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Home My WebLink About2002-07-17 - ORDINANCES - SUSMP MITIGATION PLAN (2)ORDINANCE NO. 02-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, IMPLEMENTING THE STANDARD URBAN STORM WATER MITIGATION PLAN OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS ANGELES REGION BY AMENDING CHAPTER 90 OF TITLE 17 OF THE SANTA CLARITA MUNICIPAL CODE BY REPLACING IT IN ITS ENTIRETY WITH NEW CHAPTER 90, "STANDARD URBAN STORM WATER 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 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, 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 NPDBS permits shall require controls to reduce the discharge of Pollutants to the maximum extent practicable, including management practices and such other provisions as may be 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 Il Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations ("CFR"), 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 and the California Water SD#7562 v3 -1- 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 "1996 Permit"), on July 15, 1996 to each City in Los An- geles County, including the City of Santa Clarita; and WHEREAS, pursuant to the 1996 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 Il Storm Water Regulations 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 Stone Water And Urban Runoff Management Programs in Los Angeles County setting forth the requirements to be implemented by all jurisdictions discharging storm water un- der the 1996 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 1996 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- ect proponents who receive waivers, and extended the effective date deadline to February 15, 2001; and WHEREAS, in partial implementation of § 402(p) of the federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I and Phase 11 Storm Water Regulations and the Cali- fornia Water Code, the California Regional Water Quality Control Board _ Los Angeles ("RWQCB-LA') issued "ORDER NO. 01-182 NPDES PERMIT NO CAS004001 WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY.OF LOS ANGELES AND THE INCORPORATED CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH" (the 112001 Permit") on December 13, 2001, to cities in Los Angeles County, including the City of Santa Clarita; and WHEREAS, the 2001 Permit revised the SUSMPS to again revise the definition of "Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline Out- lets, to restore the applicability of the SUSMP to "Environmentally Sensitive Areas," to delete the limitation of the applicability of the SUSMPs to discretionary development and SD#7562 v3 -2- redevelopment and apply the SUSMPS to all project approvals in specified categories, and extended the effective date deadline to September 2, 2002; and WHEREAS, this City is a permittee under the 2001 Permit and therefore is re- quired by federal and state law to implement all requirements of the 2001 Permit, in- cluding the SUSMP, as amended by the 2001 Permit, 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: Title 17 of the Santa Clarita Municipal Code is amended by replacing Chapter 90 with a new Chapter 90, "STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTATION," to take effect on September 2, 2002, and to read in its entirety as follows: "CHAPTER 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 (BMP) 17.90.070 CONTROL OF EROSION OF SLOPES AND CHANNELS 17.90.080 SIGNAGE AT 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 so»7562~3 -3- 17,90.170 RETAIL GASOLINE OUTLETS 17.90.180 PARKING LOTS 17.90.190 SITE-SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVEL- OPMENT AND REDEVELOPMENT WITH POTENTIAL ADVERSE IMPACTS ON POST -DEVELOPMENT STORM WATER QUALITY 17.90.200 VIOLATIONS 17.90.210 INSPECTIONS 17.90.220 FEES 17.90.230 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, vesting tentative map or Building Code that conforms to the laws of California and the require- ments 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 September 2, 2002, and shall apply to ministerial as well a discretionary approvals of the following 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 Industrial/Commercial Developments; (c) Automotive Service Facilities (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); (d) Retail Gasoline Outlets; (e) Restaurants (SIC code 5812); (f) Home subdivisions of tenor 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. SDK7562 v3 -4- (h) All projects in, Directly Adjacent to or discharging storm water directly to an Environmentally Sensitive Area as defined in this Chapter if the devel- opment would create 2,500 or more square feet of impervious area and would discharge storm water or urban runoff likely to impact a sensitive biological species or habitat. Each of the foregoing shall meet the requirements of this Chapter, the Standard Urban Storm Water Mitigation Plan, as defined below, and the provisions of any applicable mu- nicipal storm water permit issued by the Regional Water Quality Control Board for the Los Angeles Region. § 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 "ORDER NO. 01-182 NPDES PERMIT NO CAS004001 WASTE DISCHARGE RE- QUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DIS- CHARGES WITHIN THE COUNTY OF LOS ANGELES AND THE INCORPO- RATED CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH" (the "2001 Per- mit') if defined therein, and if not, by the STANDARD URBAN STORM WATER MITI- GATION PLAN FOR LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY approved by the Executive Officer 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 Pollutant Discharge Elimination System, Clean Wa- ter Act § 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein. 11100,000 square foot Industrial/Commercial Facility" means "any Develop- ment or Redevelopment of an Industrial/Commercial Facility that creates at least 100,000 square feet of impermeable area, including, but not limited to parking areas. (See "Com- mercial Development" and "Industrial/Commercial Facility" as defined below.) "Automotive Service Facility" means a facility that is in any one of the follow- ing 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. BMPs in- clude structural and nonstructural controls and operation and maintenance procedures which can be applied before, during and after pollution -producing activities. "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). SD#7562 v3 -5- "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(b)(14). "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construction also includes structure demolition. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Development" means any Construction, rehabilitation, redevelopment or recon- struction of any public or private residential project (whether single-family, multi -unit or planned unit development); industrial, commercial, retail and other non-residential proj- ects, including public agency projects; or mass grading for future construction. See Cali- fornia Public Resources Code § 30106. It does not include routine maintenance to main- tain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to protect immediately public health and safety. "Directly Adjacent to an Environmentally Sensitive Area" means any parcel or part of any parcel within 200 feet of the contiguous zone required for continued main- tenance, function, or structural stability of an Environmentally Sensitive Area. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Environmentally Sensitive Area" means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be disturbed or degraded by human activities and developments. See California Public Resources Code § 30107.5. Areas subject to storm water mitigation requirements are: any area designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); any area designated as a Significant Natural Area by the California Department of Fish and Game's Signifi- cant Natural Areas Program, provided that the area has been field verified by the De- partment of Fish and Game; any area listed in a Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use; and any area identified by the City as environmentally sensitive. "Hazardous Materials" means any materials, wastes or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., or the SD#7562 v3 -6- Carpenter -Presley -Tanner Hazardous Substance Account Act, ("HSAA'D, California Health and Safety Code §§ 25300, et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encom- passing definition. "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 and where grading will result in cut or filled slopes. "Industrial/Commercial Facility" means any facility which is the site of the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC). Facility ownership (fed- eral, state, municipal, private) and profit motive of the owner or operator of the facility are not factors in this definition. "New Development" means the subdivision of land, or the construction of struc- tures, 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 stone water. "Redevelopment" means land -disturbing activity that results in the creation, ad- dition, or replacement of 5,000 square feet or more of impervious surface area on an al- ready developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious sur- face area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, not does it include emergency construction activities required to immediately protect public health and safety. "Restaurant" means a facility where prepared food and beverages are sold for consumption, including stationary lunch counters and refreshment stands selling prepared food and beverages for immediate consumption. (See SIC Code 5812). `Restaurant" does not include co -located stalls or food counters in general purpose establishments such as markets and grocery stores. "Retail Gasoline Outlet" means any facility where gasoline and lubricating oils are sold. SDk7562.v3 -7- "Significant Ecological Area (SEA)" means an area that is determined to pos- sess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan or the City's General Plan. Areas are designated as SEAS, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species. 2. Biotic communities, vegetative associations, and habitat of plan and ani- mal species that are either one of a kind, or are restricted in distribution on a regional basis. 3. Biotic communities, vegetative associations, and habitat of plant and ani- mal species that are either one of a kind or are restricted in distribution in Los Angeles County. 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County. 5. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent in unusual variation in a population or community. 6. Areas important as game species habitat or as fisheries. 7. Areas that provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County. 8. Special areas. "Significant Natural Area (SNA)" means an area defined by the California De- partment of Fish and Game (DFG), Significant Natural Areas Program, as an area that contains an important example of California biological diversity. (The most current SNA maps, reports, and descriptions can be downloaded from the DEG website at ftt://mgphost dfa ca gov/out.zoing4Wab/sna/). These areas are identified using the fol- lowing biological criteria only, irrespective of any administrative or jurisdictional consid- erations: 1. Areas supporting extremely rare species or habitats; 2. Areas supporting associations or concentrations of rare species or habitats; and 3. Areas exhibiting the best examples of rare species and habitats in the state. "Source Control Best Management Practice" or "Source Control BMP" means any schedules of activities, prohibitions of practices, 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. See also Structural BMP and Treatment Control BMP, below. "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. SD#7562 v3 -8- "Storm Water Discharge Associated with Industrial Activity" means indus- trial discharge as defined in 40 CFR § 122.26(b)(14). "Structural Best Management Practice" or "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban run- off pollution (e.g., a canopy, structural enclosure). This category may include both Treatment Control BMPs and Source Control BMPs. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the Los Angeles Countywide Standard Urban Storm Water Mitigation Plan" adopted by the Re- gional Water Quality Control Board for the Los Angeles Region by 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 Man- agement Programs in Los Angeles County, as modified by the State Water Resources Control Board in Order WQ 2001-11, and as further modified and reaffirmed by the Cali- fornia Regional Water Quality Control Board for the Los Angeles Region, in ORDER NO. O1-182 NPDES PERMIT NO CAS004001 WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF LOS ANGELES AND THE INCORPORATED CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH" adopted December 13, 2001 (the G 2001 Permit'). "Ten or More Unit Home Subdivision" means any subdivision where at least ten (10) single-family or multi -family dwelling units are to be developed. "Treatment" means the use of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment Control Best Management Practice" or "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 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: sox7562 v3 -9- (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 Plan shall be deemed to be incorporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a "BMP Guidebook" prepared or recommended by the Director of Public Works (the "Director"), categorizing development and Best Management Practices for each category. (b) The Director may from time to time revise the BMP 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 BMP 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 BMP Guidebook 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; (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. SD#7562A -10- §17.90.080. Signage at 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, reasonably may be expected to add pollutants to storm water, shall be isolated from contact with storm water, by: (1), enclosure in a structure; or (2) by a surrounding curb or other containment structure. (b) The storage area must be completely covered: (1) by impermeable paving, or (2) an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding con- tainment structure. §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 placed between collec- tions 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 approval of any New Development or Redevelopment subject to this Chapter, as part of that application, shall agree in writing to maintain any Structural or Treatment Control Best SD#7562v3 -11- Management Practice to be implemented in that development through means such as a covenant running with the land such as covenants, condi- tions and restriction, (commonly known as CC&Rs), CEQA mitigation measures, a Conditional Use Permit, enforceable conditions of approval, or other legal 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 Best Management Practice re- quired to be implemented pursuant to this Chapter in New Development or Redevelop- ment 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 Public Works or Engineering Agency) 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 (2) to treat, by the method recommended in "California Storm Water Best Management Practices Handbook—Industrial/Commercial (1993)," 80% or more volume treatment 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 with less than 5,000 square feet of im- pervious surface area or projected Average Daily Traffic of less than 100 vehicles. (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- SD#7562 v3 -12- dards apply only to the addition, and not to the entire development.. § 17.90.130. Loading Docks In any 100,000 square foot Industrial/Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter the design of any outdoor loading dock area shall: (a) use an overhead covering that prevents the entry of stone water or (b) prevent the entry of storm water by diverting it away and (c) not conduct storm water from any truck well directly into a storm drain system. § 17.90.140. Repair and Maintenance Bays In any 100,000 square foot hidustrial/Commercial Facility or in any Automotive Service Facility, in New Development or Redevelopment subject to this Chapter repair or main- tenance bays 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 the water 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 Each wash area for motor vehicles or equipment in any New Development or Redevel- opment subject to this Chapter shall use: (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 Each Restaurant in any New Development or Redevelopment subject to this Chapter shall include an area for the washing or cleaning of equipment, which: (a) if indoors, shall (1) be self-contained sDa7562 v3 -13- (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 (41/o); (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; (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 Owners and operators of Parking Lots in any New Development or Redevelopment sub- ject to this chapter shall minimize offsite transport of pollutants to the maximum extent practical by using the following BMPs: (a) minimize impervious land coverage; (b) provide effective treatment or infiltration of storm water before it is dis- charged into storm drains; and 0#7562 v3 -14- (c) use operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. § 17.90.190. Site -Specific Mitigation Requirements for New Development and Re- development With Potential Adverse Impacts on Post -Development Storm Water Quality. On and after the effective date of this Chapter, all projects for Development or Redevel- opment not requiring a SUSMP which have the potential to have adverse impacts on post -development storm water flows from the site, shall include the submission of a site- specific plan adequate to mitigate post development storm water quality if the project has any one or more of the following characteristics: (a) a vehicle or equipment fueling area; (b) a vehicle or equipment maintenance area, including washing and repair; (c) any commercial or industrial waste handling or storage area; (d) an area for outdoor handling or storage of Hazardous Materials, as defined in this Chapter; (e) an outdoor manufacturing area; (f) an area where outdoor food handling or processing occurs; (g) an area where outdoor animal care, confinement or slaughter occurs, or (h) an area of outdoor horticultural activity. § 17.90.200. 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. § 17.90.210. Inspections (a) The Director of Public Works and such officers as the Director may desig- nate 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 sD#7562 Q -15- property regulated under this Chapter. § 17.90.220. 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. § 17.90.230. 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 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. SD#7562 v3 -16- 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, APPROVED AND ADOPTED this 17th day of July, 2002. ATTEST: CITY CLERK I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 02-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9`a day of July, 2002. That thereafter, said Ordinance was duly passed and adopted at an adjourned meeting of the City Council on the 17`h day of July, 2002, by the following vote, to wit: AYES: Smyth, Weste, Kellar, Ferry NOES: None ABSENT: McLean IM -1-9-11 1 Lei 0 W&M MM SD#7562 v3 -17-