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HomeMy WebLinkAbout03 - Modifying Provisions Related to Temporary Street Closures and City Franchised Solid Waste ManagementQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report January 27, 2026 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Charles Springer, Senior Management Analyst - 949-718-3466, cspringer@newportbeachca.gov TITLE: Ordinance No. 2026-01 Modifying Provisions Related to Temporary Street Closures and City Franchised Solid Waste Management The City Council's Ad Hoc Refuse Committee (Committee) recommends a proposed ordinance to update the Newport Beach Municipal Code (NBMC) sections pertaining to commercial franchise waste hauling. The proposed NBMC changes are in response to concerns raised about commercial franchise system access and self -hauling flexibility. The ordinance addresses/updates definitions, changes to exclusion and eligibility language, and provides enforcement authority for temporary street closure permits. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Introduce Ordinance No. 2026-01, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapters 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal Code Related to Solid Waste Hauling, and pass to second reading on February 10, 2026. DISCUSSION: The Committee, comprised of Councilmember Grant, Councilmember Barto and staff reviewed concerns brought forth regarding NBMC language limitations pertaining to commercial franchise refuse hauling. The concerns discussed included insufficient coverage based on current code definition language, the inability to sufficiently enforce temporary street closure permits, and commercial franchise system accessibility issues relating to codified franchise entry barriers based on operational history. The Committee reviewed specific municipal code sections and identified solutions to support improved inclusiveness of prospective haulers, update definition language to meet the needs of the present-day development environment and further clarify self -hauling concepts, reduce Ordinance of the City Council of the City of Newport Beach, California, Amending Chapters 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal January 27, 2026 Page 2 the over -penalization of formerly non -compliant haulers and provide an enforcement mechanism for non -compliant temporary street closure permittees. Proposed Ordinance Changes to NBMC Chapter 12.62 Chapter 12.62 of the NBMC provides for temporary street closures for public streets or alleys within the Newport Beach. Chapter 12.62 was adopted in 1968 with the most recent amendments in 1985. A summary of the areas covered by Chapter 12.62 includes chapter purpose, application requirements, permit issuance requirements and process, an appeal and review process, and ramifications of improper or overextended street or alley closures. The Committee has identified a need to enhance the City of Newport Beach's (City) ability to enforce the requirements of Chapter 12.62. This code section allows contractors to place temporary waste containers in public streets or alleys as long as a permit is issued and an authorized City franchise hauler is utilized. The changes proposed for Chapter 12.62 include adding grounds for permit revocation. Specifically, a permit may be revoked if the permittee has ceased to meet the requirements for permit issuance, provided false information or made a misrepresentation of a material fact in the application, or the activity associated with the street closure permit creates a public nuisance that constitutes a health or safety hazard. Proposed Ordinance Changes to NBMC Chapter 12.63 Chapter 12.63 of the NBMC provides a franchise requirement for companies providing solid waste handling services within the City. Chapter 12.63 was initially adopted in 1985 with most recent amendments in 2023. The chapter encompasses 18 sections, but only three will reflect modifications; 12.63.020 Definitions, 12.63.080 Required Findings, and 12.63.150 Exclusions. Prospective haulers have indicated that the code, as written, creates a significant barrier to entry in the context of the current development and waste collection environment. One step in becoming a commercial franchise hauler is obtaining City Council approval of an application if the required findings are met. At present, if the applicant is found to be operating a solid waste enterprise in the city without a franchise, the applicant would not meet the required findings to be a City franchisee for the next three years. The Committee is proposing the three-year exclusion only apply to enterprises that have been terminated or received two or more administrative citations within the past year. If a prospective hauler was unaware of the non-exclusive commercial franchise system and was found conducting work in the city, this revised approach provides an avenue for notification/education and to work toward becoming a City -approved commercial franchise hauler. Additionally, the City commercial franchise hauler system was not designed or intended to support material volumes generated by public agency construction projects. For this reason, the Committee is proposing adding an exclusion Ordinance of the City Council of the City of Newport Beach, California, Amending Chapters 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal January 27, 2026 Page 3 for City and other public agency construction projects from required use of City commercial franchise haulers. FISCAL IMPACT: There is no fiscal impact related to this item. 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. 2026-01 Attachment B — Chapter 12.62 Redline Attachment C — Chapter 12.63 Redline Attachment A ORDINANCE NO. 2026- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 12.62 (TEMPORARY STREET CLOSURE) AND CHAPTER 12.63 (SOLID WASTE MANAGEMENT) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO SOLID WASTE HAULING 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 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 ("State"); WHEREAS, pursuant to Article XIII of the City Charter, Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal Code ("NBMC"), and California Public Resources Code Sections 40059, 49300, and 49500, et seq., the City is authorized to grant franchises via ordinance and enter into non-exclusive franchise agreements for commercial franchise services with private solid waste haulers; WHEREAS, the City Council adopted a model non-exclusive commercial solid waste franchise agreement in 2017 that was updated in 2019 to meet the State's mandated solid waste diversion requirements for private solid waste haulers and, thereafter, entered into franchise agreements with a number of commercial solid waste franchise haulers; WHEREAS, the California Integrated Waste Management Act of 1989 codified in the California Public Resources Code Section 40000, et seq., as amended, mandates local governments divert solid waste, with the diversion requirements increasing from 25% when initially enacted to a goal of 50% in 2025; WHEREAS, the City continues to consider ways to meet the State mandated diversion requirements; WHEREAS, the Refuse Ad Hoc Advisory Committee is addressing ways to improve solid waste handling services, including meeting diversion requirements and facilitating legal operation of franchise hauling within the City; and WHEREAS, the City Council desires to amend various provisions of Chapter 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the NBMC as provided herein. Ordinance No. 2026- Page 2 of 3 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The provisions of Chapter 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the NBMC, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference, are hereby amended. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Ordinance No. 2026- Page 3 of 3 Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of January, 2026, and adopted on the 10th day of February, 2026, by the following vote, to -wit: AYES: NAYS: ABSENT: Lauren Kleiman, Mayor ATTEST: Lena Shumway, City Clerk APPROVED AS TO FORM: CITY A ORNEY'S OFFICE Aar n t. Harp, City Attorney Attachment(s): Exhibit A — NBMC Chapters 12.62 and 12.63 Amendments EXHIBIT A NBMC CHAPTERS 12.62 AND 12.63 AMENDMENTS 1. Section 12.62.030 (Issuance of Permit) of the Newport Beach Municipal Code is amended to read as follows: 12.62.030 Issuance of Permit. The City Manager may issue a permit if the City Manager determines that the granting of the application for the time and location requested will not unreasonably inconvenience the public, create unusual traffic or policing problems, or interfere with the peace and quiet of the surrounding neighborhood. If the City Manager determines not to issue a permit, the City Manager may either deny the same or refer the application to the City Council for a decision. If the City Manager decides to not issue the permit, the City Manager shall notify the applicant in writing, in the manner provided in Section 1.08.080, of the City Manager's decision to deny the permit and of the right to appeal said decision to the City Council or, if the matter is referred to the City Council, the date, time and location the application will be considered by the City Council. If the City Manager issues a permit, the City Manager may impose such conditions in connection with its issuance as the City Manager deems reasonably necessary to ensure that the activity or special event will be conducted in an orderly manner with a minimum of inconvenience to the public. In addition, the City Manager may require that the permittee provide: A. Insurance, which types and amounts shall be determined by the Risk Manager. B. A security deposit to be used to reimburse the City for all extraordinary costs resulting from the activity or special event, such as placing and removing barricades, extra traffic control or police protection, and street sweeping and cleanup. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, the City Manager may revoke a temporary street closure permit on the following grounds: 1. The permittee has ceased to meet the conditions of the permit; 2. The permit holder has provided false information or made a misrepresentation of a material fact in the application for the permit; or 3. The street closure permit activity creates a public nuisance that constitutes a health or safety hazard. 2. Section 12.62.040 (Appeal and Call for Review) of the Newport Beach Municipal Code is amended to read as follows: 12.62.040 Appeal and Call for Review. If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk and paying the fee, established by resolution of the City Council within the timeframes specified below, a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager in issuing, failing to issue, suspending, or revoking any permit under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set for hearing his appeal or call for review. The City Council, at its next regular meeting, held not less than five (5) days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule, or modify the action of the City Manager, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. The right to appeal or call an item for review regarding the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the notification of the applicant of the action of the City Manager and of the right to appeal such action to the City Council, which notice shall be served in the manner provided in Section 1.08.080. 3. The definitions of "Back -haul," "Back hauler," "Permitted processing facility," "Self -hauler," and "Small hauler" are added and definitions of "Collect," "Commercial premises," and "Container" are amended in Section 12.63.020 (Definitions) of the Newport Beach Municipal Code to read as follows: "Back haul" means generating and transporting organic waste or retail 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). "Back hauler" means a person that back hauls. "Collect" or "collection" means the operation of gathering together and/or transporting by means of a motor vehicle, trailer, or other means, any solid waste or recyclable material. "Commercial premises" means all occupied real property in the City including, without limitation, multi -unit residential developments (including housing projects containing or consisting of four (4) or more attached units, whether apartment houses, condominiums, or mixed use projects, mixed use condominiums and rental housing, and which use commercial solid waste containers), wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, mechanized manufacturing facilities, repair, research and development or professional services, sports or recreational facilities, industrial facilities, and construction and demolition sites; but shall not include property occupied by governmental agencies which do not consent to their inclusion, and residential premises which receive solid waste collection services using residential solid waste containers. "Container" means any vessel, tank, receptacle, box, bin, or cart used or intended to be used in the storage or collection of recyclable materials or in the process of recycling, or for the purpose of holding solid waste for storage or collection. "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. A permitted processing facility includes, but is 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. "Self hauler" means a person that transports solid waste he or she has generated to a permitted processing facility. Self hauler also includes a person who back hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Small hauler" means a property owner or lessee that transports a de minimis amount, which is defined as not greater than fifty (50) cubic feet, of solid waste generated from a home or commercial renovation or construction project that does not require a building permit at the property owned or leased by him or her. 4. Section 12.63.080 (Required Findings) of the Newport Beach Municipal Code is amended to read as follows: The City Council shall approve or conditionally approve an application for a franchise if, on the basis of the application, information materials, and testimony submitted, the City Council finds: A. That the application complies with this chapter; B. That the applicant or any person responsible for the management of the entity submitting the application has not within the past three years: (1) had a franchise for commercial solid waste handling services terminated by the City; and/or (2) received two (2) or more administrative citations within the past twelve (12) months for operating a solid waste enterprise within the City without a franchise; C. That awarding the franchise is in accord with the objectives of this chapter; D. That granting of such franchise will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the City or be materially detrimental to the public welfare or injurious to property or public improvements; and E. That the applicant has sufficient experience, equipment or recycling plan to safely comply with the requirements of the franchise agreement. 5. Section 12.63.150 (Exclusions) of the Newport Beach Municipal Code is amended to read as follows: A. Gardener's Exclusion. No provision of this chapter shall prevent a gardener, tree trimmer or person providing a similar service from collecting yard waste, as an incidental portion of providing such gardening, tree trimming or similar service. B. Commercial Recycler Exclusion for Source -Separated Recyclables. No provisions of this chapter shall prevent a recycling business from contracting to collect source - separated recyclables that are donated or sold to that recycling business by a commercial enterprise. "Source -separated recyclables" within the meaning of this subsection means recyclables which have been separated by a commercial business on its premises from solid waste for the purpose of sale or donation, which have not been mixed with or contain more than incidental or minimal solid waste, and which do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. Any recycling business qualifying for the exclusion shall meet all other requirements to operate in the City, including, but not limited to, a business license. C. Back hauler, Self hauler, and Small hauler Exclusion. No provision of this chapter shall apply to a back hauler, self hauler, or small hauler that meets the strict definition as those terms are defined in Section 12.63.020 (Definitions). Under no circumstances may a back hauler, self hauler, or small hauler collect, transport or dispose of solid waste that has not been generated by them and/or does not legally belong to them. All solid waste must be handled, diverted and disposed of in a manner compliant with all Federal, State, or local laws related to solid waste handling and disposal. This exclusion shall not apply to any person that has obtained a building permit and is required to pay the demolition deposit under Section 15.02.085. Any person qualifying for this exclusion shall meet all other applicable requirements to operate in the City. D. Capital Improvement Project Exclusion. The provisions of this chapter shall not apply to solid waste handling services on a Federal, County of Orange, State of California, or City capital improvement project provided that the contractor complies with all Federal, State, and local requirements related to handling and disposal of solid waste. Attachment B 12.62.010 Permit for Temporary Street Closure. No person shall temporarily close any portion of a public street or alley to vehicular or pedestrian traffic for the purpose of conducting a street dance, neighborhood party, commercial promotional activity or special event, storage of construction materials, storage or operation of construction equipment or for any other purposes without first obtaining a permit from the Director of Public Works as hereinafter provided. The requirements of this chapter shall not be applicable to governmental agencies. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a temporary street closure permit may be revoked on the following grounds: 1. The permittee has ceased to meet the requirements for issuance of permit 2. The permit holder has provided false information or made a misrepresentation of a material fact in the application. 3. The street closure permit activity creates a public nuisance that constitutes a health or safety hazard. Attachment C 12.63.020 Definitions. For purposes of this chapter, certain terms are defined as follows: "Back -haul" means generating, collecting and transporting organic waste or retail related waste to a destination owed and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(W6 . "Collect" or "collection" means the operation of gathering together and/or transporting by means of a motor vehicle, trailer or other means, any solid waste or recyclable material. "Commercial premises" means all occupied real property in the City including, without Limitation, muitipie housing multi -unit residential developments (including housing projects containing or consisting of four or more attached units, whether apartment houses, condominiums, or mixed use projects, mixed use condominiums and rental housing, and which use commercial solid waste containers), wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, mechanized manufacturing facilities, repair, research and development or professional services, sports or recreational facilities, industrial facilities, and construction and demolition sites; but shall not include property occupied by governmental agencies which do not consent to their inclusion, and residential premises which receive solid waste collection services using residential solid waste containers. "Commercial solid waste container" means any container for the temporary accumulation and collection of solid waste. "Commercial solid waste handling services" means the collection, transportation, storage, transfer, disposal or processing of solid waste by private solid waste enterprises, and shall include, without limitation, the placement of commercial solid waste containers on public property. "Container" means any vessel, tank, receptacle, box, of -bin or cart used or intended to be used in the storage or collection of recyclable materials or in the process of recycling, or for the purpose of holding solid waste for storage or collection. "Franchise fee" means the fee or assessment imposed by the City on the franchisee, which among other things, is intended to offset the City's expenses related to the administration of the franchise agreement, the integrated waste management program, the maintenance and implementation of the City's source reduction and recycling element, compliance with the California Integrated Waste Management Act, California Public Resources Code, Division 30, Section 40000 et seq., to compensate the Cityfor damages to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the franchisee's exercise of its rights under the franchise, reporting requirements and other related expenses. "Franchisee" means any person granted a franchise by the City Council pursuant to Article XIII of the City Charter and this chapter. "Garbage" means kitchen and table wastes, and animal or vegetable wastes that result from the storage, preparation, cooking or handling of food or edible items. "Green waste" means any debris that is composed of organic material or plantlike matter which is a result of seasonal variations, landscape or gardening activities. This waste is to include, without limitation, grass clippings, leaves, shrubs, trees, branches, stumps, flowers, plant stalks and wood. "Gross receipts" means all money, whether paid by cash, check, debit or credit, or other consideration collected from customers by franchisee that relates in anywayto commercial solid waste handling services, whether the commercial solid waste handling services occur wholly or partially within the City, including, but not limited to, collection, removal, and/or disposal of garbage, solid waste, construction and demolition debris, green waste, industrial waste, roofing materials, trash, litter, refuse and/or rubbish, as well as fuel surcharges. Gross receipts shall also include all money received by any person other than the franchisee, where the money was paid to the person to avoid the franchisee's obligations under this chapter and/or the franchise. Gross receipts shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: (1) if any sales taxes are levied on the franchisee's commercial solid waste handling services in the City, the amount of State sales taxes collected in connection with the commercial solid waste handling services in the City and remitted to the State pursuant to State law; (2) the amount of documented bad debt write-offs due to uncollectible accounts for commercial solid waste handling services in the City, not to exceed three percent of gross receipts; and (3) revenues collected for commercial solid waste handling services provided on behalf of the City through a written contract. "Hazardous waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., the Carpenter - Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code Section 25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the California Legislature, the California Integrated Waste Management Board, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed bytwo or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall be construed to have the broader, more encompassing definition. "Industrialwaste" means solid waste origin atingfrom mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works, or solid waste placed in commercial solid waste containers excluding hazardous waste. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling requirements" means the obligations imposed by or upon the City pursuant to State law, ordinance, resolution, policy, plan or program relative to recycling all, or a portion, of the solid waste stream generated within the City including, without limitation, State mandates to recycle fifty (50) percent of the solid waste generated within the City's jurisdiction and the provision of City -approved recycling services to all customers. "Rubbish" means and includes without limitation the following items: all waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all other similar articles which will burn by contact with flames or ordinary temperature; ashes, crockery, china, pottery, metal wire and other similar materials which are rejected by the owner or producer thereof. "Small Hauler" means an owner or lease of a property that intends to haul de minimis waste or construction debris that has been generated from a home or commercial project, renovation, or construction project. "Self Hauler" means a person who hauls solid waste, organic waste or recyclable material he or she has generated to a State permitted or State certified processing facility. Self Hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential, commercial, and/or industrial premises, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, green waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. This excludes Liquid wastes, abandoned vehicles and hazardous, biohazardous and biomedical wastes. "Solid waste enterprise" means any individual, firm, partnership, corporation, joint venture, Limited liability company or other business entity providing commercial solid waste handling services in the City. "SRRE" means the source reduction and recycling element of the integrated waste management document for the City prepared and updated pursuant to the California Public Resources Code. (Ord. 2023-22 § 569, 2023; Ord. 2013-11 § 58, 2013; Ord. 2007-5 § 1 (part), 2007) 12.63.080 Required Findings. The City Council shall approve or conditionally approve an application for a franchise if, on the basis of the application, information materials, and testimony submitted, the City Council finds: A. That the application complies with this chapter; B. That the applicant or any person responsible for the management of the entity submitting the application has not within the past three years: (1) had a franchise for commercial solid waste handling services terminated by the City; and/or within the past one year received two or more Adminstrative Citations (2) operated a solid waste enterprise within the City without a franchise; C. That awarding the franchise is in accord with the objectives of this chapter; D. That granting of such franchise will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the City or be materially detrimental to the public welfare or injurious to property or public improvements; and E. That the applicant has sufficient experience, equipment or recycling plan to safely comply with the requirements of the franchise agreement. (Ord. 2007-5 § 1 (part), 2007) 12.63.150 Exclusions. A. Gardener's Exclusion. No provision of this chapter shall prevent a gardener, tree trimmer or person providing a similar service from collecting yard waste, as an incidental portion of providing such gardening, tree trimming or similar service. B. Commercial Recycler Exclusion for Source -Separated Recyclables. No provisions of this chapter shall prevent a recycling business from contracting to collect source - separated recyclables that are donated or sold to that recycling business by a commercial enterprise. "Source -separated recyclables" within the meaning of this subsection means recyclables which have been separated by a commercial business on its premises from solid waste for the purpose of sale or donation, which have not been mixed with or contain more than incidental or minimal solid waste, and which do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. Any recycling business qualifying for the exclusion shall meet all other requirements to operate in the City, including, but not Limited to, a business license. C. Small Hauler Exclusion. No provision of this chapter shall apply to anypersona small hauler. This exclusion does not apply to any person that has obtained a building permit and is required to pay the demolition deposit under Section 15.02.085. Under no circumstances may a small hauler collect, transport or dispose of waste or construction debris that has not been generated by them and or does not legally belong to them. Small haulers shall not share, place waste or debris in a receptacle, dumpster or container of another person or business. All waste and debris must be handled and disposed in a manner compliant with all local, State and Federal laws related to solid waste diversion and construction and demolition debris. Any person qualifying for this exclusion shall meet all other requirements to operate in the City, including, but not Limited to, a business license. D. Government Entitv Exclusion. Payment of franchise fees and contract approved by the 6ity 6ouneil to provide cOffifflelTial SO[id waste handling servieea for the 6itr. (Ord. - No provision of this chapter shall apply to any commercial solid waste handling services that meet all Federal and state laws related to solid waste diversion, construction and demolition debris and are contracted by a Federal, State, County, agency or the City.