HomeMy WebLinkAbout2008-04-01; City Council; NS-879; Amending the Municipal Code...1 EXHIBIT 2
ORDINANCE NO. NS-879
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, AMENDING TITLE 15 OF THE CARLSBAD MUNICIPAL CODE
CONSOLIDATING THE DEFINITION OF TERMS USED IN VARIOUS
4 CHAPTERS, ELIMINATING DUPLICATE DEFINITIONS, CLARIFYING
EXISTING TERMS AND ADDING NEW TERMS TO COMPLY WITH THE
5 NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED
SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL
6 PERMIT (ORDER NO. 2007-0001).
7 The City Council of the City of Carlsbad, California, hereby ordains as follows:
8 SECTION 1: That Title 15 of the Carlsbad Municipal Code is amended by the repeal of
9 Chapter 15.04 and the adoption of new Chapter 15.04 to read as follows:
10 15.04.010 Title.
11 This title shall be known as the Grading and Drainage Ordinances.
12 15.04.020 Definitions.
13 For the purpose of this title, the following words, terms or phrases shall be construed as defined in
14 this section:
15 A. "Basin Plan" means the Water Quality Control Plan for the San Diego Region (July 1975) and
16 approved by the State Water Resources Control Board, together with subsequent
17 amendments.
18 B. "Best management practices (BMP)" means schedules of activities, prohibitions of practices,
19 general good housekeeping practices, pollution prevention and educational practices,
20 employee training programs, maintenance procedures, and other management practices to
21 prevent or reduce to the maximum extent practicable the discharge of pollutants directly or
22 indirectly to storm water conveyance system and/or receiving waters. Best management
23 practices also include treatment requirements, operating procedures, and practices to control
24 site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials
25 storage, Best management practices also include the use of structural treatment controls
26 designed to remove pollutants from storm water runoff.
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1 C. "Building permit" means a permit required by and issued pursuant to Chapter 18.04 of this
2 code.
3 D. "Building footprint" means the gross floor area of a structure measured at the ground level
4 elevation within the confines of the exterior wall surfaces.
5 E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared pursuant
6 to the General Industrial Activity Permit or pursuant to Chapter 15.12.080 of this code for the
7 purpose of 1) identifying and evaluating sources of pollutants associated with business
8 activities that may affect the quality of storm water discharges and authorized non-storm
9 water discharges from a facility; and 2) Identifying and implementing site-specific best
10 management practices to reduce or prevent pollutants associated with business activities in
11 storm water discharges and authorized non-storm water discharges from a facility.
12 F. "California Ocean Plan" means the California Ocean Plan: Water Quality Control Plan for
13 Ocean Waters of California adopted by the State Water Resources Control Board effective
14 February 14, 2006, and any subsequent amendment, revision or re-issuance thereof.
15 G. "City Standards" means the standards used for the design and construction of public and
16 private improvements in Carlsbad, including grading improvements and storm water best
'' management practices, as contained in the latest edition of the "City of Carlsbad City
1R Standards" as promulgated by the city engineer.
1Q H. "Construction SWPPP" means a storm water pollution prevention plan prepared pursuant to
20 the General Construction Permit, Chapters 11.16.090, 15.12.080, 15.16.085 and 18.48.040 of
21 this code and, City Standards for the purpose of 1) identifying and evaluating sources of
22 pollutants associated with construction activities that may affect the quality of storm water
23 discharges and authorized non-storm water discharges from a construction site; and 2)
24 identifying and implementing site-specific best management practices to reduce or prevent
25 pollutants associated with construction activities in storm water discharges and authorized
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non-storm water discharges from a construction site.
27 I. "Development" means:
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1 1. The placement or erection of any solid material or structure on land, in water, or under
2 water;
3 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
4 thermal waste;
5 3. The grading, removing, dredging, mining, or extraction of any materials;
6 4. A change in the density or intensity of the use of land, including, but not limited to, a
7 subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et
8 seq.) and any other division of land, including lot splits, except where the division of land
9 is brought about in connection with the purchase of such land by a public agency for
10 public recreational use;
11 5. A change in the intensity of the use of water, or of access to water.
12 6. The construction, reconstruction, demolition, or alteration of the size of any structure,
13 including any facility of any private, public, or municipal entity; and,
14 7. The removal or harvesting of major vegetation other than for agricultural purposes. As
15 used in this definition, "structure" includes, but is not limited to, any building, road, pipe,
16 flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
'' distribution line. (Source: Government Code Section 65927).
1ft J. "Development permit" means any permit approval or entitlement issued pursuant to Titles 11,
1QIa 15,18, 20 or 21 of this code
20 K. "Development project" means any new development or redevelopment with land disturbing
21 activities, structural development, including construction or installation of a building or
22 structure, the creation of impervious surfaces, public agency projects and, land subdivision.
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L. "Drainage master plan" means the report entitled Master Drainage and Storm Water Quality
24 Management Plan, dated March 1994, and any supplements, revision or modification thereto
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as may be approved by city council resolution.
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M. "General Construction Permit" means NPDES General Permit for Storm Water Discharges
27 Associated with Construction Activity (Water Quality Order No. 99-08-DWQ, NPDES No.
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CAS000002) issued by the State Water Resources Control Board, and any amendment,
revision or re-issuance thereof. The General Construction Permit establishes a framework for
regulating the discharge of storm water runoff from construction activities as specified in the
permit.
N. "General Industrial Activity Permit" means NPDES General Permit for Storm Water
Discharges Associated with Industrial Activities (Order No. 97-03-DWQ, NPDES No. CAS
000001) issued by the State Water Resources Control Board, and any amendment, revision
or re-issuance thereof. The General Industrial Activity Permit establishes a framework for
regulating the discharge of storm water runoff from certain industrial activities as specified in
the permit.
O. "General Linear Utility Permit" means NPDES General Permit for Storm Water Discharges
Associated with Construction Activity from Small Linear Underground/Overhead Projects,
Water Quality Order No. 2003-0007 issued by the State Water Resources Control Board, and
any amendment, revision or re-issuance thereof. The General Linear Utility Permit
establishes a framework for regulating the discharge of storm water runoff from small linear
16 underground or overhead utility projects as specified in the permit.
17 D "Illicit connection" means any physical connection (pipe, facility, or other device) to the storm
water conveyance system permitted or unpermitted by the City of Carlsbad, which drains
1Q illegal discharges either directly or indirectly into a storm water conveyance system.
20 Q. "Jurisdictional Urban Runoff Mitigation Plan (JURMP)" means a plan, prepared pursuant to
21 Municipal Permit, to:
22 1. Ensure that discharges from municipal separate storm water sewer system do not cause
23 or contribute to degradation of water quality,
24 2. Effectively prohibit urban discharges of illicit connections to the municipal separate storm
water sewer system, and,
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3. Reduce the discharge of pollutants from municipal separate storm water sewer system to
the maximum extent practicable. When used in the Carlsbad Municipal Code, this refers
to the JURMP adopted by the City of Carlsbad.
R. "Landscape Manual" means the "Landscape Manual" adopted by city council resolution which
contains the policies and requirements for the design, construction and maintenance of
landscape and irrigation systems constructed pursuant to a city development approval.
S. "Low impact design (LID)" means a storm water management and land development strategy
that emphasizes conservation and the use of on-site natural features integrated with
engineered small-scale hydrologic controls to more closely reflect pre-development
hydrologic functions.
11'' T. "Maximum extent practicable (MEP)" means, with respect to best management practices
(BMPs), an individual BMP or group of BMPs which reduces or eliminates the discharge of a
pollutant of concern, which have a cost of implementation reasonably related to the pollution
14 control benefits achieved, and which are technologically feasible.
U. "Municipal Permit" means California Regional Water Quality Control Board San Diego Region
16 Order No. R9-2007-0001, NPDES No. CAS0108758 Waste Discharge Requirements for
17 Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s)
18 Draining the Watersheds of the County of San Diego County, the San Diego Unified Port
19 District, and the San Diego County Regional Airport Authority (Municipal Permit), and any
20 amendment, revision or re-issuance thereof.
21 V. "National Pollution Discharge Elimination System (NPDES) Permit" refers to a permit issued
22 by the San Diego Regional Water Quality Control Board or the State Water Resources
23 Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control
24 discharges from point sources to waters of the United States, including, but not limited to:
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1. Municipal Permit;
26 2. General Industrial Activity Permit;
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3. General Construction Permit;
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1 4. General Linear Utility Permit; and,
2 5. California Regional Water Quality Control Board, San Diego Region, General De-
3 Watering Permits (Order Numbers 91-10 and 90-31) and any amendment, revision or re-
4 issuance thereof.
W. "National Pollution Discharge Elimination System (NPDES) general permit" means a permit
6 issued by the State Water Resources Control Board which establishes a framework for
7 regulating the discharge of storm water runoff for certain broad classes of activities, including,
8 but not limited to:
9 1. General Construction Permit;
10 2. General Industrial Activity Permit; and,
11 3. General Linear Utility Permit.
12 x. "Non-storm water discharge" means any discharge to the storm water conveyance system
that is not entirely composed of storm water.
14 Y. "Occupancy permit" means a permit required or issued pursuant to Chapter 21.60 of this
code.
Z. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage, medical
'7 waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand,
1R sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant
1Q under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in
20 violation of the Basin Plan and California Ocean Plan standards such as fecal coliform, fecal
21 streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum
22 hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc,
23 cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also
24 includes any contaminant which degrades the quality of the receiving waters in violation of
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the Basin Plan and California Ocean Plan standards by altering any of the following
parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD),
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1 chemical oxygen demand (COD), nutrients, temperature and other narrative standards of the
2 Basin Plan.
3 AA. "Planned local drainage facility" means any storm drainage facility, flood control facility or
4 water quality enhancement facility identified in the drainage master plan including drainage
5 easements, storm drain pipes, inlet structures, outlet structure, sedimentation and de-
6 pollutant basins, drop structures, rip rap, junction structures, environmental mitigation
7 measures, water quality monitoring and testing equipment and other improvements
8 necessary to convey, contain or enhance the quality of storm water discharge.
9 BB. "Planned local drainage area" (PLDA) means one of four drainage areas within the city
10 identified within the drainage master plan. Separate planned local drainage area (PLDA) fees
11 are established for each of the four drainage areas and were calculated to be equal to or less
12 than the cost of the planned local facility drainage improvements within each respective
13 PLDA.
14 QQ "prjorjty development project" means new development and redevelopment project
15 categories listed in section D.1.d(2) of the Municipal Permit.
1® DD. "Receiving waters" means surface bodies of water which serve as receiving points for
1^ discharges from the storm water conveyance system, including Encinas Creek, San Marcos
1ft Creek, Batiquitos Lagoon, Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista
1Q Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean.
20 EE. "Rainy season" means the period of time between October 1 of any year and April 30 of the
21 following year during which the likelihood of rainfall is greater than at other times of the year.
22 FF. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan, prepared pursuant to
23 the Municipal Permit, to reduce pollutants and runoff flows from all new development and
24 significant redevelopment projects that fall under priority project categories. When used in the
25 Carlsbad Municipal Code, this refers to the SUSMP prepared by the City of Carlsbad.
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GG. "Storm water" means surface runoff and drainage associated with storm events and snow
27 melt that flows across a surface to the storm water conveyance system or receiving waters.
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For the purposes of this chapter, storm water runoff and drainage from areas that are in a
natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
runoff have not been significantly altered, either directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
chapter.
HH. "Storm water requirements applicability questionnaire" means the questionnaire form, as
specified in the SUSMP, filled out and signed by the responsible party submitting an
application for a development permit, and used by the city to determine if the development
project is required to comply with standard or priority project storm water requirements.
II. "Storm water conveyance system" means private and public drainage facilities by which
storm water may be conveyed to receiving waters, such as natural drainages, ditches, roads,
streets, constructed channels, aqueducts, storm drains, pipes, culverts, street gutters or catch
basins.
JJ. "Storm Water Management Plan (SWMP)" means a storm water pollution prevention plan
prepared in accordance with the SUSMP which describes best management practices to be
implemented on a development site during the post construction phase of a project. A storm
water management plan also includes recommended maintenance activities and schedules of
maintenance for any structural treatment controls included in the plan. A SWMP is sometimes
referred to as a post-construction SWPPP.
KK. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on-
site program activities and structural treatment control measures to eliminate or reduce to the
maximum extent practicable, pollutant discharges to the storm water conveyance system
primarily through the application and use of best management practices. A SWPPP is
prepared in accordance with the requirements of a NPDES general permit and/or City
Standards. The city utilizes three types of SWPPP documents for storm water pollution
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1 prevention during different phases of land development and land use activities including the
2 following:
3 1. Storm Water Management Plan (SWMP);
4 2. Construction SWPPP; and,
5 3. Business Activity SWPPP
6 LL. "Structural treatment control BMP" means engineered facilities designed for the treatment of
7 storm water runoff. Structural treatment controls typically use infiltration, filtration,
8 retention/detention, biofiltering and other techniques to remove pollutants from storm water
9 runoff.
10 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption;
and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
12 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 25th day of March, 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 1st day of April, 2008, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
RONALD^ BALL, City Attorney*£.^.(~
ATTEST:
(SEAL)