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HomeMy Public PortalAbout01-1221U URGENCY ORDINANCE NO. 01-1221U AN URGENCY 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 AND DECLARING THE URGENCY THEREOF 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 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 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 Lit is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such tern is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any 12131\0002%39089.1 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." 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 (BMPs)" means activities, practices, facilities, and/or 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 BMPs 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" 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 (as amended). "Commercial Development" means 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. " Discretionary Project" is defined in the same manner as Section 15357 of the Guidelines for Implementation of the California Environmental Quality Act contained in Title 14 of the California Code of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Greater than (>) 9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi-family dwelling units. 12131\0002\639089.1 "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty- five percent(25%) or greater. "Infiltration" means the downward entry of water into the surface of the soil. "New Development" means 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" means any Commercial Development that creates at least one hundred thousand (100,000) square feet of impermeable area, including parking areas. "Parking Lot" means 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" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, 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" means 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. (SIC code 5812). "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils. "Source Control BMP" means 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" means the current 12131\0002\639089.1 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 New Development and Redevelopment or any project specifically identified in Section 58085(a). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMPs may include both Treatment Control BMPs and Source Control BMPs. "Treatment" means 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. "Treatment Control BMP" means 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 projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan which complies with the most recent SUSMP: 1. Single-Family Hillside Residences; 2. Commercial developments in excess of One Hundred Thousand (100,000) Square Feet; 3. Automotive Repair Shops; 4. Restaurants; 5. Retail Gasoline Outlets; 12131\0002\639089.1 6. Greater than (>) 9 unit home subdivisions; 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 BMPs set forth in project plans shall meet the design standards set forth in the SUSMP; provided, however, Restaurants with a developed land area of less than 5,000 square feet and Retail Gasoline Outlets do not have to meet the Structural or Treatment Control BMP design standards set forth in the SUSMP. If a project applicant has included or is required to include Structural or Treatment Control BMPs 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 Discretionary Permits. No Discretionary permit may be issued for any New Development or Redevelopment Project identified in 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 a regarding issuance of waivers. Where a Redevelopment project results in an increase of less than fifty (50%) percent of the impervious surfaces of a previously existing development, and the existing development did not require a SUSMP at the time the last Discretionary approval was granted by the City, the Design Standards set forth in the SUSMP will apply only to the addition, and not to the entire development. (d) Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for New Development or Redevelopment Project identified in paragraph a of this Section, 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 BMPs 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 BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirements. 12131\0002\639089.1 (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 BMPs 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 BMPs. 1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMPs 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 BMPs 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 BMPs at least once a year and retain proof of inspection. 2. For residential properties where the Structural or Treatment Control BMPs 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&Rs). 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 12131\0002\639089.1 shall also be required with any subsequent sale of the property. 3. if Structural or Treatment Control BMPs 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) 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 verification, 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, 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. Ordinance No. 00-1207 is hereby repealed. Section 8. 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 12131\0002\63 9089.1 unconstitutional. Section 9. Declaration of Urgency. This Ordinance is an urgency ordinance for the immediate preservation of the public health, safety and welfare and therefore shall become effective immediately upon its adoption. This Ordinance must be adopted and must become effective immediately in order to ensure compliance with the storm mitigation measures prescribed in the current Standard Urban Storm Water Mitigation Plan (SUSMP), which was developed by the Regional Water Quality Control Board(RWQCB) as part of the municipal storm water program to address storm water pollution from new development and redevelopment by the private sector. The SUSMP contains a list of minimum required Best Management Practices (BMPs) that must be used for a designated project. The Permittees are required to adopt the requirements set forth in the SUSMP through their own ordinances or resolutions. Ordinances must be promulgated by January 15,2001, to give legal effect to the SUSMP requirements no later than February 15, 2001. Failure to comply with that deadline could jeopardize the City's permit to operate the storm drains that serve the City and protect property in the City from flooding. Accordingly, it is necessary for the protection of the public health, safety and welfare that this Ordinance go into immediate effect. PASSED, APPROVED and ADOPTED this 23rd day of January , 2001. ATTEST: CITY CLERK ,�/ MAYOR PRO TEM APPROVED AS TO FORM: CITY ATTORNEY 12131\0002\639089.1 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. 01-1221U was duly and regularly adopted by the City Council of said City on an urgency basis at an adjourned regular meeting of said Council, duly and regularly held on the 23rd day of January, 2001, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Calas, Sweeney, Frank and Ontal NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Fajardo J CL'L , City Clerk, City of Carson, California