HomeMy WebLinkAbout03 - Amending Chapter 15.02 (Administrative Code Related to Construction and Demolition Waste Permits) of the NBMCQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
October 22, 2024
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason AI -Imam, Finance Director/Treasurer - 949-644-3126,
jalimam@newportbeachca.gov
PREPARED BY: Jason AI -Imam, Finance Director/Treasurer
TITLE: Ordinance No. 2024-25: Amending Chapter 15.02 (Administrative
Code Related to Construction and Demolition Waste Permits) of the
Newport Beach Municipal Code
ABSTRACT:
For the City Council's consideration is the adoption of an ordinance to amend the section
of the Newport Beach Municipal Code related to demolition permits. The ordinance
proposes that administrative fees be paid separately, rather than have the administrative
fees deducted from the permit deposit. Other related modifications are proposed to allow
for the extension of deadlines related to certain conditions associated with demolition
permits, when there is good cause to do so, such as the deadline to claim a refund of the
demolition permit deposit.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because this action will not result in a physical
change to the environment, directly or indirectly; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-25, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Section 15.02.085 (Addition of Section 105.3.1.1) of
Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code, to Update
Administrative Procedures for the Handling of Permit Deposits and Fees Associated
with Waste Generated from Construction Projects Having a Valuation Over $100,000
or that Result in the Complete Demolition of a Structure, and pass to second reading
on November 12, 2024.
DISCUSSION:
Section 15.02.085 (Addition of Section 105.3.1.1) of the Code requires the use of
franchised waste haulers to dispose of waste resulting from construction projects having
a valuation over $100,000 or the complete demolition of a structure, as well as the
payment of a deposit to ensure franchised haulers are used, which helps the City of
Newport Beach's compliance with statutory waste diversion requirements.
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Ordinance No. 2024-25: Amending Chapter 15.02 (Administrative Code
Related to Construction and Demolition Waste Permits) of the NBMC
October 22, 2024
Page 2
The Code currently provides that administrative fees are to be deducted from the
demolition permit deposit. However, it would be more efficient to have the administrative
fees paid separately rather than deducted from the deposit. Other related modifications
to the Code are proposed to allow for the extension of deadlines related to certain
conditions associated with demolition permits such as the deadline to claim a refund of
the demolition permit deposit.
FISCAL IMPACT:
The projected cost associated with separating the administrative fee from the demolition
permit deposit and the related extension of deadlines will have no fiscal impact on the
City.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2024-25
Attachment B — Redlined Changes to Chapter 15.02 of the Code
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Attachment A
Ordinance No. 2024-25
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ORDINANCE NO. 2024-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 15.02.085 (ADDITION OF SECTION 105.3.1.1)
OF CHAPTER 15.02 (ADMINISTRATIVE CODE) OF THE
NEWPORT BEACH MUNICIPAL CODE, TO UPDATE
ADMINISTRATIVE PROCEDURES FOR THE HANDLING
OF PERMIT DEPOSITS AND FEES ASSOCIATED WITH
WASTE GENERATED FROM CONSTRUCTION
PROJECTS HAVING A VALUATION OVER $100,000 OR
THAT RESULT IN THE COMPLETE DEMOLITION OF A
STRUCTURE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the City is committed to ensuring the safety, health, and welfare of
all its residents, visitors, and businesses;
WHEREAS, Chapter 15.02 (Administrative Code) of the Newport Beach
Municipal Code ("NBMC"), adopts and incorporates by reference Chapter 1, Division II
of the California Building Code (2022 Edition);
WHEREAS, Section 15.02.085 (Addition of Section 105.3.1.1) of the NBMC
requires the use of franchised waste haulers to dispose of waste resulting from
construction projects having a valuation over $100,000 or the complete demolition of a
structure, as well as the payment of a deposit to ensure franchised haulers are used,
which helps facilitate the City's compliance with statutory waste diversion requirements;
WHEREAS, Section 15.02.085 (Addition of Section 105.3.1.1) of the NBMC
provides that administrative fees are to be deducted from the permit deposit;
WHEREAS, the Finance Director has determined that it would be more efficient
to have the administrative fees paid separately, rather than have the administrative fees
deducted from the permit deposit;
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Ordinance No. 2024-
Page 2 of 4
WHEREAS, other related modifications to Section 15.02.085 (Addition of Section
105.3.1.1) of the NBMC are necessary to allow for the extension of deadlines, when
there is good cause to do so; and
WHEREAS, the City Council desires to amend the NBMC to increase efficiency
by allowing the extension of deadlines, when there is good cause to do so, separate the
administrative fee from the permit deposit, and update other administrative procedures
related thereto.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 15.02.085 (Addition of Section 105.3.1.1.) of the NBMC is
hereby amended its entirety and shall read as follows:
15.02.085 Addition of Section 105.3.1.1.
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Construction and demolition waste permits. Prior to issuance of a
building permit for construction having a valuation over $100,000 or a demolition
permit for complete demolition of a structure, the permittee shall certify that a City
franchised solid waste hauler shall be used for the handling, removal and disposal
of all construction and demolition waste. A permit deposit and fees, set by
Resolution of the City Council, shall be paid at the time of submitting the building or
demolition permit application and the Construction and Demolition Waste
Certification and Deposit Form. Said deposit shall be returned to the permittee at
the conclusion of the construction or demolition project, upon the submittal of
documentation that a franchised solid waste hauler was used to handle, remove
and dispose of all construction and demolition waste. Claims for refund of the
permit deposit, that qualify, must be requested by April 30, 2025, or six (6) months
from the date the permit receives a final status from the Building Division,
whichever is later. The permit deposit shall be forfeited in its entirety if the identified
franchised solid waste hauler is not used to handle, remove and dispose of all
construction and demolition waste.
If the Building Official finds that the work described in an application for a building or
demolition permit and the plans, specifications and other data filed therewith
conform to the requirements of this Code and the technical codes and other
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Ordinance No. 2024-
Page 3 of 4
pertinent laws and ordinances, and that the fees specified in Section 109 have been
paid and that a franchised solid waste hauler is being used, the Building Official
shall issue a permit therefor to the applicant. Prior to any construction or demolition
activities authorized by the permit, the permittee shall notify the Community
Development Department's Code Enforcement Division no less than twenty-four
(24) hours or more than seventy-two (72) hours in advance of its intent to
commence construction or demolition and provide the name of the franchised solid
waste hauler that will haul and dispose of the construction and demolition waste.
Any hauling or disposal of demolition and construction waste by other than the
identified franchised solid waste hauler shall subject the project to suspension of
work as authorized in this Code and subject the deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building Official, the
Building Official may extend the deadlines set forth in this section.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: The Building Official is hereby authorized to retroactively extend
deadlines, upon a finding of good cause, to extent the Building Official is authorized to
do so in Section 1 of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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Ordinance No. 2024-
Page 4 of 4
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance shall be effective thirty (30) calendar days after its adoption. This
ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 22nd day of October, 2024, and adopted on the 12th day of
November, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFI E
C' oti�
AA ON C. HARP, CITY ATTORNEY
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Attachment B
Redlined Changes to Chapter 15.02 of the Code
Chapter 15.02 (Administrative Code)
15.02.085 Addition of Section 105.3.1.1.
Construction and demolition waste permits. Prior to issuance of a building permit for construction
having a valuation over $100,000 or a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste its hauler shall be used for the
handling, removal and disposal of all construction and demolition waste. A permit deposit and
fees, set by Resolution of the City Council, shall be paid at the time of submitting the building or
demolition permit application and the Construction and Demolition Waste Certification and
Deposit Form. Said deposit shall be returned to the permittee , mintis adn-iinistrative fees set by
Council,Resoluteon of the City at the conclusion of the construction or demolition project, upon
the submittal of documentation that a franchised solid waste erase hauler was used to handle,
remove and dispose of all construction and demolition wastes. Claims for refund of the permit
deposit, that qualify, must be requested by April 30, 2025, or six (6) months from the date the
permit receives a final status from the Building Division, whichever is later. The permit deposit shall
be forfeited in its entirety if a franchised solid waste ehauler is not used to handle, remove
and dispose of all construction and demolition wastes.
If the Building Official finds that the work described in an application for a building or demolition
permit and the plans, specifications and other data filed therewith conform to the requirements of
this Code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 109 have been paid and that a franchised solid waste terse hauler is being
used, the Building Official shall issue a permit therefor to the applicant. Prior to any construction or
demolition activities authorized by the permit, the permittee shall notify the Community
Development Department's Code Enforcement Division no less than
twenty-four (24) hours or more than seventy-two (72) hours in advance of its intent to commence
construction or demolition and provide the name of the franchised solid waste wise hauler
that will haul and dispose of the construction and demolition wastes. Any hauling or disposal of
demolition and construction wastes by other than the identified franchised solid waste wise
hauler shall subject the project to suspension of work as authorized in this Code and subject the
deposit to forfeiture.
If good causes exist, as determined in the sole discretion of the Building Official, the Building
Official may extend the deadlines set forth in this section."
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