HomeMy WebLinkAbout2024-25 - 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 GeneratORDINANCE 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;
Ordinance No. 2024-25
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
Ordinance No. 2024-25
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.
Ordinance No. 2024-25
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: Manor O'Neill Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom Councilmember Grant, Councilmember Kleiman,
Councilmember Weigand
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY A TORNEY
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. 2024-25 was duly introduced on the 22" d day of October, 2024, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 121h day of November, 2024, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 131h day of November, 2024.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-25 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: October 26, 2024
Adopted Ordinance: November 16, 2024
In witness whereof, I have hereunto subscribed my name this day of November, 2024.
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Leilani I. Brown, MMq
City Clerk
City of Newport Beach, California