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Home My WebLink About1999-01-19; City Council; NS-468; CMC 15.12 amends - Storm water mgmt & discharge control...ORDINANCE NO. NS-466 8 9 10 11 12 13 14 15 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING VARIOUS SECTIONS OF THE STORM WATER MANAGEMENT AND DISCHARGE CONTROL ORDINANCE (CHAPTER 15.12) OF THE CARLSBAD MUNICIPAL CODE TO ACCEPT THE SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION CASE NAME: STORM WATER ORDINANCE CASE NO: LCPA 96-09 (A) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 1512.020 subsection D of the Carlsbad Municipal Code is amended to read as follows: “D. “California Ocean Plan” means the California Ocean Plan:. Water Quality Control Plan for Ocean Waters of California adopted by the State Water Resources Control Board effective July 23, 1997 and any subsequent amendments.” SECTION 2: That Section 1512.020 subsection G.4 of the Carlsbad Municipal Code is amended to read as follows: “4. A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, including lot splits, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use;” 17 SECTION 3: That Section 1512.020 subsection K of the Carlsbad Municipal ,s Code is amended to read as follows: “K. “Hazardous Materials” shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause, or substantially contribute to, substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.” 19 20 21 SECTION 4: That Section 15.12.050 subsection A of the Carlsbad Municipal Code is amended to read as follows: “A. The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations. Proof of compliance with said permit may be required in a form acceptable to the City of Carlsbad prior to or as a condition of a subdivision map, site plan, building permit, or development improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.” II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: That Section 15.12.050 subsection B of the Carlsbad Municipal Code is amended to read as follows: “B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed as required by the Clean Water Act: water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)] to storm water conveyance systems; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensation; irrigation water springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and street wash water.” SECTION 6: That section 15.12.090 of the Carlsbad Municipal Code is amended to read as follows: “15.12.090 Every person owning property through which a watercourse passes, and such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris excessive vegetation, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion; and shall be responsible for maintaining that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the Enforcement Official, and the appropriate State or Federal agencies, if applicable: A. Discharge pollutants into or connect any pipe or channel to a watercourse; B. Modify the natural flow of water in a watercourse; C. Carry out developments within thirty feet of the center line of any watercourse or twenty feet of the edge of a watercourse, whichever is the greater distance; D. Deposit in, plant in, or remove any material from a watercourse including its banks except as required for necessary maintenance; E. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or F. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm waters passing through such a watercourse. G. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game Stream Alteration Permit process.” SECTION 7: That Section 1512.190 of the Carlsbad Municipal Code is amended to read as follows: I Remedies set forth in this Chapter are not exclusive but are cumulative to all other civil and criminal penalties provided by law, including, but not limited to, penalty provisions of the Federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The Porter-Cologne Water Quality Control Act is California Water Code Section 13000 et seq., and any future amendments. The seeking of such federal and/or state remedies shall not preclude the simultaneous commencement of proceedings pursuant to this Chapter.” EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation 8 in the City of Carlsbad within fifteen (15) days after its adoption. 9 IO INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 11 12th day of January , 1999, and thereafter, 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 13 Council held on the 19th .day of January , 1999 by the following vote, to wit: 14 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin 15 NOES: None 16 17 18 19 ATTEST: 20 23 221’ 23 ALETHA L. RAUTENKR‘ANZ, City Clerk 24 25 26 27 28 (SEAL)