ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 12.62 (TEMPORARY STREET CLOSURE) AND
CHAPTER 12.63 (SOLID WASTE MANAGEMENT) OF
THE NEWPORT BEACH MUNICIPAL CODE RELATED TO
SOLID WASTE HAULING
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach (“City”),vests the CityCouncil with the authorityto make and enforce alllaws, rules and regulationswith respect to municipal affairssubject only to the restrictionsand limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and allrights,powers, and privileges,or procedures granted or prescribedby any law ofthe Stateof California(“State”); WHEREAS, pursuant to ArticleXIIIof the City Charter, Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal Code (“NBMC”), and California Public Resources Code Sections 40059, 49300, and 49500, et seq., the City is authorized to grant franchises via ordinance and enter into non-exclusive franchise agreements forcommercial franchiseserviceswith privatesolid waste haulers; WHEREAS, the City Council adopted a model non-exclusive commercial solid waste franchise agreement in 2017 that was updated in 2019 to meet the State’s mandated solid waste diversion requirements for private solid waste haulers and, thereafter,entered intofranchise agreements with a number of commercial solid waste franchise haulers;
WHEREAS, the CaliforniaIntegrated Waste Management Act of 1989 codified in the California Public Resources Code Section 40000, et seq., as amended, mandates local governments divertsolidwaste, with the diversion requirements increasing from 25% when initiallyenacted to a goal of 50% in 2025;
WHEREAS, the City continues to consider ways to meet the State mandated diversion requirements;
WHEREAS, the Refuse Ad Hoc Advisory Committee is addressing ways to improve solid waste handling services, including meeting diversion requirements and facilitatinglegaloperation of franchise hauling withinthe City;and WHEREAS, the City Council desires to amend various provisions of Chapter
12.62 (Temporary Street Closure) and Chapter 12.63 (SolidWaste Management) of the NBMC as provided herein.
Attachment A
1 Ordinance No. 2026-1
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The provisions of Chapter 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the NBMC, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference, are hereby amended.
Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect.
Ordinance No. 2026-
Section 6: The Mayor shallsign and the City Clerk shall attestto the passage of thisordinance. The City Clerk shallcause the ordinance, or a summary thereof,to be published pursuant to CityCharter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of January, 2026, and adopted on the 10th day of February, 2026, by the followingvote,to-wit;
AYES;
NAYS:
ABSENT;
Lauren Kleiman, Mayor
ATTEST:
Lena Shumway, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Aaron C. Harp, City Attorney
ExhibitA - NBMC Chapters 12.62 and 12.63 AmendmentsAttachment(s):
EXHIBIT A
NBMC CHAPTERS 12.62 AND 12.63 AMENDMENTS
Section 12.62.030 (Issuance of Permit) of the Newport Beach Municipal Code is amended to read as follows:
12.62.030 Issuance of Permit.
The City Manager may issue a permit ifthe City Manager determines that the granting of the application for the time and location requested will not unreasonably inconvenience the public,create unusual trafficor policingproblems, or interferewith the peace and quiet of the surrounding neighborhood. Ifthe City Manager determines not to issue a permit, the City Manager may either deny the same or refer the applicationto the City Council for a decision.Ifthe City Manager decides to not issue the permit,the City Manager shallnotifythe applicantin writing,in the manner provided in Section 1.08.080, of the City Manager’s decision to deny the permit and of the rightto appeal said decision to the City Council or,ifthe matter is referredto the City Council, the date, time and locationthe applicationwillbe considered by the City Council.
Ifthe 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 activityor special event willbe conducted in an orderly manner with a minimum of inconvenience to the public.In addition,the City Manager may requirethat the permittee provide;
A. Insurance, which types and amounts shallbe determined by the Risk Manager.
B. A security deposit to be used to reimburse the City for all extraordinary costs resultingfrom the activityor special event, such as placing and removing barricades, extra trafficcontrolor police protection,and streetsweeping and cleanup.
In additionto any fineor penalty that may be imposed pursuant to any provision of this Code, the City Manager may revoke a temporary streetclosure permit on the following grounds;
1. The permittee has ceased to meet the conditionsof the permit;
2. The permit holder has provided false information or made a misrepresentation of a materialfactinthe applicationforthe permit;or
3. The street closure permit activitycreates a public nuisance that constitutes a health or safety hazard.
Section 12.62.040 (Appeal and Call for Review) of the Newport Beach Municipal Code is amended to read as follows;
1. 2.
Appeal and Call for Review.
Ifan applicantis aggrieved by any action or failureto act upon the part of the City Manager in issuing,failingto issue, suspending or revoking any permit under this chapter,such applicantmay appeal to the City Council by filingwith the City Clerk and paying the fee, establishedby resolutionof the City Council within the timeframes specifiedbelow, a statement addressed to the City Council settingforththe facts and circumstances regarding the action or failureto act on the part of the City Manager. A member of the City Council, in theirofficialcapacity,may callfor review any action of the City Manager in issuing,failingto issue,suspending, or revoking any permit under thischapter forthe purpose of bringingthe matter in frontof the entirebody for review.
A callfor review shallbe filedwith the City Clerk on a form provided by the Clerk. The City Clerk shallnotifythe applicantin writingby certifiedmail of the time and place set for hearing his appeal or callfor review. The City Council, at itsnext regular meeting, held not less than five(5) days from the date on which such appeal or callfor review shallhave been filedwith the City Clerk shallhear the applicant,the City Manager, and allrelevantevidence. The City Council may sustain,overrule,or modify the action of the City Manager, and the decision of the City Council shall be finalas to the City but subjectto judicialreview pursuant to CaliforniaCode of Civil Procedure Section 1094.5.
The rightto appeal or call an item for review regarding the denial, suspension or revocation of any permit required by thischapter shallterminate upon the expirationof fifteen(15) days followingthe notificationof the applicant of the action of the City Manager and of the rightto appeal such action to the City Council, which notice shallbe served inthe manner provided in Section 1.08.080.
12.62.040
The definitions of “Back-haul, Permitted processing
Self-hauler,” and “Small hauler” are added and definitions of “Collect,” are amended in Section 12.63.020
Back hauler.3.
facility,
“Commercial premises,” and “Container’
(Definitions)of the Newport Beach Municipal Code to read as follows:
99 ((
“Back haul” means generating and transporting organic waste or retail waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66). “Back hauler” means a person that back hauls.
“Collect”or “collection”means the operation of gathering together and/or transportingby means of a motor vehicle, trailer,or other means, any solidwaste or recyclable material. “Commercial premises” means alloccupied real property in the City including,without limitation,multi-unitresidentialdevelopments (including housing projects containing or consistingof four (4)or more attached units,whether apartment houses, condominiums, or mixed use projects,mixed use condominiums and rental housing, and which use commercial solid waste containers), wholesale or retailestablishments, restaurants, other food establishments, bars, stores, shops, offices,mechanized manufacturing facilities,repair, research and development or professional services, sports or recreational facilities,industrialfacilities,and construction and demolition sites;but shall not include property occupied by governmental agencies which do not consent to their inclusion,and residentialpremises which receive solidwaste collectionservices using residential solid waste containers.
“Container”means any vessel,tank, receptacle,box, bin, or cart used or intended to be used inthe storage or collectionof recyclablematerialsor inthe process of recycling,or forthe purpose of holding solidwaste forstorage or collection. “Permitted processing facility”means a processing facilityfor diverted materials that holds allrequired Federal, State, and localpermits and isoperating in accordance with allpermit requirements.A permitted processing facilityincludes, but is not limited to, materials recovery facilities(clean MRFs), mixed waste processing materials recovery facilities(dirtyMRFs), composting facilities,anaerobic digestion facilities,publicly owned treatment works that accept food scraps and/or bioengineered feedstock for digestion,and processing facilitiesforconstructionand demolition debris. “Selfhauler” means a person that transports solidwaste he or she has generated to a permittedprocessing facility.Self hauler also includesa person who back hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). “Small hauler”means a property owner or lessee thattransports a de minimis amount, which isdefined as not greaterthan fifty(50) cubic feet,of solidwaste generated from a home or commercial renovation or construction projectthat does not require a building permit at the propertyowned or leased by him or her.
Section 12.63.080 (Required Findings) of the Newport Beach Municipal Code is amended to read as follows:
The CityCouncil shallapprove or conditionallyapprove an applicationfora franchise if, on the basis of the application,information materials,and testimony submitted,the City Council finds:
A. That the applicationcomplies with thischapter;
B. That the applicantor any person responsible forthe management of the entity submittingthe applicationhas not withinthe past three years; (1)had a franchisefor commercial solidwaste handling services terminated by the City;and/or (2) received two (2)or more administrativecitationswithinthe past twelve (12) months foroperating a solidwaste enterprisewithinthe City without a franchise; C. That awarding the franchiseisinaccord with the objectivesof thischapter; D. That granting of such franchise willnot,under the circumstances of the particular case, materiallyaffectadversely the healthor safetyof persons residingor working in the Cityor be materiallydetrimentalto the publicwelfare or injuriousto property or publicimprovements; and
E. That the applicant has sufficientexperience, equipment or recyclingplan to safely comply with the requirements of the franchiseagreement.
4. Section 12.63.150 (Exclusions) of the Newport Beach Municipal Code is amended to read as follows:
A. Gardener’s Exclusion. No provision of this chapter shall prevent a gardener, tree trimmer or person providing a similar service from collecting yard waste, as an incidentalportionof providing such gardening, tree trimming or similarservice.
B. Commercial Recycler Exclusion for Source-Separated Recyclables. No provisions of this chapter shall prevent a recycling business from contracting to collectsource- separated recyclables that are donated or sold to that recycling business by a commercial enterprise. “Source-separated recyclables” within the meaning of this subsection means recyclables which have been separated by a commercial business on itspremises from solid waste for the purpose of sale or donation, which have not been mixed with or contain more than incidental or minimal solid waste, and which do not have a negative market value inclusiveof collection,transportation,and disposition costs. This exclusion does not apply ifthe material collectedis hauled fora net fee.Any recycling business qualifyingfor the exclusion shall meet all other requirements to operate inthe City,including,but not limitedto,a business license.
C. Back hauler. Self hauler, and Small hauler Exclusion. No provision of this chapter shallapply to a back hauler,selfhauler,or small hauler that meets the strict definition as those terms are defined in Section 12.63.020 (Definitions).Under no circumstances may a back hauler, self hauler,or small hauler collect,transport or dispose of solid waste that has not been generated by them and/or does not legallybelong to them. All solid waste must be handled, diverted and disposed of in a manner compliant with all Federal, State, or local laws related to solid waste handling and disposal.This exclusion shallnot apply to any person that has obtained a buildingpermit and is required to pay the demolition deposit under Section 15.02.085. Any person qualifyingforthisexclusion shallmeet allother applicable requirements to operate inthe City.
D. Capital Improvement Project Exclusion. The provisions of this chapter shall not apply to solid waste handling services on a Federal, County of Orange, State of California,or City capitalimprovement projectprovided that the contractor complies with all Federal, State, and local requirements related to handling and disposal of solid waste.
5.