HomeMy Public PortalAbout00-1207 ORDINANCE NO. 00-1207
AN ORDINANCE OF THE CITY OF CARSON AMENDING THE STORM
WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO
PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING
AND CONSTRUCTION OF NEW DEVELOPMENT AND
REDEVELOPMENT PROJECTS AND AMENDING THE CARSON
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1. Section 5802 (Purpose and Intent) of Chapter 8 (Storm Water and
Urban Runoff Pollution Control) of Article 5 (Sanitation and Health) of the Carson
Municipal Code is hereby amended by adding thereto a new paragraph (d) to read as
follows:
"(d) This Chapter also sets forth requirements for the construction and operation
of certain "Commercial Development", "New Development" and 'Redevelopment'
and other projects (as further defined herein) which are intended to ensure
compliance with the storm water mitigation measures prescribed in the current
version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved
by the Regional Water Quality Control Board-Los Angeles Region, and on file in
the office of the City Clerk of this City. This Chapter authorizes the Authorized
Enforcement Officer to define and adopt applicable Best Management Practices
and other storm water pollution control measures, to grant waivers from SUSMP
requirements, as provided herein, to collect funds from projects which are
granted such waivers, to cite infractions and to impose fines pursuant to this
Chapter. Except as otherwise provided herein, the Authorized Enforcement
Officer shall administer, implement and enforce the provisions of this section."
Section 2. The first (introductory) paragraph of Section 5803 (Definitions) of
Chapter 8 (Storm Water and Urban Runoff Pollution Control) of Article 5 (Sanitation and
Health) of the Carson Municipal Code is hereby amended to read as follows:
"Except as specifically provided herein, any term used in this Chapter shall be
defined as that term is defined in the current Municipal NPDES Permit, or as
defined in the current version of the Standard Urban Storm Water Mitigation Plan
("SUSMP") approved by the Regional Water Quality Control Board-Los Angeles
Region, or if it is not specifically defined in either the Municipal NPDES Permit or
the SUSMP, then as such term is defined in the Federal Clean Water Act, as
amended, and/or the regulations promulgated thereunder. If the definition of any
term contained in this ordinance conflicts with the definition of the same term in
the current version of the SUSMP, then the definition contained in the SUSMP
shall govern. The following words and phrases shall have the following
meanings when used in this Chapter:"
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Section 3. Paragraph (c) of Section 5803 (Definitions) of Chapter 8 (Storm
Water and Urban Runoff Pollution Control) of Article 5 (Sanitation and Health) of the
Carson Municipal Code is hereby amended to read as follows:
""Best Management Practices (BMP's)" shall mean activities, practices, facilities,
andlor procedures that when implemented to their maximum efficiency will
prevent or reduce pollutants in discharges and any program, technology,
process, siting criteria, operational methods or measures, or engineered
systems, which when implemented prevent, control, remove, or reduce pollution.
Examples of BMP's may include public education and outreach, proper planning
of development projects, proper cleaning of catch basin inlets, and proper
sludge- or waste-handling and disposal, among others."
Section 4. Section 5803 (Definitions) of Chapter 8 (Storm Water and Urban
Runoff Pollution Control) of Article 5 (Sanitation and Health) of the Carson Municipal
Code is hereby amended to add the following new definitions in appropriate alphabetical
sequence and to assign corresponding paragraph letters to each such definition:
""Automotive Repair Shop" shall mean a facility that is categorized in any one of
the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541,
7532-7534, or 7536-7539 (as amended).
"Commercial Development" shall mean any development on private land that is
not heavy industrial or residential. The category 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.
"Environmentally Sensitive Area" shall mean an area designated as an "Area of
Special Biological Significance" by the State Water Resources Control Board
(Water Quality Control Plan, Los Angeles Region: Basin Plan for the Coastal
Watersheds of Los Angeles and Ventura Counties (1994) and amendments) or
an area designated as an "Area of Ecological Significance by the County of Los
Angeles" (Los Angeles County Significant Areas Study, Los Angeles County
Department of Regional Planning (1976) and amendments), or an area
designated as a "Significant Natural Area" by the California Resources Agency,
and as defined in the current version of the SUSMP approved by the Regional
Board.
"Greater than (>) 9 unit home subdivision" shall mean any subdivision being
developed for 10 or more single-family or multi-family dwelling units.
°Infiltration" shall mean the downward entry of water into the surface of the soil.
"New Development" shall mean land disturbing activities; structural development,
including construction or installation of a building or structure, creation of
impervious surfaces; and land subdivision.
"One Hundred Thousand (100,000) Square Foot Commercial Development" shall
mean any Commercial Development that creates at least one hundred thousand
(100,000) square feet of impermeable area, including parking areas.
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"Parking Lot" shall mean land area or a facility for the temporary parking or
storage of motor vehicles used personally, for business or for commerce with a
lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or
more parking spaces.
"Redevelopment" shall mean, on an already developed site, the creation or
addition of at least five thousand (5,000) square feet of impervious surfaces or
the creation or addition of fifty (50%) percent or more of impervious surfaces or
the making of improvements to fifty (50%) percent or more of the existing
structure, as such term is defined in the current version of the SUSMP approved
by the Regional Board. Redevelopment includes, but is not limited to the
following activities that meet the minimum standards set forth in this definition:
(1)the expansion of a building footprint or addition or replacement of a structure;
(2) structural development, including an increase in gross floor area and/or
exterior construction or remodeling; (3) replacement of impervious surface that is
not part of a routine maintenance activity and (4) land disturbing activities related
to structural or impervious surfaces.
"Restaurant" shall mean a stand-alone facility that sells prepared foods and
drinks for consumption, including stationary lunch counters and refreshment
stands selling prepared foods and drinks for immediate consumption.
"Retail Gasoline Outlet" shall mean any facility engaged in selling gasoline and
lubricating oils.
"Source Control BMP" shall mean any schedule of activities, prohibition 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.
"Standard Urban Storm Water Mitigation Plan" or"SUSMP" shall mean the
current version of the Standard Urban Storm Water Mitigation Plan approved by
the Regional Board, and on file in the office of the City Clerk of this City, and the
NPDES Permit models that have been approved by the Executive Officer of the
Regional Board for implementation to control storm water pollution from a New
Development and Redevelopment or any project specifically identified in Section
58085(a).
"Storm Event" shall mean a rainfall event that produces more than 0.1 inch of
precipitation and that is separated from the previous storm event by at least 72
hours of dry weather.
"Structural BMP" shall mean any structural facility designed and constructed to
mitigate the adverse impacts of storm water and urban runoff pollution (e.g.
canopy, structural enclosure). Structural BMP's may include both Treatment
Control BMP's and Source Control BMP's.
"Treatment" shall mean the application 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 adsorption, biodegradation,
biological uptake, chemical oxidation and UV radiation.
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IIIIIIIIIIIIIM
"Treatment Control BMP"shall mean any engineered system designed to
remove pollutants by simple gravity settling of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological, or chemical
process. "
Section 5. Section 5809 (Enforcement) and Section 5910 (Taking) of Chapter 8
(Storm Water and Urban Runoff Pollution Control) of Article 5 (Sanitation and Health) of
the Carson Municipal Code are hereby renumbered as Sections 5810 and 5811
respectively and a new Section 5809 is hereby added to read as follows:
"5809. Standard Urban Storm Water Mitigation Plan ("SUSMP")
Requirements for New Development and Redevelopment Projects.
(a) Projects Requiring a SUSMP. The following New Development and
Redevelopment project categories shall require a Storm Water Mitigation Plan
which complies with the most recent SUSMP:
1. Commercial Developments in excess of One Hundred
Thousand (100,000) Square Feet;
2. Automotive Repair Shops;
3. Retail Gasoline Outlets;
4. Restaurants;
5. Greater than 9 unit home subdivisions;
6. Projects located within or directly adjacent to or
discharging directly to an Environmentally Sensitive Area;
and
7. Parking lots of five thousand (5,000) square feet or more or
with twenty-five (25) or more parking spaces and
potentially exposed to storm water runoff.
(b) Incorporation of SUSMP into Project Plans. An applicant for a New
Development or a Redevelopment Project identified in paragraph a of this
Section shall incorporate into the applicant's project plans a Storm Water
Mitigation Plan which includes those Best Management Practices necessary to
control storm water pollution from construction activities and facility operations,
as set forth in the SUSMP applicable to the applicant's project. Structural or
Treatment Control BMP's set forth in project plans shall meet the design
standards set forth in the SUSMP. If a project applicant has included or is
required to include Structural or Treatment Control BMP's in project plans, the
applicant shall provide verification of maintenance provisions. The verification
shall include the applicant's signed statement, as part of its project application,
accepting responsibility for all structural and treatment control BMP maintenance
until such time, if any, the property is transferred.
(c) Issuance of Grading or Building Permits. No building or grading permit
may be issued for any New Development or Redevelopment Project identified in
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paragraph a. of this Section until the Authorized Enforcement Officer confirms
that either (1) the project plans comply with the applicable SUSMP requirements,
or (2) compliance with the applicable SUSMP requirements is impracticable for
one or more of the reasons set forth in paragraph (e) regarding issuance of
waivers.
(d) Issuance of Certificates of Occupancy. As a condition for issuing a
Certificate of Occupancy, the Authorized Enforcement Officer shall require facility
operators and/or owners to build all the storm water pollution control Best
Management Practices and Structural or Treatment Control BMP's that are
shown on the approved project plans and to submit a signed Certification
Statement stating that the site and all Structural or Treatment Control BMP'S will
be maintained in compliance with the SUSMP and other applicable regulatory
requirements.
(e) Granting of Waiver. The Authorized Enforcement Officer shall have the
authority to grant a waiver to a Development or Redevelopment Project from the
requirements of the SUSMP, if impracticability for a specific property can be
established by the project applicant. A waiver of impracticability may be granted
only when all Structural or Treatment Control BMP's have been considered and
rejected as infeasible. Recognized situations of impracticability are limited to the
following, unless approved by the Regional Board:
1. Extreme limitations of space for treatment on a
Redevelopment project;
2. Unfavorable or unstable soil conditions at a site to attempt
infiltration; and
3. Risk of ground water contamination because a known
unconfined aquifer lies beneath the land surface or an
existing or potential underground source of drinking water
is less than ten (10) feet from the soil surface.
(f) Transfer of Properties Subject to Requirement for Maintenance of
Structural and Treatment Control BMP's.
1. The transfer or lease of a property subject to a requirement
for maintenance of Structural and Treatment Control
BMP's shall include conditions requiring the transferee and
its successors and assigns to either (a) assume
responsibility for maintenance of any existing Structural or
Treatment Control BMP or (b) to replace an existing
Structural or Treatment Control BMP with new control
measures or BMP's meeting the then current standards of
the City and the SUSMP. Such requirement shall be
included in any sale or lease agreement or deed for such
property. The condition of transfer shall include a provision
that the successor property owner or lessee conduct
maintenance inspections of all Structural or Treatment
Control BMP's at least once a year and retain proof of
inspection.
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2. For residential properties where the Structural or
Treatment Control BMP's are located within a common
area which will be maintained by a homeowner's
association, language regarding the responsibility for
maintenance shall be included in the project's conditions,
covenants and restrictions (CC&R's). Printed educational
materials will be required to accompany the first deed
transfer to highlight the existence of the requirement and to
provide information on what storm water management
facilities are present, signs that maintenance is needed,
and how the necessary maintenance can be performed.
The transfer of this information shall also be required with
any subsequent sale of the property.
3. If Structural or Treatment Control BMP's are located within
an area proposed for dedication to a public agency, they
will be the responsibility of the developer until the
dedication is accepted.
(g) Storm Water Abatement Fund. The Authorized Enforcement Officer shall
collect from the project applicant that has been granted a waiver an amount
equaling the cost in savings from such waiver, as determined by the Authorized
Enforcement Officer in accordance with the latest version of the SUSMP. Such
collected funds shall be deposited in the Storm Water Pollution Abatement Fund,
once established, to be used to promote regional or alternative solutions for
storm water pollution prevention.
(h) CEQA. Provisions of this section shall be complimentary to, and shall not
replace, any applicable requirements for storm water mitigation required under
the California Environmental Quality Act."
Section 6. Subparagraph (1) of paragraph (a) of Section 5810 (Enforcement
(formerly Section 5809)) of Chapter 8 (Storm Water and Urban Runoff Pollution Control)
of Article 5 (Sanitation and Health) of the Carson Municipal Code is hereby amended to
read as follows:
"1. Any condition caused or permitted to exist in violation of
a. Any of the provisions of this Chapter; or
b. Any failure to comply with any applicable requirement of
either the SUSMP or an approved Storm Water Mitigation
Plan with respect to a property; or
C. Any false certification or verifications or any failure to
comply with a certification or verification provided by a
project applicant or the applicant's successor in interest; or
d. Any failure to properly operate and maintain any Structural
or Treatment Control BMP on a property in accordance
with an approved Storm Water Mitigation Plan or the
SUSMP,
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is hereby determined to be a threat to the public health, safety and
welfare, is declared and deemed a public nuisance, and may be abated
or restored by any Authorized Enforcement Officer, and a civil or criminal
action to abate, enjoin or otherwise compel the cessation of such
nuisance may be brought by the City Prosecutor."
Section 7. If any section, subsection, sentence, clause, portion, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, portions, or phrases of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, portion, or phrase without
regard to whether any other section, subsection, sentence, clause, portion, or phrase of
the Ordinance would be subsequently declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this 6th day of September , 2000.
ATTEST:
i
CITY ULERK MAY R
APPROVED AS TO FORM:
_Z r -Z% G
CITY ATTORNEY
CITY OF CARSON
C1308/0001/621467-1 -7- ORDINANCE NO. 00 - 1207
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I. Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing ordinance, being
Ordinance No. 00-1207, passed first reading on August 24, 2000 was duly and regularly adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 5th day of
September, 2000, and that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Sweeney, and Ontal
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Frank
City Clerk, City of Carson, Calif is
CITY OF CARSON
8- ORDINANCE NO. 00-1207