06 - Adding, Amending, and Repealing Various Provisions of the Newport Beach Municipal Code — Newport Beach City Council, November 28, 2023 (part 3 of 4)

ninety (90) day period. The Chief of Police may grant the owner's written petition upon a satisfactory showing by the owner that the responsible person(s) for the loud or unruly gathering are no longer in possession of or allowed to occupy the residential unit." Section 499:Subsection (P) of Section 10.66.070 (Administrative Hearing, Appeal) of Chapter 10.66 (Loud and Unruly Gathering) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:

P. Any owner or responsible person aggrieved by a written decision of a Hearing Officer following an administrative hearing may obtain review of the decision by filing a petition for review with the Orange County Superior Court, Harbor Justice Center in accordance with the timelines and provisions as set forth in Cal. Gov. Code Section 53069.4."
Section 500:Section 10.66.090 (Cumulative Remedies) of Chapter 10.66 (Loud and Unruly Gathering) of Title 10 of the Code is hereby deleted in its entirety.

Section 501:The Table of Contents for Chapter 10.68 (Targeted Residential Picketing) of Title 10 of the Code is hereby amended to read as follows:

Chapter 10.68

TARGETED RESIDENTIAL PICKETING
Sections:

10.68.010 Legislative Findings and Statement of Purpose.

10.68.020 Definitions.

10.68.030 Targeted Residential Picketing Prohibited.

Section 502: Section 10.68.040 (Public Nuisance) of Chapter 10.68 (Targeted Residential Picketing) of Title 10 of the Code is hereby deleted in its entirety.

Section 603:The Table of Contents for Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby amended to read as follows:

Chapter 10.70

CANNABIS REGULATIONS
Sections:

10.70.010 Legislative Findings and Statement of Purpose.

10.70.020 Definitions.

10.70.030 Prohibited Activities.
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Section 504: Section 10.70.010 (Legislative Findings and Statement of Purpose) of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:

10.70.010 Legislative findings and statement of purpose.

A. The City Council finds that the prohibitions on cannabis cultivation, cannabis processing, cannabis delivery, and cannabis dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activities is within the authority conferred upon the City Council in the City Charter and State law.

B. The City Council finds that this chapter: (1) expresses its intent to prohibit the cultivation of cannabis in the City; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community; and (4) expressly prohibit the delivery of cannabis in the City, to the extent permitted by State and federal law."
Section 505: Section 10.70.020 (Definitions) of Chapter 10.70 of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby amended to read as follows:

10.70.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. "Cannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including cannabis infused in foodstuff or any other ingestible or consumable product containing cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Cal. Food & Agr.

Section 81000 or Cal. Health & Saf. Code Section 11018.5.

B. "Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Cal. Health & Saf. Code Section 11362.7e.
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C. "Commercial cannabis activity" shall have the same meaning as set forth in Cal.

Bus. & Prof. Code Section 26001(j).

D "Cooperative" means two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis, with or without cultivation.

E. "Cultivation" or "Cultivate" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(I).

F. "Delivery" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(m).

G. "Dispensary" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(n). For purposes of this chapter, Dispensary shall also include a Cooperative.

H. "Medical cannabis" shall have the same meaning as set forth in Cal. Bus. & Prof.

Code Section 19300.5(af).

I. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" shall mean and refer to Cal. Bus. & Prof. Code Section 26000 et seq.

J. "Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates.

K. "Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Cal. Health & Saf. Code Section 11362.7.

Section 506: Section 10.70.030 (Prohibited Activities) of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"10.70.030 Prohibited activities.

A. No person shall establish, operate, conduct, permit or allow any cannabis or medical cannabis related use in the City, including, but not limited to, cannabis cultivation, processing, delivery, dispensary, cooperatives and all other commercial cannabis activities including, but not limited to, those activities for which a State license 6-251

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is required under the Medicinal and Adult -Use Cannabis Regulation and Safety Act, regardless of whether the cannabis is used for medicinal purposes, except where the City is preempted by federal or State law from enacting a prohibition on any such activity.

B. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for any activities that relate in any way to cannabis or medical cannabis uses including, but not limited to, cannabis cultivation, processing, delivery, the establishment or operation of a dispensary, a cooperative or other commercial cannabis activities including, but not limited to, activities for which a state license is required under the Medicinal and Adult - Use Cannabis Regulation and Safety Act, except where the City is preempted by federal or State law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

C. This section shall not limit the retail sale by delivery of medical cannabis to a qualified patient or caregiver from a location outside of the City's jurisdiction, or from a non -storefront retailer, which is closed to the public, and which is located in the City's jurisdiction on or after January 1, 2024. Any non -storefront retailer shall:

1. Have a non -storefront license issued by the Department of Cannabis Control prior to beginning operations within the City's jurisdiction.

2. Employ or contract for security personnel who are at least 21 years of age to provide security services on the premises. All security personnel employed or contracted for by the non -storefront retailer shall be licensed by the Bureau of Security and Investigative Services and shall comply with Cal. Bus & Prof. Code, Division 3, Chapters 11.4 and 11.5.

3. Obtain a business license from the City.

4. Require every person delivering cannabis to carry a copy of the following documentation, which shall be provided to law enforcement upon request:
a. A copy of the d non -storefront retailer's current permits, licenses, and entitlements authorizing them to provide transportation and distribution services; b. The person's government -issued identification;
c. A copy of the transportation and distribution request; and 6-252

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d. Chain of custody records for all medical cannabis being delivered, which shall include, but not be limited to, (i) the name, phone number and address of the qualified patient or caregiver; (H) the amount of medical cannabis to be or that was delivered; (iii) the date and time of delivery; and (iv) the delivery location.

D. No person who is an owner, manager, operator, contractor, or employee of a non - storefront retailer shall:

1. Sell or deliver cannabis or medical cannabis to any person other than a qualified patient or caregiver.

2. Sell any cannabis, medical cannabis, cannabis accessories, or branded merchandise from the non -storefront retailer's business location.

3. Sell or deliver within the City any promotional materials, branded merchandise, or cannabis accessories including, but not limited to, pipes, rolling paper, or vape cartridge batteries."
Section 507: Section 10.70.040 (Public nuisance) of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby deleted in its entirety.

Section 500: Section 10.70.050 (Violations) of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby deleted in its entirety.

Section 509: Section 10.70.060 (Severability) of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby deleted in its entirety.

Section 510: Section 11.03.030 (Definitions) of Chapter 11.03 (Special Events) of Title 11 of the Code is hereby amended to read as follows:

11.03.030 Definitions.

For the purposes of this chapter, certain terms shall have the meanings set out below:
"Applicant" means any person who seeks a permit under this chapter to operate a special event. For special events on private property the property owner shall be the applicant. For special events on public property, the operator shall be the applicant. An applicant who has received an approved permit under the provisions of this chapter shall also be considered a permit holder.
"Attendance" means the number of attendees anticipated to attend or who participate in a special event, whichever number is greater.
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"Attendee" means any person anticipated to attend or participate or who actually does participate in a special event.
"City property" means all real property and improvements owned, operated or controlled by City within the City's jurisdiction. City property includes, but is not limited to City Hall, police and fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights.
"Director" means the Recreation and Senior Services Director. "Level 1, 2, or 3 Permits" means a classification level of permit as determined by the Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event.
"Motorcade" means an organized procession containing twenty-five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley. "Operate" means to manage, stage, promote, sponsor or carry on a special event. "Operator" means the person who manages, stages, promotes, sponsors or carries on a special event.
"Outdoor(s)" means any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures.
"Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic regulations or controls provided in this Code and the Cal. Veh. Code.
"Reviewing Authority" means the person or body authorized under the provisions of this chapter to review and act upon a special event application, i.e., either a specified staff, Department Director or the City Council.
"Special event" means any special event described in Section 11.03.020(B). "Title 20" or "Zoning Code" means Title 20 of this Code.

Section 511: Subsection (C) of section 11.03.050 (Standards and Requirements) of Chapter 11.03 (Special Events) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"C. Other Requirements. In addition to the requirements set out in this section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of 6-254

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the bay and ocean, noise, temporary structures, signs and banners, outdoor lighting, insurance, which types and amounts shall be determined by the Risk Manager, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare."
Section 512: Subsections (F) and (H) of Section 11.03.060 (Permit Review Procedures) of Chapter 11-03 (Special Events) of Title 11 of the Code are hereby amended to read as provided below:
below: Subsection (F) of Section 11.03.060 shall read as set forth in the quotations "F. Appeals to City Manager. Within ten (10) days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten (10) days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." below: Subsection (H) of Section 11.03.060 shall read as set forth in the quotations "H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection (F) or (G) of this section shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one (1) or more of the findings for denial set out in subsection (E)(4) of this section, in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection (E)(5) of this section. The City Clerk shall notify the applicant in writing within five (5) days of the City Manager's decision.

The City Manager's decision on an appeal under subsection (F) of this section for all Level 2 permits shall be final as to the City but subject to judicial review pursuant to Cal.

Code Civ. Proc. Section 1094.5. The City Manager's decision under subsection (G) of this section and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100."
Section 513: Subsection (D) of Section 11.03.070 (City Services Deposits and Damage Reimbursement for Certain Special Events) of Chapter 11.03 (Special Events) of Title 11 of the Code is hereby amended to read as set forth in the, quotations below:
"D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director within five (5) days after receipt of the cleanup bill. The Director shall hear the appeal and the decision of the Director shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." 6-255

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Section 514: Section 11.03.100 (Appeals and Calls for Review) of Chapter 11.03 (Special Events) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"11.03.100 Appeals and Calls for Review.

Except as expressly provided herein, if an applicant is aggrieved by any decision of the City Manager under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council.

A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall provide written notification of the time and place set for hearing the appeal or call for review.

The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal or call for review was fled with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc.

Section 1094.5.

The right to appeal or call an item for review shall terminate upon the expiration of ten (10) days following service of the notice advising the applicant of the action of the City Manager. The notice shall be served in the manner provided in Section 1.08.080." Section 515:The Table of Contents for Chapter 11.04 (Parks, Park Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as follows:

Chapter 11.04

PARKS, PARK FACILITIES, AND BEACHES
Sections:

11.04.010
Intent and Purpose.

11.04.020
Definitions.

11.04.030
General Administration.

11.04.040
Park Hours.
11-04.050
Closed Park Areas.

11.04.060
Permit or Agreement Requirement.

11.04.070
Prohibited Conduct.

11.04.090
Abandoned Bicycle.

11.04.100
Violation of Rules and Policies of Department.

11.04.110
Ejection.
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11.04.120 Prohibition Against Obstructing Performance of City Employee.

11.04.130 Exemption.

11.04.140 Penalty,
Section 516: Section 11.04.020 (Definitions) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of Title I I of the Code is hereby amended to read as follows:

11.04.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section.
"Beach" or "beaches" means any public ocean front or bay front beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach areas. "Bicycle" means a device upon which any person may ride, which is propelled exclusively by human power through a belt, chain, or gears, and which has one or more wheels.
"Bicycle rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department. "Instructional activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a park, park facility, or on a beach.
"Park" or "park facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park -related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director. "Park patrol" and "park patrol officer" means and includes the park patrol officers authorized under Section 1.12.020.
"Regulations" means the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this chapter.
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Section 517: Section 11.04.050 (Closed
Park Facilities, and Beaches) of Title 11 of the
forth in the quotations below:

11.04.050 Closed Park Areas.

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Park Areas) of Chapter 11.04 (Parks,
Code is hereby amended to read as set
When necessary for the protection of the public interest, health, or welfare, the City Manager, Director, Chief of Police, or Fire Chief shall have the authority to close from public access or use any park, park facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed." Section 518: Section 11.04.080 (Smoking Prohibited) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of Title 11 of the Code is hereby deleted in its entirety.

Section 519: Section 11.04.090 (Abandoned Bicycle) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
" 11.04.090 Abandoned Bicycle.

Any bicycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Cal. Civ. Code Section 2080 et seq."
Section 520: Section 11.04.140 (Penalty) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"11.04.140 Penalty.

Unlawful sidewalk vending activities shall be punished in accordance with Chapter

5.97."
Section 521:The Table of Contents for Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as follows:
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Chapter 11.17

REGULATION OF VESSELS ALONG THE PACIFIC OCEAN
Sections:

11.17.005 Purpose and Intent.

11.17.010 Definitions.

11.17.020 Vessel Launching and Operation Prohibited.

11.17.030 Exceptions.

11.17.040 Vessel Storage Prohibited.

Section 522: Subsection (C) of Section 11.17.010 (Definitions) of Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"C. Vessel. All watercraft, including boats and personal watercraft, that are required to be numbered pursuant to the provisions of the Cal. Veh. Code." Section 523: Subsection (C) of Section 11.17.020 (Vessel Launching and Operation Prohibited) of Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"C. No person shall operate a vessel in any protected swimming area as specified in Chapter 11.12 of this Code."
Section 524:11.17.030 (Exceptions) of Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"11.17.030 Exceptions.

The provisions of this chapter shall not apply to:

A. Any vessel owned, operated by or under contract with the City, the United States, any State or any political subdivision of the State.

B. Activity involving vessels if authorized pursuant to a permit issued in accordance with the provisions of Chapter 11.03 of this Code and approved by the City Council.

C. The launching or operation of any vessel within the Dory Fishermen Fleet in the area between the Newport Pier and the prolongation of the westerly boundary of the Dory Fishermen Storage Shed."
Section 525:Section 11.17.050 (Penalty) of Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby deleted in its entirety. 6-259

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Section 526:The Table of Contents for Title 12 (Vehicles and Traffic) of the Code is hereby amended to read as follows:

Title 12
VEHICLES AND TRAFFIC*
Chapters:

12.04 Definitions

12.08 General Provisions

12.12 Vehicles on City Property

12.16 Enforcement and Obedience

12.20 Traffic Control Devices and Markings

12.24 Special Speed Zones

12.28 Turning Movements

12.32 Restricted Use of Certain Streets

12.36 Stop and Yield--Requirements—Signs

12.40 Stopping, Standing and Parking Regulations

12.44 Stopping, Standing and Parking Restrictions

12.46 Parking for Persons with Disabilities

12.48 Loading and Unloading

12.52 One-way Streets and Alleys

12.54 Oceanfront Boardwalk Safety Program

12.55 Upper Newport Bay Recreation and Scenic Trail

12.56 Bicycles —Registration and Regulations

12.57 Skateboarding and Rollerskating Regulations

12.62 Temporary Street Closure

12.63 Solid Waste Management

12.64 Vehicular Nuisances

12.66 Private Roads

12.68 Residents' Preferential Parking
Traffic Division and traffic engineers —See Chapter 2.32.

Off-street parking requirements —See Title 20,
Vehicles for hire, ambulances and taxicabs —See Chapters 5.12, 5.14 and 5.17.

Section 527:The Table of Contents for Chapter 12.04 (Definitions) of Title 12 of the Code is hereby amended to read as follows:
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Chapter 12.04

DEFINITIONS
Sections:
12,04.010
Definition Provision.

12.04.020
Alley.

12.04.030
Angle Parking.

12.04.040
Parallel Parking.

12.04.050
Central Traffic District.

12.04.055
Holidays.

12.04.060
Loading Zone.

12.04.070
Operator.

12.04.080
Park.

12.04.090
Parking Meter.

12.04.095
Payment.

12.04.100
Pedestrian.

12.04.120
Traffic.

12.04.130
Official Time Standard.

12.04.140
Official Traffic Control Devices.

12.04.150
Official Traffic Signals.

12.04.160
Parkway.

12.04.170
Passenger Loading Zone.

12.04.190
Police Officer.

12.04.200
Stop.

Section 528: Section 12.04.010 (Definition Provision) of Chapter 12.04 (Definitions) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.04.010 Definition Provision.

For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require.

Whenever any words or phrases used in this title are not defined herein, but are now defined in the Cal. Veh. Code, such definitions are incorporated herein, and shall be deemed to apply to such words and phrases used herein as though set forth herein in full."
Section 529: Section 12.04.110 (Street) of Chapter 12.04 (Definitions) of Title 12 of the Code is hereby deleted in its entirety.
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Section 530: Section 12.04.180 (Person) of Chapter 12.04 (Definitions) of Title 12 of the Code is hereby deleted in its entirety.

Section 531:Subsection (A) of Section 12.08.135 (Cruising Prohibited) of Chapter 12.08 (General Provisions) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:

A. The ranking peace officer within any area affected by traffic congestion may establish traffic control points to regulate cruising. Cruising is defined to mean the driving of a motor vehicle past a traffic control point established on a portion of any street identified as subject to cruising controls by signs posted at the beginning and end of the controlled roadway that briefly and clearly state the appropriate provisions of this section and Cal. Veh. Code Section 21100(k), and after the operator of the vehicle has been given the notice specified in this section. The ranking peace officer on duty within the area affected by traffic congestion shall be empowered to post the signs required by this section.'
Section 532: The Table of Contents for Chapter 12.12 (Vehicles on City Property) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.12

VEHICLES ON CITY PROPERTY
Sections:

12.12.010
Parking.

12.12.020
Speed.

12.12.030
Traffic Control Devices.

12.12.050
Parking Fees for City Parking Lots.

12.12.080
Parking Restrictions for Motorcycles,
Motorized Bicycles.

Motor -Driven Cycles and
Section 533: Subsection (C) of Section 12.12.010 (Parking) of Chapter 12.12 (Vehicles on City Property) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"C. Impoundment. When signs authorized by the provisions of subsection (B) are in place giving notice thereof, any member of the Police Department designated by the Chief of Police is authorized to remove or cause the removal of any such vehicle from City property to the nearest public garage or other place of safety, and shall give such notice as is indicated in Cal. Veh. Code Sections 22852 and 22853." Section 534: Section 12.12.040 (Parking Meters on City Hall Property) of Chapter 12.12 (Vehicles on City Property) of Title 12 of the Code is deleted in its entirety.
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Section 535: Subsection (A) of Section 12.16.060 (Exceptions) of Chapter 12.16 (Enforcement and Obedience) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"A. Emergency Vehicles. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Cal. Veh. Code Section 165 in response to an emergency call." Section 536: Subsection (B) of Section 12.20.010 (Authority to Install and Maintain) of Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby amended to read a as set forth in the quotations below:
"B. Installation. Whenever this Code or the Cal. Veh. Code requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto."
Section 537: Section 12.20.020 (Appropriate Signs Requisite for Enforcement) of Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.20.020 Appropriate Signs Requisite for Enforcement.

No provision of the Cal. Veh. Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person giving notice of such provisions of the traffic laws. No vehicle may be towed or removed from private property unless that property is posted with signs as required by Cal. Veh. Code Section 22658." Section 538: Section 12.20.040 (Installation of Traffic Signals) of Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.20.040 Installation of Traffic Signals.

The City Traffic Engineer is hereby authorized to install and maintain official traffic control signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. 6-263

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The City Traffic Engineer shall ascertain and determine the locations where such signals are required by resorting to field observation, traffic counts and other traffic information as may be pertinent and the determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the "California Manual on Uniform Traffic Control Devices," issued by the California Department of Transportation."
Section 539: Section 12.20.060 (Removal, Relocation or Discontinuation) of Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.20.060 Removal, Relocation or Discontinuation.

The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by State law by the provision of this chapter, wherever the City Traffic Engineer shall determine in any particular case that the conditions which warranted or required the installation no longer exist."
Section 540: Section 12.32.015 (Balboa Island Bridge Speed Restrictions) of Chapter 12.32 (Restricted Use of Certain Streets) of Title 12 is hereby amended to read as set forth in the quotations below:
"12.32.015 Balboa Island Bridge Speed Restrictions.

Pursuant to the procedures set forth in Cal. Veh. Code Section 22404, and after a public hearing held thereon, the City Council has determined that the maximum speed limit which can be maintained with safety on the Balboa Island Bridge shall be fifteen (15) miles per hour."
Section 541: Subsection (E) of Section 12.32.075 (Balboa Peninsula Traffic Access Control --Findings) of Chapter 12.32 (Restricted Use of Certain Streets) of Title 12 is hereby amended to read as follows:
"E. The City Council finds that the threat to the public health, safety and welfare brought about by severe traffic congestion along the Balboa Peninsula can be eliminated by authorizing the Chief of Police to restrict motor vehicle access to the peninsula during times of significant traffic congestion and/or when conditions are such that severe congestion will occur if access is not restricted." Section 542: Section 12.32.080 (Balboa Peninsula Traffic Access Control Points —Authorization to Establish) of Chapter 12.32 (Restricted Use of Certain Streets) of Title 12 is hereby amended to read as set forth in the quotations below:
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"12.32.080 Balboa Peninsula Traffic Access Control Points Authorization to Establish.

The Chief of Police shall be authorized to establish appropriate traffic access control points along Balboa Boulevard when it is determined by the Newport Beach Police that:

A. Normal movement of traffic along Balboa Boulevard will be impaired such that there is a threat to the health, safety and welfare of persons residing, working, or present in and along the Balboa Peninsula and the congestion would be eliminated or alleviated if access to the peninsula was controlled or restricted; or B. Little or no vehicular flow is occurring along Balboa Boulevard, and a significant number of vehicles are not promptly moving when an opportunity arises to do so. The authority to establish traffic access control points shall cease at such time as reasonably flowing traffic is restored."
Section 543:The Table of Contents for Chapter 12.36 (Stop and Yield -- Requirements —Signs) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.36

STOP AND YIELD--REQUIREMENTS--SIGNS
Sections:

12.36.010 Stop Signs.

12.36.020 Yield Right -of -Way Signs.

12.36.030 Through Streets and Alleys Designated.

Section 544: Section 12.36.010 (Stop Signs) of Chapter 12.36 (Stop and Yield -- Requirements —Signs) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.36.010 Stop Signs.

The City Traffic Engineer is authorized to approve the installation of, removal of, and erect and maintain stop signs conforming to the requirements of Cal. Veh. Code Section 21400 at the entrances to any or all through highways and stop intersections as in the City Traffic Engineer's opinion are reasonably necessary for the protection and safety of the traveling public.

In accordance with Cal. Veh. Code Section 21354, all major, primary and secondary streets and highways of the City as shown on the County Master Plan of Arterial Highways, originally adopted by resolution of the County Board of Supervisors on May 31, 1956, on file in the Office of the County Clerk, are hereby declared to be through 6-265

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highways together with such other highways as the City Council may by resolution from time -to -time declare to be through highways."
Section 545: Section 12.36.020 (Yield Right -of -Way Signs) of Chapter 12.36 (Stop and Yield —Requirements —Signs) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.36.020 Yield Right -of -Way Signs.

The City Traffic Engineer is authorized to determine those locations where the safe and orderly movement of traffic requires vehicles to yield the right-of-way to other traffic and to install, remove, erect and maintain yield signs conforming to the requirements of Cal.

Veh. Code Section 21400."
Section 546:Section 12.36.040 (Stop Intersections Designated) of Chapter

12.36 (Stop and Yield —Requirements —Signs) of Title 12 of the Code is hereby deleted in its entirety.

Section 547:The Table of Contents for Chapter 12.40 (Stopping, Standing, and Parking Regulations) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.40

STOPPING, STANDING AND PARKING REGULATIONS
Sections:

12.40.010 Application of Regulations.

12.40.020 Standing in Parkways Prohibited.

12.40.030 Parking on Private Property.

12.40.035 Parking on Private Streets and Drives.

12.40.040 Parking Duration Period.

12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles.

12.40.060 Parking for Certain Purposes Prohibited.

12.40.070 Parking on Grades.

12.40,080 Parking Parallel with Curb.

12.40.090 Angle Parking Indicators.

12.40.100 Angle Parking Streets.

12.40.110 Parking Space Indicators.

12.40.120 Obstructing Parking Space.

12.40.130 Permit for Angle Loading or Unloading.

12.40.140 Parking Adjacent to Schools.

12.40.150 Parking Prohibited on Narrow Streets.

12.40.160 Prohibited Parking Areas.

12.40.165 Parking Restriction in Electric Cart Zones.
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12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.

12.40.180 Emergency Parking Restrictions --Signs.

12.40.190 Causes for Removal and Storage.

Section 548: Subsection (B) of Section 12.40.010 (Application of Regulations) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"B. Time Limits. The provision of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Cal. Veh. Code, this Code or the ordinances of this City, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times." Section 549:Section 12.40.035 (Parking on Private Streets and Drives) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below s:
"12.40.035 Parking on Private Streets and Drives.

No person shall park a vehicle on a private street or drive in such a fashion that the vehicle blocks the private street or drive so as to prevent vehicular ingress or egress thereto; provided that signs giving notice that such parking is in violation of Section

12.40.035 of this Code are erected or placed twenty-four (24) hours prior to the violation."
Section 550: Section 12.40,055 (Parking of Certain Oversized Vehicles and Nonmotorized Vehicles) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential Districts Prohibited.

A. Prohibition.

1. Subject to the exceptions set forth in subsection (G), no person shall, at any time, park or leave standing any large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, on any public street or alley within any residential district or adjacent to any public park or school, or within five (500) hundred feet of the entrance to any public park, day care center, or school, as measured from the property line.

2. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall use a generator that is associated 6-267

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in any way with the vehicle while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot.

3. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall do any of the following while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot: (a) conduct any business or commercial activity; (b) park the vehicle outside of the area marked for the parking of the vehicle; or (c) place any item outside of the vehicle on City property or store any item under or around the vehicle including, but not limited to, solar panels, a barbeque, a mat, recliner, table, or chairs.

B. Large Motor Vehicle Defined. For the purpose of this section, "large motor vehicle" shall mean any motor vehicle eighty-four (84) inches or more in width AND more than eighty-four (84) inches in height OR more than twenty-two (22) feet in length, with the exception of heavy-duty commercial vehicles and nonmotorized vehicles as defined below.

C. Heavy -Duty Commercial Vehicle Defined. For the purpose of this section, "heavy- duty commercial vehicle" shall mean any commercial vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty-four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more.

D. Nonmotorized Vehicle Defined. For the purpose of this section, "nonmotorized vehicle" shall mean any trailer or any other device which is not self-propelled.

E. Residential District. For the purpose of this section, the term "residential district" shall mean any area within the City which is zoned R-A, R-1, R-BI, R-2, RM, RMD PRD (planned residential district), and those portions of planned community districts and specific plan districts which are specified for residential uses.

F. Measurements. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included.

G. Exceptions. The prohibition set forth in subsection (A), shall not apply to the following:

1. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked for less than twenty-four (24) consecutive hours if parked adjacent to the owner's residence for the purposes of loading, unloading, cleaning, battery - charging, or other activity preparatory or incidental to travel; 6-268

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2. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked adjacent to the owner's residence or at such other location approved by the Chief of Police, for no more than seventy-two (72) hours for the purposes of loading, unloading, cleaning, battery -charging, or other activity preparatory or incidental to travel, provided permission has been granted by the Chief of Police;

3. Nonmotorized vehicles parked at the designated boat launching area at 18th Street and Bay Avenue;

4. To any motor vehicle or nonmotorized vehicle parked to make emergency repairs to such vehicle, repairs to adjacent property, or to make deliveries to adjacent property;

5. To any motor vehicle displaying authorized placards or license plates pursuant to the Cal. Veh. Code Sections 5007 and 22511.55 identifying the physically handicapped or disabled person.

6. Any motor vehicle or non -motorized vehicle, currently registered and licensed by the Department of Motor Vehicles, that is parked in the REQ (SP 7) district of Santa Ana Heights for the express purpose of load inglunloading or standing for a period not to exceed seventy-two (72) hours. This exemption is exclusively for vehicles involved with the transportation of horses and does not pertain to any commercial vehicle not involved with the movement and placement of horses.

7. To a motor vehicle legally parked in public park parking lot.

8. To any motor vehicle that is: (a) legally parked in a school or day care center parking lot; (b) authorized to be at the location pursuant to a special events permit; (c) authorized to be at the location by the City Manager; (d) authorized to be at the location by the lessee of the property; (e) owned by a governmental entity; or (f) trucks actively being used for commercial purposes including the preparation of food, the delivery of food or cargo, and construction or maintenance activities." Section 551: Section 12.40.080 (Parking Parallel with Curb) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.40.080 Parking Parallel with Curb.

Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting stopping or standing. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a 6-269

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vehicle upon the left-hand side of such one-way roadway unless signs or markings are in place permitting such standing or parking.

The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof." Section 552:Section 12.40,100 (Angle Parking Streets) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended as set forth in the quotations below:
"12,40.100 Angle Parking Streets.

Upon the following described streets, all parking of motor vehicles shall be angle parking:

Lido Park Drive, southwesterly side only, from 28th Street to a point four hundred and five (405) feet northwesterly,
McFadden Place, from Balboa Boulevard to Ocean Front.

Ocean Front, from McFadden Place to 24th Street.
15th Street, from Irvine Avenue to Clay Street, and its northerly extension. 15th Street, from Ocean Front to Newport Bay.
17th Street, east side only, from first alley, south of Balboa Boulevard to Ocean Front. 28th Street, north side only, from Balboa Boulevard to Newport Boulevard.

Hilaria Way, cul-de-sac portions, westerly of and easterly of Flagship Road.

Avon Avenue, westerly of Riverside Avenue.

Villa Way, west side only, from 32nd Street to the alley southerly of 32nd Street. 32nd Street from Villa Way to Newport Boulevard.

The Arcade."
Section 553: Subsection (C) of Section 12.40.160 (Prohibited Parking Areas) of Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
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"C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official traffic control device."
Section 554: Section 12.44.030 (Off -Street Parking Meter Zones) of Chapter

12.44 (Stopping, Standing and Restrictions) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:

12.44.030 Off -Street Parking Meter Zones.

The City Council may by resolution establish off-street parking meter zones, including any land owned, leased or controlled by the City, as traffic and parking conditions require. Such resolution shall also establish the fees for parking in such off-street parking meter zones."
Section 555: Subsection (A) of Section 12.44.125 (Commercial In-Lleu Parking Fees) of Chapter 12.44 (Stopping, Standing and Restrictions) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"A. Permit Required. In lieu of providing the required off-street parking on site pursuant to Title 20 of this Code, a commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee -owned lot by paying an annual fee of one hundred fifty dollars ($150.00) per parking space or a fee per space as set by resolution adopted by the City Council. Said municipal parking lot must be located within reasonable proximity to the commercial business as to be useful to said business." Section 556: The Table of Contents for Chapter 12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.46

PARKING FOR PERSONS WITH DISABILITIES
Sections:

12.46.010 Parking for Persons with Disabilities.

12.46.020 Establishment of On -Street Parking Spaces.

12.46.030 Establishment of Off -Street Parking Spaces.

12.46.040 Unauthorized Parking Prohibited.

Section 557: Section 12.46.010 (Parking for Persons with Disabilities) of Chapter

12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.46.010 Parking for Persons with Disabilities.
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This ordinance shall be known and may be cited as the Parking for Persons with Disabilities Ordinance of the City of Newport Beach,"
Section 557: Section 12.46.020 (Establishment of On -Street Parking Spaces) of Chapter 12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.46.020 Establishment of On -Street Parking Spaces.

When so directed by a resolution of the City Council, the City Traffic Engineer is authorized to designate parking spaces for the exclusive use of persons who are physically disabled and whose vehicles display a distinguishing placard or license plate issued to individuals with disabilities, as specified in the Cal. Veh. Code.

Such parking space shall be indicated by blue paint on the curb or on the edge of the paved portion of the street adjacent to the space. In addition to blue paint, this space may also be indicated by standard approved signs consisting of a profile view of a wheelchair with occupant in white on a blue background posted immediately adjacent to, or visible from, each parking space."
Section 558: Section 12.46.030 (Establishment of Off -Street Parking Spaces) of Chapter 12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.46.030 Establishment of Off Street Parking Spaces.

A. The City Traffic Engineer when so directed by a resolution of the City Council, is authorized to designate spaces City -owned, leased or controlled off-street parking facilities for the exclusive use of individuals who are physically handicap and whose vehicles display a distinguishing placard or license plate issued to persons with disabilities pursuant to the Cal Veh. Code.

B. The City may cause the removal, from a stall or space designated for persons who are physically handicap, of any vehicle not displaying one of the distinguishing placards or license plates authorized by the Cal. Veh. Code, if there is posted immediately adjacent to, and visible from, such stall or space a sign which clearly and conspicuously states the following:
`Unauthorized vehicles not displaying distinguishing placards or license plates issued to persons with physical disabilities will be towed away at owner's expense. Towed vehicles may be reclaimed at the Police Department, 870 Santa Barbara Drive, Newport Beach, California, or by telephoning the Police Department at 644-3717."' 6-272

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Section 559: Section 12.46.040 (Unauthorized Parking Prohibited) of Chapter

12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.46.040 Unauthorized Parking Prohibited.

No person shall park a vehicle in a space or stall as designated in Sections 12.46.020 or 12.46.030 of this chapter without displaying distinguishing placards or license plates issued for persons who are physically handicapped pursuant to Cal. Veh. Code Sections 5007, 22511.55 or 22511.59."
Section 560: The Table of Contents for Chapter 12.52 (One -Way Streets and Alleys) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.52

ONE-WAY STREETS AND ALLEYS
Sections:

12.52.010
Placement of Appropriate Signs.

12.52.020
Obedience to One -Way Signs.
12,52.030
Balboa Island.

12.52.040
Corona del Mar,

12.52.050
Balboa.

12.52.060
Newport Beach.

12.52.070
Lido Isle.

Section 561: Section 12.52.080 (Newport Heights) of Chapter 12.52 (One -Way Streets and Alleys) of Title 12 of the Code is hereby deleted in its entirety.

Section 562: Without making any other changes to the other definitions set forth in Section 12.54.020, the definition of "Electric bicycle", "Electrically motorized board", "Motorized bicycle" and "Motorized scooter" set forth in Section 12,54.020 (Definitions) of Chapter 12.54 (Oceanfront Boardwalk Safety Program) of Title 12 of the Code are hereby amended as follows:
"Electric bicycle" has the same meaning as defined in Cal Veh. Code Section 312.5. "Electrically motorized board" has the same meaning as defined in Cal. Veh. Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in Cal. Veh. Code Section 406. "Motorized scooter" has the same meaning as defined in Cal. Veh. Code Section 407.5. 6-273

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Section 563: Subsection (B) of Section 12.55.070 (Penalties) of Chapter 12.54 (Oceanfront Boardwalk Safety Program) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"B. Any person violating the provisions of Section 12.55.040 shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) provided, however, the violation may be prosecuted as infraction pursuant to the provisions of Section 1.04.010 (A) of this Code."
Section 564: Section 12.56.050 (Designation of Bicycle Lanes) of Chapter 12.56 (Bicycles —Registration and Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.56.050 Designation of Bicycle Lanes.

The City Traffic Engineer is authorized to designate bicycle lanes on streets and shall mark and sign them in conformance with Cal. Veh. Code Section 21400." Section 565: Section 12.56.080 (Motorized Bicycles) of Chapter 12.56 (Bicycles —Registration and Regulations) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.56.080 Motorized Bicycles.

The licensing requirements of this chapter are applicable to motorized bicycles as that term is defined by Cal. Veh. Code Section 406."
Section 566. Section 12.62.030 (Issuance of Permit) of Chapter 12.62 (Temporary Street Closure) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
°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. 6-274

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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." Section 567: Section 12.62.040 (Appeal and Call for Review) of Chapter 12.62 (Temporary Street Closure) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"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 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, falling 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 fled 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 Cal. Code Civ. Proc. 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."
Section 568:Subsection (B) of Section 12.63.010 (Purpose and Intent) of Chapter 12.63 (Solid Waste Management) of title 12 of the Code is hereby amended to read as set forth in the quotations below:
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"B. It is necessary to regulate the collection of solid waste and to encourage recycling of solid waste materials, to meet the requirements of the California Integrated Waste Management Act of 1989, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq.
„
Section 569: Section 12.63.020 (Definitions) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as follows:

12.63.020 Definitions.

For purposes of this chapter, certain terms are defined as follows:
"Collect" or "Collection" means the operation of gathering together and/or transporting by means of a motor vehicle or other means, any solid waste or recyclable material. "Commercial premises" means all occupied real property in the City including, without limitation, multiple housing (including housing projects containing or consisting of four or more 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 or bin 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, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq., to compensate the City for damages to its streets, sidewalks, curbs and gutters and other infrastructure 6-276

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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 XI I I 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 any way to 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 Cal.

Pub. Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at Cal. Health & Saf. Code Sections 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 by two or more agencies having jurisdiction over 6-277

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hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall be construed to have the broader, more encompassing definition. "Industrial waste" means solid waste originating from 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 our 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. "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 Cal. Pub.

Resources Code.

Section 570: Subsections (A), (13)(7) and (E) of Section 12.63.050 (Application for Franchise) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code are hereby amended to read as set forth below:
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below: Subsection (A) of Section 12.63.050 shall read as set forth in the quotations "A. Required Forms. An application for a franchise shall be filed in the office of the Public Works Department in writing on forms prescribed by the Public Works Director." below.- Subsection (B)(7) of Section 12.63.050 shall read as set forth in quotations

7. Such further information as the Public Works Director may reasonably require to evaluate and process the application."
Subsection (E) of Section 12.63.050 shall read as set forth in quotations below. "E. Waivers. The Public Works Director may waive the submission of items deemed unnecessary."
Section 671: Section 12,63.060 (Public Works Department Review) of Chapter

12.63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.63.060 Municipal Operations Department Review.

A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an application, the Public Works Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.

B. Incomplete Applications. If the application is determined not to be complete, the Public Works Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) day review period shall begin to determine the completeness of the application.

C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Public Works Department and the applicant."
Section 572: Section 12.63.070 (Processing the Application) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
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"12.63.070 Processing the Application.

Upon receiving an application that contains all of the information described in this chapter which is both complete and in a form acceptable to the Public Works Director, the Public Works Director shall process the application in accordance with the provisions of this chapter and Article XII I of the City Charter for consideration by the City Council."
Section 573: Subsection (B) of Section 12.63.090 (Franchise Fees and Environmental Liability Fund Fees) of Chapter 12,63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"B. Pursuant to Cal. Pub. Resources Code, Division 30, Part 2, Chapter 8, Section 41900, et seq., the ordinance granting the franchise shall prescribe a specific percentage of the fee for preparing, adopting and implementing an integrated waste management plan consistent with the SRRE. That portion of the fee shall be separately accounted for and shall be used only for the costs stated in Cal. Pub. Resources Code Section 41901."
Section 574: Section 12.63.130 (City Inspection Authority) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.63.130 City Inspection Authority.

Any franchisee providing commercial solid waste handling services or conducting a solid waste enterprise in the City shall keep and maintain books of account, income statements, tonnage reports and supporting documents and all other documents that relate in any way to business transactions conducted by the person in the City for a period of three (3) years after said service was provided and shall make these records and documents available to the City upon request by the City Manager, Public Works Director or Finance Director."
Section 575: Subsections (B) and (E) of Section 12.63.140 (Termination) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code are hereby amended to read as set forth below:
below: Subsection (B) of Section 12.63.140 shall read as set forth in the quotations "B. A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the discretion of the Public Works Director, to the franchisee at the franchisee's address of record, shall state grounds for suspension or termination 6-280

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and shall give the franchisee notice of the time, date and place of a hearing before the City Council, which shall be convened not less than fifteen (15) days and no more than sixty (60) days after the date of notice, subject to continuance with the consent of the parties."
Subsection (E) of Section 12.63.140 shall read as set forth in the quotations below. "E. The decision to suspend or terminate shall contain findings of fact, a determination of the issues presented and shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. Any suspension of a nonexclusive franchise shall state specific conditions upon which the nonexclusive franchise may be reinstated or terminated."
Section 576: The Table of Contents for Chapter 12.64 (Vehicular Nuisances) of Title 12 of the Code is hereby amended to read as follows:

Chapter 12.64

VEHICULAR NUISANCES
Sections:

12.64.010
Scope.

12.64.020
Definitions.

12.64.030
Prohibited Operations.

12.64.040
Exceptions.

12.64.050
Operation by Permit.

12.64.060
Right to Revoke.

12.64.070
Appeal or Cali for Review.

Section 577: Section 12.64.070 (Appeal or Call for Review) of Chapter 12.64 (Vehicular Nuisances) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:

12.64.070 Appeal or Call for Review.

Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the Chief of Police that said permit has been denied. A member of the City Council, in their official capacity, may call for review any decision of the Chief of Police under this chapter by filing written notice with the City Clerk within ten (10) days after the Chief of Police's decision. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal or call for review with the City Clerk. 6-281

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The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 578: Section 12.64.080 (Violation —Penalties) of Chapter 12.64 (Vehicular Nuisances) of Title 12 of the Code is hereby deleted in its entirety.

Section 579: Section 12.64.090 (Separability) of Chapter 12.64 (Vehicular Nuisances) of Title 12 of the Code is hereby deleted in its entirety.

Section 580: Section 12.66.010 (Intent and Purpose) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.66.010 Intent and Purpose
This chapter is designed to provide for the application of the provisions of the Cal. Veh.

Code to privately owned and maintained roads that are not generally open for use of the public for purposes of vehicular travel by reason of their proximity to or connection with highways, when it is determined that the interests of any resident residing along such roads and the motoring public will be best served by the application of said provisions, as authorized by Cal. Veh. Code Section 21107.7.

Whenever the term "California Vehicle Code" is used in this chapter, it shall be deemed to and shall include traffic regulations adopted by the City Council pursuant to any authorization of the Cal. Veh. Code as codified in Title 12 of this Code." Section 581:Section 12.66.020 (Signs) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.66.020 Signs.

Appropriate signs shall be erected at the entrance to any privately owned and maintained road, of such size, shape and color as to be readily legible during daylight hours from a distance of one hundred (100) feet, to the effect that said road is subject to the provisions of the Cal. Veh. Code."
Section 582: Section 12.66.030 (Application of Vehicle Code to Private Roads in The Big Canyon Planned Community District) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.66.030 Application of Vehicle Code to Private Roads in The Big Canyon Planned Community District.
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The provisions of the Cal. Veh. Code shall not apply to any streets except the following:

Canyon Island Drive, Sea Pine Lane, Sea Island Drive, Pine Valley Lane, Pauma Lane, Eldorado Lane."
Section 583: Section 12.66.050 (Application of Vehicle Code to Private Roads in Newport Condominiums) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.050 Application of Vehicle Code to Private Roads in Newport Condominiums.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Newport Condominiums residential development in the City:

Sundance Drive
Surfside Court
Latitude Court
Riptide Court
Seamist Circle
Starfish Court
Sandflower Court
Sand Dollar Court
Seabird Court
Walkabout Circle
Discovery Drive
Summerwalk Court
Northwind Court
Big Dipper Court
Moonrise Court
Windsong Court
Starburst Court
Section 584: Section 12,66.060 (Application of Vehicle Code to Private Roads in Broadmoor Seaview Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.060 Application of Vehicle Code to Private Roads in Broadmoor Seaview Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Broadmoor Seaview residential development in the City:

Yacht Coquette
Yacht Colinia
Yacht Camilla
Yacht Mischief
Yacht Defender
Yacht Radiant
Yacht Reliance
Yacht Yankee
Yacht Volante
Yacht Maria
Yacht Grayling
Yacht Enchantress
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Yacht Wanderer
Yacht Vigilant
Yacht Vindex
Yacht Resolute
Yacht Truant
Yacht Julia
Yacht Puritan
Yacht Daphne
Section 585: Section 12.66.062 (Application of Vehicle Code to Private Roads in the Belcourt Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.062 Application of Vehicle Code to Private Roads in the Belcourt Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Belcourt residential development in the City:

Barrenger Court
Haverfield
Bayridge Drive
Hillsdale Drive
Belcourt Drive
Huntington Court
Bexley Drive
Leesbury Court
Bradbury
Northampton Court
Brittany
Rockingham Road
Chadbourne Court
Seaborough
Chatham Court
Southampton Court
Cheshire Court
Westport
Chesterfield
Weybridge Court
Hartford Drive
Weymouth Court
Woodburne
Section 586: Section 12.66.064 (Application of Vehicle Code to Private Roads in the Harbor Pointe Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.064 Application of Vehicle Code to Private Roads in the Harbor Pointe Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Harbor Pointe residential development in the City:

Harbor Pointe
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Section 587: Section 12.66.070 (Application of Vehicle Code to Private Roads in the Sea Island Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.070 Application of Vehicle Code to Private Roads in the Sea Island Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Sea Island residential development in the City:

Island Lagoon Drive Sea Vista Drive
Sea Cove Lane Seabrook Cove
Ocean Vista Bay Cove Lane
Section 588: Section 12.66.080 (Application of Vehicle Code to Private Roads in the Sea Island Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.080 Application of Vehicle Code to Private Roads in Harbor Ridge Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Harbor Ridge residential development in the City:

Bordeaux
Napoli
Cherbourg
Narbonne
Coventry
Ridgeline Drive
Crestwood Drive
Salzburg
Geneve
San Sebastian
Harbor Ridge Drive
St. Tropez
Kensington Court
Strafford
La Rochelle
Toulon
Lucerne
Trafalgar
Monaco
Vienna
Montpellier
Wellington Court
Yorkshire
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Section 589: Section 12,66.082 (Application of Vehicle Code to Private Roads in the Terraces of Corona del Mar Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.082 Application of Vehicle Code to Private Roads in the Terraces of Corona del Mar Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in The terraces of Corona del Mar residential development in the City:

Narcissus Avenue
Lilac Avenue
Geranium Avenue
Poppy Avenue
Daffodil Avenue
Poppy Lane
Section 590: Section 12.66.083 (Application of Vehicle Code to Bayview Circle) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to as set forth in the quotations below:

12.66.083 Application of Vehicle Code to Bayview Circle.

The provisions of the Cal. Veh. Code shall apply to Bayview Circle." Section 591: Section 12.66.085 (Application of Vehicle Code to Private Roads) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as set forth in the quotations below;
"12.66.085 Application of Vehicle Code to Private Roads.

Cal. Veh. Code Section 22514 which prohibits parking within fifteen (15) feet of a fire hydrant shall apply to all private streets within the City." Section 592: Section 12.66.087 (Application of Vehicle Code to Private Roads in the Newport North Villas Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.087 Application of Vehicle Code to Private Roads in the Newport North Villas Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Newport North Villas residential development in the City:

Corte Portofino Corte San Rafael
Corte Hermosa Corte Linda
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Corte Portal Corte Caleta
Corte Marin
Section 593: Section 12.66.088 (Application of Vehicle Code to Private Roads in the Villa Balboa Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.088 Application of Vehicle Code to Private Roads in the Villa Balboa Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Villa Balboa Development in the City:

Nice Lane
Cagney Lane, south of Nice Lane
Paris Lane
Stare Lane
Reims Lane
Lille Lane
Section 594: Section 12.66.090 (Application of Vehicle Code to Private Roads in the Harbor Cove Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the Harbor Cove Development:

Arch Bay Drive Sea Ridge Drive
High Bluff Drive Spring Tide Drive
Newporter Way
Section 595: Section 12.66.092 (Application of Vehicle Code to Private Roads in the Baypointe Apartments Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.092 Application of Vehicle Code to Private Roads in the Baypointe Apartments Development.
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The provisions of the Cal. Veh. Code shall apply to the following private streets in the Baypointe Apartments Development in the City:

Baypointe Drive
Section 596: Section 12,66.094 (Application of Vehicle Code to Private Roads in the Jasmine Park Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:
12-66.094 Application of Vehicle Code to Private Roads in the Jasmine Park Development.

The provisions of the Cal. Veh, Code shall apply to the following private streets in the Jasmine Park Development in the City:

Hibiscus Court Sandcastle Drive
Gardenia Way
Section 697: Section 12.66.096 (Application of Vehicle Code to Private Roads in the One Ford Road Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.096 Application of Vehicle Code to Private Roads in the One Ford Road Development.

The provisions of the Cal. Veh. Code shall apply to the following private streets in the One Ford Road Development in the City:

Southern Hills Drive
Old Course Drive
Troon Drive
Turnberry Drive
Crooked Stick Drive
Turtle Bay Drive
Oyster Bay Drive
Sawgrass Drive
Edgewood Drive
Long Bay Drive
Spanish Bay Drive
Single Tree Drive
Country Club Road
Jupiter Hills Drive
Gleneagles Drive
oak Tree Drive
Honors Drive
Colonial Drive
Vintage Drive
Thunderbird Drive
Maidstone Drive
Ironwood Drive
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Section 598:Section 12.66.098 (Application of Vehicle Code to Private Roads in the Newport Ridge North Community) of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as follows:

12.66.098 Application of Vehicle Code to Private Roads in the Newport Ridge North Community.

The provisions of the Cal. Veh, Code shall apply to the following private streets in the Newport Ridge North residential development in the City:

Bandol
Nerval
Bargeman
Riez
Cavaillon
Rivage
Chambord
Rochelle
Fayence
Ronsard
Ferrand
Seyne
Fontaine
Sommet
Harcourt
Tarascon
Darden
Vernon
Le Mans
Vincennes
Musset
Section 599: Subsection (C) of Section 12.68.040 (Preferential Parking Privileges —Issuance of Permits) of Chapter 12.68 (Residents' Preferential Parking) of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing January 1 st and ending December 31 st, or fraction thereof, or until the preferential parking zone for which such permit was issued is eliminated, whichever period is less."
Section 600:The Table of Contents for Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as follows:
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Chapter 13.01

STREET CONSTRUCTION PERMITS
Sections:

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13.01.010
Findings and Purpose.

13.01.020
Permit Required.

13.01.030
Application.

13.01.040
Fees.
13-01.050
Standards for Issuance of Permit.

13.01.060
Conditions and Fair Share Fees.

13.01.070
Bonds and Insurance.

13.01.080
Appeal or Call for Review.

13.01.090
Datum Plane.

13.01.100
Duty of Property Owners to Repair and Maintain.

Section 601. Section 13.01.040 (Fees) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.01.040 Fees.

An application for permit shall be accompanied by a fee as set forth in a resolution adopted by the City Council. In addition to the application fee, the Public Works Director may charge a fee for all inspection, plan checking and engineering services performed in conjunction with the application."
Section 602: Section 13.01.070 (Bonds and Insurance) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.01.070 Bonds.

The following bonds shall be posted by the applicant prior to performing any work under a permit issued pursuant to this chapter:

A. A labor and materials bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City; B. A performance bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City; C. Insurance, which types and amounts shall be determined by the Risk Manager; and
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D. Such other bonds, policies of insurance or guarantees, as may be determined necessary or appropriate by the Public Works Director and Risk Manager, to ensure that City is protected from loss, liability, claim or damage that may arise out of, or any way relate to, the performance of work pursuant to the permit." Section 603: Section 13.01.080 (Appeal or Call for Review) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.01.080 Appeal or Call for Review.

Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the decision to the City Council by filing written notice of appeal. The appeal must be filed with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. mail, postage prepaid and addressed to the parties as provided on the application for permit. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director under this chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of the decision is served in the manner provided in Section 1.08.080. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing on the appeal or call for review within a reasonable period of time. The City Council may preside over the hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision, together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City Council shall hear all decisions called for review.

The City Council shall render its decision within thirty (30) days from the date of the hearing, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." Section 604: Section 13.01.090 (Datum Plane) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.01.090 Datum Plane.

The North American Vertical Datum of 1988 (NAVD 88) is hereby established as the official datum plane of the City for the purpose of determining the grades and elevations of streets and sewers and for any other public works within the City, and for measuring all other grades, elevations, or surface points in the City, except that harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established by the United States Coast and Geodetic Survey in and around Newport Harbor."
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Section 605: Section 13.01.100 (Duty of Property Owners to Repair and Maintain) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.01.100 Duty of Property Owners to Repair and Maintain.

When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, or when any condition shall exist on any sidewalk as is defined in Cal. Sts. & Hy. Code of Section 5600, then no owner or person liable shall neglect or refuse to make repairs when required to do so in the manner and as provided for in Cal. Sts. & Hy. Code Sections 5610-5618." Section 606: Section 13.06.070 (Right of Appeal and Call for Review) of Chapter

13.06 (Curb Cuts and Other Alterations to Public Streets) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.06.070 Right of Appeal and Call for Review.

Any person who objects to or disagrees with any decision of the Public Works Director which is made pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal with the City Clerk within thirty (30) days after the notice of the decision of the Public Works Director is served in the manner provided in Section

1.08.080. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director which is made pursuant to this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter, and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. The City Clerk shall notify the property owner of the decision of the City Council in the manner provided in Section 1.08.080." Section 607: Section 13.07.010 (Establishment of Nuisance Abatement Procedure) of Chapter 13.07 (Replacement of Curb Cuts and Driveway Approaches) of Chapter 13.07 (Replacement of Curb Cuts and Driveway Approaches) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:

13.07.010 Establishment of Nuisance Abatement Procedure. 6-292

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Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for reasonable vehicular access to the property served is hereby declared a nuisance which may be abated pursuant to the procedure established by this chapter which is adopted under the authority contained in City Charter Section 200 and Cal. Gov. Code Section 38773.5."
Section 608:The Table of Contents for Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as follows:

Chapter 13.08

PLANTING
Sections:

13.08.010 Jurisdiction and Authority.

13.08.020 Official Tree List.

13.08.030 Removal or Relocation of Plants by City.

13.08.040 Tampering with Planting Prohibited.

13.08.050 Prohibited Activities.

13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway,
Section 609:Section 13.08.010 (Jurisdiction and Authority) of Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.08.010 Jurisdiction and Authority.

Subject to the administrative control established by the City Charter, any applicable City Council policy, and the provisions of this chapter, the Public Works Department shall exercise jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all public areas under the control of the City, and shall have the authority and duties prescribed in this chapter."
Section 610: Section 13.08.020 (Official Tree List) of Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.08.020 Official Tree List.

The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion thereof. The list shall be adopted by resolution and provided to the public by the Public Works Department upon request."
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Section 611: Subsection (D) of Section 13.08.050 (Prohibited Activities) of Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"D. Attaching Electrical Apparatus. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street right-of-way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the Deputy Public Works Director — Municipal Operations, trim, cut or break any part of such tree, shrub, or plant to make passage for electric wires."
Section 612: Section 13.08.060 (Owners of Premises Required to Trim Branches) of Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.08.060 Owners of Premises Required to Trim Branches.

The occupant in charge or, if there is no such occupant, the owner of every lot or parcel of land shall:

A. Maintain the area between their property line and the curb of the street including, but not limited to, all landscaping, plants and grass in the parkway; and B. Trim the branches of any tree, shrub, or plant on the property and all shrubs and plants in the area between their property line and curb of the street, so that same shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic thereon or obstruct the passage of light from any streetlight to the street or sidewalk.

The City shall trim and prune all trees located in the public street right-of-way." Section 613:Section 13.09.010 (Parkway Trees Required) of Chapter 13.09 (Parkway Trees) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.09.010 Parkway Trees Required.

Any person who constructs a new building, who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size, shall be responsible for planting trees in the parkway abutting the building site in accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty-six inch (36") box of the type, variety and/or species determined by the City in accordance with the City Street Tree Designation List. Automated irrigation shall be established for the newly planted tree from the property under construction. If the City determines that because of 6-294

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the location, terrain or condition of the property that required tree planting is impractical at the abutting parkway, the City shall plant the thirty-six inch (36") box tree at a location designated by the City."
Section 614: Section 13.18.010 (Applicability) of Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.18.010 Applicability.

Notwithstanding any other provisions of this Code, it is unlawful for any restaurant business to place furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid sidewalk cafe license encroachment permit which shall provide for indemnification of the City and the maintenance of liability and other insurance coverage as determined by the Risk Manager, and which shall conform to City Council Policy regarding sidewalk cafe standards and procedures."
Section 615: The Table of Contents for Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as follows:

Chapter 13.20

PUBLIC RIGHTS -OF -WAY
Sections:

13.20.010 Purpose Authority.

13.20.020 Definitions.

13.20.030 City Policies Regarding Use of the PROW.

13.20.040 PROW Permit —Applicability.

13.20.050 Exemption.

13.20.060 PROW Permit Application.

13.20.070 Issuance of a PROW Permit.

13.20.080 Construction Plan.

13.20.090 Conditions of Use of PROW.

13.20.100 Excavations.

13.20.110 Post -Excavation Repair and Maintenance.

13.20.120 Coordination of Excavation.

13.20.130 Financial Security and Fees.

13.20.140 Duty to Remove Facilities from PROW and Public Property.

13.20.150 Construction and Maintenance.

13.20.160 Construction Default.

13.20.170 City Vacation or Abandonment.

13.20.180 Facilities Agreements.

13.20.190 System Location Data.

13.20.200 Indemnity.
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13.20.210 Insurance.

13.20.220 Failure of the City to Enforce this Chapter.

13.20.230 Company or its Assignees Subject to Present and Future Ordinances and/or Resolutions.

13.20.240 Notices.

13.20.250 Administration --Declaration of Powers and Authority.

13.20.260 Revocation and Termination.

13.20.270 Appeals from Action of the Director.

13.20.275 Possessory Interest.

13.20,280 City's Obligation.

13.20.290 Opportunity to Cure and Correct.

Section 616: Section 13,20.020 (Definitions) of Chapter 13.20 (Public Rights -of - Way) of Title 13 of the Code is hereby amended to read as set forth below:

13.20.020 Definitions.

For purposes of carrying out the intent of this chapter, the following words, phrases, and terms shall have the meanings set forth below unless a different meaning is clearly intended by the use and context of the word, phrase, or term.

Words, terms or phrases not defined in this section shall have the meaning defined in Section 1.08.120 of this Code, or if applicable, the meaning or connotation used in any industry, business, trade, or profession where they commonly carry special meanings. "Above ground facility" or "AGF" means all structures, poles, pedestals, cabinets, electric meters and any other facility installed above surrounding grade in the PROW excluding antennas.
"Cable(s)" means any wire, coax, fiber or conduit used to house the same "Cable Operator" or "cable service" or "cable system" or "cable television system" shall have the same meaning in this chapter as in Chapter 5.44. "California Public Utilities Commission" or "CPUC" means the California Public Utilities Commission. "Company" means any person or authorized agent of any person who is seeking to obtain or has obtained a franchise, agreement, permit, or license to install, operate, maintain, or reconstruct facilities used to provide service(s), regardless of whether company is deemed a public utility by the California Public Utilities Commission, or a special district, formed and operating under the laws of the State of California, and company's lawful successors, transferees, or assignees. "Construction Plan" means a plan that describes in detail the designs, locations, and an estimated time schedule for the facilities.
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"Department" means the Department of Public Works.
"Director" means the Director of the City's Department of Public Works "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, hand hole or facility that is or will be available for use by third party facilities. "Facility" or "facilities" means any cable or other wire or line, pipeline, pipes, duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain, manhole, splice box, surface location marker, pole, structure, utility, or other appurtenance, structure, property, or tangible thing owned, leased, operated, or licensed by company to provide services, excluding antennas, that are located or are proposed to be located on the PROW.
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, and technological factors.
"Franchise" means a written contract or agreement executed between company and the City.
"Public property" means all real property and improvements owned, operated or controlled by City, other than public right-of-way, within the City's jurisdiction. City property includes, but is not limited to City Hall, police and fire facilities, recreational facilities, parks, libraries, streetlights and traffic lights. "Public utility" means a CPUC regulated service provided by a public utility provider. "Public utility provider" means a company that is regulated by and received a Certificate of Public Convenience and Necessity (CPCN) from the CPUC, to provide a CPUC regulated service.
"Public right-of-way" or "PROW" means the improved or unimproved surface of and the space above and below a City easement for public utility purposes, or street, or similar public way of any nature, dedicated or improved for vehicular, bicycle, and/or pedestrian related use now or hereafter held by City, however acquired. "Service(s)" shall include, but not be limited to, public utilities, electricity, gas, cable service, information services, sewer, storm drains, water, telecommunications, traffic controls, transit, video, or other similar services that may require or request placement of facilities in the PROW.
"Subscriber' means a person lawfully receiving or using service. 6-297

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"System" means a consolidated, connected, or networked group of facilities that deliver or provide a service.
"Traffic Control Plan" means a plan describing the manner in which company will manage vehicle, bicycle, and pedestrian traffic along affected streets when installing or maintaining facilities.

Section 617: Section 13.20.040 (PROW Permit —Applicability) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.20.040 PROW Permit --Applicability.

In addition to any agreement, license, permit or franchise required by this chapter or any other chapter of this Code, and in addition to any other permit or entitlement required by local, State or federal law, company shall obtain a PROW Permit prior to performing any work in the PROW and shall pay all fees required by this chapter." Section 618: Subsections (13)(6) and (F) of Section 13.20.070 (Issuance of a PROW Permit) Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code are hereby amended to read as set forth below:

Subsection (B)(6) of Section 13.20.070 shall read as set forth in the quotations below:
"6. Compliance with the requirements of this chapter, this Code and other federal, State and local requirements."
Subsection (F) of Section 13.20.070 shall read as set forth in the quotations below:
"F. Duration and Validity. Permits shall be void if the work has not begun within ninety (90) days of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or if the excavation, including restoration, has not been completed within the specified duration; provided, however, that the Director may, upon good cause, issue extensions to the start date, the duration of excavation, or both upon request from company."
Section 619: Subsections (13)(2), (13)(3), (E)(4), (F)(3) and (1-1)(4) of Section

13.20.100 (Excavations) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code are hereby amended to read as set forth below:

Subsections (B)(2) and (B)(3) of Section 13.20.100 shall read as set forth in the quotations below:
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°2. At least ten (10) days prior to commencement of the excavation, company shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (B)(1) and the name, address and twenty-four (24) hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation, or

3. At least ten (10) days prior to commencement of the excavation, company also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (13)(2) of this section." Subsection (E)(4) of Section 13.20.100 shall read as set forth in the quotations below:
°4. Moratorium Streets. The Department may not issue any permit to excavate in any street that has been reconstructed or resurfaced by the Department or any other owner or person in the preceding five-year period. However, the Director may, in his or her discretion, grant a waiver of this subsection for good cause. Good cause shall include the fact that the need to excavate arose in spite of company's full compliance with the coordination of excavation provisions in Section 13.20.120. The Director is authorized to grant a waiver for an excavation that facilitates the deployment of new technology or new service as directed pursuant to official City policy. The Director shall issue his decision on a waiver within a reasonable period after receipt of a written request for a waiver. The Director may place additional conditions on a permit subject to a waiver.

The Director's decision regarding a waiver shall be final subject to review in accordance with Section 13.20.270."
Subsection (F)(3) of Section 13.20.100 shall read as set forth in the quotations below:
"3. Storage of Materials. Materials and equipment used for the excavation within seven (7) days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt -coated material may be stored at the site only if it is stored in covered, locked containers."
Subsection (H)(4) of Section 13.20.100 shall read as set forth in the quotations below:
°4. Incomplete Excavation —Completion by the City. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this chapter, 6-299

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or the orders, regulations, and standard plans and specifications of the Department, the Director shall order company to complete the excavation as directed within twenty-four (24) hours. If company should fail, neglect, or refuse to comply with the order, the Director may complete or cause to be completed such excavation in such manner as the Director deems expedient and appropriate. The company shall compensate the City for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, boards, commissions, departments of the City that were made necessary by such excavation. The cost of such work also may be deducted from company's security fund pursuant to Section 13,20.130. The Director's determination as to the cost of any work done or repairs made shall be subject to review in accordance with Section 13.20.270."
Section 620: Subsections (C)(1) and (D)(2) of Section 13.20.110 (Post - Excavation Repair Maintenance) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code are hereby amended to read as set forth below:

Subsection (C)(9) of Section 13.20.110 shall read as set forth in the quotations below:

1. In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice, the Director may repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City that were made necessary by reason of the repair or restoration undertaken by the Department. The cost of such work also may be deducted from company's security fund. The Director's determination as to the cost of the repair or restoration performed shall be subject to review in accordance with Section 13.20.270."
Subsection (D)(2) of Section 13.20.110 shall read as set forth in the quotations below:
"2. If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in the communication, the Director may remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, boards, commissions, departments of the City that were made necessary by reason of the emergency remediation undertaken by the Department. The cost of such work also may be deducted from 6-300

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company's security fund pursuant to Section 13.20.130. The Director's determination as to the cost of any remediation performed shall be subject to review in accordance with Section 13.20.270."
Section 621: Subsection (13)(2) of Section 13.20.120 (Coordination of Excavation) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"2. Except when waived by the Director, at least one hundred eighty (180) days prior to undertaking the resurfacing and reconstruction of any street, the Department shall send a notice of the proposed repaving and reconstruction to each company." Section 622: Subsection (C) of Section 13.20.150 (Construction and Maintenance) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"C. Company shall place all above -ground active and passive equipment in flush mounted or low profile waterproof pedestals whose design, size, location, color within manufacturer's specifications, appearance, and placement have been previously approved by the Director in writing and shall be in conformity with this Code and all applicable City ordinances, regulations, rules, and guidelines." Section 623: Section 13.20.210 (Insurance) of Chapter 13.20 (Public Rights -of - Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.20.210 Insurance.

Except as provided in or as supplemented by any franchise agreement, license or permit, company shall secure and maintain, at all times, insurance, which types and amounts shall be determined by the Risk Manager."
Section 624: Section 13.20.245 (Severability) of Chapter 13.20 (Public Rights -of - Way) of Title 13 of the Code is hereby deleted in its entirety.

Section 625: Section 13.20.270 (Appeals from Action of the Director) of Chapter

13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:

13.20.270 Appeals from Action of the Director,
If company is aggrieved by any decision of the Director under this chapter, company may appeal the decision to the City Manager by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the Director's decision and the basis for the appeal. The appeal shall be accompanied by a 6-301

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fee as established by resolution of the City Council, The City Manager, not less than ten (10) days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Clerk shall provide written notification of the time and place set for hearing the appeal.

The City Manager may sustain, overrule or modify the action of the Director, and decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.

The right to appeal to the City Manager shall terminate upon the expiration of ten (10) days following personal delivery to company or the deposit of a letter in the United States mail advising company of the action of the Director and of the right to appeal such action to the City Manager."
Section 626:Section 13.20.275 (Possessory Interest) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"13.20.275 Possessory Interest.

By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is and was hereby given to company pursuant to Cal. Rev. & Tax. Code Section 107.6 that the use or occupancy of any public property may cause certain taxes to be levied upon such interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any PROW or public property pursuant to any right of possession, occupancy or use created by any PROW Permit."
Section 627:The Table of Contents for Chapter 14.04 (Utilities Department — General Regulations) of Title 14 of the Code is hereby amended to read as follows:

Chapter 14.04
UTILITIES DEPARTMENT —GENERAL REGULATIONS'
Sections:

14.04.040
Interference with Employees Prohibited.

14.04.050
Tampering with Pipes Altering Water Flow.

14.04.060
Disclaimer of Liability.

14.04.070
Maintenance and Use of Fire Hydrants.

14.04.080
Permit to Use Fire Hydrants.

14.04.090
Cancellation of Fire Hydrant Use Permit.

14.04.100
Obstructing Fire Hydrants.

14.04.110
Water Shut -Off for Repairs or Extension.

14.04.120
Right of Inspection.
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14.04.130
Enforcement --Report of Violations.

14.04.140
Sale of Water Outside City.

14.04.150
Contractual Agreement to Supply Water Outside City.

14.04.160
Sale of Excess Water Outside City.

14.04.170
Sale to Serve Area of Acquired Agency.

14.04.180
Conditions of Service.

14.04.190
City Relieved of Liability.

Section 628: Section 14.04.010 (Utilities Department Established) of Chapter

14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby deleted in its entirety.

Section 629: Section 14.04.020 (Utilities Manager Defined) of Chapter 14.04 (Utilities Department --General Regulations) of Title 14 of the Code is hereby deleted in its entirety.

Section 630: Section 14.04.040 (Interference with Employees Prohibited) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.040 Interference with Employees Prohibited.

No person shall interfere with or obstruct the Utilities Director or any of the Utility Director's appointed agents or employees, in the execution of any lawful order or the provisions of this chapter in the maintenance and operation of the Utilities Department." Section 631:Section 14.04.050 (Tampering with Pipes —Altering Water Flow) of Chapter 14.04 (Utilities Department --General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.050 Tampering with Pipes —Altering Water Flow.

No person, other than the Utilities Director, or the Utilities Director's duly appointed agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of water by the City to consumers thereof, or without prior permission of the Utilities Director, turn the water on or off from the premises or place." Section 632: Section 14.04.070 (Maintenance and Use of Fire Hydrants) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.070 Maintenance and Use of Fire Hydrants.
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Public fire hydrants shall be placed, maintained and repaired by the Utilities Department. Any damage thereto by persons or agency other than representatives of the Fire Department or Utilities Department shall be a claim against the person or agency committing such damage, and the Utilities Director shall take such action as may be necessary to collect the same.

Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Department and Fire Department for such persons as may be authorized to do so by the Chief of the -Fire Department, or the Utilities Director as herein provided." Section 633: Section 14.04.080 (Permit to Use Fire Hydrants) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.080 Permit to Use Fire Hydrants.

All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, shall be required to obtain a permit, first, from the Fire Chief and second from the Utilities Director, who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the City for water used or damage to hydrants or equipment is delinquent. All such persons having a permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants."
Section 634: Section 14.04.090 (Cancellation of Fire Hydrant Use Permit) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.090 Cancellation of Fire Hydrant Use Permit.

Permit for the use of water through the fire hydrants of the City may be canceled at the will of the Utilities Director on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced." Section 635:Section 14.04,130 (Enforcement —Report of Violations) of Chapter

14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.130 Enforcement Report of Violations.

It shall be the duty of the employees of the City to give vigilant aid to the Utilities Director in the enforcement of the provisions of this chapter, and to this end they shall report all violations which come to their knowledge, to the Utilities Department; and it 6-304

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shall be the duty of the Fire Chief and Harbor Department to report immediately to the Utilities Director in case of fire in premises having metered service for fire protection purposes that fire has occurred there."
Section 636: Section 14.04.150 (Contractual Agreement to Supply Water Outside City) of Chapter 14.04 (Utilities Department --General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
°14.04.150 Contractual Agreement to Supply Water Outside City.

Subject to all restrictions on the City's power to do so, water may be sold by the City for use outside the City within the boundaries of the Municipal Water District of Orange County to persons or public agencies, or the assigns of either, who own contractual rights or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except when the provision of contracts heretofore made require otherwise, such sales shall be made and subject to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract authorized by the City Council setting out the terms and conditions of the sale and any special circumstances applicable thereto shall be required with each such person or agency who desires to purchase water for use outside the City." Section 637: Section 14.04.160 (Sale of Excess Water Outside City) of Chapter

14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.04.160 Sale of Excess Water Outside City.

Subject to all restrictions on the City's power to do so, the City may sell water, to the extent it has a supply in excess of that required to adequately serve the inhabitants of the City and the persons and agencies described in Section 14.04.150, to other persons or agencies for use outside the City within the boundaries of the Municipal Water District of Orange County, but only so long as the excess supply continues. The City may sell on a month -to -month basis or may require a contract with each purchaser where the City determines it to be in the best interests of the City to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City. The City is under no obligation to continue any such service, and no purchaser receiving such service shall acquire any right to have the service continued." Section 638: Section 14.04.170 (Sale to Serve Area of Acquired Agency) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
°14.04.170 Sale to Serve Area of Acquired Agency
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Water may be sold by the City for use outside the City within the boundaries of the Municipal Water District of Orange County and within the service area of any water distributing agency, the assets of which have been acquired by the City from such agency. Such sales shall be subject to the same rules and regulations as for water sold within the City."
Section 639: Section 14.08.010 (Water Connection Authority) of Chapter 14.08 (Water Connections) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
°14.08.010 Water Connection Authority.

No person is, or shall be authorized to, install any pipe, apparatus, appliance or connection to the City's utilities system, except the Utilities Director or the Utilities Director's duly appointed agents or employees."
Section 640: Section 14.08.030 (Connection Method) of Chapter 14.08 (Water Connections) of Title 14 of the Code is hereby amended to read as set forth in the quotations below::
"14.08.030 Connection Method.

Upon presentation at the office of the Utilities Department of the receipt for installation of fees and execution of the agreement hereinbefore provided for, the Utilities Director shall cause the premises described in the application, if the same abut upon the street or alley upon which there is a City water main, to be connected with the City's water main by a service pipe extending from the main to the curb line on the front of the property or to the side or rear, and including a stop -cock placed, which service pipe and stop -cock shall thereafter be maintained by and kept within the exclusive control of the City. In cases of application for water service on premises not abutting upon a street or alley upon which there is a City water main, the City will lay its service pipe from the main toward the premises for a distance not to exceed one hundred (100) feet, and permit connection by means of a union and pipes laid at the expense of and maintained by the owner of the service, or may in the discretion of the Utilities Director, upon the payment of the actual costs thereof, extend the service to the premises of the applicant along and beneath any public street of the City, but not otherwise. No service connection less than one inch in size shall be installed." Section 641: Section 14.08.050 (Flow Protection Devices Required) of Chapter

14.08 (Water Connections) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.08.050 Flow Protection Devices Required.
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An approved double-checked valve or other backflow protection devices approved in accordance with Chapter 14.10 shall be installed in all existing water systems of all consumers, at the expense of the consumer, before service will be continued or granted when any one of the following conditions apply:

A. Where an unapproved fresh water supply is already available from a well, spring, reservoir or other source, the installation of backflow protective devices may not be required. If the consumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, service may be granted.

K Where salt water, or water otherwise nonpotable, is available for industrial or fire protection purposes, or where fresh water hydrants are or may be installed on docks.

C. Where the premises are or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance.

D. Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water -using or treating equipment, or storage tanks and reservoirs.

E. Where an approved water supply line terminates as a pier head outlet which is used to supply vessels at piers or waterfronts. These installations shall be located where they will prevent the return of any water from a vessel or any other source into the City water supply system.

F. Where the premises are used for a trailer park."
Section 642: The Table of Contents for Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code is hereby amended to read as follows:

Chapter 14.10

CROSS -CONNECTION CONTROL PROGRAM
Sections:

14.10.005 Purpose.

14.10.010 Definitions.

14.10.015 Cross -Connection Protection Requirements.

14.10.020 Backflow Prevention Devices.

14.10.025 User Supervisor.

14.10.030 Administrative Procedures.

14.10.035 Water Service Termination.

14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
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14.10.045 Violations.

Section 643: Section 14.10.005 (Purpose) of Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.10.005 Purpose.

The purpose of this chapter is (1) to protect the public water supply against actual or potential cross -connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross -connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross -connections between drinking water systems and sources of contamination; (4) to prevent the making of future cross -connections in the future; (5) these regulations are adopted pursuant to the 17 CCR Sections 7583 through 7605."
Section 644: Section 14.10.010 (Definitions) of Chapter 14.10 (Cross - Connection Control Program) of Title 14 of the Code is hereby amended to read as follows:

14.10.010 Definitions.

Air -Gap Separation. The term "air -gap separation" or "AG" means a physical break between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.

Approved Backflow Prevention Device. The term "approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services.

Approved Water Supply. The term "approved water supply" means any water supply whose potability is regulated by the City.

Auxiliary Supply. The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply.

AWWA Standard. The term "AWWA standard" means an official standard developed and approved by the American Water Works Association (AWWA).

Backflow. The term "backflow" shall mean a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances 6-308

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into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backflow is caused by backsiphonage or back pressure.

Contamination. The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.

Cross -Connection. The term "cross -connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not, or cannot, be approved as safe, wholesome and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices or other devices through which Backflow could occur, shall be considered to be cross -connections.

Double Check Valve Assembly (referred to as DC). The term "double check valve assembly" means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.

Health Agency. The term "health agency" means the California Department of Health Services, or the Orange County Health Department.

Local Health Agency. The term "local health agency" means the Orange County Health Department.

Premises. The term "premises" means any and all areas on a customer's property which is served or has the potential to be served by the public water system.

Public Water System. The term "public water system" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.

Reclaimed Water. The term "reclaimed water" means a wastewater which as a result of treatment is suitable for uses other than potable use.

Reduced Pressure Principal Backflow Prevention Device (referred to as RP). The term "reduced pressure principal backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two positive checks, a tightly closing shutoff valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. 6-309

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Service Connection. The term "service connection" refers to the point of connection of a user's piping to the water supplier's facilities.

Water Supplier. The term "water supplier" means the City.

Water User. The term "water user" means any person obtaining water from the City.

Section 645: Subsections (A)(1) and (B)(2) of Section 14.10.015 (Cross - Connection Protection Requirements) of Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code are hereby amended to read as set forth below:

Subsection (A)(1) of Section 14.10.015 shall read as set forth in the quotations below.
"1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the City and is approved by the public health agency."
Subsection (B)(12) of Section 14.10.015 shall read as set forth in the quotations below.
"2. Two or more services supplying wafter from different street mains to the same building, structure or premises through which an interstreet main flow may occur, shall have adequate backflow protection deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required."
Section 646: Subsection (B) of Section 14.10.020 (Backflow Prevention Devices) of Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"B. Backflow Prevention Device Installation.

1. Backflow prevention devices shall be installed in a manner prescribed in 17 CCR Section 7603. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device.
a. Air -Gap Separation (AG). The air -gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air - gap separation. The water inlet piping shall terminate a distance of at least two (2) pipe 6-310

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diameters of the supply inlet, but in no case less than one (1) inch above the overflow rim of the receiving tank.
b. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the city.
c. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance."
Section 647: Section 14.10.040 (Requirements for the Certification as a Backflow Prevention Device Tester) of Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.

Each applicant for certification as a tester of backflow prevention devices shall file an application with the Utilities Director. The certification shall be granted if the applicant satisfies the following minimum requirements:

A. Hold a valid certification from the American Water Works Association (AWWA), California -Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the Health Department.

B. Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to show that the applicant has available the necessary tools and equipment to properly test such devices. The applicant shall be responsible for the competency and accuracy of all tests and reports prepared by the applicant.

C. Competency in all phases of backflow prevention device testing and repair must be demonstrated by means of education and/or experience."
Section 648: Section 14.10.050 (Severability) of Chapter 14.10 (Cross - Connection Control Program) of Title 14 of the Code is hereby deleted in its entirety. 6-311

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Section 649: Subsections (A)(4), (A)(5) and (F) of Section 14.12.090 (Delinquent Water Service Discontinuance and Fees) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code are hereby amended to read as set forth below:

Subsections (A)(4) and A(5) of Section 14,12.090 shall read as set forth in the quotations below --
'A. In situations other than as set forth in subsection (A)(5) of this section, for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill has been delinquent for at least sixty (60) days and is not paid within seven (7) business days after mailing of a delinquent notice.

5. For failure to abide by the terms of an alternative payment arrangement entered into between the City and the customer, as provided in subsections (C)(3) or (4) of this section, by failing to do any of the following for sixty (60) days or more:
a. Pay his or her unpaid charges by the extended payment date; b. Pay any amortized amount due under the amortization schedule; c. Pay any amount due under an alternative payment schedule; or d. Pay his or her current charges for water service."
Subsection (F) of Section 14.12.090 shall read as set forth in the quotations below.-
"F. The City Manager shall create and promulgate a written policy, to be available on the City's website, regarding the discontinuation of residential water services for nonpayment. Such policies shall be in conformance with the requirements of Cal. Health & Saf. Code Section 116900 et seq."
Section 650: Section 14.12.095 (Customer Requests) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.12.095 Customer Requests.

Except for the discontinuation of water service for failure to abide by the terms of an alternative payment arrangement, as provided in Section 14.12.090(A)(5), any residential customer who has initiated a complaint or requested an investigation up to the calendar day prior to scheduled date of service discontinuation, as stated in the delinquent notice required by Section 14.12.110, or who has, before discontinuance of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, 6-312

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shall be given an opportunity for review of the complaint, investigation, or request by the City. The review shall include consideration of whether the customer shall be permitted to defer payment on the bill for thirty (30) days or participate in an alternative payment arrangement where the unpaid balance of the delinquent account is paid back monthly, over a period not to exceed twelve (12) months.

Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City's Revenue Division may appeal the determination to the Finance Director."
Section 651: Section 14.12.100 (Due Date) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.12.100 Due Date.

All customers whose premises are connected to the municipal water system shall be billed on a regularly scheduled basis and all charges shall be received by the due date indicated on the municipal services statement, of which said due date shall be no less than nineteen (19) days after the date of mailing."
Section 652:Subsection (13)(6) of Section 14.12.110 (Delinquent Notice) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"6. The procedure to request a deferment of the payment for thirty (30) days, or a payment plan."
Section 653: Subsection (A)(3) of Section 14.12.125 (Delinquent Water Service Restoration) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"3. For a residential customer who demonstrates that their household income is below two hundred (200) percent of the federal poverty line, such restoration charge shall not exceed the lesser of fifty dollars ($50.00) or the cost of services during regular work hours; or exceed the lesser of one hundred fifty dollars ($150.00) or the cost of services during non -regular work hours. Effective January 1, of each year, such charges shall automatically adjust annually to reflect changes in the Consumer Price Index for the preceding twelve months, rounded down to the nearest dollar." Section 654: Section 14.12.150 (Third -Party Notification) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.12.150 Third -Party Notification.
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The City shall make available to its residential customers who are dependent adults as defined Cal. Welf. & Inst. Code Section 15610 (b)(1), a third party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to discontinuation. The notification shall include information on what is required to prevent discontinuance of service. The residential customer shall make a request for third -party notification on a form provided by the City and shall include the written consent of the designated third party. The third -party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service." Section 655: Section 14.12.160 (Landlord and Tenant) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.12.160 Landlord and Tenant.

Whenever the City furnishes either individual metered or master metered water service to residential occupants An a single-family dwelling, multi -unit residential structure or mobile home park, where the owner, manager or operator is listed as the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of a written notice, when the account is in arrears, that service will be terminated at least fifteen (15) days prior to such discontinuance. Such notice shall further inform the residential occupants that they have the right to become customers to whom service will then be billed, without being required to pay any amount which may be due on the delinquent account.

The City shall not be required to make water service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service. However, if one or more of the residential occupants are willing and able to assume responsibility for the entire account to the satisfaction of the City, or if there is a physical means legally available to the City of selectively discontinuing service to those residential occupants who have not met the requirements of the City, the City shall make water service available to those residential occupants who have met those requirements.

Notices required under this section shall be mailed to and left in a prominent and conspicuous location at the service address."
Section 656:Subsection (C)(6) of Section 14.16.010 (Findings and Purpose) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
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"6. Cal. Wat. Code Section 375 authorizes a water supplier to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies."
Section 657: Without making any other changes to the other definitions set forth in Section 14.16.020 (Definitions) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code the definition of "Director" set forth in Section 14.16.020 is hereby amended to read as set forth in the quotations below:
"`Director' shall mean the Utilities Director."
Section 658: Subsection (N) of Section 14.16.040 (Permanent Mandatory Water Conservation Requirements) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose other than fire suppression or emergency aid without first obtaining a City hydrant meter account or written approval from the Director. Absent a meter account or Director approval, water theft and meter tampering fees shall be applied as appropriate." Section 659: Subsection (A) of Section 14.16.050 (Procedure for Declaration and Notification of Water Supply Shortage) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"A. Upon the Director's determination of the existence of a water supply shortage based on the criteria and stages defined in the City's Water Shortage Contingency Plan, the City Council may declare a water supply shortage from Level One up to Level Six. In accordance with Cal. Wat. Code Sections 350 through 352, the City Council may also declare a Level Six catastrophic water supply shortage in response to a disaster or sudden event that has or threatens to significantly diminish the reliability or quality of the City's water supply."
Section 660:Subsection (F) of Section 14.16.130 (Relief From Compliance) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"F. Appeal of Final Decision. A customer may appeal the decision of the Director by submitting a written request within fifteen (15) days of the date of the Director's written decision. A written appeal request shall be submitted to the City Manager and include the reasons for the request and signature of the customer submitting the request. The City Manager may approve or disapprove the appeal within thirty (30) days from receipt of a request. The City Manager shall hear the appeal and the decision of the City 6-315

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Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 661: Section 14.16.140 (Enforcement) of Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.16.140 Enforcement.

A. Responsibility —Implementation Plan. The Director shall develop an implementation plan to be used as a guideline for enforcing the provisions of this chapter. The implementation plan shall provide the resources (staffing and equipment) required to ensure the fair and timely execution of these requirements, as well as a detailed execution strategy. In addition, the implementation plan shall ensure, so far as is reasonable under the circumstances, that persons are notified of violations and are provided an opportunity to cure the violation prior to being cited.

B. Additional Enforcement Options. In addition to the fines and penalties provided for in Chapters 1.04 and 1.05, the City may impose the following requirements on a customer in the event of a continuing or willful violation:

1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one (1) gallon per minute for services up to one and one-half (1 Y2) inches in size and comparatively sized restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty-eight (48) hours' notice of its intent to install a water flow restrictor. In the event that a customer refuses to permit the installation of a water flow restrictor following the City's election to do so, the City may terminate the customer's water service.

2. Termination of Service. The City may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter." Section 662:Subsections (N) and (R) of Section 14.17.010 (Definitions) of Chapter 14.17 (Water -Efficient Landscaping) of Title 14 of the Code are hereby amended to read as set forth below:

Subsection (N) of Section 14.17.010 shall read as set forth in the quotations below.-
"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 Cal. Bus. & Prof. Code, Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, 16 CCR Section 832.27, and Cal. Food & Agr. Code Section 6721." 6-316

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Subsection (R) of Section 14.17. 010 shall read as set forth in the quotations below. "R. `MWELO' means the Water Efficient Landscape Ordinance asset forth in 23 CCR Section 490 et seq."
Section 663: Subsection (A) of Section 14.20.010 (Property of City —Damaged or Lost Meters) of Chapter 14.20 (Water Meters) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"A. All meters, unless otherwise authorized by the Utilities Director, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned."
Section 664: Section 14.20.060 (Meters Inside Premises) of Chapter 14.20 (Water Meters) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.20.060 Meters Inside Premises.

When a water meter is placed inside the premises of a consumer, for the convenience of the consumer, provisions shall be made for a convenient meter reading and repairing by representatives of the City. Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the Utilities Director and the withholding of service until connection is made at the curb -line as herein provided." Section 665: The Table of Contents for Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the Code is hereby amended to read as follows:

Chapter 14.24

SEWER CONNECTION, PERMITS
Sections:

14.24.010 Definitions.

14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.

14.24.030 Application for Sewer Connection.

14.24.040 Contents of Application.

14.24.050 Sewer Connection Fee.

14.24.060 Sewer Connection Requisite to Occupancy.

14.24.065 Sewer Use Charge.

14.24 070 Owner Indebted for Expense.

14.24,080 Sewer Connections in the Orange County Sanitation District.

14.24.090 Permit Required for Connection Outside of City.

14.24.100 Permit Conditions for Connection Outside of City. 6-317

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14.24.110 Consent Discretionary for Connection Outside of City Section 666: Section 14.24.020 (Dwelling Unit and Business Structure Sewer Connection) of Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.

Every dwelling unit or business structure in the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Utilities Director, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer.

Each dwelling unit or business structure shall be individually connected to the City sewer system unless otherwise approved by the Utilities Director. All sewer laterals shall be inspected by the Utilities Department either at the time of demolition or before final approval of the building permit or granting of occupancy for all projects involving demolition, construction, reconstruction and/or substantial remodeling of any dwelling unit or business structure. Each sewer lateral connection shall be replaced and/or constructed in accordance with the City's standards for such construction and shall have a clean -out assembly installed at the property line whenever one (1) or more of the following apply:

A. If an area greater than fifty (50) percent of the existing building area is added; B. If the area of structural interior remodeling exceeds fifty (50) percent of the existing building area;
C. If any alterations to the building sewer are done;
D. If additional plumbing fixtures require a change in the size of a building sewer line; E. Wherever six (6) or more fixture units (per the Uniform Plumbing Code (UPC)) are added to an existing plumbing system; or
F. Whenever it is found that the building sewer was/is installed in an illegal or unsanitary manner."
Section 667: Section 14.24.050 (Sewer Connection Fee) of Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.24.050 Sewer Connection Fee.
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The applicant shall pay a connection fee, as set by resolution adopted by the City Council, for each connection to the public sewer."
Section 668: Section 14.24.080 (Sewer Connections in the Orange County Sanitation District) of Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.24.080 Sewer Connections in the Orange County Sanitation District.

No building permit shall be issued by the Community Development Department for any construction requiring a sewer connection which is located within the boundaries of the Orange County Sanitation District until the applicant has presented written evidence of payment of any connection charges required by said district." Section 669:The Table of Contents for Chapter 14.30 (Fats, Oils and Grease (FOG) Control) of Title 14 of the Code is hereby amended to read as follows:

Chapter 14.30

FATS, OILS AND GREAS (FOG) CONTROL
Sections:

14.30.010 Intent and Purpose.

14.30.015 Definitions.

14.30.020 Permit Required.

14.30.025 Requirements.

14.30.027 Prohibitions.

14.30.030 Grease Control Devices.

14.30.035 Exceptions.

14.30.040 Fees.

14.30.045 Sampling and Monitoring.

14.30.050 Sanitary System Overflows (SSOs) and Recovery of Costs and Fines.

14.30.053 Compliance Schedule Agreement.

14.30.055 Termination or Suspension of Service.

14.30.057 Notice of Non-compliance

14.30.060 Violations and Penalties.

Section 670: Section 14.30.015 (Definitions) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as follows:

14.30.015 Definitions.

Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, 6-319

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published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).

Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law.

Subject to the foregoing provisions, the following definitions shall apply in this chapter:
"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, the completion of maintenance procedures and other management practices that prevent or reduce the introduction of FOG to the sewer facilities. "Change in operations" means any modification in the operational procedures of a food service establishment (FSE) which has the potential to significantly increase the amount of grease generated by food preparation including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant change in the menu or types of food prepared or served, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment. "City" means the municipal government of the City.
"city" means the residential, park and open space, commercial, and industrial areas within the geographic boundaries of the City of Newport Beach, California. "Fats, oils, and grease" or "FOG" means substances such as vegetable or animal products that are used in, or are byproducts of, the cooking or food preparation process, and that turn or may turn viscous or solidify with a change in temperature or other conditions.
"Food grinder' means any device installed in the plumbing or wastewater system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing it in the sewer system.
"Food service establishment" or "FSE" means a food facility as defined in Cal. Health and Safety Code Section 113789, and any commercial entity within city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood. A limited food preparation establishment is not 6-320

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considered a food service establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
"Grease control device" or "device" means any gravity grease interceptor, hydromechanical grease interceptor or other mechanism, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. "Gravity grease interceptor" means a multi -compartment grease control device that is constructed in different sizes and is required by the City to be located, according to the Uniform Plumbing Code, underground between a FSE and the connection to the sewer system.
"Hydromechanical grease interceptors" or "HGls" (formerly named grease traps) means a device used to treat kitchen wastewater from food service establishments (FSEs) using gravity separation aided by vented flow control. They are typically installed indoors and connected to one to four (1-4) sinks in the kitchen. "Limited Food Preparation Establishments" or "LFPE" means an FSE that engages only in beverage services and limited reheating of ready -to -eat food products and, as a result, generates no wastewater discharge containing FOG (e.g., specialty coffee houses). LFPE's shall be determined by the City and are exempt from annual FOG BMP inspections.
"Inspector' means a person authorized by the City to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. "Monitoring facilities" means systems or facilities that sample constituents or that measure or monitor flow.
"Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the City's facilities, including, but not limited to:

1. United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (US EPA).

2. California State Water Resources Control Board (SWRCB).

3. California Regional Water Quality Control Board, Santa Ana Region (RWQCB).

4. South Coast Air Quality Management District (SCAQMD).

5. California Department of Public Health (DPH).
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6. Orange County Health Care Agency (OC HCA).
"Remodeling" means a physical change in an FSE causing an increased amount of FOG to the sewer system, as determined by the Community Development Director; or exceeding a cost of fifty thousand dollars ($50,000.00) to a FSE that requires a building permit, and involves any one or combination of the following: (1) under slab plumbing in the food processing area, (2) a thirty (30) percent increase in the net public seating area, (3) a thirty (30) percent increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment.
"Sewer system" means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater.
"Utilities Superintendent" means the Utilities Superintendent of the Cityy's Utilities Department.
"Waste" means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
"Waste manifest" means that receipt which is retained by the generator of wastes for disposing recyclable waste or liquid waste.
"Wastewater" means the liquid and water -carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.

Words used in this chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.

Section 671: Section 14.30.025 (Requirements) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended as set forth in the quotations below:
"14.30.025 Requirements.

A. Each permit shall:

1. Authorize the FSE to dispose FOG into the wastewater system in accordance with the provisions of this chapter.
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2. Authorize the Utilities Director to access and inspect an FSE to ensure compliance with this chapter during all times the FSE is open, operating, or any other reasonable time.

3. Require the FSE to immediately notify the City by telephone at the number specified by the Utilities Director in the event the FSE is unable to comply with any requirements of this chapter due to a breakdown of equipment, accidents, or human error, or when the FSE has reasonable opportunity to know that a discharge will exceed the provisions of this chapter. This notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees, fines or other liability which may be imposed by this chapter or other applicable law.

4. Require the FSE's adherence to best management practices to minimize the discharge of FOG to the sewer system. These BMPs shall be developed by the Utilities Superintendent, updated annually, and distributed to each permit holder.

5. Require the FSE to maintain any grease control device in an efficient operating condition by removing the full content of the device which includes wastewater, accumulated FOG, floating materials, sludge and solids in a manner consistent with the maintenance frequency and maintenance practices approved by the Utilities Director.

6. Require all food service establishments to clean the sewer lateral from the grease control device to the sewer main, at least annually, or at a frequency that ensures proper flow within the sewer lateral and to maintain a record of the cleaning on file for review at the FSE.

7. The FSE shall keep all waste manifests, receipts and invoices of all cleaning, maintenance, grease removal of or from the grease control device, disposal carrier and disposal site location for no less than two (2) years. The FSE shall, upon request, make the waste manifests, receipts and invoices available to any City representative, or inspector.

B. New FSEs or FSEs that are newly required to have a permit shall have received a grease disposal permit prior to the Building Official's issuance of a certificate of occupancy. An FSE may not open for business nor serve customers without receiving and maintaining a valid grease control permit."
Section 672: Section 14.30.027 (Prohibitions) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.30.027 Prohibitions.
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The following prohibitions shall apply to all FSEs:

A. No FSE shall discharge or cause to be discharged into the sewer system FOG that, as determined by the Utilities Director, may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system.

B. No FSE shall have or install a food grinder in the sewer system for a building.

C. No FSE shall have a gravity grease interceptor that is less than seven hundred fifty (750) gallons or more than two thousand (2,000) gallons, unless authorized by the City.

D. Introduction of any additives into an FSE's wastewater system for the purpose of emulsifying FOG, for grease remediation or as a supplement to interceptor maintenance unless a variance is obtained in accordance with Section 14.30.035.

E. Discharge of wastewater from dishwashers to any grease control device.

F. Discharge of wastewater with temperatures in excess of 140OF to any grease control device.

G. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease control device service, or vice -versa.

H. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system.

I. Tampering with or knowingly rendering inoperable any grease control device, monitoring device or method or access point.

J. Interfering with, delaying, resisting or refusing entrance to City representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system.

K. Making any false statement or representation on any record, report, plan or other document that is filed with the City in accordance with this chapter." Section 673: Section 14.30.030 (Grease Control Devices) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.30.030 Grease Control Devices.
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A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in operations or, as directed by the Utilities Director, any FSE that violates the provisions of this chapter, shall obtain a permit from the Building Official to install a grease control device.

B. All grease control devices shall be installed per manufacturers specifications unless otherwise approved by the City. The Community Development Department will specify, size, style, location, orientation, and any other special conditions for the installation of the grease control device.

C. Upon approval of the Building Official, grease control devices for FSEs may be "gang" devices which accept FOG from more than one FSE. Each FSE that contributes FOG to a gang device shall be responsible for the installation and maintenance of the grease control device. A written service agreement from the property management company detailing which party is responsible for maintenance may be required by the City.

D. The Building Official shall not issue a certificate of occupancy for an FSE which is required to have a grease control device until the device has been installed, inspected and approved by the Utilities Department.

E. Any decision of the Building Official pursuant to this chapter may be appealed by any interested party to the Building and Fire Board of Appeals, pursuant to Chapter

15.80 of this Code."
Section 674: Subsection (A) of Section 14.30.035 (Exceptions) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"A. The following exceptions from Section 14.30,030 are permitted:

1. Variance. If the Utilities Director finds that a treatment or pretreatment product, combined with best management practices, will limit or eliminate FOG discharges from a particular FSE, the Utilities Manager may exempt that FSE via a variance.

2. Waiver. The Building Official, in consultation with the Utilities Director, shall exempt an FSE from the requirements of Section 14.30.030 via a waiver; provided, that the FSE complies with all other provisions of this chapter; and provided, that any of the following conditions exist:
a. There is inadequate space on the property on which the FSE is located to install a grease control device;
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b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease control device and/or between the grease control device and the private collection lines or the public sewer; or
c. The FSE conducts operations that do not produce FOG in a quantity that adversely affects the wastewater system. In this case, the waiver shall include conditions placed by the Utilities Director on the FSE's operations that provide for continued limits on FOG production."
Section 675: Section 14.30.045 (Sampling and Monitoring) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code to read as set forth in the quotations below:
"14.30.045 Sampling and Monitoring.

A. To meet the objectives and requirements of this chapter, the Utilities Director may require a FSE to construct, maintain, and provide access to monitoring facilities at the FSE's expense.

S. The location of the monitoring facilities shall be subject to approval by the Utilities Director.

C. FSEs may be required by the Utilities Director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the grease control device and compliance with this chapter.

D. In the event that inspection of the point of sewer lateral connection to the sewer system indicates that FOG discharge by an FSE is causing or contributing to build up of FOG inside the sewer lateral where it has discharged, or has the potential to discharge to the sewer system, or in the event that an FSE fails to comply with the prohibitions of this chapter, the Utilities Director, shall have the authority to modify the permit to require the installation of a City approved grease control device. Any person who is dissatisfied with a decision of the Utilities Director to modify a permit may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after service of the decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5" Section 676: Section 14.30.053 (Compliance Schedule Agreement) of Chapter

14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby added to read as set forth in the quotations below:
"14.30.053 Compliance Schedule Agreement.
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In the event that non-compliance with the provisions of a discharge permit or this chapter has occurred or is continuing, the Utilities Director may request that the FSE or other party enter into a Compliance Schedule Agreement. The Compliance Schedule Agreement may state terms and conditions to allow the FSE or other party to come into compliance with a discharge permit or other previsions in this chapter. The Utilities Director shall not enter into a Compliance Schedule Agreement until all amounts due and owing to the City under applicable ordinances and policies have been paid, or until the City has approved a payment plan."
Section 677: Section 14.30.055 (Termination or Suspension of Service) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.30.055 Termination or Suspension of Service.

A. Termination. The Utilities Director may physically terminate water service to any property upon order of any official from the Regulatory Agencies for illicit or illegal discharges due to public health.

B. Suspension. The Utilities Director may suspend water service when the Utilities Superintendent determines that the suspension is necessary to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health, safety and welfare of persons, or to the environment. Any discharger notified of and subject to a suspension order, shall immediately cease and desist the discharge of all wastewater to the sewer system.

C. All costs for physical termination shall be paid by the owner or operator of the FSE as well as all costs for reinstating service."
Section 678: Section 14.30.057 (Notice of Non -Compliance) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby added to read as set forth in the quotations below:
"14.30.057 Notice of Non-compliance
In the event an FSE is found to be non -compliant with the provisions of a discharge permit or this chapter, the Utilities Director may issue a written notice of noncompliance, whereby the FSE or receiving party shall comply with all directives, conditions, and requirements contained therein within the time prescribed. A notice of noncompliance may direct the receiving party to cease and desist from activities or actions that are prohibited by this chapter and it shall be a violation of this section for any person to fail to comply with the notice of noncompliance. Each notice of noncompliance shall state a reasonable time period for the FSE or receiving party to come into compliance with the notice of noncompliance."
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Section 679: Section 14.30.060 (Violations and Penalties) of Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.30.060 Violations and Penalties.

A. In addition to the fines and penalties provided for in Chapters 1.04 and 1.05, any person violating the provisions of this chapter may be subject to penalties pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1261 et seq., which provides that any violator may be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs.

B. The amount of any civil penalty assessed shall be based on relevant circumstances, including but not limited to, the following:

1. The extent of the harm caused;

2. The nature and persistence of the failure to perform or comply;

3. The length of time over which the failure occurred;

4. The frequency of past violations; or

5. The financial burden to the permittee or person.

C. The decision of the Utilities Director to levy penalties may be appealed to the City Manager within ten (10) days of the service of the decision as provided in Section

1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing in the manner provided for in Section 1.08.080. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." Section 680: Section 14.33.020 (Definitions) of Chapter 14.33 (Water Capital Improvement Charges) of Title 14 of the Code is hereby amended as set forth in the quotations below:
"For the purpose of this chapter, the words hereinafter defined shall have the meanings assigned to them unless it appears from the context that a different meaning is intended.
'Water capital improvement charges' shall mean the acreage charges established by Section 14.33.040 of this chapter.
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`Water system master plan' or 'master plan' shall mean the plan adopted by the City Council which shows the projected water system facilities that will be needed to provide water services to the undeveloped areas of the City."
Section 681: Section 14.33.040 (Water Capital Improvement Charges) of Chapter 14.33 (Water Capital Improvement Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.33.040 Water Capital Improvement Charges.

A water capital improvement charge per gross acre shall be set by resolution of the City Council and shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements, both public and private."
Section 682: Section 14.33.110 (Administration and Appeals) of Chapter 14.33 (Water Capital Improvement Charges) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.33.110 Administration and Appeals.

The Utilities Director shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to said authority.

Any person who is dissatisfied with a decision of the Utilities Director may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after the service of the notice of decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 683: The Table of Contents for Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby amended to read as follows:

Chapter 14.34

WATER WELL STANDARDS
Sections:

14.34.010 Intent and Purpose.

14.34.020 Definitions.

14.34.030 Well Standards Advisory Board.
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14.34.040
Acts Prohibited —Permit Required.

14.34.050
Permits.

14.34.060
Completion of Work.

14.34.070
Notice —Cancellation or Denial of Permit.

14.34.080
Notice —Public Nuisance.

14.34.090
Immediate Abatement.

14.34.100
Board Hearing.

14.34.110
Abatement Costs a Special Assessment.

14.34.120
Standards.

Section 684: Section 14.34.020 (Definitions) of Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.34.020 Definitions.

As used in this chapter, the following words shall have the meaning provided in this section:

Abandoned and Abandonment. The terms 'abandoned' and 'abandonment' shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval.

Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the Health Officer.

Agricultural Well. A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

Cathodic Protection Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or deep anode.

Community Water Supply Well means a water well used to supply water for domestic purposes.

Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard. 6-330

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Electrical Grounding Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground.

Individual Domestic Well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.

Industrial Well. A water well used to supply an industry on an individual basis.

Observation Well. A well used for monitoring or sampling the conditions of a water - bearing aquifer, such as water pressure, depth, movement or quality.

Permit. A written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well.

Public Nuisance. The term "public nuisance," when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.

Salt Water (Hydraulic) Barrier Well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

Test or Exploratory Hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board. Wells shall not include: (1) oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (2) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (3) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the Well Standards Advisory Board." Section 685: Section 14.34.110 (Abatement Costs a Special Assessment) of Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
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14.34.110 Abatement Costs a Special ,Assessment.

Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Cal. Gov. Code Section 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally."
Section 686: Section 14.34.120 (Standards) of Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"14.34.120 Standards.

Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74. Well Standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and ground water conditions."
Section 687: Section 14.34.130 (Penalty) of Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby deleted in its entirety.

Section 688: Section 14.36.010 (Purpose and Intent) of Chapter 14.36 (Water Quality) of Title 14 of the Code is hereby amended to as set forth in the quotations below:
"14.36.010 Purpose and Intent.

The United States Congress passed the Clean Water Act (33 U.S.C. Section 1251 et seq., including Section 402(p) therein, being 33 U.S.C. Section 1342(p)) as a mandate, in part, that municipalities separate storm water runoff and sanitary sewer systems, in areas such as in Orange County, obtain permits to "effectively prohibit non -storm water discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable ...." This permitting authority has been delegated by the United States Environmental Protection Agency ("EPA") to the State of California, which has authorized the State Water Resources Control Board and its local 6-332

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regulatory agencies, the Regional Water Quality Control Boards, to control non -point source discharges to California's waterways.

The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing storm water runoff for the County of Orange. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System Permit or "NPDES Permits."
The City is participating as a "Co-permittee" under the NPDES Permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.

Storm water runoff is one step in the natural cycle of water. However, human activities, such as agriculture, construction and the operation and maintenance of an urban infrastructure may result in undesirable discharges of pollutants and certain sediments, which may accumulate in local drainage channels and waterways and eventually may be deposited in the waters of the United States.

The purpose of this chapter is to participate in the improvement of water quality and comply with federal requirements for the control of urban pollutants to storm water runoff, which enters the network of storm drains throughout Orange County." Section 689: Section 14.36.020 (Definitions) of Chapter 14.36 (Water Quality) of Title 14 of the Code is hereby amended to read as follows:

14.36.020 Definitions.
"Authorized Inspector" means the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter. "Co-permittee" means the County of Orange, the Orange County Flood Control District, and/or any one of the thirty-one (31) municipalities, including the City of Newport Beach which are responsible for compliance with the terms of the NPDES Permit. "DAMP" means the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
"Development project guidance" means DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for N6w Development Including Non -Residential Construction Projects, as the same may be amended from time to time. 6-333

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"Discharge" means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi -solid or solid substance.
"Discharge exception" means the group of activities not restricted or prohibited by this Chapter, including only:

1. Discharges composed entirely of storm water;

2. Discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency;

3. Discharges from property for which best management practices set forth in the development project guidance are being implemented and followed;

4. Discharges to the Storm Water Drainage System from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);

5. Discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle and boat washing; noncommercial animal washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges;

6. Discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City;

7. Discharges authorized pursuant to a permit issued under Section 14.36.070;

8. Discharges allowable under the domestic sewage exception;

9. Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge;

10. Discharges authorized pursuant to federal or state laws or regulations. in any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
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"Domestic sewage exception" means discharges which are exceptions to this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:

1. Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill. "Enforcing Attorney" means the City Attorney or District Attorney acting as counsel to the City, which counsel is authorized to take enforcement action. For purposes of criminal prosecution, the District Attorney shall act as the Enforcing Attorney, "EPA" means the Environmental Protection Agency of the United States. "Hearing Officer" means the City Manager who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Invoice for costs" means the actual costs and expenses of the City including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any Inspection conducted pursuant to Section 14.36.050 or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 14.36.060, or this Code is utilized to obtain compliance with this chapter. "Illicit connection" means any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the Storm Water Drainage System occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the Storm Water Drainage System that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
"Legal nonconforming connection" means connections to the Storm Water Drainage System existing as of the adoption of this chapter that were in compliance with all federal, State and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No. 703. "New development" means all public and private residential (whether single-family, multi -unit or planned unit development), industrial, commercial, retail and other non- residential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
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"Nonresidential plumbing" permit means a plumbing permit authorizing the construction andlor installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.
"NPDES Permit" means the currently applicable municipal discharge permit(s) issued by the Regional Water Quality Control Board, Santa Ana Region which permit(s) establishes waste discharge requirements applicable to storm water runoff in the city. "Pollutant" means any liquid, solid or semi -solid substances, or combination thereof, including and not limited to:

1. Artificial materials (such as floatable plastics, wood products or metal shavings);

2. Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);

3. Metals and nonmetals, including compounds of metals and nonmetals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;

4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

5. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields);

6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;

7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);

8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

9. Materials which contain base/neutral or acid extractable organic compounds;

10. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and 6-336

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11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State. "Prohibited discharge" means any discharge which contains any pollutant, from public or private property to (1) the Storm Water Drainage System; (2) any upstream flow, which is tributary to the Storm Water Drainage System; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (4) any coastal harbor, bay, or the Pacific Ocean. The term prohibited discharge shall not include discharges allowable under the discharge exception. "Significant redevelopment" means the rehabilitation or reconstruction of public or private residential (whether single-family, multi -unit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
"State General Permit" means either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both.

In the event the U.S. Environmental Protection Agency revokes the in -lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities.
"Storm Water Drainage System" means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County -wide storm water runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any Co-permittee City, and used for the purpose of collecting, storing, transporting or disposing of storm water.

Section 690: Subsections (A)(1), (A)(10), (13)(3)(a), (E) and (F) of Section

14.36.060 (Enforcement) of Chapter 14.36 (Water Quality) of Title 14 of the Code are hereby amended to read as set forth below:

Subsection (A)(7) of Section 14.36.060 shall read as set forth in the quotations below:

1. Notice of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Code, the Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with this section.
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a. The notice of noncompliance shall identify the provision(s) of this chapter or the applicable permit which has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.
b. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety (90) days unless the Authorized Inspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension." Subsection (A)(10) of Section 14.36.060 shall read as set forth in the quotations below.

10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten (10) business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Cal. Civ. Proc. Code Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision. If the appellant is the prevailing party, the administrative hearing fee paid by Appellant shall be refunded. Notwithstanding the foregoing, the final decision of the Hearing Officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five (5) business days following the conclusion of the hearing."
Subsection (B)(3)(a) of Section 14.36.060 shall read as set forth in the quotations below.
"a. At the direction of the City Manager or the Authorized Inspector, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Cal. Gov. Code 38773.5."
Subsections (E) and (F) of Section 14.36.060 shall read as set forth in the quotations below.
"E. Citations. Pursuant to Cal. Pen. Code Section 836.5, the Authorized Inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Cal. Pen. Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Inspector shall refer the matter to the Enforcing Attorney. 6-338

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Each citation to appear shall state the name and address of the violator, the provisions of this chapter violated, and the time and place of appearance before the court, which shall be at least ten business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the Enforcing Attorney may request issuance of a warrant for the arrest of the person cited.

F. Violations of Other Laws, Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., or the State Porter -Cologne Act, Cal. Wat. Code Section 7, and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), U.S.C. §§ 1365(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate State or local agency, of any alleged violation of this chapter." Section 691: Subsection (A)(1) of Section 14.36.070 (Permits) of Chapter 14.36 (Water Quality) of Title 14 of the Code is hereby amended to read as set forth in the quotations below:
"A. Discharge Permit Procedure

1. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a National Pollution Discharge Elimination System Permit regulating storm water discharges, the City Manager may issue a permit authorizing the release of non - storm water discharges to the Storm Water Drainage System if:
a. The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and b. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards." Section 692: Section 15.02,085 (Addition of Section 105.3.1.1.) of Chapter 15.02 (Administrative Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.02.085 Addition of Section 105.3.1.1.

Section 105.3.1.1 is added as follows:

Section 105.3,1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City 6-339

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franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes.

If the Building Official finds that the work described in an application for a 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 enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the Public Works Department no less than twenty-four (24) hours or more than seventy-two (72) hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities.

Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject the project to suspension of work as authorized in this code."
Section 693: Section 15.02.095 (Addition of Sections 105.3.3, 105.3.4, and 105.3.5.) of Chapter 15.02 (Administrative Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

A 5.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.

Section 105.3.3 is added to read as follows:

Section 105.3.3 Time limit on permitted construction.

For any one -unit or two -unit dwelling for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.3.4.

For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin on the date of issuance of the first or original building 6-340

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permit. For building permits issued prior to June 1, 2019, the time limit to complete construction shall be three (3) years from June 1, 2019.

Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.

Section 105.3.4 is added to read as follows:

Section 105.3.4 Extension of time limit to complete construction.

The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:

1. Application for Extension to Building Official
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth: (!) the address of the project site; (ii) the name of the applicant and property owner; (i!i) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than three hundred and sixty-five (365) days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (vii!) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.6.

2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the 6-341

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property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (vili) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule.

3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third application for extension, shah be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension shall be granted, conditionally granted, or denied. The applicable hearing body shah be referred to herein as the "review authority."
b) For any application for extension tc
Manager shall appoint a Hearing Off
experience to consider the application
not be a City employee and the
compensation, and benefits of the
conditioned, either directly or indirectly,
Hearing Officer.
be heard by a Hearing Officer, the City
,er with the requisite qualifications and
for extension. The Hearing Officer shall
employment, performance evaluation,
Hearing Officer, if any, shall not be
upon the outcome of any decision by the
Within seven (7) days of the City Clerk's receipt of an application for extension, the City Manager shall notify the applicant of the name of the Hearing Officer in the manner provided in Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.
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The City Manager will review any request for disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, in the manner provided in Section 1.08.080, at least ten (10) days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.

The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.

4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given. b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (1) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents. c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) day extension, per application for extension, if it finds special 6-343

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circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) days of receipt of the final decision.

5. Judicial Proceeding.

Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.

6. Judicial Review.

The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 related to any application for extension until the person has first exhausted all administrative procedures set forth in Section 15.02.095.

Section 105.3.5 is added to read as follows:

Section 105.3.5 Correlation with Codes.

Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable 6-344

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provision of federal, state or local law including, but not limited to, construction related laws adopted by the City."
Section 694: Section 15.05.070 (Amendment to Section R301.1.3.) of Chapter

15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

A 5.05.070 Amendment to Section R301.1.3.

Section R301.1.3 is amended to read as follows:

R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for wood frame construction found in this code, the Chief Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus. & Prof. Code Sections 5537 and 6737.1.

R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of a wood frame construction more than two stories in height or having a basement.

Notwithstanding other sections of law, the law establishing these provisions is found in Cai. Bus.& Prof. Code Sections 5537 and 6737.1.

R301.1.3.3 Structures other than wood frame. The Chief Building Official shall require floor, wall or roof -ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.& Prof.

Code Sections 5537 and 6737.1."
Section 695: Section 15.05.100 (Amendment to Section R301.2.4.) of Chapter

15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.05.100 Amendment to Section R301.2.4.

Section R301.2.4 is amended to read as follows:

Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and 6-345

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constructed in accordance with Chapter 15.50, Floodplain Management, and Section R322. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.

R301.2.4.1 Alternate provisions. As an alternate to the requirements in Section R322 and Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein." Section 696: Section 15.05.110 (Amendment to Section R309.3.) of Chapter

15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

16.05.110 Amendment to Section R309.3.
"Section R309.3 is amended to read as follows:

Section R309.3 Flood hazard areas. For buildings located in flood hazard areas as established by Table R301.2, garage floors shall be:

1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and Chapter 15.50, Floodplain Management.

2. Located below the design flood elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of Section R322 and Chapter 15.50, Floodplain Management, and are otherwise constructed in accordance with this Code." Section 697: Section 15.05.200 (Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.) of Chapter 15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
t.
"15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

Section R322 is amended to include Chapter 15.50, Floodplain Management." Section 698: Section 15.06.010 (Adoption of the California Electrical Code) of Chapter 15.06 (Electrical Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

15.06.010 Adoption of the California Electrical Code.
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The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Electrical Code based on the 2020 National Electrical Code, as published by the National Fire Protection Association.

The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health & Saf. Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02." Section 699: Section 15.07.010 (Adoption of California Mechanical Code) of Chapter 15.07 (Mechanical Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.07.010 Adoption of California Mechanical Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Mechanical Code, based on the 2021 Uniform Mechanical Code, by the International Association of Plumbing and Mechanical Officials.

The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Cal. Health & Saf. Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02." Section 700: Section 15.08.010 (Adoption of California Plumbing Code) of Chapter 15.08 (Plumbing Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

A 5.08.010 Adoption of California Plumbing Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Plumbing Code, including Appendix Chapters A and C, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A copy of the 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health & Saf. Code Section 18942(e)(1) and made available for public inspection. All 6-347

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administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02." Section 701: Section 15.09.010 (Adoption of the International Swimming Pool and Spa Code) of Chapter 15.09 (Residential Swimming Pool and Spa Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.09.010 Adoption of the international Swimming Pool and Spa Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2021 Edition of the International Swimming Pool and Spa Code and all national codes and standards referenced therein as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health & Saf. Code Section 18942(e)(1) and made available for public inspection."
Section 702: Section 16.10.030 (Exempt Work) of Chapter 15.10 (Excavation and Grading Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

15.10.030 Exempt Work.

A. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following:

1. An excavation below finish grade for footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private;

2. Cemetery graves;

3. Refuse disposal sites covered by other regulations;

4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any fill made from such excavations on private property unless preemptive regulations have been established by law; . �s

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5. Mining and quarrying together with necessary stockpiling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical support, or significantly increase the stresses in or pressure upon any adjacent or continuous property;

6. Exploratory excavations under the direction of soils engineers or engineering geologists provided all excavations are properly backfilled;

7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than four (4) feet in height and steeper than two (2) horizontal to one (1) vertical; and (c) is less than fifty (50) cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by these regulations;

8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which:
a. Is placed on natural undisturbed terrain with a slope flatter than five (5) horizontal to one (1) vertical; or
b. Less than three (3) feet in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition.

B. Exceptions listed above shall not be interpreted as exempting future construction on a site from code compliance due to an exempted nonconforming condition nor shall any exception be construed as exempting an adverse condition from being corrected in accordance with the procedures, nor shall it be construed as exempting any requirement for grading as a flood plain management requirement.

C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by the Building Official, or when performed as part of maintenance work.

D. Whenever the Building Official determines that (1) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (2) existing drainage conditions have resulted or may result in adverse erosion conditions, he/she may require a drainage permit to be obtained and corrective work accomplished."
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Section 703: Section 15.10.040 (Hazard Abatement) of Chapter 15.10 (Excavation and Grading Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.10.040 Hazard Abatement.

A. Whenever the Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he/she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the International Property Maintenance Code, as adopted by the City of Newport Beach.

B. The Building Official shall require the permittee or contractor, before excavating any trench five (5) feet or more in depth, to submit a detailed plan to the Building Official showing the design of shoring, bracing, sloping or other provisions (i.e., security fencing, etc.) to be made for workers' protection and public safety from the hazard of caving ground."
Section 704:Section 15.10.050 (Definitions) of Chapter 15.10 (Excavation and Grading Code) of Title 15 of the Code is hereby amended to read as follows:

15.10.050 Definitions.

For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section.
"Approval" means a written, civil engineering or geological opinion concerning the satisfactory progress and completion of the work.
"As -graded" means the topographic surface at completion of grading. "Bedrock" is in place of solid rock.
"Bench" means a relatively level step excavated into earth material on which fill is to be placed.
"Borrow" means earth material acquired from off -site location for use in grading on a site.
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"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certification of registration, issued by the State of California. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works or the beneficial uses of mankind. "Clearing, brushing and grubbing" means the removal of vegetation (grass, brush, trees and similar plant types or root systems) by mechanical means. "Compaction" means the densification of a fill by mechanical means. "Drainage plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Building Official.
"Earth material" is any rock, natural soil, fill, or any substance that makes up or originates from the earth and/or any combination thereof. "Engineering geologist" means a professional geologist registered in the State of California as a geologist and certified by the State of California as a geologist and certified by the State of California to practice engineering geology in the field of civil works.
"Erosion" is the process by which rock and soil are removed from the earth's surface by natural processes such as wind or water flow, and then transported and deposited in other locations.
"Erosion control devices" (permanent) are devices used in best management practices (BMPs) to be constructed in residential, industrial, commercial sites and agricultural lands to reduce the discharge of pollutants in runoff. BMPs are often implemented to comply with NPDES permit requirements, as a part of stormwater runoff management programs required by the State of California and the County of Orange in conjunction with the Water Quality Management Plan (WQMP) following the Orange County Technical Guidance Document (TGD).
"Erosion control devices" (temporary) are devices which are designed to minimize erosion and sediment from stormwater and nonstormwater runoff from construction sites, natural areas, agricultural lands or urban environment. They are often implemented in conjunction with an erosion and sediment control plan (ESOP). "Excavation" means the mechanical or physical removal of earth material. 6-351

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"Fill" means a deposit of earth material placed by artificial means. "Finish grade" means the final grade of the site which conforms to the approved plan. "Grade" means the vertical location of the ground surface. "Grading" means to bring an existing surface to a designed form by cutting, filling and/or smoothing operations.
"Grading contractor" means a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. "Key" means designed and compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
"Landslide" means the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. "Massive landslide" means a landslide too large to be stabilized by retaining methods or normal control methods.
"Minor rain event" means less than three -fourths inches of rain in a 24-hour period. "Permit" means any permit issued pursuant to this code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. "Permittee" means the owner or his authorized agent to whom a grading permit is issued.
"Rough grade" means the stage at which the grade approximately conforms to the approved plan.
"Sediment" means the material derived by erosion carried by an agent of erosion. "Significant storm event" means more than three -fourths inches of rain in any 24-hour period.
"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
"Soil" means naturally occurring surficial deposits overlying bedrock. 6-352

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"Soil engineer/geotechnical engineer" means a civil engineer with training and experience in soil mechanics who specializes in the practice of soils and foundation engineering. A soil engineer may use the title geotechnical engineer (GE) if he/she has passed the GE examination. For the purposes of this code the terms soil engineer and geotechnical engineer are interchangeable.
"Soil engineering" means the application of the principles of soil mechanics in the investigation, testing, evaluation and design of civil works involving the use of earth materials and the evaluation, inspection and testing of the construction thereof. "Terrace" means a relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes.
"Tract" means a subdivision of land containing five or more lots.

Section 705: Subsection (H)(5) of Section 15.10.060 (Grading Permit Requirements) of Chapter 15.10 (Excavation and Grading Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"5. A stop sign conforming to the requirements of Section 21400 of the Cal. Veh. Code shall be posted at the entrance of the access road to the public roadway;" Section 706: Section 15.11.010 (Adoption of the California Green Building Standards Code) of Chapter 16.11 (Green Building Standards Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.11.010 Adoption of the California Green Building Standards Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Green Building Standards Code.

The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Green Standards Code. A copy of the 2022 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to Cal. Health Saf. Code Section 18942(e)(1) and made available for public inspection."
Section 707: Section 15.13.010 (Adoption of the California Historical Building Code) of Chapter 15.13 (Historical Building Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.13.010 Adoption of the California Historical Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Historical Building Code, 24 CCR Part 8 and 6-353

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all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code.

Building Code, printed in code book form,
Building Official pursuant to Cal. Health &
available for public inspection."
A copy of the 2022 California Historical
shall be kept on file in the office of the
Saf. Code Section 18942(e)(1) and made
Section 708: Section 15.14.010 (Adoption of the California Existing Building Code) of Chapter 15.14 (Existing Building Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.14.010 Adoption of the California Existing Building Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Existing Building Code, 14 CCR Part 10, Appendix A, Chapters A-1, A-2 and A-3, and all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2022 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health & Saf. Code Section 18942(e)(1) and made available for public inspection."
Section 709:The Table of Contents for Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby amended to read as follows:

Chapter 15.15

REPORT OF RESIDENTIAL BUILDING RECORDS
Sections:

15.15.010
Authorization and Findings.

15.15.020
Definitions.

15.15.030
Obtaining a Report of Residential Building Records.

15.15.040
Application.

15.15.050
Inspection.

15.15.060
Delivery of Report.

15.15.070
Refunds/Cancellation Fees.

Section 710:Section 15,15.010 (Authorization and Findings) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
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"15.15.010 Authorization and Findings.

The City Council is authorized to require a report of residential building records pursuant to the provisions of the Constitution of the State of California, the City Charter, and Government Code Section 38780, et seq. While requiring these reports can help reduce and prevent violations of the Code, imposing this requirement can disrupt the sale of residential property. Based thereon, the City Council finds that making a voluntary program available to people purchasing residential real property is warranted".

Section 711: Section 15.15.030 (Report Required) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.15.030 Obtaining a Report of Residential Building Records.

The owner of any residential building may obtain from the City a report of the residential building records upon entering into an agreement of sale. Any owner seeking a report shall file an application for such a report on forms provided by the City." Section 712: Section 15.15.040 (Application) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.15.040 Application.

The report of residential building records shall be issued by the City within thirty (30) days after the owner submits a completed application on the form provided by the City and pays the fee established by resolution of the City Council. The owner shall indicate on the application whether the owner wants an inspection of the residential building. If the owner does not want an inspection of the residential building, the report shall indicate that the residential building was not inspected by the City." Section 713: Section 15.15.050 (Delivery of Report) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and replaced 15.15.050 (Inspection), to read as set forth in the quotations below:
1115.15.060 Inspection.

If the owner requests an inspection of the residential building, the City shall cause a physical inspection of the residential building after research of the City records is completed. The report of residential building records shall include evidence of building permit or zoning Code violations observed during the inspection, and correction of those violations as determined by any re -inspections of the property." 6-355

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Section 714: Section 15.15.060 (Exceptions) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and replaced 15.15.060 (Delivery of Report), to read as set forth in the quotations below:
"15.15.060 Delivery of Report.

The completed report of residential building records shall be delivered by the owner or the owner's representative."
Section 715: Section 15.15.070 (Penalties) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and replaced 15.15.070 (Refunds/Cancellation Fees), to read as set forth in the quotations below:
"15.15.070 Refunds/Cancellation Fees.

A. City shall refund the fee accompanying an application for a report of residential building records if a written request for refund is made prior to staff review of City records necessary to prepare the report. An administrative charge of twenty (20) percent of the application fee shall be withheld from any refund granted pursuant to this section. No refunds will be made for a residential building report after the staff review or physical inspection of the property pursuant to Section 20,03.045 of this Code; B. Owner shall pay an inspection or reinspection cancellation fee in the amount established by resolution of the City Council. This fee shall be charged when an inspection or reinspection appointment is made with the owner and the owner fails to appear at the time of the inspection or cancels the appointment." Section 716: Section 15.15.066 (Expiration of Report) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety.

Section 717: Section 15.15.075 (Severability) of Chapter 15.15 (Report of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety.

Section 718:The Table of Contents for Chapter 15.16 (Sign Code) of Title 15 of the Code is hereby amended to read as follows:

Chapter 15.16

SIGN CODE
Sections:

15.16.010
Definitions.

15.16.020
Purpose and Scope.

15.16.030
Enforcement.
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15.16.050
Interpretation and Exceptions.

15.16.060
Exception Permits Procedure.

15.16.070
Compliance Required.

15.16.100
Exceptions for Maintenance and Repair.

15.16.110
Permits.

15.16.120
Application for Sign Permit.

15.16.130
Exemptions.

15.16.140
Prohibitions.

15.16.150
Fees.

15.16.160
Proper Maintenance Required.

16.16.170
Inspections.

15.16.180
Design Standards.

15.16.190
Support Construction Requirements.

16.16.200
Materials.

15.16.210
Anchorage.

16.16.220
Table 8-BA—Limitation of Plastics in Signs.

15.16.230
Table 8-513—Size, Thickness and Type of Glass Panels.

15.16.240
Ground and Pole Signs Design.

15.16.260
Combination Signs.

15.16.260
Display Surface Area and Height.

15.16.270
Roof Signs.

16.16.280
Wall Signs.

15.16.290
Projecting Signs.

16.16.300
Signs on Marquees.

16.16.310
Electrical Sign Materials.

15.16.320
Illuminated Signs.

15.16.330
Electrical Installations.

15.16.340
Temporary Signs.

15.16.350
Cloth Signs.

15.16.360
Nonconforming Signs.

Section 719. Without making any other changes to the other definitions set forth in Section 15.16.010 (Definitions) of Chapter 15.16 (Sign Code) of Title 15 of the Code, the definition of "Designated High -Density Area" set forth in Section 15.16.010 is hereby amended to read as follows:

Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the map designating High Density Areas, previously adopted by the City Council and which is on file with the City Clerk's Office. (See, High Density Map).

The geographical boundaries of a homeowners' association, as defined in Section

10.28.040(E), shall be excluded from the definition of a "designated high -density area" if the City Council adopts a resolution pursuant to Section 10.28.040(E). 6-357

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Section 720: Subsection (B) of Section 15.16.110 (Permits) of Chapter 15.16 (Sign Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
""B. Issuance. In accordance with the provisions of and subject to the exceptions in Cal. Lab. Code Section 3800, each applicant must show that he possesses the contractor's license required by the State."
Section 721: Section 15.16.120 (Application for Sign Permit) of Chapter 15.16 (Sign Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"16.16.120 Application for Sign Permit.

Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Building Official may require the filing of plans or other pertinent information where in his opinion such information is necessary to ensure compliance with this chapter.

No permit shall be issued for any sign and no person shall cause or permit a sign to be constructed, installed or erected which does not comply with all the provisions of this chapter or which has less horizontal or vertical clearance from energized electric power lines than prescribed by the Cal Pen. Code Section 385, the regulations of the California Public Utilities Commission, and the orders of the State Division of Industrial Safety." Section 722: Section 15.16.370 (Separate Penalty Provisions) of Chapter 15.16 (Sign Code) of Title 15 of the Code is hereby deleted in its entirety.

Section 723: Section 15.17,010 (Adoption of the California Energy Code) of Chapter 15.17 (Energy Code) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.17.010 Adoption of the California Energy Code.

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Energy Code, 24 CRR and all national codes and standards referenced therein to the prescribed extent of each such reference.

The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2022 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal.

Health & Saf. Code Section 18942(e)(1) and made available for public inspection." 6-358

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Section 724: Subsection (F) of Section 15.18.060 (Duties of the Building Safety Division and Chief Building Official) of Chapter 15.18 (Solar Systems) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal Gov. Code Sections 65850.55, 66015, and 66016 and Cal. Health & Saf. Code Section 17951."
Section 725: Subsections (E) and (F) of Section 15.18.070 (Permit Review and Inspection Requirements) of Chapter 15.18 (Solar Systems) of Title 15 of the Code are hereby amended to read as set forth in the quotations below:
"E. 'A feasible method to satisfactorily mitigate or avoid the specific, adverse impact' includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Cal. Civ. Code Section 714(d) (1) (A) (B), defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F. The City shall not condition approval of an application on the approval of an association, as defined in Cal. Civ, Code Section 4080." Section 726: Section 15.20.080 (House Mover's Permit Required) of Chapter

15.20 (House Moving) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.20.080 House Mover's Permit Required.

No person shall move any building or structure or any portion thereof over, upon, along or across any street until the Public Works Director has first issued a permit therefor.

Such permit shall be called a `house mover's permit.' A house mover's permit shall not be required for 'relocatable buildings' subject to the provisions of Chapter 15.21 of this Code."
Section 727: Section 15.37.010 (Intent) of Chapter 15.37 (Approval in Concept Permit) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.37.010 Intent.

To comply with the California Coastal Act and the South Coast Regional Commission's operating regulations, it is necessary for the City to approve in concept all projects in the coastal zone permit area prior to any action by the South Coast Regional Commission." 6-359

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Section 728: The Table of Contents for Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of Title 15 of the Code is hereby amended to read as follows:

Chapter 15.38

FAIR SHARE TRAFFIC CONTIRUBTION ORDINANCE
Sections:

15.38.010
Intent.

15.38.020
Purpose.

15.38.030
Specific Findings.

15.38.040
Terms and Definitions.

15.38.045
Applicability.

15.38.050
Establishment of Fair Share Traffic Contribution.

15.38.060
Payment of Contribution.

15.38.070
Use of funds.

15.38.075
Nontransferable.

15.38.080
In Lieu Contributions.

15.38.085
Fee Adjustments.

15.38.090
Exemptions.

15.38.100
Retroactivity.

15.38.110
Waiver for Affordable Housing.

15.38.120
Supplementary Provisions.

Section 729: Subsection (D) of Section 15,38,050 (Establishment of Fair Share Traffic Contribution) of Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"D. In the event no substantive changes to any of the provisions of this chapter or the fair share implementation resolution occur during the time between the mandatory City Council reviews as set forth herein, the dollar amount set forth in the fair share implementation resolution exhibits, shall be increased automatically, based upon any interim increase in the Consumer Price Index. This automatic increase shall be calculated and become effective on July 1 of any year that the City Council does not otherwise review the contents or provisions of this chapter and the fair share implementation resolution."
Section 730: Section 15.38.110 (Waiver for Affordable Housing) of Chapter

15.38 (Fair Share Traffic Contribution Ordinance) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
9415.38.110 Waiver for Affordable Housing.
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Contributions, otherwise required pursuant to this chapter, shall be waived for all affordable residential housing as that term is defined in the housing element, and for any `granny' units or `second units' as defined in Cal. Gov. Code Section 65852.1." Section 731: Section 15.38.130 (Severability) of Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of Title 15 of the Code is hereby deleted in its entirety.

Section 732: The Table of Contents for Chapter 16.40 (Traffic Phasing Ordinance) of Title 15 of the Code is hereby amended to read as follows:

Chapter 15.40

TRAFFIC PHASING ORDINANCE'S
Sections:

15.40.010 Findings.

15.40.020 Objectives.

15.40.030 Standards for Approval---Findings---Exemptions.

15.40.035 Expiration.

15.40.040 Definitions.

15.40.050 Procedures.

15.40.060 Hearings —Notice.

15.40.070 Appeal —Review.

15.40.075 Proportionality.

Prior ordinance history: Ords. 1765, 1777, 1787, 85-30, 86-20 and 94-2.

Section 733: Section 15.40.040 (Definitions) of Chapter 15.40 (Traffic Phasing Ordinance) of Title 15 of the Code is hereby amended to make the following modifications to the specific definitions set forth below, without making any other changes to the other definitions set forth in Section 15.40.40:

The definition of Traffic Manager, set forth in Section 15.40.040, shall read as set forth in the quotations below. -
"'Traffic Manager means the person designated by the City Manager as the City Traffic Engineer pursuant to Section 2.32.010."
The definition of Peak hour period, set forth in Section 15.40.040, shall read as set forth in the quotations below.
"Peak hour period" means the four consecutive fifteen (15) minute periods between 7:00 a.m. and 9:00 a.m. (morning) and the four consecutive fifteen (15) minute periods between 4:30 p.m. and 6:30 p.m. (evening) with the highest traffic volumes (for each primary intersection) as determined by the field counts required by Appendix A." 6-361

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The definition of Project, set forth in Section 15.40.040, shall read as set forth in the quotations below:
"Project" means "project" as defined in CEQA and relevant decisional law without regard to whether any environmental document is required for the project. The term "project" shall also mean any application for a building or grading permit for development that would generate more than three hundred (300) average daily trips.

Section 734: Section 15.40.080 (Severability) Chapter 15.40 (Traffic Phasing Ordinance) of Title 15 of the Code is hereby deleted in its entirety.

Section 735: Subsection (3)(i)(iii) of Appendix A (Administrative Procedures for Implementing the Traffic Phasing Ordinance) of Chapter 15.40 (Traffic Phasing Ordinance) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"(0i). The Traffic Manager and Community Development Director shall maintain a list of Committed Projects and, at least annually, update the list to reflect new Approvals pursuant to the TPO as well as completion of all or a portion of each Committed Project.

A Committed Project shall not be removed from the Committed Project list until a final certificate of occupancy has been issued for all phases and the field counts required by subsection 3(d)(i) have been taken subsequent to issuance of the certificate of occupancy."
Section 736: Appendix B (Primary Intersections) of Chapter 15.40 (Traffic Phasing Ordinance) of Title 15 of the Code is hereby amended to read as follows:

Balboa and 21 st
Bayview and Bristol
Birch and Bristol North
Birch and Bristol
Campus and Bristol
Campus and Bristol North
Campus and Von Karman
Coast Highway and Avocado
Coast Highway and Bayside
Coast Highway and Dover/Bayshore
Coast Highway and Goldenrod
Coast Highway and Jamboree
Coast Highway and MacArthur
Jamboree and Bayview
Jamboree and Birch
Jamboree and Bison
Jamboree and Bristol North
Jamboree and Bristol
Jamboree and Campus
Jamboree and Ford/Eastbluff
Jamboree and MacArthur
Jamboree and San Joaquin Hills
Jamboree and Santa Barbara
Jamboree and University/Eastbluff
MacArthur and Birch
MacArthur and Bison
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Coast Highway and Marguerite
Coast Highway and Newport Center
Coast Hwy and Newport Coast
Coast Highway and Newport Ramp
Coast Highway and Orange
Coast Highway and Poppy
Coast Highway and Riverside
Coast Highway and Tustin
Coast Highway and Superior
Dover and 16th
Dover and Westcliff
Irvine and Dover/19th
Irvine and Highland/20th
Irvine and Mesa
Irvine and Santiago122nd
Irvine and University
Irvine and Westcliffll7th
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MacArthur and Campus
MacArthur and Ford/Bonita Canyon
MacArthur and San Joaquin Hills
MacArthur and San Miguel
MacArthur and Von Karman
Marguerite and San Joaquin Hills
Newport and Balboa
Newport and Hospital
Newport and Via Lido
Newport and 32na
Newport Coast and Ridge Park
Newport Coast and San Joaquin Hills
Placentia and Superior
San Miguel and San Joaquin Hills
Santa Cruz and San Joaquin Hills
Santa Rosa and San Joaquin Hills
Superior and Hospital
Section 737: Subsection (B) of Section 15.42.040 (Notice of Hearing) of Chapter

15.42 (Major Thoroughfare and Bridge Fee Program) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"B, Notice shall be given at least ten (10) days before the hearing by the following:

1. Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

2. Notices posted throughout the proposed area of benefit with at least three (3) notices posted at arterial highway intersections within the proposed area of benefit.

3. Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

4. Notices sent by first-class mail to all known Homeowners' Associations within the proposed area of benefit.
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5. Notice by first-class mail to any person who has filed a written request therefor with the Director of Public Works. Such request shall apply for the calendar year in which it is filed."
Section 738: Section 15.45.010 (Purpose) of Chapter 15.45 (Development Agreements) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.45.010 Purpose.

The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of the project and discourage investment in, and commitment to, comprehensive planning.

Assurance that an applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. The ordinance codified in this chapter is adopted in part pursuant to the provisions of Cal. Gov. Code Section 65864 et seq." Section 739: Section 15.45.050 (Public Hearing —Notice) of Chapter 15.45 (Development Agreements) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.45.050 Public Hearing —Notice.

A public hearing on an application for a development agreement shall first be held by the Planning Commission and then by the City Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Cal. Gov. Code Sections 65090 and 65091 in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement." Section 740: Section 15.45.070 (Amendment/Cancellation) of Chapter 15.45 (Development Agreements) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.45.070 AmendmentlCancellation.

Development agreements shall only be used after careful consideration since they can limit authority of future City Councils to react to changed conditions.

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided in Cal. Gov. Code Section 65867. An amendment to a development 6-364

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agreement shall be subject to the provisions of Section 65867.5. In the event that State or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such State or federal laws or regulations."
Section 741: Section 15.45.090 (Local Coastal Programs) of Chapter 15.45 (Development Agreements) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.45.090 Local Coastal Programs.

A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (commencing with Section 30000) of the Cal. Pub. Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action."
Section 742:The Table of Contents for Chapter 15.50 (Floodplain Management) of Title 15 of the Code is hereby amended to read as follows:

CHAPTER 15.50
FLOODPLAIN MANAGEMENT*
Sections:

15.50.010
Statutory Authorization.

15.50.020
Findings of Fact.

15.60.030
Statement of Purpose.

15.60.040
Methods of Reducing Flood Losses.

15.60.060
Definitions.

16.50.060
Lands to Which This Chapter Applies.

15.50.070
Basis for Establishing the Areas of Special Flood Hazard. 15-60.080
Compliance.

16.50.090
Abrogation and Greater Restrictions.

15.50.100
Interpretation.

15.50.110
Warning and Disclaimer of Liability.

15.50.130
Designation of the Floodplain Administrator.

15.50.135
Permit Review.

15.50.140
Review, Use of Other Base Flood Data.

15.50.145
Development of Substantial Improvement and Substantial
Damage Procedures.
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15,50.160
Documentation of Floodplain Development.

16.50.160
Notification of Other Agencies.

15.60.170
Map Determinations.
1 5.50.180
Appeals and Variance Procedure.

15.50.190
Conditions for Variances.

16.50.200
Standards of Construction.

16.50.205
Recreational Vehicles.

15.50.210
Standards for Utilities.

15.50.220
Standards for Development and Subdivisions.

15.60.230
Coastal High Hazard Areas.

15.50.240
Mudslide Prone Areas.

15.50.250
Flood -Related Erosion -Prone Areas.

Section 743: Section 15.50.010 (Statutory Authorization) of Chapter 15.45 (Floodplain Management) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
'116.60.010 Statutory Authorization.

The Legislature of the State has in Cal. Gov. Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does ordain as set out in this chapter."
Section 744: Section 15.50,120 (Severability) of Chapter 15.45 (Floodplain Management) of Title 15 of the Code is hereby deleted in its entirety.

Section 745:Section 15.60.030 (Temporary Project Information Sign) of Chapter

15.60 (Construction Site Fencing and Screening) of Title 15 of the Code is hereby amended to read as follows:

16.60.030 Temporary Project Information Sign.

When a property in a designated high -density area, as defined in Section 15.16.010, is required to be fenced in accordance with Section 15.60.020, a temporary project information sign shall be affixed to the fence that can be readily viewed by the public.

The temporary project information sign shall be subject to prior approval by the Community Development Director. The temporary project information sign shall be two feet in height by three (3) feet in length with the following information printed legibly in seventy-two (72) point font:

A. Permit number;
B. Site address;
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C. General contractor's name;
D. General contractor's license number;
E. Contact name;
F. Contact phone number; and
G. Contact email address.

The temporary project information sign shall be labeled with the words "PROJECT INFORMATION" at the center top and contain the most current contact information for the City's Code Enforcement, Parking Enforcement, and Building Inspection divisions located at the bottom and such other information as the Community Development Director may specify and require.

The temporary project information sign shall be in substantial conformance to the following; however, the Community Development Director may require inclusion of additional information:

PROJECT INFORMATION
DRESS:

CONTACT:-_
___ PHONE *_
CONTRACTOR:_
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CODE ENFORCEMENT: 644-3215 1 PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200 [email protected]
Section 746: Section 15.65.010 (intent and Purpose) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

15.65.010 Intent and Purpose.

The County and the City have entered into a stipulation for termination of litigation relating to John Wayne Airport, an annexation agreement and a cooperative agreement regarding redevelopment which together promote cooperation between the City and County in the use of redevelopment law to implement the land use compatibility plan for John Wayne Airport in an area southerly of the airport commonly known as 'Santa Ana Heights.'
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The County intends to finance land use conversions, sound attenuation, purchase assurance, equestrian facilities, and traffic improvements using California Community Redevelopment Law.

The City in accordance with the cooperative agreement intends to assist the County implement the land use compatibility plan through the use of redevelopment law while at the same time retaining for the City certain revenue generating powers and land use controls within the territorial limits of the City and within areas which may be annexed to the territorial limits of the City.

The Planning Commission of the County and the Orange County Development Agency have cooperated in the selection of a project area pursuant to Cal Health & Saf. Code Sections 33322 and 33323. The project area selected by the Planning Commission and the Agency includes territory within the territorial limits of the City. Such territory is contiguous to the unincorporated territory of the County which is also included within such project area. The subject project area and the territory within the City are designated on the map attached as Exhibit A to the ordinance codified in this chapter.

Cal. Health & Saf. Code Section 33213 provides that by ordinance, the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community." Section 747: Section 15.65.020 (Authorization) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:

A 5.65.020 Authorization.

Pursuant to Cal. Health & Saf. Code Section 33213, the City Council of the City hereby authorizes redevelopment by the County of that portion of the project area which is within the territorial limits of the City as shown on Exhibit A attached to the ordinance codified in this chapter. The County is hereby designated to undertake such redevelopment. Pursuant to Cal. Health & Saf. Code Section 33213, any redevelopment plan prepared by the Orange County Development Agency for that portion of the project area within the territorial limits of the City of Newport Beach shall be subject to the approval of the City Council of the City by ordinance prior to the implementation of any of the provisions of such redevelopment plan with respect to such area." Section 748: Subsection (E) of Section 16.65.030 (Approval of Redevelopment Plan) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"E. The redevelopment plan contains a provision that Cal. Health & Saf. Code Section 33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D) above."

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Section 749: Section 15.80.010 (Building and Fire Board of Appeals) of Chapter

15.80 (Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.80.010 Building and Fire Board of Appeals.

To hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the Building Code (Chapter 15.02 through Chapter 15.14) and Fire Code (Title 9), as adopted by the City, and any other matter specified in the Code, there shall be and is hereby created a Building and Fire Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Building and Fire Board of Appeals shall be appointed by the City Council and shall not include any employees of the City. The Board shall adopt rules of procedure for conducting its business and it may recommend to the City Council such new legislation as is consistent therewith."
Section 750:Subsection (G) of Section 15.80.060 (Procedures) of Chapter 15.80 (Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Prof. Section 1094.5." Section 751: Section 17.01.030 (Definition of Terms) of Chapter 17.01 (Definitions) of Title 17 of the Code is hereby amended to read as follows:

17.01.030 Definition of Terms.

A. Definitions: A.

1. Abutting Upland(s) Property. The term "abutting uplands property" or "abutting upland(s)" shall mean the adjacent bordering property held in fee or by lease. In instances, such as on Balboa Island, where a City -owned public walkway exists between the harbor structure and the adjacent bordering property, the "abutting uplands property" or "abutting upland(s)" shall mean the property adjacent to and abutting the property held in fee or by lease on the landward side of the walkway.

2. Alternate Materials, Design and Methods of Construction. The term "alternate materials, design and methods of construction" shall refer to the alternate materials, 6-369

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Newport Beach City CouncilNovember 28, 2023

Newport Beach City Council
November 28, 2023