HomeMy WebLinkAbout2026-01 - Amending Chapter 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal Code Related to Solid Waste HaulingORDINANCE 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. 2026-1
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. 2026-1
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: Mayor Kleiman, Mayor Pro Tern Noah Blom, Councilmember
Barto, Councilmember Grant, Councilmember Stapleton,
Councilmember Weber, Councilmember Weiaand
NAYS:
ABSENT:
Lauren Kleiman, Mayor
ATTEST -
Lena Shumway,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
. S�
Aaron C. Harp
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, 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. 2026-01 was duly introduced on the 27th day of January, 2026, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 10th day of February, 2026, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Lauren Kleiman, Mayor Pro Tern Blom, Councilmember Michelle Barto,
Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember
Sara J. Weber, Councilmember Erik Weigand
NAYS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 11th day of February 2026.
k SEW PORT
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u Lena Shumway
cNAP City Clerk
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`'FOR City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2026-1 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: January 28, 2026
Adopted Ordinance: February 14, 2026
In witness whereof, I have hereunto subscribed my name this 16th day of February, 2026.
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u yam,_= s Lena Shumway
c�tIFORN�P City Clerk
City of Newport Beach, California