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Home My WebLink About2001-01-09 - ORDINANCES - STORMWATER MITIGATION PLAN (2)7 ORDINANCE NO. 01-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, IMPLEMENTING THE STANDARD URBAN STORMWATER MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS ANGELES REGION BY AMENDING THE SANTA CLARITA MUNICIPAL CODE TO REPEAL EXISTING CHAPTER 17.90 AND TO ADD NEW DIVISION 4: "STANDARD URBAN STORMWATER MITIGATION PLAN," CHAPTER 17.90, "STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION" WHEREAS, The 1972 amendments to the Federal Water Pollution Control Act (referred to as the Clean Water Act or "CWA"), 33 U.S.C. §§ 1251-1387, prohibit the discharge of any Pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES") required by CWA § 402,33 U.S.C. §§ 1342; and WHEREAS, Municipal separate storm sewer systems ("MS4") which convey urban runoff, including, but not limited to Storm Water runoff, are within the definition of point sources under the CWA; and WHEREAS, Pursuant to the CWA, the United States Environmental Protection Agency ("US EPA") has defined the term "Municipal separate storm sewer system" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting Storm Water, and WHEREAS, The US EPA, under the National Urban Runoff Program ("NURP") has funded and guided studies of water quality from MS4s which drain residential, commercial and light industrial sites; and WHEREAS, NURP and other studies (cited at, among other places, 55 Fed -Reg. 47900) demonstrate the presence of Pollutants in urban runoff discharged to receiving waters through MS4 systems; and WHEREAS, CWA § 402(p) requires that the City obtain a permit for Storm Water and urban discharges through the City's MS4; and WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall inquire controls to reduce the discharge)(3)(B) of Pollutants to the maximum extent LA a5n88 V4 -1_ practicable, including management practices and such other provisions as appropriate for the control of Pollutants; and WHEREAS, the US EPA, in partial implementation of § 402(p) of the federal Clean Water Act, 33 U.S.C. § 1344(p); has adopted final rules, known as the "Phase I and Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of the Code of Federal Regulations ("CFR"), and WHEREAS, the State Water Resources Control Board ("SWRCB") has devel- oped a plan to implement the requirements of section 402(p), § 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 ("CZARA") and certain parts of the California Water Code, and WHEREAS, in partial implementation of § 402(p) of the federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I Storm Water Regulations, the requirements of sec- tion 402(p), § 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 and the California Water Code, the California Regional Regional Water Quality Control Board — Los Angeles ("RWQCB-LA") issued a National Pollutant Discharge Elimination System ("NPDES") permit and Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, Regional Board Order No. 96-054, NPDES No. CAS614001 (the "Permit"), on July 15, 1996 to each City in Los Angeles County, including the City of Santa Clarita; and WHEREAS, pursuant to the Permit, and in partial implementation of § 402(p) of the federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I and Phase II Storm Water Regulations, the requirements of section 402(p), § 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 and the California Water Code, the RWQCB-LA Board adopted Resolution No. R-00-02, approving and directing the Executive Officer of the RWQCB-LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And Urban Runoff Management Programs in Los Angeles County ("SUSMP") setting forth the requirements to be implemented by all jurisdictions dis- charging storm water under the Permit, and WHEREAS, on March 8, 2000, the Executive Officer of the RWQCB-LA issued a Final Approved STANDARD URBAN STORM WATER MITIGATION PLAN FOR LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY (the "SUSMP") setting forth the requirements to be implemented by all jurisdictions dis- charging storm water under the Permit, and WHEREAS, the State Water Resources Control Board, in Order WQ 2000-11, modified the SUSMP by revising the definition of "Redevelopment," excluding Retail Gasoline Outlets from certain design standards, deleting the applicability of the SUSMP to "Environmentally Sensitive Areas," limiting the applicability of the SUSMPs to dis- cretionary development and redevelopment in specified categories, limiting the applica- bility of the SUSMP to Redevelopment projects only if they result in creation or addition of 5,000 square feet of impervious surfaces, deleting the requirement for funding by proj- LA #52788 v4 -2- ect proponents who receive waivers, and extended the effective date deadline to February 15, 2001; and WHEREAS, this City is a permittee under the Permit and therefore is required by federal and state law to implement all requirements of the Permit, including the SUSMP, and WHEREAS, this City has authority under Article 11, section 7 of the California Constitution to adopt ordinances needed to implement these requirements, and WHEREAS, this City also has authority under the California Water Code to adopt and enforce ordinances conditioning, restricting, and limiting activities that might degrade the quality of the waters of the State of California, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA HEREBY ORDAINS THAT: SECTION 1. The Santa Clarita City Council hereby finds, determines and declares as follows: Existing Chapter 17.90 is hereby repealed, ,STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTATION," to take effect on February 15, 2001 is hereby added to read in its entirety as follows: "CHAPTER 17.90 STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTA. TION Sections: 17.90.010 LIMITS OF CHAPTER 17.90.020 SCOPE OF CHAPTER 17.90.030 DEFINITIONS 17.90.040 RATE OF DISCHARGE 17.90.050 SUBDIVISION DESIGN 17.90.060 BEST MANAGEMENT PRACTICES 17.90.070 CONTROL OF EROSION OF SLOPES AND CHANNELS 17.90.080 SIGNAGE OF STORM DRAINS 17.90.090 OUTDOOR STORAGE OF MATERIALS 17.90.100 OUTDOOR TRASH STORAGE AREAS 17.90.110 MAINTENANCE OF BEST MANAGEMENT PRACTICES 17.90.120 DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES 17.90.130 LOADING DOCKS 17.90.140 REPAIR AND MAINTENANCE BAYS 17.90.150 WASH AREAS 17.90.160 RESTAURANTS 17.90.170 RETAIL GASOLINE OUTLETS u x52798.4 _3_ 17.90.190 PARKING LOTS 17.90.200 INSPECTIONS 17.90.210 FEES 17.90.220 WAIVER § 17.90.010. Limits of Chapter Nothing in this Chapter shall be interpreted to: (a) infringe any right or power guaranteed by the California Constitution, in- cluding any vested property right; or (b) require any action inconsistent with any applicable and lawfully adopted General Plan, Specific Plan, Plan Amendment, or Building Code that con- forms to the laws of California and the requirements of this Chapter; or (c) restrict otherwise lawful land use except as authorized by the laws of Cali- fornia, subject to the limitations of this Chapter. § 17.90.020. Scope of Chapter This Chapter shall take effect on February 15, 2001 and shall apply only to'approval of discretionary (within the meaning of the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. New Development or Redevelopment projects (as those terms are defined in this Chapter): (a) single-family residences on graded Hillside sites; (b) 100,000 square foot Commercial Developments; (c) Automotive Repair Shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536- 7539); (d) Retail Gasoline Outlets; (e) Restaurants (SIC code 5812); (f) Home subdivisions of ten or more dwelling units; (g) Parking Lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to storm water runoff, as defined in this Chapter. § 17.90.030. Definitions For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this Chapter shall have the meanings ascribed by the "STANDARD URBAN STORM WATER MITIGATION PLAN FOR LOS ANGELES LA 052788 v4 A- COUNTY AND CITIES IN LOS ANGELES COUNTY" approved by the Executive Offi- cer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, if defined therein, and if not, by the regulations implementing the National Pollut- ant Discharge Elimination System, Clean Water Act § 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board - Los Angeles, as such permits may be amended from time to time. "100,000 square foot Commercial Development" means "any Commercial De- velopment that creates at least 100,000 square feet of impermeable area, including, but not limited to parking areas. (See "Commercial Development" as defined below.) "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534 or 7536-7539. `Best Management Practice" ("BMP") means "any schedule of activities, pro- hibition of practices, maintenance procedure, program, technology, process, siting crite- ria, operational methods of measures, or other management practices or engineered sys- tems, which when implemented prevent, control, remove, or reduce pollution. "Commercial Development" means any development on private land that is not residential or a site of an industrial activity, as defined in 40 C.F.R. § 122.26(b)(14). "Commercial Development" includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi -apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C.F.R. § 122.26(6)(14) "Directly Connected Impervious Area" ("DCIA") means a land area made im- permeable to water from which runoff may enter a storm drainage system without fust flowing across a permeable land area. "Greater Than Nine Unit Home Subdivision" means any subdivision where at least ten (10) single-family or multi -family dwelling units are to be developed. "Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty-five per cent (25%) or greater. "New Development" means the subdivision of land, or the construction of structures, or other impervious surfaces, or both. "Parking Lot" means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains 5,000 square feet, or more, or twenty-five (25) or more parking spaces, and which is exposed to storm LA x52788 V4 5_ water. "Redevelopment" means, on an already developed site, the creation or addition of at least 5,000 square feet of impervious surfaces. Redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construc- tion or remodeling; replacement of impervious surface that is not part of a routine main- tenance activity; and land disturbing activities related with structural or impervious sur- faces. Where redevelopment results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the Design Standards apply only to the addition, and not to the entire development. "Restaurant" means a stand-alone facility where prepared food and drinks are sold for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption. (See SIC Code 5812). "Restau- rant" does not include co -located stalls or food counters in general purpose establish- ments such as markets and grocery stores. "Retail Gasoline Outlet" means any facility where gasoline and lubricating oils are sold. "Source Control BMP" means any schedules of activities, prohibitions of prac- tices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Storm Event" means a rainfall event that produces more than 0.1 inch of pre- cipitation separated from the previous storm event by at least 72 hours of dry weather. "Structural Control BMP" means any structural facility designed and con- structed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, struc- tural enclosure). This category may include both Treatment Control BWs and Source Control BWs. "Treatment" means the use of physical, chemical, or biological processes to re- move pollutants. Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radia- tion. "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity setting of particulate .pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. § 17.90.040. Rate of Discharge No New Development shall increase the peak rate of discharge of storm water from the IA #52788 v4 -6- developed site if this increase would make downstream erosion more probable. § 17.90.050. Subdivision Design Unless inconsistent with vested rights, the site design for all subdivisions subject to this Chapter, to the maximum extent practicable, shall: (a) Concentrate or cluster New Development on portions of the site while leaving the remaining land in a natural undisturbed condition; (b) Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection; (c) preserve riparian areas and wetlands. § 17.90.060. Best Management Practices (BMP) (a) On the date this Chapter takes effect, those Best Management Practices which are listed in Tables 1 and 2 of the "STANDARD URBAN STORM WATER MITIGATION PLANT FOR LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY" approved by the Executive Offi- cer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Re- sources Control Board in Order WQ 2000-11 shall be deemed to be in- corporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a guidebook prepared or recommended by the City Engineer, categorizing development and Best Management Practices for each category. category. (b) The City Engineer may from time to time revise the guidebook, and the City Council may adopt these revisions by resolution. . (c) No Best Management Practice other than a Structural or Treatment Con- trol Best Management Practice shall be used in any development regulated under this Chapter, unless the guidebook recommends that practice. (d) No Structural or Treatment Control Best Management Practice may be used in any development regulated under this Chapter unless the guide- book recommends that practice. § 17.90.070. Control of Erosion of Slopes and Channels Best Management Practices used on slopes or channels in New Development or Redevel- opment subject to this Chapter shall: (a) convey runoff from tops of slopes; u+nnss.a -7- (b) eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable; (c) stabilize soil at permanent channel crossings; (d) vegetate slopes with native or drought tolerant species known to control erosion; and (e) dissipate concentrated flows before they enter unlined channels. § 17.90.080. Signage of Storm Drains In the project area of New Development or Redevelopment subject to'this Chapter, a no- tice that dumping in storm drains and catch basins is illegal shall be: (a) stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area; (b) posted at all known public accesses to natural or artificial drainage Chan- nels within the project area; and (c) maintained to preserve the sign. § 17.90.090. Outdoor Storage of Materials (a) All materials stored outdoors in New Development or Redevelopment subject to this Chapter which, if exposed to storm water, may reasonably be expected to add pollutants to it, shall be thoroughly isolated from con- tact: (1) with storm water, by enclosure in a structure; or (2) with storm water, by a surrounding curb or other containment structure. (b) The storage area must be completely covered: _(1) by impermeable paving and (2) any structure by an overhead covering that adequately diverts pre- cipitation away from the ground between the material and the sur- rounding containment structure. LA 852788 v4 -8- § 17.90.100. Outdoor Trash Storage Areas Except where they serve only single-family residences, solid waste containers in New Development or Redevelopment subject to this Chapter shall be stored in areas that: (a) are isolated from contact with storm water originating outside the storage area and (b) are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection. § 17.90.110. Maintenance of Best Management Practices (a) Every person applying to the City for discretionary approval of any New Development or Redevelopment subject to this Chapter, as part of that ap- plication, in a signed writing, shall agree to maintain any Structural or Treatment Control Best Management Practice to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restriction, commonly known as CC&Rs), CEQA mitigation measures, Conditional Use Permit or other le- gal agreement (collectively "Agreement"). (b) The Agreement described in subsection (a) of this section shall remain in force until ownership of the developed property has been entirely trans- ferred, and upon transfer, shall be binding on the new owner(s). § 17.90.120. Design Standards for Best Management Practices Except as this Chapter may specifically exempt, every Structural or Treatment Control Best Management Practice implemented pursuant to this Chapter in New Development or Redevelopment subject to this Chapter, for the area contributing to that practice: (a) shall be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the (City Engineer) may establish; (b) shall be adequate (1) for the volume of storm water that, as determined by the formula recommended in "ASCE Manual of Practice No.87 (1998);' may be collected from the contributing area during a 24-hour period in which the total storm water runoff exceeds 85% of all runoff vol- umes that have been measured for 24-hour periods for that same area; or r (2) to treat, by the method recommended in "California Storm Water Best Management Practices Handbook—Industrial/Commercial t (1993)," and as determined there, 80% or more volume treatment LA #5Z788 v4 -9- of the annual volume of storm water runoff from the contributing area or (3) for the volume of storm water runoff from the contributing area produced by a storm event of 0.75 inches. (c) Subsection (b) of this section shall not apply to any land area of less than 5,000 square feet being developed or redeveloped for use by any Restau- rant, or any Retail Gasoline Outlet. (d) Where redevelopment results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the Design Stan- dards apply only to the addition, and not to the entire development. § 17.90.130. Loading Docks In any 100,000 square foot Commercial Development or in any Automotive Repair Shop, the design of any outdoor loading dock area in New Development or Redevelopment subject to this Chapter shall: (a) use an overhead covering that prevents the entry of storm water or (b) prevent the entry of storm water by diverting it away and (c) not conduct stone water from any truck well directly into a storm drain system. § 17.90.140. Repair and Maintenance Bays In any 100,000 square foot Commercial Development or in any Automotive Repair Shop, in New Development or Redevelopment subject to this Chapter the design of any repair or maintenance bay shall: (a) prevent the entry of storm water by diverting it away or by locating such bays indoors and (b) use a,drainage system that collects all water from washing and from leaks or spills and stores it in a sump for disposal and (c) does not conduct storm water from the bay directly to a storm drain sys- tem. § 17.90.150. Wash Areas The design of any wash area for motor vehicles or equipment in New Development or Redevelopment subject to this Chapter shall use: LA s52788 v4 -10- (a) an adequate overhead covering and (b) a device that clarifies or otherwise pretreats all wash water and (c) a drain conducting all treated wash water to a sanitary sewer. § 17.90.160. Restaurants The design of any Restaurant subject to this Chapter shall include an area for the washing or cleaning of equipment, which: (a) if indoors, shall (1) be self-contained (2) use a grease trap and (3) use a drain conducting all waste water to a sanitary sewer; and (b) if outdoors, shall (1) use an overhead covering adequate to prevent contact with storm water; (2) be covered with impermeable paving; (3) be surrounded by a curb or other containment; and (4) use a drain conducting all waste water to a sanitary sewer. § 17.90.170. Retail Gasoline Outlets All fuel dispensing areas in any Retail Gasoline Outlet subject to this Chapter shall: (a) be covered by a structure that (1) extends outward at least as far as the grade break at all points and (2) diverts all storm water away from the fueling area. (b) be paved with a material, other than asphaltic concrete, that is imperme- able to water and has a smooth surface with a slope of not less than two per cent (2%) but not more than four per cent (4%); (c) be separated from the rest of the site by a grade break that, to the maxi- mum extent practical, prevents storm water from entering the fueling area; IA 052788 v4 -11- (d) extend outward at least six and one-half feet (6.5') from the outermost comer of any fuel dispenser, or a distance one foot (1') greater than the combined length of the dispensing hose and nozzle, whichever distance is less; § 17.90.180. Parking Lots To the maximum extent practical, all Parking Lots subject to this chapter shall minimize offsite transport of pollutants by using the following design criteria and BMPs: (a) minimizing impervious land coverage; (b) providing for effective treatment or infiltration of storm water before it is discharged into storm drains; and (c) Use of operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. § 17.90.190. Violations (a) Violation of any provision of this Chapter shall be both a misdemeanor and a public nuisance. (b) The remedies specified in this Chapter shall not exclude any other legal remedy that may be available to the City. § 17.90.200. Inspections (a) The City Engineer and such officers as the City Engineer may designate shall enforce the provisions of this Chapter. (b) As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this Chapter. § 17.90.210. Fees The City Council may establish and fix the amount of fees for services provided un- der this Chapter, as authorized under sections 66016 and 66018 of the California Government Code. § 1790.220. Waiver (a) Any person required under this Chapter to implement a Structural or Treatment Control Best Management Practice may petition to the City Council to waive that requirement as impractical, provided the petitioner ,has in good faith considered and rejected as not feasible all such practices LA #52788 v4 -12- available. (b) The City Council may waive a Structural or Treatment Control Best Man- agement Practice as impractical if: (1) inadequate space for treatment exists on a redevelopment project or (2) soil conditions strongly disfavor the use of infiltration or (3) the natural land surface where the BMP would be located lies: (A) above a known unconfined aquifer or (B) less than ten (10) feet above an existing or potential source of drinking water. (c) Any petition for waiver not falling within the foregoing categories shall be forwarded to the Regional Board for consideration." SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decision shall not af- fect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivi- sion, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 91° day of January, 2001. LA BENE WESTE, MAYOR ATTEST: SHARON DAWSON, CMC, CITY CLERK LA #52788 w -13- I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby cer- tify that the foregoing Ordinance No. 01-2 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12' day of December, 2000. That thereafter, said Ordinance was duly passed and adopted at regular meeting of the City Council on the a day of January, 2001 by the following vote, to wit: AYES: COUNCILN EMBERS: Smyth, Darcy, Kellar, Ferry, Waste NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None SHARON DAWSON, CMC, CITY CLERK LA #52788 v4 -14-