HomeMy WebLinkAbout2008-04-01; City Council; NS-882; Amending the Municipal Code...1 EXHIBITS
ORDINANCE NO- NS-882
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 18 OF THE CARLSBAD
MUNICIPAL CODE REQUIRING BUILDING CONSTRUCTION TO
4 COMPLY WITH NEW STORM WATER PROTECTION REQUIREMENTS
OF THE UPDATED SAN DIEGO REGIONAL WATER QUALITY
5 CONTROL BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001).
6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7 SECTION 1: That Title 18 of the Carlsbad Municipal Code is amended by the adoption
8 of the new Chapter 18.48, entitled "Storm Water Pollution Prevention" to read as follows:
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18.48.010 Purpose and intent.
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The purpose of this chapter is to ensure the environmental and public health, safety, and general
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welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by:
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. _ A. Prohibiting non-storm water discharges to the storm water conveyance system.
14 B. Eliminating discharges to the storm water conveyance system from spills, dumping or
15 disposal of materials other than storm water or permitted or exempted discharges.
A C10 C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm
17 water as it flows over urban areas (urban runoff), to the maximum extent practicable.
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D. Reducing pollutants in storm water discharges in order to achieve applicable water quality
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objectives for receiving waters within the City of Carlsbad.
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18.48.020 Definitions.
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22 For purposes of this chapter, the definitions for the words, terms or phrases defined in chapter
23 15.04 of this code shall be used.
24 18.48.030 Prohibition on development.
25 For any property subject to this chapter, notwithstanding any provision of this code to the contrary,
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no building permit or certificate of occupancy permit for any project shall be issued and no person
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1 shall build, use or occupy any project, without first complying with the storm water protection
2 provisions of Title 15 of this code.
3 18.48.040 Requirement for permit issuance.
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A. Prior to the issuance of a building permit or certificate of occupancy permit for a project, the
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project owner or developer shall:
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1. Provide the City Engineer with a completed storm water requirements applicability
questionnaire in accordance with Standard Urban Storm Water Mitigation Plan (SUSMP)8
requirements. If the project is determined by the City Engineer to be a priorityy
development project, then the project owner or developer shall:
11 a. Prepare and submit a storm water management plan in conformance with the
12 requirements of the SUSMP and Title 15 of this code;
13 b. Enter into a Permanent Storm Water Quality Best Management Practices
14 Maintenance Agreement or provide an alternate maintenance mechanism as
15 approved by the City Engineer.
16 2. Agree to comply with storm water best management practices during construction of the
17 building, structure or dwelling.
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B. A City-approved Construction SWPPP is required to be submitted prior to building permit
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issuance in accordance with City standards and Chapter 15.16.085 of this code for any20
project which has the potential for adding pollutants to storm water or non-storm water runoff21
during construction activities, unless an exemption from such requirement is provided
pursuant to Chapter 15.16.085 and the Municipal Permit.
24 18.48.050 Duty to deny final building permit approval.
25 The community development director shall deny final approval and acceptance of a building
26 permit, and shall refuse to allow final public utility connection and occupancy in any building,
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1 structure or dwelling unless the project owner or developer has complied with all storm water
2 protection provisions of Title 15 of this code.
3 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
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 R. BALL, City Attorney
ATTEST: