responsibility, he or she shall have the following powers and
duties:
A. Establish the routes, hours and days of collection and he or she may change the
same as he or she deems necessary, and shall give notice of such routes, hours, days
and changes as seems advisable.
B. Establish rules and regulations consistent with this chapter governing storage,
collection and disposal of solid waste and collection and diversion of recyclables, green
waste, wood, food scraps and other material including the determination of standards and
specifications for approved containers and the placement of containers. The rules may
permit special containers or bins when the quantity or the nature of the material to be
collected so requires.
C. Establish additional rules and regulations consistent with this chapter as may be
necessary, reasonable and proper to effect the sanitary, expedient, economical and
efficient collection, removal and disposal of solid waste and diversion of recyclables,
green waste, wood, food scraps and other materials.
ORDINANCE NO. 2021-25
EXHIBIT "B"
TITLE 6
HEALTH AND SANITATION
CHAPTER 6.06
STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS
6.06.005 Purpose and Intent.
6.06.010 Definitions.
6.06.020 Diversion of Recyclable Materials.
6.06.030 Diversion Requirements for SB 1383 Single -Family Generators.
6.06.040 Diversion Requirements for SB 1383 Commercial Generators.
6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover
Prohibited.
6.06.060 Full Participation in Diversion Programs Required.
6.06.070 Self -Hauler Requirements.
6.06.080 Reporting, Inspections, and Compliance Verification.
6.06.090 Tenant Participation in Diversion Programs.
6.06.100 Diversion Programs Required at Special Events.
6.06.110 Requirements for Commercial Edible Food Generators.
6.06.120 Requirements for Food Recovery Organizations and Services,
Jurisdictions, and Regional Agencies.
6.06.130 Requirements for Waste Haulers, Facility Operators and Community
Composting Operations.
6.06.140 Waivers.
6.06.150 Enforcement.
6.06.160 Disclaimer of Liability.
6.06.005 Purpose and Intent.
The City Council finds and declares that the regulations contained in this chapter are
necessary and appropriate to protect the health, safety and welfare of the citizens of the
City by providing minimum standards for the safe and sanitary collection, storage, and
transportation of solid waste, food scraps, green waste, wood and recyclable materials
generated within the City and the diversion of food scraps, green waste, wood and
recyclable materials from the landfill.
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6.06.010 Definitions.
For the purposes of this chapter, the following words, terms, phrases, and their
derivations have the meanings given herein. Terms defined in Chapter 6.04 shall have
the same meanings herein unless expressly defined in this chapter. Any undefined term
shall have the same meaning as that term is defined in the City's agreement(s) with solid
waste haulers for the disposal of residential and commercial municipal solid waste and
divertible materials and Chapter 3 of Title 14 of the California Code of Regulations. In the
event of any inconsistency between the definitions in the City's agreement(s) and the
California Code of Regulations, the City's agreement(s) with solid waste haulers for the
disposal of residential municipal solid waste and divertible materials shall apply. When
consistent with the context, words used in the present tense include the future tense, and
words in the singular number include the plural number.
"AB 341 dirty materials recovery facility" or "AB 341 dirty MRF" means a facility, or that
certain portion of a facility, that processes municipal solid waste to separate recyclable
materials for sale to end users.
"AB 341 generator" means all municipal solid waste generators required by AB 341 to
divert recyclable materials generated on site from disposal, including: (A) all businesses
located and operating within the City, and the responsible parties, property owners,
owners, operators, property managers, tenants and lessees of same, that generate four
or more cubic yards of municipal solid waste per week; including, but not limited to, retail
stores, restaurants, offices, supermarkets, convenience stores, malls, strip malls, service
businesses, hospitals, assisted living facilities, and Federal, State and local government
facilities; (B) multifamily residential dwellings consisting of five units or more regardless
of the amount of municipal solid waste generated; (C) the City, its facilities, and its
nonresidential properties; and (D) special events that take place within the City that
generate four or more cubic yards of municipal solid waste per event, whether or not
sponsored by the City.
"Alternative daily cover" or "ADC" means cover material other than earthen material
placed on the surface of the active face of a municipal solid waste landfill at the end of
each operating day to control vectors, flies, fires, odors, blowing litter and scavenging.
"CalRecycle" means the California Department of Resources Recycling and Recovery or
any successor agencies.
"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR
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Section 18982(a)(6). A multi -family residential dwelling that consists of fewer than five
units is not a commercial business for purposes of implementing this ordinance.
"Commercial edible food generator" means a tier one commercial edible food generator
or tier two commercial edible food generator or as otherwise defined in 14 CCR Section
18982(a)(73) and (a)(74). For 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 appliance" means an enclosed on-site device that utilizes aerobic microbial
digestion of food scraps.
"Construction and demolition debris" and/or "C&D" means all inert material of every nature,
description or kind, which has resulted from the building or demolition of a structure,
pavements, sidewalks, curbs, gutters and other concrete structures, including all lumber
scraps, shingles, plaster, sheetrock, packaging, rubble, brick, stone, concrete, asphalt,
dirt, rock and other building materials.
"Container" means any object designed and used to hold or store municipal solid waste,
recyclable materials, food scraps, green waste, or construction and demolition debris.
"Container" includes, but is not limited to, carts, bins, open top roll off boxes, and
compactors.
"Contamination" means materials which are not specified for collection in particular carts
or for processing at any processing facility and which would either interfere with such
processing or reduce the quality and value of recovered materials. For example, metals
and plastics constitute "contamination" if placed in a cart designated for food scraps and
green waste. Tree trimmings constitute "contamination" if placed in a cart designated for
recyclable materials. Contamination of municipal solid waste means the presence of
divertible materials in the cart designated for municipal solid waste such as recyclable
materials, food scraps, and/or yard trimmings.
"Director" means the Director of the Public Works Department or his or her designee.
"Diversion" or "divert" means any combination of recycling, sorting, composting and/or
other processing activities conducted at a clean materials recovery facility, a compost
facility, an anaerobic digestion facility, a bioengineered feedstock facility, a construction
and demolition debris processing facility or another City -approved processing facility in
order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution
or otherwise return the materials to the economic marketplace and to prevent the
materials from being disposed of in a landfill.
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Tivertible materials" or "divertible" means recyclable materials, food scraps, green waste,
wood, construction and demolition debris, food soiled paper if directed by the City,
electronic waste, universal waste, and all other materials that may be diverted from landfill
disposal and includes, but is not limited to, all materials required to be diverted from landfill
disposal by the City, CalRecycle or any State or Federal agency.
"Edible food for human consumption" or "edible food" means food that has been prepared
but not served, and includes but is not limited to: any appetizer, soup, salad, entree,
dessert, raw fruit and vegetables that may or may not have been sliced, grated, cooked,
baked or otherwise prepared for consumption but not served; any packaged sandwich,
salad, fruit and fruit salad; and other nonserved food that meets State and local
requirements as being edible for human consumption.
"Food distributor" means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores.
"Food facility" shall have the same meaning as that term is defined in Section 113789 of
the California Health and Safety Code.
"Food recovery" shall have the same meaning as that term is defined in 14 CCR Section
18982(a)(24).
"Food recovery organization" means an entity that collects or receives edible food from
commercial edible food generators and distributes that edible food to the public for food
recovery either directly or through other entities, including, but not limited to a: (1) food
bank as defined in Section 113783 of the Health and Safety Code; (2) nonprofit charitable
organization as defined in Section 113841 of the Health and Safety code; and, (3)
nonprofit charitable temporary food facility as defined in Section 113842 of the Health and
Safety Code. For purposes of this chapter, a food recovery organization is not a
commercial edible food generator for the purposes of this chapter.
"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. For purposes of this chapter, a food recovery service is not a
commercial edible food generator.
"Food scraps" means discarded material resulting from the production, processing,
preparation or cooking of food for human consumption that is separated from municipal
solid waste and includes surplus or unsold edible food, raw food left over after food
preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and
plate scrapings. Food scraps include, food from food facilities as defined in California
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Health and Safety Code Section 113789, food processing establishments (as defined in
California Health and Safety Code Section 111955), grocery stores, farmer's markets,
institutional cafeterias (such as schools, hospitals and assisted living facilities),
restaurants, and residential food scraps. For purposes of this chapter, "food scraps" does
not include edible food for human consumption that is donated or sold or food soiled
paper.
"Food service provider" shall have the same meaning as that term is defined in 14 CCR
Section 18982(a)(27).
"Food soiled paper" means paper towels, tissue products, paper napkins, paper plates
and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and
containers, greasy pizza boxes, paper bags, cardboard and wax -coated cardboard
produce boxes that are contaminated with food scraps. For purposes of this chapter, "food
soiled paper" does not include aluminum foil, foil -lined wrap, plastic wrap, polystyrene,
expanded polystyrene or diapers.
"Generator" means an AB 341 generator or SB 1383 generator.
"Grocery store" means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruit 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).
"Large event" means an event that charges an admission price, or is operated by a local
agency, and serves an average of 2,000 or more individuals per day of operation of the
event, at a location including, but 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.
"Large venue" means a permanent venue facility that annually seats or serves an average
of 2,000 or more individuals per day of operation of the venue facility. For purposes of
this Chapter, 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, 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.
"Local education agency" means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to municipal
solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multifamily residential dwelling" or "multi -family" means of, from, or pertaining to
residential premises with five or more dwelling units. Multi -Family premises do not include
hotels, motels, or other transient occupancy facilities, which are considered commercial
businesses.
"Municipal solid waste" or "MSW' means putrescible and nonputrescible solid and
semisolid wastes generated in or upon, related to the occupancy of, remaining or
emanating from any premises within City including, but not limited to, garbage, trash,
rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or
animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of
this chapter, "municipal solid waste" does not include recyclable materials, food scraps,
green waste, wood waste or construction and demolition debris which shall be separated
and segregated from municipal solid waste for diversion and/or (1) hazardous waste or
household hazardous waste, (2) low-level radioactive waste regulated under California
Health and Safety Code Sections 114960, et seq. or (3) untreated medical waste which
is regulated pursuant to the Medical Waste Management Act, California Health and Safety
Code Sections 117600, et seq.
"Permitted processing facility" means a processing facility for diverted materials that holds
all required Federal, State, and local permits and is operating in accordance with all permit
requirements including, but not limited to, materials recovery facilities (clean MRFs),
mixed waste processing materials recovery facilities (dirty MRFs), composting facilities,
anaerobic digestion facilities, publicly owned treatment works that accept food scraps
and/or bioengineered feedstock for digestion, and processing facilities for construction
and demolition debris.
"Recyclable materials" shall have the same meaning as that term is defined in Section
6.04.020.
"Responsible party" means property owners, business owners, property managers,
property management firms and business managers as well as the person(s) that
subscribes to and pays for municipal solid waste and/or divertible materials collection
service for a premises or business located within the City, or that otherwise arranges for
removal of municipal solid waste and/or divertible material from the business premises
and that has the legal authority to compel generators to comply with the requirements of
this chapter.
"Self -hauler" means a person, who transports municipal solid waste, food scraps, green
waste and/or recyclable materials by the person who generated the municipal solid waste,
food scraps, green waste and/or and/or recyclable materials, or by the owner or manager
of a premises at which the materials and/or municipal solid waste were generated to
another person. Self -hauler also includes a person who back -hauls waste, or as otherwise
defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting
waste to a destination owned and operated by the generator using the generator's own
employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
"SB 1383 generator" means all entities that generate food scraps, green waste, wood and
other material that can be collected, recovered, and recycled into new products including
compost, biofuel, or electricity, as codified in Public Resources Code Section 42652, in a
Statewide effort to reduce emissions of short-lived climate pollutants as amended,
supplemented, superseded, and replaced from time to time.
"Single-family" means of, from, or pertaining to any residential premises with fewer than
five units.
"Special event" means a temporary gathering for a specific event or purpose such as
concerts, fairs, festivals, swap meets, athletic events, boat shows, fireworks displays, and
outdoor weddings, which requires a Level 2 or Level 3 City permit pursuant to
Chapter 11.03.
"Tier one commercial edible food generator" means a commercial edible food generator
that is a supermarket, grocery store with a total facility size equal to or greater than 10,000
square feet, food service provider, food distributor, or wholesale food vendor. If the
definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator
differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
"Tier two commercial edible food generator" means a commercial edible food generator
that is a restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet; hotel with an on-site food facility and 100 or more beds; health facility
with an on-site food facility and 100 or more beds; large venue; large event; State agency
with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater
than 5,000 square feet; or local education agency facility with an on-site food facility.
"Wholesale food vendor" shall have the same meaning as that term is defined in 14 CCR
Section 18982(a)(76).
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"Wood waste" or "wood" means all nonhazardous wood material that is not painted with
lead-based or other paints containing materials identified as hazardous, or treated with
creosote or other hazardous materials and includes, but is not limited to, tree branches
and other wood trimmings, dimensional lumber and other pieces of wood generated
during the manufacture or processing of wood products, and the wood debris from
construction and demolition activities.
6.06.20 Diversion of Recyclable Materials.
A. An AB 341 generator shall divert all recyclable materials generated at their
premises by one or more of the following methods, and shall fully participate in the
method(s) selected:
1. Separate all recyclable materials from other municipal solid waste and
subscribe to a recyclable materials collection service a minimum of once a week
from a City -authorized franchisee and fully participate in the diversion program
provided by the franchisee;
2. Separate recyclable materials from other municipal solid waste; and
a. Self -haul the recyclable materials to a permitted recycling center or a
permitted processing facility for diversion; or
b. Donate or sell the recyclable materials to a recycling business that
collects and/or accepts the materials for recycling as described in
Section 12.63.150(B), and/or
3. Subscribe to a recycling service offered by a City -authorized franchisee that
uses a City -approved AB 341 dirty MRF to separate recyclable materials from
other municipal solid waste that yields diversion results comparable to source
separation.
B. For purposes of this section, to be considered as fully participating while utilizing
a City -authorized franchisee, an AB 341 generator shall comply with all requirements in
Section 6.06.060 or subscribe to a recycling service offered by a City -authorized
franchisee that uses a City -approved AB 341 dirty MRF to separate recyclable materials
from other municipal solid waste that yields diversion results comparable to source
separation.
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6.06.030 Diversion Requirements for SB 1383 Single -Family Generators.
Except SB 1383 single-family generators that meet the self -hauler requirements
in Section 6.06.070, an SB 1383 single-family generator shall comply with the following
requirements:
A. Subscribe to the City's waste collection services and comply with the
requirements described in subsection (B) of this section. The City shall have the right
to review the number and size of a SB 1383 single-family containers to evaluate
adequacy of capacity provided for each type of collection service for proper separation
of materials and containment of materials; and single-family generators shall adjust the
collection service levels as requested by the City. SB 1383 single-family generators
may additionally manage waste by preventing or reducing their food scraps, green
waste, and wood waste, managing such waste on-site, and/or using a community
composting site pursuant to 14 CCR Section 18984.9(c); and
B. Participate in the City's divertible materials collection services by placing food
scraps in the container designated for food scraps, recyclable materials in the container
designated for recyclable materials, green waste and wood waste in the designated
container, and all other municipal solid waste in the designated container. For purposes
of this section, to be considered as fully participating while utilizing a City -authorized
franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060.
6.06.040 Diversion Requirements for SB 1383 Commercial Generators.
Generators that are SB 1383 commercial businesses, including multi -family residential
dwellings, shall:
A. Subscribe to the City's waste collection services for all such waste generated and
comply with requirements of those services as described in subsection (B) of this section,
except for SB 1383 commercial generators that meet the self -hauler requirements in
Section 6.06.070.
The City shall have the right to review the number and size of a SB 1383 commercial
generator's 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. Commercial businesses shall adjust their service level for their
collection services as requested by the City, separate all recyclable materials from other
municipal solid waste and subscribe to a recyclable materials collection service through
a City -authorized franchisee a minimum of once a week;
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B. Except commercial businesses that meet the self -hauler requirements in Section
6.06.070, participate in the City's divertible materials collection service(s) by placing food
scraps in the container designated for food scraps, recyclable materials in the container
designated for recyclable materials, green waste and wood waste in the designated
container, and all other municipal solid waste in the designated container. For purposes
of this section, to be considered as fully participating while utilizing a City -authorized
franchisee, an SB 1383 generator shall comply with all requirements in Section 6.06.060.
6.06.050 Use of Green Waste and/or Wood Waste as Alternative Daily Cover
Prohibited.
A. Any person collecting green waste or wood waste in City shall compost the green
waste and/or wood waste on site or deliver the green waste and/or wood waste to a
permitted green waste and/or wood waste processing facility for diversion.
B. No generator of green waste and/or wood waste shall permit any green waste or
wood waste collected in City to be used as alternative daily cover at a landfill as an end
use including, but not limited to, green waste and wood waste processed at a permitted
processing facility.
6.06.060 Full Participation in Diversion Programs Required.
A generator shall fully participate in the diversion program(s) the generator selects for
their premises such that all the following requirements are met:
A. Except commercial businesses that meet the self -hauler requirements in Section
6.06.070, participate in the City's food scraps, green waste and recyclable materials
collection services by placing food scraps and waste including food scraps in the
designated container designated for green waste, recyclable materials in the container
designated for recyclables, and all other municipal solid waste in the designated container.
B. Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors that clearly identify the designated container(s)
for food scraps, green waste, recyclable materials, and all other municipal solid waste
for employees, contractors, tenants, and customers. If self -hauling, the SB 1383
commercial business shall comply with the self -hauler requirements set forth in Section
6.06.070.
C. Excluding multi -family residential dwellings, provide containers for the collection of
food scraps, green waste and recyclable materials in all indoor and outdoor areas where
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disposal containers are provided for customers, for materials generated by that business.
Such containers are not required in restrooms. If a commercial business does not
generate any of the materials that would be collected in one type of container, then the
commercial business does not have to provide that particular container in all areas where
disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the
collection service provided by the City or its authorized solid waste franchise
hauler, with either lids conforming to the color requirements or bodies conforming
to the color requirements or both lids and bodies conforming to color requirements.
A commercial business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the
requirements of the subsection prior to the end of the useful life of those containers,
or prior to January 1, 2036, whichever comes first, and
2. 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, the container labeling requirements are
required on new containers commencing January 1, 2022.
D. Multi -family residential dwellings are not required to comply with container
placement requirements or labeling requirement in subsection (C) of this section,
pursuant to 14 CCR Section 18984.9(b).
E. To the extent practical through education, training, inspection, and/or other
measures, excluding multi -family residential dwellings, prohibit employees from placing
materials in a container not designated for those materials or, if self -hauling, per the
commercial business' instructions to support its compliance with its self -haul program in
accordance with Section 6.06.070.
F. Excluding multi -family residential dwellings, periodically inspect food scraps, green
waste, recyclable materials and municipal 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).
G. Annually provide information to employees, contractors, tenants, and customers
about food scraps and green waste recovery requirements and proper sorting of food
scraps, green waste and recyclable materials.
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H. Provide education information before or within fourteen days of occupation of the
premises to new tenants that describes requirements to keep food scraps, green waste
and recyclable materials separate from municipal solid waste, when applicable, and the
location of containers and the rules governing their use at each property.
I. Provide or arrange access for the City or its agent to their properties during all
inspections to confirm compliance with the requirements of this chapter.
J. If a commercial business self -hauls, the commercial business shall meet the self -
hauler requirements in Section 6.06.070.
K. Nothing in this section prohibits a generator from preventing or reducing waste
generation, managing food scraps and green waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
L. Commercial businesses that are tier one or tier two commercial edible food
generators shall comply with food recovery requirements pursuant to Sections 6.06.110
and 6.06.120.
6.06.070 Self -Hauler Requirements.
A. Self -haulers shall source separate all recyclable materials, food scraps and green
waste generated on-site from municipal solid waste in a manner consistent with 14 CCR
Sections 18984.1 and 18984.2, or shall haul recyclable materials, food scraps and green
waste to a high diversion organic waste processing facility as specified in 14 CCR Section
18984.3.
B. Self -haulers shall haul their recyclable materials to a facility that recovers those
materials; and/or food scraps and green waste to a solid waste facility, operation, activity,
or property that processes or recovers said waste. Alternatively, self -haulers may haul
food scraps and green waste to a high diversion organic waste processing facility.
C. Self -haulers that are commercial businesses (including multi -family residential
dwellings) shall keep a record of the amount of recyclable material, food scraps and green
waste delivered to each solid waste facility, operation, activity, or property that processes
or recovers said waste; this record shall be subject to inspection by the City. The records
shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste;
2. The amount of material in cubic yards or tons transported by the generator
to each entity; and
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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 waste.
D. A residential SB 1383 generator that self -hauls waste, recyclable materials, food
scraps or green waste is not required to record or report information in subsections (B)
and (C) above.
6.06.080 Reporting, Inspections, and Compliance Verification.
A. The City's representatives and/or designee 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 ordinance by AB 341
generators, SB 1383 generators, property owners, commercial edible food generators,
haulers, self -haulers, food recovery services, and food recovery organizations, subject
to applicable laws. This section does not authorize the City or its designees to enter the
interior of a private residential property for inspection.
B. Generators shall provide or arrange for access during all inspections (with the
exception of residential property interiors) and shall cooperate with the City's employee
or its designee during such inspections and investigations. Such inspections and
investigations may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement of this ordinance
described herein. Failure 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 ordinance
and may result in penalties described.
C. Any records obtained by the City 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. The City's representatives and/or designee are authorized to conduct any
inspections, or other investigations as reasonably necessary to further the goals of this
ordinance, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may
be potentially non-compliant, including receipt of anonymous complaints.
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6.06.090 Tenant Participation in Diversion Programs.
A property owner of a multifamily residential dwelling, mall, strip mall or other commercial
building shall require tenants and lessees to separate the divertible materials generated
in the unit or space they occupy from municipal solid waste and place the divertible
materials in designated containers described in Section 6.06.060 for each type of material
to aid in compliance with this chapter.
6.06.100 Diversion Programs Required at Special Events.
A. The promoter, coordinator or responsible party for a Level 2 or 3 special event
pursuant to Chapter 11.03 shall provide sufficient containers to handle all municipal solid
waste, recyclable materials and food scraps from the event and shall ensure the proper
storage, collection and diversion of recyclable materials and food scraps.
B. The responsible party shall, as part of the application for a Level 2 or 3 special
event permit, submit an implementation plan for the handling and diversion of recyclable
materials and food scraps generated at the event that meets the requirements of this
section and submit a deposit of two hundred fifty dollars ($250.00) for a Level 2 event or
a deposit of five hundred dollars ($500.00) for a Level 3 event with the application.
C. The promoter, coordinator or responsible party shall provide three types of
containers at appropriate locations at the special event to facilitate the source separation
of municipal solid waste, recyclable materials and food scraps by event employees,
vendors and attendees. The three types of containers shall:
1. Be appropriate in number and size with respect to the quantity of municipal
solid waste, recyclable materials, and food scraps anticipated to be generated at
the special event;
2. Bear appropriate signage to identify the type of materials to be contained
and meet any additional design criteria established by the City; and
3. Be placed together as municipal solid waste, recyclable materials and food
scrap stations throughout the special event venue to provide equally convenient
access to users for disposal of municipal solid waste and diversion of recyclable
materials and food scraps.
D. If the promoter or coordinator determines that vendor booths at the special event
will require municipal solid waste containers, the coordinator, promoter or responsible
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party shall provide the vendor with a set of three containers bearing appropriate signage
to identify the type of material to be contained in each container.
E. The use of public municipal solid waste containers or public recyclable materials
or food scraps containers at special events is prohibited. The promoter, coordinator or
responsible party shall remove or cover all public municipal solid waste, recycling and
food scraps receptacles to prevent their use during the special event.
F. The promoter, coordinator or responsible party shall arrange for collection of all
municipal solid waste, recyclable materials and food scraps at frequencies that prevent
the overflow of said materials from storage containers at the special event. For special
events of more than one day in duration, all municipal solid waste, recyclable materials
and food scraps shall be either collected and transported off site at the end of each day,
or emptied into interim containers (lidded wheeled carts, lidded bins or covered roll off
boxes) at the end of each day as required to prevent odors, vectors and blowing litter.
G. The promoter, coordinator or responsible party shall arrange for collection and
transport of all municipal solid waste to a fully permitted landfill or other fully permitted
disposal site, and shall arrange for collection and transport of all recyclable materials and
food scraps to permitted processing facilities for these materials to be diverted.
H. The promoter, coordinator or responsible party shall obtain weight tickets from the
disposal site and all permitted processing facilities showing the date and weight of the
materials delivered to the facility from the special event.
I. The promoter, coordinator or responsible party shall submit the following
information to the City within thirty (30) calendar days of the end of the special event:
1. Name and date(s) of the special event;
2. Contact information for the responsible party, promoter or coordinator;
3. Address of location where event was held;
4. Number of attendees for each day of the event;
5. Quantity of municipal solid waste collected and disposed;
6. Quantity of recyclable materials collected and diverted;
7. Quantity of food scraps collected and diverted; and
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8. Copies of weight tickets from municipal solid waste disposal facility and all
permitted processing facilities where recyclable materials and food scraps were
delivered.
J. The deposit paid by the promoter, coordinator or responsible party shall be
returned upon City verification that the diversion program was carried out in compliance
with this section. The deposit shall be retained by the City in the event the Director
determines that the solid waste diversion program was not implemented in compliance
with this section.
6.06.110 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.
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;
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 the City or its designee to access the premises and review records
pursuant to 14 CCR Section 18991.4; and
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);
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b. A copy of all contracts or written agreements established under 14
CCR Section 18991.3(b); and
C. A record of the following information for each of those food recovery
services or food recovery organizations:
i. Name, address and contact information of the food recovery
service or food recovery organization;
ii. Types of food that will be collected by or self -hauled to the
food recovery service or food recovery organization;
iii. Established frequency that food will be collected or self -
hauled; and
iv. 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.
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).
6.06.120 Requirements for Food Recovery Organizations and Services,
Jurisdictions, and Regional Agencies.
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. Name, address, and contact information for each commercial edible food
generator from which the service collects edible food;
2. Quantity in pounds of edible food collected from each commercial edible
food generator per month;
3. Quantity in pounds of edible food transported to each food recovery
organization per month; and
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4. Name, address, and contact information for each food recovery
organization that the food recovery service transports edible food for food
recovery.
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. Name, address, and contact information for each commercial edible food
generator from which the organization receives edible food;
2. Quantity in pounds of edible food received from each commercial edible
food generator per month; and
3. Name, address, and contact information for each food recovery service that
the organization receives edible food from for food recovery.
C. 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 generator pursuant to 14 CCR Section 18991.3(b)
shall report to the City it is located in 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) no later March 31, 2022.
D. In order to support edible food recovery capacity planning assessments or other
studies conducted by the County, City, special district 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, 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 shall respond to such request for
information within 60 days, unless a shorter timeframe is otherwise specified by the City.
6.06.130 Requirements for Waste Haulers, Facility Operators and Community
Composting Operations.
A. Requirements for Haulers. Franchisees providing residential, commercial or
industrial waste collection services shall meet the following requirements and standards
as a condition of approval of a contract, agreement, franchise, or other authorization with
the City to collect food scraps, or green waste:
iE1
1. Through written notice to the City annually, in accordance with the City
franchise, on or before June 30, identify the processing facilities to which they will
transport divertible materials.
2. Obtain approval from the City to haul food scraps and/or green waste unless
it is transporting these materials to a community composting site or lawfully
transporting C&D in a manner that complies with 14 CCR Section 18989.1.
3. Comply with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements contained
within its franchise agreement, permit, or license issued by the City and within SB
1383 Regulations.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of processing facilities, operations, and activities that recover food
scraps and green 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.
2. Community composting operators, upon City request, shall provide
information to the City to support food scrap and green waste capacity planning,
including, but not limited to, an estimate of the amount of such waste anticipated
to be handled at the community composting operation. Entities contacted by the
City shall respond within 60 days.
6.06.140 Waivers.
A. De Minimis Waivers. The City may waive an AB 341 generator, SB 1383
commercial generator and/or the underlying property owner's obligation to comply with
some or all of the diversion requirements of this chapter if the generator submits an
application to the City specifying the services that they are requesting a waiver from and
provide documentation that the business generates food scraps, green waste or
recyclable materials below the following thresholds:
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1. For an AB 341 generator, the generator's total solid waste collection service
is adequate for the quantities generated at the premises, and consists of four cubic
yards or more of the business' total waste.
2. For an SB 1383 commercial generator, the commercial business' total
municipal solid waste collection service is two cubic yards or more per week and
organic waste is less than 20 gallons per week of the business' total waste; or
the commercial business' total municipal solid waste collection service is less than
two cubic yards per week and organic waste subject to collection is less than 10
gallons per week of the business' total waste.
In the event the City approves the application for a de minimus waiver, the applicant shall
notify the City if circumstances change such that the thresholds identified above are
exceeded, in which case waiver will be rescinded. Additionally, the applicant shall provide
written verification of eligibility for de minimis waiver every five years, if the City has
approved de minimis waiver.
B. Physical Space Waivers. The City may waive an AB 341, SB 1383 commercial
generator, and/or underlying property owner's obligations (including multi -family
residential dwellings) to comply with some or all of the diversion requirements of this
chapter if the City has evidence as described herein that the premises lack adequate
space for the collection containers required for compliance with the food scraps, green
waste and/or recyclable materials collection requirements.
An AB 341 or SB 1383 commercial generator may request a physical space waiver
through the following process:
1. Submit an application form specifying the type(s) of collection services for
which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for food
scraps, green waste and/or recyclable material containers including
documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the City that it is still eligible for physical space
waiver every five years, if City has approved application for a physical space
waiver.
C. An application for a waiver shall be submitted on a form provided by the Director,
with the application fee, and include all information necessary for the Director to make
his/her decision, including but not limited to documentation specified above. The Director
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may require the applicant to provide additional information to permit the Director to
determine facts regarding the waiver application.
D. The Director may approve, conditionally approve, or deny the waiver application,
in whole or in part.
E. The Director's decision shall be final thirty (30) calendar days after notice is
provided to the applicant in accordance with Section 1.08.080, unless appealed to the
Assistant City Manager within that time frame. Any appeal shall be submitted to the
Assistant City Manager on a form approved by the Assistant City Manager along with the
appeal fee. If appealed, the Assistant City Manager shall complete his/her review and
issue a written decision upholding, overturning or modifying the decision of the Director
within thirty (30) calendar days. The decision of the Assistant City Manager shall be final.
F. A generator granted a waiver by the City is required to reapply prior to the end of
the waiver period and demonstrate continued conditions that warrant the granting of
another waiver for a period of up to one year.
G. The City Council may adopt, by resolution, a fee to recover costs associated with
processing the waiver application and an appeal fee.
6.06.150 Enforcement.
A. Violation of any provision of this Chapter 6.06 shall constitute grounds for issuance
of a Notice of Violation and assessment of a fine by a City Enforcement Official or
representative. Enforcement actions under this ordinance are issuance of an
administrative citation and assessment of a fine. The City's procedures on imposition of
administrative fines are hereby incorporated in their entirety, as modified from time to time,
and shall govern the imposition, enforcement, collection, and review of administrative
citations issued to enforce this ordinance and any rule or regulation adopted pursuant to
this ordinance, except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution
as misdemeanor or infraction. The City may pursue civil actions in the California courts
to seek recovery of unpaid administrative citations. The City may choose to delay court
action until such time as a sufficiently large number of violations, or cumulative size of
violations exist such that court action is a reasonable use of City staff and resources.
C. Enforcement pursuant to this ordinance may be undertaken by the Public
Works Director or his/her designee.
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D. Process for Enforcement.
1. The Public Works Director or his/her designee will monitor compliance with
the ordinance randomly and through compliance reviews, route reviews,
investigation of complaints, and an inspection program. Section 6.06.080
establishes the City's right to conduct inspections and investigations.
2. The City may issue an official notification to notify regulated entities of its
obligations under this chapter.
3. The City shall issue a Notice of Violation requiring compliance within 60
days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the
Notice of Violation, the City shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to Chapter 1.05 (Administrative Code
Enforcement Program).
Notices shall be sent to "owner" at the official address of the owner maintained by
the tax collector for the City or if no such address is available, to the owner at the
address of the dwelling or commercial property or to the party responsible for
paying for the collection services, depending upon available information
E. Penalty Amounts for Types of Violations.
The penalty levels are as set forth in Section 1.05.020 subject to any minimum or
maximum penalty amounts imposed by SB 1383.
F. Compliance Deadline Extension Considerations. The City may extend the
compliance deadlines set forth in a Notice of Violation issued in accordance with this
section if it finds that there are extenuating circumstances beyond the control of the
respondent that make compliance within the deadlines impracticable, including the
following:
1. Acts of God such as earthquakes, wildfires, flooding, and other
emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency
approvals; or
3. Deficiencies in recycling infrastructure or edible food recovery capacity and
the City is under a corrective action plan with CalRecycle pursuant to 14 CCR
Section 18996.2 due to those deficiencies.
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G. Appeals Process. Persons receiving an administrative citation containing a
penalty for an uncorrected violation may request a hearing to appeal the citation pursuant
to Section 1.06.060.
H. Education Period for Non -Compliance . Beginning January 1, 2022 and through
December 31, 2023, the City will conduct inspections, route reviews or waste evaluations,
and compliance reviews, depending upon the type of regulated entity, to determine
compliance, and if the City determines that an food scrap and green waste generator,
self -hauler, hauler, tier one commercial edible food generator, food recovery organization,
food recovery service, or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this ordinance and a notice that
compliance is required by January 1, 2022, and that violations may be subject to
administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non -Compliance. Beginning January 1, 2024, if the City
determines that the SB 1383 generator, 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 this chapter, it shall document the noncompliance or violation,
issue a Notice of Violation, and take enforcement action pursuant to section.
6.06.160 Disclaimer of Liability.
The degree of protection required by this chapter is considered to be reasonable for
regulatory purposes. The standards set forth in this chapter are minimal standards and
do not imply that compliance will ensure safe handling of recyclable materials, food
scraps, green waste, wood waste or municipal solid waste. This chapter shall not create
liability on the part of the City, or any of its officers or employees, for any damages that
result from reliance on this chapter or any administrative decision lawfully made in
accordance with this chapter. All persons handling discarded materials within the City
should be and are advised to conduct their own inquiry as to the handling of such
materials. In undertaking the implementation of this chapter, the City is assuming an
undertaking to comply with State law and to promote the general welfare. It is not
assuming, nor is it imposing on its officers and employees, an obligation for breach of
which it is liable in money damages to any person who claims that such breach
proximately caused injury.
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ORDINANCE NO. 2021-25
EXHIBIT "C"
TITLE 14
WATER AND SEWERS
CHAPTER 14.17
WATER -EFFICIENT LANDSCAPING
14.17.005
Purpose.
14.17.010
Definitions.
14.17.020
Applicability.
14.17.030
Landscape Water Use Standards.
14.17.040
Implementation Procedures.
14.17.005 Purpose.
The purpose of this chapter and the related design standards is to establish an alternative
model acceptable under Governor Brown's April 1, 2015, Drought Executive Order (6-29-
15) and subsequently revised to implement the requirements of Senate Bill 1383, the
Short -Lived Climate Pollutant Reduction Act of 2016, in the context of conditions in the
City to:
A. Promote the benefits of consistent landscape ordinances with neighboring local
and regional agencies;
B. Promote the values and benefits of landscapes while recognizing the need to
invest water and other resources as efficiently as possible;
C. Establish a structure for planning, designing, installing, and maintaining and
managing water -efficient landscapes in new construction and rehabilitated projects;
D. Establish provisions for water management practices and water waste prevention
for existing landscapes;
E. Use water efficiently without waste by setting a maximum applied water allowance
as an upper limit for water use and reduce water use to the lowest practical amount;
F. Encourage the use of economic incentives that promote the efficient use of water,
such as providing rebate incentives and offering educational programs; and
1
G. Implement the State mandates set forth in Senate Bill 1383, the Short -Lived
Climate Pollutant Reduction Act of 2016.
14.17.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings set forth in this section:
A. "Aggregate landscape areas" pertains to the areas undergoing development as
one project or for production home neighborhoods or other situations where multiple
parcels are undergoing development as one project, but will eventually be individually
owned.
B. "Applied water" means the portion of water supplied by the irrigation system to the
landscape.
C. "Budget -based tiered -rate structure" means tiered or block rates for irrigation
accounts charged by the retail water agency in which the block definition for each
customer is derived from lot size or irrigated area and the evapotranspiration
requirements of landscaping.
D. "Design standards" refers to the Design Standards for Implementation of the Water
Efficient Landscape Ordinance, which are hereby adopted by reference and may be
amended from time -to -time, which describe procedures, calculations, and requirements
for landscape projects subject to this chapter.
E. "Ecological restoration project" means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
F. "Estimated applied water use" or "EAWU" means the average annual total amount
of water estimated to be necessary to keep plants in a healthy state. EAWU is based on
the reference evapotranspiration rate, the size of the landscape area, plant water use
factors, and the irrigation efficiency within each hydrozone.
G. "ET adjustment factor" or "ETAF" of 0.55 (fifty-five (55) percent) for residential
areas and 0.45 (forty-five (45) percent) for nonresidential areas, that, when applied to
reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major
influences upon the amount of water that needs to be applied to the landscape. The ETAF
for new and existing (nonrehabilitated) special landscape area shall not exceed 1.0 (one
hundred (100) percent). The ETAF for existing nonrehabilitated landscapes is 0.8 (eighty
(80) percent).
H. "Hardscapes" means any durable material or feature (pervious and nonpervious)
installed in or around a landscape area, such as pavements or walls. Surface area of
pools and other water features is considered part of the landscape area and not
considered hardscape for purposes of this chapter.
I. "Irrigation efficiency" means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management
practices. The minimum average irrigation efficiency for purposes of this chapter is 0.75
(seventy-five (75) percent) for overhead spray devices and 0.81 (eighty-one (81) percent)
for drip systems with an overall irrigation efficiency of 0.71 (seventy-one (71) percent).
Greater irrigation efficiency can be expected from well designed and maintained systems.
J. "Landscape area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the maximum applied water allowance and estimated
applied water use calculations. The landscape area does not include footprints of
buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone
walks, other pervious or nonpervious hardscapes, and other nonirrigated areas
designated for nondevelopment (e.g., open spaces and existing native vegetation).
K. "Landscape documentation package" means the documents required to be
provided to the City for review and approval of landscape design projects, as described
in the design standards.
L. "Landscape project" means the total area of landscape in a project, as provided in
the definition of "landscape area."
M. "Landscape rehabilitation project" means any relandscaping project that meets the
applicability criteria of Section 14.17.020, where the modified landscape area is greater
than twenty-five hundred (2,500) square feet.
N. "Licensed professional' means a licensed landscape architect, California licensed
landscape contractor, civil engineer, architect, or any other person authorized to design
or construct a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2,
5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the California Business and
Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and
Section 6721 of the California Food and Agriculture Code, or any successor statutes.
O. "Local water supplier" means any entity, including, but not limited to, a public
agency, city, county, or private water company that provides retail water service.
P. "Maximum applied water allowance" or "MAWX is the upper limit of annual applied
water for the established landscape area as specified in Section 2.2 of the design
standards. It is based upon the area's reference evapotranspiration, the ET adjustment
factor, and the size of the landscape area. The estimated applied water use shall not
exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1
- ETAF) x SLA)]
Q. "Ministerial permit" means an authorizing document issued by the City's
Community Development Department in conjunction with a landscape project which may
include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences
and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc.
R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 CCR,
Division 2, Chapter 2.7.
S. "New landscape installation project" means a landscape installed in conjunction
with any type of new development, whether or not the new development includes
construction of new building(s) (e.g., parks, playgrounds, greenbelts, etc.).
T. "Nonpervious" means any surface or natural material that does not allow for the
passage of water through the material and into the underlying soil.
U. "Pervious" means any surface or material that allows the passage of water through
the material and into the underlying soil.
V. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, which
estimates the amount of water needed by plants. For purposes of this chapter, the plant
factor range for very low water use plants is zero (0) to 0.1 (ten (10) percent); the plant
factor for low water use plants is 0.1 (ten (10) percent) to 0.3 (thirty (30) percent); the
plant factor range for moderate water use plants is 0.4 (forty (40) percent) to 0.6 (sixty
(60) percent); and the plant factor range for high water use plants is 0.7 (seventy (70)
percent) to 1.0 (one hundred (100) percent). Plant factors cited in this chapter are derived
from the Department of Water Resources publication "Water Use Classification of
Landscape Species." Plant factors may also be obtained from horticultural researchers
from academic institutions or professional associations as approved by the California
Department of Water Resources (DWR).
W. "Recycled water" or "reclaimed water" means a wastewater which, as a result of
treatment, is suitable for nonpotable uses not intended for human consumption such as
landscape irrigation and water features.
C!
X. "Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters which affect the water use of plants. ETo is given expressed
in inches per day, month, or year as represented in Appendix D of the design standards
and is an estimate of the evapotranspiration of a large field of four- to seven -inch -tall,
cool -season grass that is well watered. Reference evapotranspiration is used as the basis
of determining the maximum applied water allowance.
Y. "Smart automatic irrigation controller" means an automatic timing device used to
remotely control valves that operate an irrigation system and which schedules irrigation
events using either evapotranspiration (weather -based) or soil moisture data with
nonvolatile memory shall be required for irrigation scheduling in all irrigation systems,
recommending U.S. EPA WaterSense labeled devices as applicable.
Z. "Special landscape area" or "SLA" means an area of the landscape dedicated
solely to edible plants such as orchards and vegetable gardens, areas irrigated with
recycled water, water features using recycled water, or areas dedicated to active play
such as community pools and spas, parks, sports fields, golf courses, or areas where turf
provides a playing surface. These areas may have an ET adjustment factor (ETAF) up to
1.0 (one hundred (100) percent).
AA. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, perennial ryegrass, red fescue, and tall fescue are cool -season grasses.
Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass,
and Buffalo grass are warm -season grasses.
BB. "Valve" means a device used to control the flow of water in an irrigation system.
CC. "Water feature" means a design element where open water performs an aesthetic
or recreational function. Water features include ponds, lakes, waterfalls, fountains,
artificial streams, spas, and swimming pools (where water is artificially supplied). The
surface area of water features is included in the high water use hydrozone of the
landscape area. Constructed wetlands used for on-site wastewater treatment, habitat
protection or storm water best management practices that are not irrigated and used
solely for water treatment or storm water retention are not water features and, therefore,
are not subject to the water budget calculation.
14.17.020 Applicability.
A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15 and
Senate Bill, the Short -Lived Climate Pollutant Reduction Act of 2016, this chapter shall
apply to the following landscape projects:
1. New landscape projects (including new single-family, multi -family, public,
institutional or commercial projects) with an aggregate landscape area equal to or
greater than five hundred (500) square feet which require discretionary or
ministerial permits (including building or planning permit, plan check, or landscape
design review permit) from the City.
2. Rehabilitated landscape projects with an aggregate landscape area equal
to or greater than twenty-five hundred (2,500) square feet which require
discretionary or ministerial permits (including building or planning permit, plan
check or landscape design review permit) from the City.
3. Rehabilitated landscape projects with an aggregate landscape area of
twenty-five hundred (2,500) square feet or less may comply with the performance
requirements of this chapter or conform to the prescriptive measures contained in
Appendix H of the Design Standards (Prescriptive Compliance Option).
4. Rehabilitated projects using treated or untreated graywater or rainwater
captured on site, any lot or parcels within the project that has less than twenty-five
hundred (2,500) square feet of landscape area and meets the lot or parcel's
landscape water requirement (estimated total water use) entirely with the treated
or untreated graywater or through stored rainwater capture on site is subject only
to Appendix H of the Design Standards (Prescriptive Compliance Option).
5. New landscape installation projects or landscape rehabilitation projects
installed at cemeteries shall be subject to the following sections of the design
standards: Sections 2.2, Water Efficient Landscape Calculations and Alternatives;
2.8, Post -Installation Irrigation Scheduling; and 2.9, Post -Installation Landscape
and Irrigation Maintenance, but shall not require a landscape documentation
package (Design Standards Section 2.1).
B. This chapter does not apply to:
1. Landscape rehabilitation projects that consist of replacement plantings with
equal or lower water needs and the irrigation system is designed, operable and
programmed to comply with the City's water conservation regulations;
2. Registered local, State, or Federal historical sites;
3. Ecological restoration projects that do not require a permanent irrigation
system;
4. Plant collections, as part of botanical gardens and arboretums open to the
public; or
5. Landscape in hazard reduction and fuel modification zones, where
applicable.
C. Section 14.17.030(B) (requiring compliance with the City's water conservation
ordinance) shall apply to all landscape areas, whether installed prior to (existing
landscapes) or after adoption of the ordinance codified in this chapter.
14.17.030 Landscape Water Use Standards.
A. Property owners or their building or landscape designers that meet the threshold
set forth in Section 14.17.020(A)(1) above shall:
1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation, mulch,
and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be incorporated
to a depth of six (6) inches into the soil. Soils with greater than six percent
(6%) organic matter in the top six (6) inches of soil are exempt from adding
Compost and tilling.
b. For landscape installations, a minimum three (3) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except in turf
areas, creeping or rooting groundcovers, or direct seeding applications
where mulch is contraindicated. To provide habitat for beneficial insects
and other wildlife up to five percent (5%) of the landscape area may be left
without mulch. Designated insect habitat must be included in the landscape
design plan as such.
C. Organic mulch materials made from recycled or post -consumer
materials shall take precedence over inorganic materials or virgin forest
products unless the recycled post -consumer organic products are not
locally available. Organic mulches are not required where prohibited by
local fuel modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this section are not an inclusive list
of MWELO requirements; therefore, property owners or their building or designers
7
that meet the threshold for MWELO compliance outlined in Section
14.17.020(A)(1) shall consult the full MWELO for all requirements.
B. For new landscape installation or rehabilitation projects subject to Section
14.17.020, the estimated applied water use allowed for the landscape area shall not
exceed the MAWA calculated using an ET adjustment factor of 0.55 (fifty-five (55)
percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas,
except for special landscape areas where the MAWA is calculated using an ET
adjustment factor of 1.0 (one hundred (100) percent); or the design of the landscape area
shall otherwise be shown to be equivalently water efficient in a manner acceptable to the
City, as provided in the design standards.
C.. Irrigation of all landscape areas shall be conducted in a manner conforming to the
rules and requirements, and shall be subject to penalties and incentives for water
conservation and water waste prevention, as determined and implemented by the City's
water conservation ordinance.
14.17.040 Implementation Procedures.
A. A landscape documentation package shall be submitted to the City for review and
approval of all landscape projects subject to the provisions of this chapter. Any landscape
documentation package submitted to the City shall comply with the provisions of the
design standards.
B. The landscape documentation package shall include a certification of design by a
professional appropriately licensed in the State of California stating that the landscape
design and water use calculations have been prepared by or under the supervision of a
licensed professional and are certified to be in compliance with the provisions of this
chapter and the design standards.
1. Landscape and irrigation plans shall be submitted to the City for review and
approval with appropriate water use calculations. Water use calculations shall be
consistent with the procedures and calculations provided in the design standards
document.
2. Verification of compliance of the landscape installation with the approved
plans shall be obtained through a certification of completion, which shall be
submitted to the City prior to final of the permit, per the procedures provided in the
design standards document.
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2021-25 was duly introduced on the 16th day of November, 2021, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 3011 day of November, 2021, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1s' day of December, 2021.
V1, I oIlik"41
ro ,
Leilani I. Brown, MMC r
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-25 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 20, 2021
Adopted Ordinance: December 4, 2021
In witness whereof, I have hereunto subscribed my name this day of December, 2021.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California