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Home My WebLink About1999-01-12; City Council; 15008; Storm Water and Discharge ControlCARLSBAD MUNICIPAL CODE CHAPTER 15.12 RELATING TO RECOMMENDED ACTION: Introduce Ordinance No. A/S - Y6& amending various sections of the storm water management and discharge control ordinance (Chapter 15.12) of the Carlsbad Municipal Code. Adopt Resolution No.9 9 - 19 approving finalization of Local Coastal Program Amendment (LCPA) 96-09. ITEM EXPLANATION: On January 28, 1997, the City Council conducted a public hearing regarding Ordinance NS-394 and Local Coastal Program Amendment 96-09 relating to storm water management and discharge control. The Local Coastal Program Amendment was approved by City Council on that date. A second public hearing was conducted on February 4, 1997, at which time the Ordinance was adopted, effective April 6, 1997. The attached modifications to Ordinance NS-394 were proposed by the California Coastal Commission in its approval of Local Coastal Amendment 96-09 on July 8, 1998. The modifications are shown in strikeout/highlight format in Exhibit 6. The amendment mirrors those set out in the Deborah Lee letter to Gary Wayne dated July 20, 1998 (Exhibit 5). The other suggested modifications mentioned have been previously accepted. All of the changes are minor and technical in nature. Coastal Commission staff have verified that the suggested change from “diverted stream flows” to “diverted water flows” in section 15.12.050.B. was a typographical error, so it is not being changed. ENVIRONMENTAL REVIEW: The Planning Director has determined that the proposed Municipal Code amendments and finalization of Local Coastal Program amendments are exempt from CEQA (California Environmental Quality Act) pursuant to Section 15061 (b)(3) of the guidelines. FISCAL IMPACT: Accepting the Coastal Commission suggested modifications will not have any City related fiscal impacts. EXHIBITS: 1. Ordinance No. NS-Y66 amending various sections of the storm water management and discharge control ordinance (Chapter 15.12) of the Carlsbad Municipal Code. 2. Resolution No. 44 M t 9 (LCPA) 96-09. approving finalization of Local Coastal Program Amendment 3. 4. 5. City Council Staff Reports dated January 28,1997 and February 4,1997. City Council Resolution No. 97-39. Deborah Lee July 20, 1998 letter to Gary Wayne forwarding its attached Coastal Commission Resolution I-98C. 6. Underline/strikeout version of ordinance changes. 1 ORDINANCE NO. NS-468 8 9 10 11 I( 6 EXHIBIT 1 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 15.12.020 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.” 12 SECTION 2: That Section 15.12.020 subsection G.4 of the Carlsbad Municipal Code is amended to read as follows: ,3 ~ 14 “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 15 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 16 agency for public recreational use;” 17 SECTION 3: That Section 15.12.020 subsection K of the Carlsbad Municipal ,8 Code is amended to read as follows: 19 “K. “Hazardous Materials” shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure 20 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 21 harm to humans, domestic livestock, or wildlife.” 22 SECTION 4: That Section 15.12.050 subsection A of the Carlsbad Municipal 23 Code is amended to read as follows: 24 25 26 27 28 “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.” SECTION 5: That Section 15.12.050 subsection B of the Carlsbad Municipal 2 II 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.” 8 SECTION 6: That section 15.12.090 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "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.” 26 SECTION 7: That Section 15.12.190 of the Carlsbad Municipal Code is 27 amended to read as follows: 28 1 n15.12.190 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 10 INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 12th day of January 11 ,1999, and thereafter, 12 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 14 15 16 17 18 19 Council held on the day of I 1999 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor 2. ATTEST: I/ 21 22 23 ALETHA L. RAUTENKRANZ, City Clerk RESOLUTION NO. 99-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FINALIZING APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE STORM WATER ORDINANCE AS AN IMPLEMENTING ORDINANCE FOR CARLSBAD’S LOCAL COASTAL PROGRAM. CASE NAME: STORM WATER ORDINANCE CASE NO: LCPA 96-09 (A) WHEREAS, California State law requires that the Local Coastal Program, General Plan 8 and Zoning designations for properties in the Coastal Zone be in conformance; and 9 lo WHEREAS, on January 28,1997 the City Council approved LCPA 96-09 to add the City’s Storm Water Ordinance to the Carlsbad Local Coastal Program; and 11 WHEREAS, on July 8, 1998, the California Coastal Commission approved said LCP 12 amendment, with “suggested modifications”; and 13 WHEREAS, the City of Carlsbad has received “suggested modifications” from the 14 California Coastal Commission for the City’s Storm Water Ordinance as set forth in letter of 15 Deborah Lee to Assistant Planning Director Gary Wayne dated July 20, 1998; and 16 WHEREAS, if the changes are acceptable to Council, acceptance of the Coastal Commission’s “suggested modifications” is necessary to complete the originally approved LCPA 17 96-09 pursuant to the California Coastal Act and California Administrative Code; and 18 19 WHEREAS, the City Council did on the 5th day of January 1999, hold a duly noticed public hearing as prescribed by law to consider said suggested modifications; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony and 21 arguments, if any, of all persons desiring to be heard, the City Council considered all factors 22 relating to the Local Coastal Program Amendment; and 23 WHEREAS, at said Council meeting the City Council introduced for first reading an 24 ordinance amending various sections of Chapter 15.12 of the Carlsbad Municipal Code to 25 implement the “suggested modifications” as set forth on Exhibit “Y” attached hereto and 26 incorporated by this reference, Ill 27 Ill 28 - 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 2. 4 That the City Council acknowledges receipt of the Coastal Commission suggested modifications dated July 20, 1998. 5 3. The City Council accepts the suggested modifications and by companion action 6 has adopted the ordinance amendments which effectuates City acceptance of the Coastal 7 Commission’s “suggested modifications”, and finalizes LCPS 96-09. 8 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council IO held on the 12th day of January , 1999 by the following vote, to wit: 11 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin 12 NOES: None 13 14 15 16 17 ATTEST: 20 KAREN R. KUNDTZ, AM&ant City Clerk 22 23 24 25 26 27 28 (SEAL) EXHIBIT "Y" - CALIFORNIA COASTAL COMMISSLON SANDlEGOCOAStAREA 3111cAMlNo DEl RIO NoRTb& sum 100 SANDIEGO,CA 92?0&1725 (619) s214D36 CA SEA0 P ENDWE T 98 (STORWWATER WANACEHENTR;ND IN::DE;AL &O& DFNING AREA REVISIONS) COASTAL COWMISSION DOP FD SUGGESTED MODIFICATIONS ADOPtED ;"LV 8 1998 . (Page 1 of i) ant&ion Plan Revisiqar . 1. Under Definitions, Section 15.12.020.0 (California Ocean Plan1 shall be revised to read as follows: "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. 2. Under Definitions, Section 15.12.020.6.4 (Development) shall be revised to read as follows: C ..I “Development shall mean”1 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,.incl.uding 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; 3. Under Definitions, Section 15.12.020.K (Hazardous Waterials) shall be revised to read as follows: "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 substanceor mixture of substances may cause, or substantially contribute to, substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. 4. Under Discharge of Pollutants, Section 15.12.050.A shall be revised to read as follows: 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. Carlsbad LCPA l-98C/Sug. Mods. Adopted July 8, 1998 Page 2 5. .Under Discharge of Pollutants, Section 15.12.050.8 shall be revised to read as follows: Discharges from the following activities will not be considered as 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 water flows;... 6. Under Watercourse Protection, Section 15.12.090 shall be revised to read as follows: 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 obstac-les which would pollute, contaminate, or signficantly 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. 7. Under Remedies Mot Exclusive, Section 15.12.190 shall be revised to read. as follows: 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, pe.nalty 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 13ODO 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. INCIDENTAL DUTDDDR DINING AREAS ORDINANCE - Imolementation Plan Revisim 8. Section 21.04.188.1 of the Carlsbad Municipal Code shall be revised to read as follows: . ..Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. On properties located west of the railroad right-of-way and outside of the Village Redevelopment Area, "incidental outdoor dining areas" shall be allowed only where the existing indoor restaurant, bona fide eating establishment of deli provides on-site parking in compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinance) of the Municipal Code. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way).... _ Exhibit 3 CITY OF CARLSBAD - AGL ,DA BILL nB# /4/w I!ILE: A PUBLIC HEARING FOR AN ORDINANCE AND LOCAL COASTAL PROGRAM AMENDMENT MTG. l/28/97 AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT DEPT. ENG AND DISCHARGE CONTROL RECOMMENDED ACTION: CITY MGR.-=&? Introduce Ordinance No. NS - 39~ amending section 1.08.010 and enacting a new chapter 15.12 relating to storm water management and discharge control. Adopt Resolution No. 9 7 - 3 9 , approving Local Coastal Program Amendment (LCPA) 9609. ITEM EXPLANATION: This item is a follow-up to the Stormwater Status Report presented to the City Council on May 7, 1996. The which was B roposed ordinance is a required element of the City of Cansbad stormwater program iscussed in detail at the May meeting. The purpose and intent of this ordinance is to ensure the future health, safety, and general welfare of the citizens of the City of Cartsbad by prohibiting non-stormwater discharges to the storm water conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants from urban runoff to the maximum extent practicable. The proposed ordinance provides the City with the legal authority to enforce these provisions, sets forth inspection and testing procedures, and creates a framework under which the ordinance may be enforced. Although not required by law, a special mailing was sent to approximately 6300 business owners and commercial property owners to inform them that this ordinance was being considered by the City Council and giving them the opportunity to ask questions and make comments. As of early January, very little response has been generated and the few calls that have been received have been to ask questions. This action also affects stormwater management and discharge control within the Coastal Zone, and also includes a resolution approving a Local Coastal Program Amendment (Exhibit “2”) for all segments of the Coastal Zone. If approved by the City Council, it will be processed before the Coastal Commission. The public review period for the LCPA generated one letter containing comments from San Diego Gas and Electric which was responded to by the City Attorney’s office (see Exhibit “3” and “4). ENVlRONMENTAL REVIEW: The Planning Director has determined that this project is exempt from environmental review because: 1) It IS a Tlator (Sectron 15308 of CE ); an action instituting procedures for the rotection of the environment 2) it satisfies the basic rule (Section 1 061(b)(3) of CEQA) that there !f IS no possibility that the adoption of this ordinance will cause a stgnrficant impact on the environment. FISCAL IMPACT: The proposed ordinance enhances the Cit s abilit to enforce its stormwater program. Enforcement is currently provided by existing staff. i i hould t e City Council find it in the public’s interest to expand the enforcement program in the future, additional funds and resources could be allocated at that time. The amount of additional funding would depend upon the specifics of the desired program. EXHIBITS: 1. Ordinance No. N-S-3 94 amending section 1.08.010 and enacting a new chapter 15.12 relating to storm water management and discharge control. 2. Resolution No. 9 T- .? 7 approving Local Coastal Program Amendment (LCPA) 96-09. 3. Letter from San Diego Gas and Electric. 4. Letter to San Diego Gas and Electric from City Attorneys office. 7 1 z 2 4 c Y c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "x'" (January 28, 1997) j ORDINANCE NO. /I+- 394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL. WHEREAS, an ordinance providing the City of Carlsbad with the legal authority to enforce j its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order No. go-42 issued by the California Regional Water Quality Control Board, San Diego Region; and, WHEREAS, reducing pollution in the Citys stormwater conveyance system may protect and enhance the water quality of local watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act; and, WHEREAS, the revised proposed Storm Water Management and Discharge Control Ordinance is not considered a project and is not subject to review per Sections 15378(b) and 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad, California, does ordain as follows: SECTION 1: That Q 1.08.010 (a) of the Carisbad Municipal Code be amended to add “15.12” to the list of Chapters designated. SECTION 2: That Title 15, Chapter 15.12 of the Cansbad Municipal Code is enacted to read as follows: Ill Ill /II Ill Ill Ill ill Ill I ! l( 11 1; 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 Sections: 1512.010 15.12.020 1512.030 1512.040 15.12.050 15.12860 15.12.070 15.12.080 15.12.090 15.12.100 15.12.110 15.12.120 15.12.130 15.12.140 15.12.150 15.12.160 15.12.170 15.12.180 15.12.190 CHAPTER 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Purpose and Intent Definitions Administration Construction and Application Discharge of Pollutants Discharge in Violation of Permit Illicit Connections Reduction of Pollutants Contacting or Entering Storm Water Required Watercourse Protection Authority to Inspect Inspection Procedures-- Additional Requirements I Containment, Cleanup, and Notification of Spills Testing, Monitoring or Mitigation Required- When. Concealment Administrative Enforcement Powers Administrative Notice, Hearing, and Procedures ’ Appeal Judicial Enforcement Violations Deemed a Public Nuisance Remedies Not Exclusive 15.12.010 Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by: A. Prohibiting non-storm water discharges to the storm water conveyance system. B. Eliminating discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water or permitted or exempted discharges. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas (Urban Runoff), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this ordinance is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and California Regional Water Quality Control Board NPDES Permit No. CAOl08758, Order 90-42 and any amendment, revision or reissuance thereof. 1512,020 Definitions. When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section: A. “Basin Plan“ means the 1 Comprehensive Water Quality Control Plan 1 for the San Diego Basin adopted by the / Regional Water Quality Control Board, San ! Diego Region (July 1975) and approved by ; the State Water Resources Control Board, I together with subsequent amendments. I : B. “Best Management Practices or ; (BMP)” means schedules of activities, I prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to. the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to waters of the. United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. “Building Permit” shall mean a permit issued pursuant to Chapter 18.04. 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 September 1991 and any subsequent amendments. E “Clean Water Act” shall mean the Federal Water Pollution Control Act enacted by Pubhc Law 92-500, as amended by 4 1 i I ! l( 11 1: 11 14 1C b 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Laws 95217, 95576, 98483, and 95-117 (33 USCA Section 1251 et seq.), and any subsequent amendments. 2. Proper handling of all materials and wastes to prevent spillage. F. “County Health Officer” shall mean the Health Officer of the County of San Diego Department of Public Health or designee. 3. Mitigation of spills including spill response, containment and cleanup procedures. G. “Development” shall mean: 1. The placement or erection of 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 2. The discharge or disposal of any any solid material or structure on land, in water, or under water; 6. Identification of all on-site 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system. dredged material or of any gaseous, liquid, connections to the storm water conveyance solid, or thermal waste; system. 3. The grading, removing, dredging, mining, or extraction of any materials; 7. Preventive maintenance and good housekeeping procedures. 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, 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; 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm / water discharge. I. “Enforcement Agency’ shall mean the City of Carlsbad or its authorized agents charged with ensuring compliance with this Chapter. J. “Enforcement Official” shall mean the City Manager or his or her designee. 5. A change in the intensity of the use of water, or of access thereto; 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, ;or municipal entity; and, 7. The removal or harvesting of major vegetation other than for agricultural purpQses. 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 substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. As used .in this definition, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927). H. “Employee Training Program” means a documented employee training program for all persons responsible for implementing a Storm Water Pollution Prevention Plan. The Employee Training Program shall include, but is not limited to, the following topics: L. “Illicit Connection” means any unpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the City of Carlsbad, or any connection which drains illegal discharges either directly or indirectly into a storm water conveyance system. 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region M. “Illegal Discharge” means any non-permitted or non-exempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in vrolation of Basin Plan and California Ocean Plan standards. N. “Maximum Extent Practicable” shall mean, with respect to Best Management Practices (BMPs). an lndrvidual BMP or group of BMPs which address a Pollutant of 2 : : 4 ! f i I E 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 concern, which have a cost of implementation reasonably related to the pollution control benefits achieved, and which are technologically feasible. 0. “National Pollution Discharge Elimination System (NPDES) Permit” shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof. 2. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities’ 3. NPDES General Permit for Storm Water Discharges Associated with Construction Activity; and, 4. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits (Order Numbers 91-10 and 90-31). P. “Non-Storm Water Discharge” means any discharge to the storm water conveyance system that is not entirely composed of storm water. Q. “NPDES General ‘Pen-nit” shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities; and, 2. NPDES General Permit for Storm Water Discharges Associated with Construction Activity. R. “Order No. 90-42”. dated July 16, 1990, shall mean California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof, together with all amendments, and which is on file in the office of the City Clerk. S. “Parking Lot” shall mean an open area, other than a street or other public w$y, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes, mobile homes, dormitories, group quarters, etc.). T. “Person” shall mean any individual, organization, business trust, company, partnership, entity, film, association, corporation, or public agency, including the Sate of California and the United States of America. U. “Pollutant” includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in violation of Basin Plan ; and California Ocean Plan standards such as fetal coliform, fetal streptococcus, enterococcus, volatile organic carbon (VOC), sutfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of Basin Plan and California Ocean Plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature. V. “Premises” means any building, lot parcel, real estate, land or portion of land whether improved or unimproved. W. “Receiving Waters” means surface bodies of water, which serve as discharge points for the storm water conveyance system, including the Batiquitos Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean. X. “Storm Water” shall mean surface runoff and drainage associated with storm events and snow melt prior to contact with urban areas, agricultural areas, and/or other areas in which the natural environment has been significantly disturbed or altered, either directly or indirectly, as a result of human acttvity (also see definition for “Non-Storm Water”) For the purposes of this Chapter, Storm Waler runoff and drainage from areas that are III a natural state, tiavc: 1101 been I I 1 ; E 4 c c E 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Y. “Storm Water Conveyance System” includes, but is not limited to those municipal facilities within the City of Carlsbad by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels or storm drains. Z. “Storm Water Pollution Prevention Plan” means a document which describes the on-site program activities to eliminate or reduce to the maximum extent practicable,. pollutant discharges to the storm water conveyance system. A Storm Water Pollution Prevention Plan prepared and implemented pursuant to any NPDES Storm Water permit shall meet the definition of a Storm Water Pollution Prevention Plan for the purposes of this Chapter. AA. “Watercourse” means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. “Watercourse” does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. BB. “Wet Season” means October 15 through April 15. CC. “Wetlands” shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas 1512.030 Administration The Enforcement Official shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be delegated by the Enforcement Official to Persons in the employ of the City, or pursuant to contract. When deemed necessary by the Enforcement Official, the Enforcement Official shall prepare and present to the City Council for approval regulations consistent with the general policies established herein by the City Council. The Enforcement Official shall enforce Council approved regulations necessary to the administration of this ordinance, and may recommend that the Council amend such regulations from time to time as conditions require. 15.12.040 Construction and Application This Chapter shall be interpreted to assure consistency with the requirements of the federal Clean Water Act and acts amendatoty thereof or supplementary thereto, applicable implementing regulations, and California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof. 15.12.050 Discharge of Pollutants The discharge of non-storm water discharges to the storm water conveyance system or to any other conveyance system which discharges into receiving water is prohibited, except as specified below: 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. B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed. water line flushing; landscape irrigation, diverted stream flows; rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35 2005(20)] lo storm water conveyance syslenis, uncontaminated pumped ground wMc?r discharges from 4 ,-' .: Y , II 1’ 1: 1: 1L 1: 1E 17 18 1s 2c 21 22 23 24 25 26 27 28 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. C. The prohibition of discharges shall not apply to any discharge which the City of Carlsbad or the county health officer, and/or the Regional Water Quality Control Board determine are necessary for the protection of the public health and safety. 15.12060 Discharge in Violation of Permit Any discharge that would result in or contribute to a violation of California Regional Water Quality Control Board NPDES Permit No. CAO108758, Order 90-42 and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, 15.12.070 Illicit Connections It is prohibited to establish, use, maintain, or continue illicit connections to the storm water conveyance system, regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection except as authorized in section 1512.050. 1512.080 Reduction of Pollutants Contacting or Entering Storm Water Required. A. It is unlawful for any Person not to utilize Best Management Practices to the Maximum Extent Practicable to eliminate or reduce Pollutants entering the Cilys Storm Water Conveyance System B. In order to reduce the rusk of Non- Storm Water or Pollutant discharges to the City’s Storm Water Conveyance System, the following minimum Best Management Practices shall be implemented. 1. Commercial and Industrial Business-Related Activities a Storm Water Pollution Prevention Plan When Ihe Enforcement Official determines that a business or business-related activity causes or significantly contributes to violation of the water quality standards set forth in the Basin Plan or California Ocean Waters Plan, or conveys Significant Quantities of Pollutants to Receiving Waters, then the Enforcement Official may require the business to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perform maintenance, storage, manufacturing, assembly, equipment operations, vehicle J loading, and/or cleanup activities partially or wholly out of doors. b. Coordination with Hazardous Materials Response Plans and : Inventory: Any business subject to the 1 Hazardous Materials inventory and response 1 program pursuant to Chapter 6.95 of the California Health and Safety Code, shall include provisions for compliance with this Chapter in its Hazardous Materials Response Plan, including prohibitions of unlawful Non-Storm Water discharges and Illegal Discharges, and provisions requiring the use of Best Management Practices to reduce the discharge of Pollutants in Storm Water. C. Impervious Surfaces: Persons owning or operating a Parking Lot or an impervious surface (including, but not limited to, service station pavements or paved private streets and roads) used for automobile-related or similar ,purposes shall clean those surfaces as frequently and as thoroughly as is necessary, in accordance with Best Management Practices, to prevent the discharge of Pollutants to the Citys Storm Water Conveyance System. Sweepings or cleaning residue from Parking Lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any Storm Water conveyance, gutter, of roadway, but must be disposed of in accordance with regional solid waste procedures and practices. 2. Activities not Otherwise Regulated by Subsection B 1 a. Any person engaged in Development or other activity not covered by Subsection B 1 in the City of Carlsbad shall utilize Best Management Practrces to prevent Pollutants fforn enlerlng thf? Storm t ! 1c 11 1; 1: 14 1= Y 16 17 18 19 20 21 22 23 24 25 26 27 28 Water Conveyance System by complying with all applicable local ordinances, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-OSDWQ), and any subsequent amendments. b. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the storm water conveyance system to the maximum extent practicable, but not less than once prior to each wet season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. 15.12.090 Watercourse Protection 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. 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 pope or channel to a watercourse; B Modify the natural flow of water in a watercourse; C Carry oui developments wrthrn thirty feet of tile ccnter lrne of any walercourse 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. 1512.100 Authority to Inspect A. During normal and reasonable hours of operation, the Enforcement Officer shall have the authority to make an inspection to enforce the provisions of this Chapter, and to ascertain whether the purposes of this Chapter are being met. An inspection may be made after the designated representative of the City of Carlsbad has presented proper credentials and the owner and/or occupant authorizes entry. If the City of Carlsbad representative is unable to locate the owner or other persons having charge or control of the premises, or the owner and/or occupant refuses the request for entry, the City of Carlsbad is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry. After obtaining legal entry, the representative of the City of Carlsbad may: 1. Inspect the premises at all reasonable times. 2. Carry out any water sampling activities necessary to enforce this Chapter, including taking water samples from the property of any person which any authorized representative of the City of Carlsbad reasonably believes is currently, or has in the past, caused or contributed to causing an illegal storm water discharge to the storm water conveyance system. Upon request by the property owner or his/her authorized representative, split water samples shall be given to the person from whose property the samples were obtained c) .* ,“-- .-. cc i 1 t 5 1c 1’ 1; 1: 1L 1C c 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illegal discharge to the storm water conveyance system. 4. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illegal discharge or whether the requirements of this chapter are met. 5. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site connection, or condition believed to contribute to storm water pollution or constitute a violation of this Chapter. 6. Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared by a facility operator, if such a plan is required of the facility. 7. Require the facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the facility, if such monitoring is required of the facility. B. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this ordinance, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illegal discharges, discharge of non-storm water to the storm water system, or similar factors. 15.12.110 Inspection Procedures- Additional Requirements. During the inspection, the Enforcement Official shall comply with all reasonable security, safety, and sanitation measures. In addition, the Enforcement Official shall comply with reasonable precautionary measures specified by the owner and/or occupant or facility operator. At the conclusion of the inspection, and prior to leaving the site, the Enforcement Official shall make every reasonable effort to review with the owner and/or occupant or the facility operator each of the violations noted by the Enforcement Official and any corrective actions that may be necessary. A report listing any violation found by the Enforcement Official during the Inspection 7 shall be kept on file by the Enforcement Agency. A copy of the report shall be provided to the owner and/or occupant or facility operator, or left at the Premises if no Person is available. If corrective action is ’ required, then the occupant, facility owner, j and/or facility operator shall implement a plan of corrective action based upon a i written plan of correction, submitted to the 1 Enforcement Agency, which states the I corrective actions to be taken and the expected dates of completion. Failure to 1 ; implement a plan of correction constitutes a I violation of this Chapter. I All Enforcement Officials shall have adequate identification. 1 Enforcement , Officials and other authorized personnel / shall identify themselves when entering any ; property for inspection purposes or when inspecting the work of any contractor. Wrth the consent of the property owner or occupant or pursuant to a search warrant, the Enforcement Official is authotized to establish on any property that discharges directly or indirectly to the municipal Storm Water Conveyance System such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official my take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite. 15.12.120 Containment, Cleanup, and Notification of Spills. It is unlawful for any Person owning or occupying any Premises who has knowledge of any release of Significant Quantities of materials, Pollutants, or waste which may result in Pollutants or Non-Storm Water discharges entering the Citys Storm Water Conveyance System to not immediately take all reasonable action to contain, minimize, and clean up such release. Such Person shall notify the City of Carlsbad of the occurrence and/or County of San Diego Department of Health Services/Environmental Health Services Hazardous Materials Management Division, and any other appropriate agency of the occurrence as soon as possible, but no later than 24 hours from the time of the incident’s occurrence 11 1 1: 1: l& 1: lf 17 1E 1: 2c 21 22 25 24 25 26 27 28 1 2 3 4 5 6 7 8 9 0 1 2 3 1 5 j I I ) 1 15.12.130 Testing, Monitoring or Mitigation Required--When. A. The Enforcement Official may require that any Person engaged in any activity and/or owning or operating any facility which causes or contributes to Storm Water pollution or contamination, Illegal Discharges, and/or discharge of Non-Storm Water to the Storm Water Conveyance System perform monitoring, including physical and chemical monitoring and/or analyses and furnish reports as the Enforcement Official may specify if: 1. The Person, or facility owner or operator, fails to eliminate Illegal Discharges within a specified time after receiving a written notice to do so by the Enforcement Official. 2. The Enforcement Official has documented repeated violations of this Chapter by the Person or facility owner or operator which has caused or contributed to Storm Water pollution. It is unlawful for such Person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear a relationship to the types of Pollutants which may be generated by the Person’s activities or the facility’s operations. If the Enforcement Agency has evidence that a Pollutant is originating from a specific Premises, then the Enforcement Agency may require monitoring for that Pollutant regardless of whether said Pollutant may be generated by routine activities or operations. The Person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any Persons required to monitor pursuant to Paragraph A, above, shall implement a Storm Water monitoring program including, but not limited to, the following: 1. Routine visual monitoring for dry weather flows. 2. Routine visual monitoring for spills which may pollute Storm Water runoff. 3. A monitoring log including monitoring date, potential pollution sources, as noted in 1 and 2, and a description of the mitigation measures taken to eliminate any potential pollution sources. C. The Enforcement Official may requrre a Person, or facility owner or x operator, to install or implement Storm Water pollution reduction or control measures, including, but not limited to, process modification to reduce the generation of Pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City of Carlsbad if: 1. The Person, or facility owner or operator fails to eliminate Illegal Discharges after receiving a written notice from the Enforcement Official. 2. The Person, or facility owner or operator, fails to implement a Storm Water Pollution Prevention Plan, as required by the Enforcement Official. 3. The Enforcement Official has documented repeated violations of this Chapter any such Person or facility owner or operator which has caused or contributed to Storm Water pollution. D. If testing, monitoring or mitigation required pursuant to this Chapter are deemed no longer necessary by the Enforcement Official, then any or all of the requirements contained in Paragraphs A, B, and C may be discontinued. E. A Storm Water monitoring program prepared and implemented pursuant to any State-issued NPDES General Permit shall be deemed to meet the requirements of a monitoring program for the purposes of this Chapter. 15.12.140 Concealment Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is unlawful and shall constitute a separate violation of this Chapter. 15.12.150 Administrative Enforcement Powers The Enforcement Agency and Enforcement Official can exercise any enforcement powers as provided in Chapter 1.08 of this Code. In addition to the general enforcement powers provided in Chapter 1.08 of this Code, the Enforcement Agency and Enforcement Official have the authority to utilize the following administrative remedies as may be necessary to enforce this Chapter: A. Cease and Desist Orders. When the Enforcement Official finds that a discharge has taken place or is likely to take place in violation of this Chapter, the 1 2 9 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 Enforcement Official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those Persons not complying shall: 1. Comply with the applicable provisions and policies of this Chapter. 2. Comply with a time schedule for compliance. 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean and Abate. Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in Pollutants entering the Citys Storm Water Conveyance System or a Non-Storm Water discharge to the Citys Storm Water Conveyance System, the Enforcement Official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. C. Storm Water Pollution Prevention Plan. The Enforcement Official shall have the authority to establish elements of a Storm Water Pollution Prevention Plan, and to require any owner or occupier of any Premises to adopt and implement such a plan pursuant to Section 15.12.080.B.l.a., as may be reasonably necessary to fulfil1 the purposes of this Chapter. D. Employee Training Program. The. Enforcement Official shall have the authority to establish elements of an Employee Training Program, as may be necessary to fulfil1 the purposes of this Chapter, where such a Program has been required as an element of a Storm Water Pollution Prevention Plan. E. Civil Penalties. Any Person who violates any of the provisions of this Chapter or who fails to implement a Storm Water monitoring plan, violates any cease and desist order or Notice to Clean and Abate, or fails to adopt or implement a Storm Water Pollution Prevention Plan as directed by the Enforcement Official shall be liable for a civil penalty not to exceed $1,000 for each day such a violation exists. The violator shall be charged for the full costs of any 9 I investigation, inspection, or monitoring i survey which led to the detection of any : such violation, for abatement Costs, and for the reasonable costs of preparing and I bringing legal action under this subsection. 1 In addition to any other applicable j procedures, the Enforcement Agency may ,/ utilize the lien procedures listed in section 15.12.160.C.6 to enforce the violator’s liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. 15.12.160 Administrative Notice, Hearing, and Appeal Procedures. A. Unless otherwise provided herein, any notice required to be given by the Enforcement Official under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Enforcement Official. Where the address is unknown, service may be made upon the owner of record of the property involved. Such notice shall be deemed to have been given at-the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service whether or not the registered or certified mail is accepted. B. When the Enforcement Official determines that a violation of one or more provisions of this chapter exists or has occurred, any violator(s) or property owner(s) of record shall be served by the Enforcement Official with a written Notice and Order. The Notice and Order shall state the Municipal Code Section violated, describe how violated, the location and date(s) of the violation(s), and describe the corrective action required. The Notice and Order shall require immediate corrective action by the violator(s) or property owner(s) and explain which method(s) of administrative enforcement are being utilized by the Enforcement Official: Cease and Desist Order, Notice to Clean and Abate, establishment of a Storm Water Pollution Prevention Plan, and/or establishment of an Employee Training Program. The Notice and Order shall also explain the consequences of failure to comply, including that civil penalties shall begin to immediately accrue if compliance IS not achreved within 1 t z 1c 11 14 l? 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ten (10) days from the date the Notice and Order is issued. The Notice and Order shall identify all hearing rights. The Enforcement Official may propose any enforcement action reasonably necessary to abate the violation. C. If the violation(s) is not corrected within ten (10) days from the date the Notice and Order is issued, the Enforcement Official shall request the City Manager to appoint a Hearing Officer and fix a date, time, and place for hearing. The Enforcement Official shall give written notice thereof to the violator(s) or owner(s) of record, at least ten (10) days prior to the date for hearing. 1. The Hearing Officer shall consider any written or oral evidence presented to determine whether the violation(s) exists, a Cease and Desist Order should be required, a Notice to Clean and Abate should be required, a Storm Water Pollution Prevention Plan should be required, an Employee Training Program should be required, and/or Civil Penalties should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and promulgated by the City Manager. 2. In determining whether action should be taken or the amount of a civil penalty to be imposed, the Hearing Officer may consider any of the following factors: a. Duration of the violation(s). b. Frequency or recurrence. c. Seriousness. d. History. e. Violator’s conduct after issuance of the Notice and Order. f. Good faith effort to comply. g. Economic impact of the penalty on the violator(s). h. Impact of the violation on the community. i. Any other factor which justice may require. 3. If the violator(s) or owner(s) of record fail to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the Notice and Order. 4. The Hearing Officer shall render a written decision within ten (10) days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any. The decision shall be effective immediately unless otherwise stated in the decision. The Hearing Officer shall cause : the decision to be served on the Enforcement Official and all participating violators or owners of record. 5. If the persons assessed civil / penalties fail to pay them within the time specified in the Hearing Officer’s decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the Enforcement Official. If the violation(s) is not corrected as directed the civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $100,000 in the aggregate. When the violation is subsequently corrected, the Enforcement Official shall notify the violator(s) and/or owner(s) of record of the outstanding civil j penalties and provide an opportunity for hearing if the amount(s) is disputed within I ten (10) days from such notice. I 6. The Enforcement Official shall j take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to recover said funds. If collected as a lien, the Enforcement Official shall cause a notice of lien to be filed with the County Recorder, inform the County Auditor and County Recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Enforcement Official shall file a release of lien with the County Recorder. 15.12.170 Judicial Enforcement. A. Criminal Penalties. Any person who violates any provision of this Chapter or who fails to implement a Storm Water monitoring plan, violates any cease and desist order or Notice to Clean and Abate, or fails to adopt or implement Storm Water Pollution Prevention Plans or Employee Training ; Programs as directed by the -Enforcement / Official shall be punished, upon conviction, by a fine not to exceed $1,000 for each day in which such violation occurs, or I imprisonment in the San Diego County jail / 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 for a period not to exceed six (6) months, or both. 8. Injunction/Abatement of Public Nuisance. Whenever a discharge into the Storm Water Conveyance System is in violation of the provisions of this Chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuance of such discharge. C. Other Civil Action. Whenever a Notice and Order or Hearing Officer’s decision is not complied with, the City Attorney may, at the request of the Enforcement Official, initiate any appropriate civil action in a court of competent Ijurisdiction to enforce such Notice and Order and decision, including the recovery of any unpaid Storm Drain Fees and/or civil penalties provided herein. 15.12.180 Violations Deemed a Public Nuisance. In addition to the other civil and criminal penalties provided herein, any condition a* Ill I/! iI/ ill /Ii Ill //I I!/ I// /Ii Ill I// caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the Enforcement Official in accordance with the procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the City, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a ’ lien upon and against the property in accordance with the procedures set forth in section 15.12.160.C.6. 15.12.190 Remedies Not Exclusive. 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 I provisions of the Federal Clean Water Act / and/or the State Porter-Cologne Water / Quality Control Act. The seeking of such / federal and/or state remedies shall not 1 preclude the simultaneous commencement , of proceedings pursuant to this Chapter. ; EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption and the City Clerk, City of Cadsbad, shall certify to the adoption of this ordinance and cause it to ~ be published at least once in a newspaper of general circulation in the City of Cartsbad within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the day of , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 1997 by the following vote, to wit: AYES: NOES: ABSENT All-EST ALETHA L. RAUTENKRANZ, City Clerk CLAUDE A. LEWIS, Mayor (SEW I2 -. x J&l--t .\ 1 TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 81”37’18” WEST, 32.00 FEET TO THE BEGINNING OF A NON- TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS NORTH 85”12’48” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”23’33” A DISTANCE OF 56.33 FEET; THENCE SOUTH 72”36’17” EAST, 25.00 FEET; THENCE SOUTH 02”04’44” EAST, 53.24 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.035 ACRE MORE OR LESS. PARCEL 4 (SLOPE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27. 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FfZET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 46.97 FEET TO THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85”12’48” WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06”18’04” A DISTANCE OF 148.36 FEET; THENCE NORTH 1 l”O5’16” EAST, 130.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 1 l”O5’16” EAST, 51.26 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29”22’30” A DISTANCE OF 12.82 FEET TO THE BEGINNING OF A REVERSE 45.00 FOOT RADIUS CURVE CONCAVE l NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49”32’14” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29”22’30” A DISTANCE OF 23.07 FEET; THENCE NORTH 1 l”O5’16” EAST, 150.40 FEET PAGE 3 OF 8 :DA M:\LEGALS\1758\002A16.DOC WO 1758-Z 12/l 2196 . ‘sdJ7-ec+ ;d/ TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87”19’53” A DISTANCE OF 38.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88- 426572 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 81”34’51” EAST, 59.00 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT- OF-WAY LINE, SOUTH 09”43’01” WEST, 287.29 FEET; THENCE NORTH 27”20’57” WEST, 30.00 FEET; THENCE NORTH 78”54’44” WEST, 80.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.532 ACRE MORE OR LESS. PARCEL 5 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDAkY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1965 AS FILE NO. 85359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, .NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 81.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST, 60.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE., NORTH 24”28’09” WEST, 177.59 FEET; THENCE NORTH 1 l”O7’25” EAST, 90.44 FEET; THENCE NORTH 56”27’40” EAST, 153.60 FEET; THENCE NORTH ll”O7’25” EAST, 185.00 FEET; TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO, 86-426571 AND 88-426572 OF OFFICIAL RECORDS SAID POINT BEING ON THE ARC OF A 2175.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 05”08’05” EAST, THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE ARC OF :DA M:\LEGALS\l750\002Al6.00C WO 1753.2 12/l 2196 PAGE 4 OF 8 3 22 SAID CURVE THROUGH A CENTRAL ANGLE OF 00’52’41” A DISTANCE OF 33.33 FEET TO THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15”28’52” A DISTANCE OF 6.75 FEET; THENCE SOUTH 12’17’34” WEST, 245.05 FEET; THENCE SOUTH 16”00’35” WEST, 48.56 FEET; THENCE SOUTH 89”50’07” WEST, 115.00 FEET; THENCE SOUTH 11’07’25” WEST, 53.00 FEET; THENCE SOUTH 71”12’10” EAST, 106.06 FEET; THENCE SOUTH 83”32’21” WEST, 35.16 FEET; THENCE SOUTH 04”35’28” WEST, 67.68 FEET; THENCE SOUTH 72”36’17” EAST, 61.37 FEET; THENCE SOUTH 15”26’47” WEST, 58.25 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.750 ACRE MORE OR LESS. PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS! SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 78.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 02”04’44” WEST, 53.24 FEET; THENCE SOUTH 72’36’17” EAST, 121.23 FEET; THENCE SOUTH 07”31’04” WEST, 33.36 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY LINE; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 81”37’18” WEST, 110.57 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.112 ACRE MORE OR LESS. . PAGE 5 OF 8 :DA M:\LEGALS\l758\002A16.GOC WO 1758-2 12/12/96 2 23 PARCEL 7 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81’37’18” EAST (RECORD= NORTH 81”37’46” WEST), 78.97 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 110.57 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 07”31’04” EAST, 198.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 07’31’04” EAST, 338.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEEDS RECORDED AUGUST 25, 1988 FILE NO. 88-426571 AND 88-426572 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 81”34’51” WEST, 25.36 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 09”43’01” WEST, 287.29 FEET; THENCE SOUTH 27”20’57” EAST, 63.64 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.225 ACRE MORE OR LESS. PARCEL 8 (DRAINAGE EASEMENT) COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 2i, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE RETRACING ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 61.33 FEET TO THE BEGINNING OF A NON-TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 86”35’33” WEST; PAGE 6 OF 8 :Dk M:\LEGALS\l758\002A16.DOC WO 1750-2 12112196 . -LJb714+ i2 THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06”01’17”, A DISTANCE OF 153.65 ~FEET TO THE TRUE POINT OF BEGINNING A RADIAL LINE TO SAID POINT BEARS NORTH 80’34’16” WEST; THENCE RETRACING SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03”50’08” A DISTANCE OF 97.87 FEET; THENCE NORTH 72”36’17” WEST, 70.53 FEET; THENCE NORTH 04’35’28” EAST, 67.68 FEET; THENCE NORTH 83”32’21” EAST, 75.16 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.134 ACRES MORE OR LESS PARCEL 9 (DRAINAGE EASEMENT) ’ COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINUS OF THAT COURSE SHOWN AND DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE AS NORTH 83”42’01” WEST, 254.06 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81”37’18” EAST (RECORD= NORTH 81”37’46” WEST), 78.97 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE, SOUTH 81’37’18” EAST (RECORD-’ NORTH. 81”37’46” WEST), 110.57 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE, NORTH 07”31’04” EAST, 33.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 07”31’04” EAST, 165.00 FEET; THENCE NORTH 27”20’57” WEST, 93.64 FEET; ‘THENCE NORTH 78’54’44” WEST, 80.00 FEET; THENCE SOUTH 1 l”O5’16” WEST, 130.00 FEET TO THE BEGINNING OF A TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH’ A CENTRAL ANGLE OF 03”54’31” A DISTANCE OF 92.03 FEET; THENCE SOUTH 72”36’17” EAST, 146.23 FEET TO THE TRUE POINT OF BEGINNING. PAGE i’ OF 8 :DA M:\LEGALS\l758\002A16.DOC WO 1759-2 12/l 2196 . * Sh4 14- THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.696 ACRES MORE OR LESS JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\LEGALS\l758\002A16.DOC VJO 1758-2 12/12/96 PAGE 8 i;i= 8 LEGEND: - INDICATES SLUPE EASEMENT m INDICATES TEMPORARY CONSTRUCTION EASEMENT h\\ 1 INDICATES DRAINAGE EASEMENTA.5\*3 -.. 3 N 04°35’26’E I i N VY26’47”E 1 2’23’33” 1349.00 56.33 N 63’32’21 “E 75.16 n N 72’36’ 17”H 70.53 i 3°50’06” 1 1462.00 1 97.87 I II 8 ’ 2” 11’09’ 1462.00 55.78 I -0 6*01’17” 1462.00 153.65 I PARCEL 2 CERTIFICATE OF 5 . COMPLIANCE RECORDED g/27/85. i hLE NO. 85-359768. O.R. I J y/a& PORTION OF PALOMAR AlRPOGT ROAD! a A DEDICATED PER DEEDS RECORDED 3 .:ftpgpJ&/ API'? 21'%.040-49 hCED r4#: 3 -27785, ~~‘.~~~‘~~~~.~~\\\~T.P.O_B.PARCELS 3 dr 6 85-3592Z9LWe . \ N 86’35’33.W RAD - - - - -.- I - A 2’ HIIh’S%R k A.~.~lX’IATF.~ SAN DIEGO, /NC. PARCEL 3 CERTIFICATE OF COMPLIANCE RECORDED g/27/85. _.- . . . . . ..__. ..___ -_.____ __._ FILE NO. 85-359769. O.R. PLANNING - EN CINEERINC - SURVEYING i STREET - SAN DImO. CA 9212, _- -/ ,,a,~ I 558-45”” - PAX (619) 558-1414 APN 212-040-39 DEDICATION PLAT - CIM OF CARLSBAD ‘PLICANT : 1 PREPARED BY: 1 PROJECT: JA.P.N.: 2 12-040-49 1 tC WEST GROUP, INC. ‘0 WFST ” C” STREET m 1750 &N DIEGO, CA 92101 19) 544-9100 i r _ -c;a, &/A y../.y +p4 SLOPE EASEMENT AND TEMPrnARY coNsTRuclloN OHN ‘ii. HILL, dk. L.S. 5669 m=DJT AND DRAINAGE EXPIRES: g/30/99 EASEMENT PR 2.3.114 EXHIBIT / -- 7* ,r..- ,I.,, .., .- EXHIBIT LEGAL DESCRIPTION PR 3.4.257 AVIARA PARKWAY BEING A PORTION PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE C!Tf OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOkNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 5, 1989, SAID POINT BEING THEZBEGINNING OF A NON-TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04”51’08” A DISTANCE OF 122.88 FEET; THENCE NORTH 04”52’27” WEST, 38.46 FEET TO THE BEGiNNING OF A TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08”16’54” A DISTANCE OF 211.32 FEET TO A . POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS;.THENCE ALONG SAID NORTHERLY LINE, SOUTH 83”41’35” EAST (RECORD= SOUTH 83”42’01” EAST), 61.33 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 81”37’18” EAST (RECORD= SOUTH 81”37’46” EAST), 46.97 FEET TO THE BEGINNING OF A NON-TANGENT 1349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85”12’48” WEST, SAID CURVE BErNG CONCENTRIC WITH AND 102.00 FEET EASTERLY OF SAID 1451.00 FOOT RADIUS CURVE; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13”51’05” A DISTANCE OF 326.12 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 15661; THENCE ALONG SAID NORTHERLY LINE, SOUTH 71”35’51’ WEST, 103.27 FEET TO THE POINT OF BEGINNING. PAGE 1 OF 2 :DA M~\LEGALS\l758\002A03.DOC WO 1750-2 12/2/06 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.835 ACRE MORE OR LESS. 3. A ,&% /2 -2 -46 Y JOtiN W. HILL, JR. L.S. 5669 HUNSAKER Q ASSOCIATES SAN DIEGO, INC. PAGE % OF 2 :DA M:\LEGALS\l758\002A03,DOC WO 1750-2 7 212196 29 COh?P~/A~/cicr A&‘ORLX-D g -27-85; f/EA@ 8635925’3 0 R A. E!!. a2 - 040 - 39 F iYIL! )br,.~ n# SBO ‘f6’25 W-j&& ----a.- ADJ, p!Jyr 35-7 A- EXHIBIT - vMc+ I-3 SKETCH ‘I’0 ACCOMPANY LEGAL DESCR I P-I’ I ON AWARA PARKWRY IN APN 212-040-39 /..zma47..s poR7/0& o/= AV/ARA PARKWAY &‘/S/s/T /02 ‘HS’MENFOR STiEET Bi?t!?ES PER /?A+? /566/ ( ) /W&CATES RECORD LM;‘A 4R.A : 0.835AC/w . .- -“‘. /?ERDEE~R~iXh?7&~ 85-35929 ‘REPARED BY: HUNSAKER B ASSOCIATES Son Diego, Ino. 16 193 558-+500 iHEEl’ 1 OF 1 SHEET CITY OF CAkLSBAD STREET DEDICATION 5&L&27&5(& z.- Zg- 96 / JOHN W. HILL JR. L.S. 5669 DATE EXHIBIT LEGAL DESCRIPTION PR 32.86 BEING A PORTION PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A 1,451.OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST ; THENCE P.!.ONG THE NORTHWESTERLY LINE OF SAID bARCEL 1, NORTH 7’1”35’51” EAST, 103.27 FEET TO THE EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT, SAID POINT BEING ON A NON:TANGENT 1,349.OO FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”56’07” WEST SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF AVIARA PARKWAY PER CITY OF CARLSBAD PROJECT NO. PR 3.4.257; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13”11’21” AN ARC LENGTH OF 310.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT- OF-WAY LINE, SOUTH 49”08’37” EAST, 35.06 FEET TO THE POINT OF TERMINUS. PAGE 1 OF 2 :DA M:\LEGALS\1750\002Al4.DOC wo 1758-2 12/12/96 3’ .3 1 . THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE WESTERLY IN THE IN THE EASTERLY RIGHT-OF- WAY LINE OF AVIARA PARKWAY PER CITY OF CARLSBAD PROJECT NO. PR 3.4.257. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. ’ , :DA M:\LEGALS\1758\002AlS.DOC WO 1758-2 12/12/96 PAGE 2 OF 2 3; 32 ‘IXGiND: - INDICATES DRAINAGE EASEMENT -. h Shrt- z I APN 212-040-39 EXIST. 102 FOR STREET P.M. 15661 llIOE EASEMENT PURPOSES PER \ I-WNSAKER % ASSOCXATES SAN DIEGO, INC. PLANNING - ENCXNEERINC - SURVEYING 10179 HVENNEENS STRE.Tl- - SAN DIGCC. CA 92I21 (Sf9) 558-4500 - FAX (6fP) 55.9-1414 ‘PLICANT : DEDICATION PLAT - CJW OF CARL-AD 1 PREPARED BY: 1 PROJECT: ~A.P.N.: :EYSTONE HOMES 5 EAST RINCON IllE 115 IRONA, CA 91719 09) 273-9494 9 ,& -76 DRAINAGE EASEMENT 212-043-39 I ‘iOHN W. HILL JR. L.S. 5669 EXPIRES: g/30/99 PR 3.2.86 EXHIBI? j J. 553-7 PF 5537 PLN 13015 37 ---- EXHIBIT LEGAL DESCRIPTION PR 2.3.115 BEING A PORTION OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ? (SLOPE EASEMENT) BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 5, 1989, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADiAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of 04”51’08” A DISTANCE OF 122.88 FEET; THENCE NORTH 04”52’27” WEST, 38.46 FEET TO THE BEGINNING OF A TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08”16’54” A DISTANCE OF 211.32 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, NORTH 83”41’35” WEST (RECORD= NORTH 83”42’01” WEST), 20.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 16”16’17” WEST, 77.21 FEET; THENCE SOUTH 35”25’10” WEST, 76.21 FEET; THENCE SOUTH lO”30’25” EAST, 92.25 FEET; THENCE SOUTH 18”30’27” WEST, 98.87 FEET; THENCE SOUTH lO”O8’5O” EAST, 45.04 FEET; THENCE SOUTH 31”54’23” EAST, 45.23 FEET TO A POINT ON THE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD Oi SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER :DA M:\LEGALS\l75a’t002A15.DOC wo 1758-2 12/l 2196 PAGE 1 OF 4 DECEMBER 19, 1960; THENCE ALONG SAID NORTHERLY LINE, NORTH 71”35’51” EAST, 94.83 F‘EET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.672 ACRE MORE OR LESS. PARCEL 2 (SLOPE EASEMENT) COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A 1,451.OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71”35’51” EAST, 261.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID NORTHWESTERLY LINE, SOUTH 71”35’51” WEST, 158.00 FEET TO A POINT ON THE EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1,349.OO FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”56’07” WEST; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL I, NORTHERLY ALONG A CONTINUATION OF SAID EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13”51’05” AN ARC LENGTH OF 326.12 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS: THENCE ALONG SAID NORTHERLY LINE, SOUTH 81”37’18” EAST (RECORD= SOUTH 81”37’46” EAST), 32.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 02”56’24” WEST, 28.18 FEET; THENCE SOUTH 03”34’00” EAST, 204.29 FEET; THENCE NORTH 89’32’20” EAST, 112.39 FEET; THENCE SOUTH 09”43’41” EAST, 40.00 FEET; TO THE TRUE POINT OF BEGINNING. :DA M:\LEGALS\1758!002A15.DOC wo 1758-2 12/12/96 PAGE 2 OF 4 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.438 ACRE MORE OR LESS. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 5, 1989, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A 1,451 .OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST, SAID POINT ALSO BEING ON l-HE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD OF SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 19, 1960; THENCE ALONG SAID NORTHERLY LINE, SOUTH 71”35’51” WEST, 94.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 71’35’51” WEST, 23.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 12”41’31” WEST, 170.85 FEET; THENCE NORTH lO”53’52” EAST, 255.20 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 83’41’35” EAST (RECORD= SOUTH 83”42’01” EAST), 60.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 16”?6’17” WEST, 77.21 FEET; THENCE SOUTH 35’25’10” WEST, 76.21 FEET; THENCE SOUTH lO”30’25” EAST, 92.25 FEET; THENCE SOUTH 18”30’27” WEST, 98.87 FEET; THENCE SOUTH 10”08’50” EAST, 45.04 FEET; THENCE SOUTH 31”54’23” EAST, 45.23 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.338 ACRE MORE OR LESS. PAGE 3 OF 4 :DA M:\LEGALS\l i59\002A15.DOC wo 1758.2 12/l 2/96 PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-239677, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 15661, SAID POINT ALSO BEING A POINT ON A 1,451.OO FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80”16’25” WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71’35’51” EAST, 261.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 09”43’41” WEST, 40.00 FEET; THENCE SOUTH 89”32’20” WEST, 112.39 FEET; THENCE NORTH 03”34’00” WEST, 204.29 FEET; THENCE NORTH 02’56’24” EAST, 28.18 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH 81’37’18” EAST (RECORD= SOUTH 81”37’46” EAST), 110.57 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 09’43’41” EAST, 250.94 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 15661; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 71’35’51” WEST, 22.54 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.649 ACRE MORE OR LESS. /Z-/z-y6 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 4 OF 4 :DA M:\LEGALS\l758!002A15.DOC wo 1758-2 12112/96 LEGEND: __ lzzl INDICATES SLOPE EASEMENT INDICATES TEMPORARY CONSTRUCTION EASEMENT PARCEL o.338 ,,,+%&!& PARCFIS 7 b A ( 1 hVDlCA7.ES RECDRD DATA PfR L’f-D Rfc 3 -P7-85 EXIST. 102’ WIDE EASEMENT $+‘k ;o;. S;;EE; PURPOSES PER 85-359 769 I%?, HIIN.PAKI?R .+ A.c.wrrA~~.s .~AN nib-m INP 1 ~~.MWINC - ENGINEERING - SURVEYING I HUENNEKENS STREL7 - SAIj UIEXXJ. CA 92J21 (619) 5.58-4500 - FAX (619) 5.58-1414 . / PLICANT : DEDICATION PLAT - CITY OF CARLSBAD PREPARED BY: PROJECT: (A.P.N.: 21 Z-040-39 C WEST GROUP, INC. 3 WEST ” C” STREET n-E 1750 V DIEGO, CA 921Oi 9) 544-9100 ,z -2 -4 6 SLOPE EASEMENT AND IEMPofwmY cofFJRucnmJ t..s. 5669 f=AwMT EXHl3lT PR 2.3.115 ! 552-7 PT 55-T F? 19 j :,i,?w UC 3g 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 RESOLUTION NO. 9 7 - 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT THE CITY’S STORMWATER ORDINANCE AS AN IMPLEMENTING ORDINANCE FOR CARLSBAD’S LOCAL COASTAL PROGRAM. CASE NAME: STORMWATER ORDINANCE CASE NO: LCPA 96-09 WHEREAS, California State law requires that the Local Coastal Program. General Plan, and Municipal Code regulations for properties in the Coastal Zone be in conformance; and WHEREAS, a verified application for an amendment to the Local Coastal Program, as shown on Exhibit “X”, dated January 28, 1997, attached and incorporated herein, has been filed with the City Council; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X”, dated January 28, 1997, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the City Council did on the 28th day of January 1997, hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment shown on Exhibit “X”, dated January 28, 1997, attached hereto; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Program Amendment. 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 WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, as follows: A) B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on August 22. 1996, and ending on October 4, 1996, staff shall present to the City Council a summary of the comments received. No public comments have been received. c> That based on the evidence presented at the public hearing, the City Council approves LCPA 96-09 as shown on Exhibit “x”, dated January 28, 1997. attached hereto and made a part hereof based on the following findings: Findings: 1. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the City of Carlsbad Local Coastal Program (LCP), in that the Stormwater Ordinance will supplement the existing Carlsbad LCP Drainage and Erosion Control policies by prohibiting non-stormwater discharges (spills, illegal dumping and illicit connections) to the stormwater conveyance system and reduce pollutants from urban IllllOff. 2. That the proposed amendment to Carlsbad’s Local Coastal Program is required to maintain consistency between the City’s Municipal Code and its Local Coastal Program. 3. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15308 and 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. . . . . . . . . . . . . . . . -2- 1 t 14 1’ 1: 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 28th day of January 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: a2 ALETHA L. RAUTENKRANZ, City Clerk -3- i 4r EXHIBIT 3 San Diego Gas & Electric P.O. BOX 1831 . SAN MEGO. CA 921124150.619 I SS6ZUOO November 1,1996 F’LE No SFH 2 16 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Re: PROPOSED LCPA 96 09 STORM - - WAmR ORDINANCE San Diego Gas & Electric Company (SDG&E) is pleased to have the opportunity to provide the City of Carlsbad (City) with its comments regarding the proposed LCPA 96- 09 Storm Water Ordinance. SDG&E is a “Public Utility” within the meaning of Section 216 of the Public Utility Code and Article XII of the California Constitution. As such, SDG&E’s operations, activities and facilities fall within the exclusive regulatory jurisdiction of the California Public Utility Commission (CPUC). While the CPUC shares concurrent regulatory jurisdiction with other state agencies otherwise having jurisdiction over SDG&E activities, the CPUC’s regulatory jurisdiction is exclusive as between it and local government. Section 8 of article XII of the California Constitution expressly prohibits local government from regulating public utilities concerning matters over which the CPUC has regulatory power. The CPUC’s regulatory powers are largely identified in the Public Utility Code, pursuant to Section 701, 761, 762 and 768, the CPUC has exclusive regulatory power over the siting, design, installation, maintenance, repair, replacement, operation and use of SDG&E’s electric power generation, transmission and distribution and its natural gas transmission and distribution systems. Consequently, to the extent that the proposed ordinance will require SDG&E to obtain the City’s approval for any activity or for any development, use, maintenance, repair, replacement, installation, or modification of any public utility facility in, on, under, across, or in the vicinity of a watercourse, storm water conveyance system, or otherwise under the ordinance, the same is prohibited by state law. SDG&E will, of course, conform its activities, operations and facilities to the requirements of applicable federal and state law including, withoutlimitation, the federal Clean Water Act, California Porter-Cologne Water Quality Act, and the regulations promulgated thereunder. stormwater\cbcoment Moreover, SDG&E will notice the City of activities which would otherwise be subject to this proposed ordinance and pursue good faith negotiations with the City to resolve any reasonable, relevant and appropriate concerns of the City. Where resolutions cannot be achieved, the City may avail itself of the complaint procedures set forth in Public Utility Code section 1701 et seq. Specifically, SDG&E advises the City of Carlsbad that the Enclosed Bays and Estuaries Plan was rescinded in 1994, (see page 2, paragraph I). Finally, the definition of “Storm Water”, for purposes of the proposed ordinance should be consistent with the definition provided in the federal NPDES regulations as found under 40 CFR 122.26(b) (13). Also, the ordinance has three paragraphs that seem to be inconsistent with each other, they are the definition of paragraph 15.12.020. M, “Illicit Connection”, paragraph 15.12.050 “Discharge of Pollutants” and paragraph 15.12.070 “Illicit Connections.” They all make reference to illicit connections where one would allow connection if approved by the RWQCB and the City of Carlsbad. Another paragraph states that any connection whether approved or not is prohibited. 1. It is recommended that to make the ordinance clear, the following language should be remove from paragraph 15.12.070 “regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practice applicable or prevailing at the time of the connection.” In its place the following language should be included “but is subject to the exceptive.provisions of the Municipal Code paragraph 1512.050.” 2. The following should be included as an activity considered not as a source of pollution under paragraph 15.12.050, B., “substructure dewatering.” This type of activity is covered under the State General NPDES Permit CAG90002 Discharge By Utility Companies to Surface Waters. Thank you for the opportunity to comment on the proposed ordinance. If you have any question please feel free to ca!l me at 696-4671. stormwater\cbcoment EXHIBIT 4 RONALD R. BALL CITY ATTORNEY D. RICHARD RUDOLF ASSISTANT CITY Al-iORNEY JANE MOBALDI DEPUTY CITY ATTORNEY Ralph Vasquez Environmental Analyst San Diego Gas & Electric P. 0. Box 1831 San Diego, CA 92112 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CALIFORNIA 92008-1989 (619) 434-2891 FAX: (619) 434-8367 January 8,1997 JAN 0 8 1997 RE: STORM WATER ORDINANCE AND LCPA Dear Mr. Vasquez: This letter is in response to your November 1,1996 comments on the City’s proposed Storm Water Ordinance and companion Local Coastal Program Amendment, currently scheduled for City Council consideration on January 28, 1997 at 6:00 p.m. in City Council Chambers. The first page of your letter asserts San Diego Gas & Electric Company (SDG&E) exemption from City regulation generally, because of the exclusive regulatory jurisdiction of the California Public Utilities Commission (CPUC). We view the law as providing shared jurisdiction over some issues, and that the application of the Storm Water Ordinance in any particular aspect must be analyzed in light of that shared jurisdiction. Your letter ignores the language in California Constitution Article XI, Section 9 which allows corporations such as SDG&E to establish and operate works for supplying power and heat “...upon conditions and under regulations that the city may prescribe under its organic law.” Additionally, Public Utilities Code section 2902 specifically authorizes municipal corporations such as the City of Carlsbad to retain its “. . . powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets...“. Accordingly, the City believes it does have some shared jurisdiction over SDG&E with the CPUC. Depending on the issue, the dispute resolution/enforcement provisions of the City’s proposed ordinance or Public Utility Code section 1701 et seq. might be applicable. You also point out that the Enclosed Bays and Estuaries Plan was rescinded in 1994, and we have deleted that definition from the ordinance. We agree that the definition of “storm water” should be consistent with the definition in the federal regulations at 40 CFR 122.26(b)(l3). Although the ordinance language is slightly longer than that found in the regulations, we believe it is consistent with the federal regulation definition, and includes helpful explanatory language found in ordinances of other San Diego County cities. Finally, we disagree with your conclusion that the definition of “Illicit Connection” at section 15.12.020.M, and the provisions relating to “Discharge of Pollutants” in section 1512.050 and “Illicit Connections” in 1512.070 seem to be inconsistent with each other. They are not internally inconsistent, because the “illicit connections” provision in section 15.12.070 refers to both illegal hookups (in the sense that they are done without a required permit), and legal hookups through which illegal discharges occur. However, we agree that the provision is confusing, and have added the modifying phrase “except as authorized in section 15.12.050” at the end of section 15.12.070 to make it more clear. We have not modified section 15.12.050.8 to add “substructure dewatering” as you requested, precisely for the reason you state in your letter. That is, that type of activity is covered under the State General NPDES Permit, which is the exception provided by section 15.12.050.A, and therefore is not relevant to the exception found in subsection B. Thank you for your comments on our draft ordinance. We appreciate the input and opportunity to improve and clarify the language to eliminate potential future enforcement problems. Very truly yours, D. RICHARD RUD- Assistant City Attorney rmh c: Engineering Management Analyst . Cl-P OF CARLSBAD - AGENCI BILL ,;ix; ADOPTION OF ORDINANCE NO. NS-394 - STORM WATER MANAGEMENT AND DISCHARGE CONTROL DEPT. HD. &?, CITY ATTY CITY MGR. RECOMMENDED ACTION: EXHIBIT 3 Adopt Ordinance No. NS-394, amending the Municipal Code enacting a new chapter relating to Storm Water Management and Discharge Control. I ITEM EXPLANATION Ordinance No. NS-394 was introduced at the regular City Council meeting of January 28, 1997. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda BillNo. 14,024 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-394 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 ORDINANCE NO. NS-394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 1.08.010 AND ENACTING A NEW CHAPTER 15.12 RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL. WHEREAS, an ordinance providing the City of Carisbad with the legal authority to enforce its stormwater program is required pursuant to NPDES Permit No. CA 0108758, Order No. 90-42 issued by the California Regional Water Quality Control Board, San Diego Region; and, WHEREAS, reducing pollution in the City’s stormwater conveyance system may protect and enhance the water quality of local watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act; and, WHEREAS, the revised proposed Storm Water Management and Discharge Control Ordinance is not considered a project and is not subject to review per Sections 15378(b) and 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl&ad, California, does ordain as follows: SECTION 1: That § 1.08.010 (a) of the Cadsbad Municipal Code be amended to add “15. iI? to the list of Chapters designated. SECTION 2: That Title 15, Chapter 15.12 of the Carl&ad Municipal Code is enacted to read as follows: Ill t/t //I Ill I// /// Ill Ill ; 2 4 5 6 7 a 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 Sections: 15.12.010 1512.020 15.12.030 15.12.040 15.12.050 15.12.060 15.12.070 15.12.060 15.12.090 15.12.100 15.12.110 15.12.120 15.12.130 15.12.140 15.12.150 15.12.160 15.12.170 15.12.160 15.12.190 CHAPTER 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Purpose and Intent Definitions Administration Construction and Application Discharge of Pollutants Discharge in Violation of Permit Illicit Connections Reduction of Pollutants Contacting or Entering Storm Water Required Watercourse Protection Authority to Inspect Inspection Procedures- Additional Requirements Containment, Cleanup, and Notification of Spills Testing, Monitoring or Mitigation Required- When. Concealment Administrative Enforcement Powers Administrative Notice, Hearing, and Appeal Procedures Judicial Enforcement Violations Deemed a Public Nuisance Remedies Not Exclusive 15.12.010 Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by A. Prohibiting non-storm water discharges to tha storm water conveyance system. 6. Eliminating discharges to the storm water conveyance system from spiils, dumping or disposal of materials other than storm water or permitted or exempted discharges. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas (Urban Runoff), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this ordinance is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and California Regional Water Quality Control Board NPDES Permit No. CAO106756, Order 90-42 and any amendment, revision or reissuance thereof. 15.12.020 De#initions. When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section: A. “Basin Plan” means the Comprehensive Water Quality Control Plan for the San Diego Basin adopted by the Regional Water Quality Control Board, San Diago Region (July 1975) and approved by the State Water Resources Control Board, together with subsequent amendments. 8. “Best Management Practices or (MP)” means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintanance procedures, and Other management practices to prevent or reduce to the maximum extant practicable (MEP) the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage OT leaks, sludge or waste disposal, or drainage from raw materials storage. C. “Building Permit” shall mean a permit issued pursuant to Chapter 18.04. 0. “California Ocean Plan” means the California Ocean Plan: Water Quality Control Plbsl for Ocean VWers of California adopted by the State Water Resources Contrd Board September 1991 and any subsequent amendments. E. “Clean Water Act” shall mean the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by 1 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 Public Laws 95217, 95576, 96-483, and 95117 (33 USCA Section 1251 et seq.), and any subsequent amendments. F. “County Health Cf%er” shall mean the Health Officer of the County of San Diego Department of Public Health or designee. G. “Development” shall mean: 1. The placement or erection of any solid material or structure on land, in water, or under water; 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 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, 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; 5. A change in the intensity of the use of water, or of access thereto; 6. The COMtfUCtiOll, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and, 7. The removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, Wucture” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmissim and distribution line. (Source: Government code section 65927). H. “Employee Training Program” means a documented employee training program for ail persons responsible for implementing a Storm Water Pollution Prevention Plan. The Employee Training Program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on-site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. I. “Enforcement Agenc)r shall mean the City of Carl&ad or its authorized agents charged with ensuring compliance with this chapter. J. “Enforcement Official” shall mean the City Manager or his or her designee. K. “Hazardous Materials” shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitlzer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. L “Illicit Connection” means any urrpermitted or undocumented physical . come&on to the storm water conveyance system which has not been approved by the City of Carl&ad, or any connection which drains illegal discharges either directly or indirectly into a storm water conveyance system. M. “Illegal Discharge” means any no+pennitted or norwxempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or iocai reguiation!3, laws, codes, or ordinances, or degrades the quality of receiving waters in violation of Basin Plan and Caiifomia Ocean Plan standards. N. “Maximum Extent Practicable” shall mean, with respect to Best Management Practices (BMPs), an individual BMP or group of BMPs which address a Pollutant of 2 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 concern, which have a cost of implementation reasonably related to the pollution control benefits achieved, and which are technologically feasible. 0. “National Pollution Discharge Elimination System (NPDES) Permit” shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board NPDES Permit No. CA01 03758, Order 90-42 and any amendment, revision or reissuance thereof. 2. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities’ 3. NPDES General Permit for Storm Water Discharges Associated with Construction Activity; and, 4. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits (Order Numbers 91-10 and 90-31). P. “Non-Storm water Discharge” means any discharge to the storm water conveyance system that is not entirely composed of storm water. Q. “NPDES General Permit” shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities; and, 2. NPDES General Permit for Storm water Discharges Associated with Con&u&on Activity. R. “Order No. 90-42”, dated July 16, 1990, shall mean California Regional Water Quality Control Board NPDES Permit No. CAO108758, Order 90-42 and any amendment, revision or reissuanca thereof, together with all amendments, and which is on file in the office of the City Clerk. S. “Parking Lot” shall mean an open area, other than a street or other public way, used for the parking of mottized vehicles, whether for a fee or free, to accommodate clients or customers or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes, 3 mobile homes, dormitories, group quarters, etc.). T. “Person” shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the Sate of California and the United States of America. U. “Pollutant” includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in violation of Basin Plan and California Ocean Plan standards such as fetal coliform, fetal streptococcus, enterococcus, volatile organic carbon o/QC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TQC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and b&ides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of Basin Plan and California Ocean Plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (SQD), chemical oxygen demand (COD), nutrients, and temperature. V “Premises” means any building, lot parcel, real estate, land or portion of land whether improved or unimproved. W. “Receiving Waters” means surface bodies of water, which s8Ne as discharge points for the storm water conveyance system, including tha Batiquitos Lagoon, Agua Heclionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean. X “Storm Water” shall mean surface runoff and drainage associated with storm events and snow melt prior to contact with urban areas, agricultural areas, and/or other areas in which the natural environment has been significantly disturbed or altered, either directly or indirectly, as a result of human activity (also see definition for “Non-Storm water”). For tha purposes of this Chapter, Storm Water runoff and drainage from areas that are in a natural state, have not been 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 20 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. Y. “Storm Water Conveyance System” includes, but is not limited to those municipal facilities within the City of Carlsbad by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels or storm drains. Z. “Storm Water Pollution Prevention Plan” means a document which describes the on-site program activities to eliminate or reduce to the maximum extent practicable, pollutant discharges to the storm water conveyance system. A Storm Water Pollution Prevention Plan prepared and implemented pursuant to any NPDES Storm Water permit shall meet the definition of a Storm Water Pollution Prevention Plan for the purposes of this Chapter. AA. ‘Watercourse” means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. Wercoursa” doas not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, amyo or wash. 66. Wet Season” means October 15 through April 15. CC. Wetlands” shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under notmal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 4 15.12.030 Administration The Enforcement Cfficial shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be delegated by the Enforcement Qfficial to Persons in the employ of the City, or pursuant to contract. When deemed necessary by the Enforcement Cfficial, the Enforcement Qfficial shall prepare and present to the City Council for approval regulations consistent with the general policies established herein by the City Council. The Enforcement Official shall enforce Council approved regulations necessary to the administration of this ordinance, and may recommend that the Council amend such regulations from time to time as conditions require. 15.12.040 Construction and Appliwtion This Chapter shall be interpreted to assure consistency with the requirements of the federal Clean Watar Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and California Regional Water Quality Control Board NPDES Permit No. CA0108756 Order 9&42 and any amendment, revision or reissuance thereof. 15.12050 Discharge of Pollutants The discharge of non-storm water discharges to the storm water conveyance system or to any other conveyance system which discharges into receiving water is prohibited, except as specified below: 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 Coda, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations. 8. Discharges from tha following activities will not be considered a sourca of pollutants to waters of the United States when properly managed: water line flushing; landscapa irrigation; diverted stream flows; rising ground waters; uncontaminated ground watar infiltration [as defined at 40 CFR 35.2005(20)] to storm water conveyance systems; uncontaminated pumped ground Watt discharges from 51 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 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. C. The prohibition of discharges shall not apply to any discharge which the City of Carlsbad or the county health officer, and/or the Regional Water Quality Control Board determine are necessary for the protection of the public health and safety. 15.12.060 Discharge in Violation of Pemit Any discharge that would result in or contribute to a violation of California Regional Water Quality Control Board NPDES Permit No. CAOlO6756, Order 90-42 and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the parson(s) causing or responsible for the discharge. 1512.070 illicit Connections It is prohibited to establish, use, maintain, or continue illicit connections to the storm water conveyance system, regardless of whether such connections were made under a permit or othar authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection except as authorized in section 15.12650. 15.12080 Reduction of Pollutants Contacting or Entering Storm Water Required. A. it is unlawful for any Person not to utilize Best Management Practices to the Ma>cimum Extent Practicable to eliminate or reduce Pollutants entering the Cit)rs Storm Water Conveyance System. 8. In order to reduce the risk of Nor+ Storm Water or Pollutant discharges to the City’s Storm Water Conveyance System, the following minimum Best Management Practices shall be implemented: 1. Commercial and Industrial Business-Related Activities. storm water Pollution Prevention zan: When the Enforcement 5 Official determines that a business or business-related activity causes or significantly contributes to violation of the water quality standards set forth in the Basin Plan or California Ocean Waters Plan, or conveys Significant Quantities of Pollutants to Receiving Waters, then the Enforcement Official may require the business to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perfOl7ll maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors. b. Coordination with Hazardous Materials Response Plans and Inventory: Any business subject to the Hazardous Materials inventory and response program pursuant to Chapter 6.95 ‘of the California Health and Safety Coda, shall include provisions for compliance with this Chapter in its Hazardous Materials Response Plan, including prohibitions of unlawful Non-Storm Water discharges and Illegal Discharges, and provisions requiring the use of Best Management Practices to reduce the discharge of Pollutants in Storm w4ter. Impervious Surfaces: Persons ownkg or operating a Parking Lot or an impervious surface (including, but not limited to, senrice station pavements or paved private streets and roads) used for automobile-related or similar purposes shall clean those surfaces as frequently and as thoroughly as is necessary, in accordance with Best Management Practices, to prevent the discharge of Pollutants to the Cit)zs Storm Water Conveyance System. Sweepings or cleaning residue from Parking Lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any Storm Water conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste procedures and practices. 2. Activities not Otherwise Regulated by Subsection B. 1. a. Any person engaged in bmiopment or other activity not covered by Subsection B.l in the City of Carl&ad shall utilize Best Management Practices to prevent Pollutants from entering the Storm 5; 1 2 3 4 5 6 7 _ 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Water Conveyance System by complying with all applicable local ordinances, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-0sDWQ), and any subsequent amendments. b. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the storm water conveyance system to the maximum extent practicable, but not less than once prior to each wet season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. 15.12.090 Watercourse Protection 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 waterwurse to erosion. 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. 15.12.100 Authority to inspect A. During normal and reasonable hours of operation, the Enforcement Officer shall have the authority to make an inspection to enforce the provisions of this Chapter, and to ascertain whether the purposes of this Chapter are being met. An inspection may be made after the designated representative of the City of Carl&ad has presented proper credentials and the owner and/or occupant authorizes entry. If the City of Carisbad representative is unable to locate the owner or other persons having charge or control of the premises, or the owner and/or occupant refuses the request for entry, the City of Carl&ad is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry. After obtaining legal entry, the representative of the City of Carisbad may 1. inspect the premises at all reasonable times. 2. Carry out any water sampling activities necessary to enforce this Chapter, induding taking water samples from the prop&y of any person which any autkwized representative of the City of Carl&ad reasonably believes is currently, or has in the past, caused or contributed to causing an illegal storm water discharge to the storm water conveyance system. Upon request by the proper@ owner or his/her authorized representative, split water samples shall be given to the person from whose property the samples were obtained. 6 21 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 I 3. Stop and inspect any vehicle reasonably suspected of causing Or contributing to an illegal discharge to the storm water conveyance system. 4. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illegal discharge or whether the requirements of this chapter are met. 5. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site connection, or condition believed to contribute to storm water pollution or constitute a violation of this Chapter. 6. Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared by a facility operator, if such a plan is required of the facility. 7. Require the facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the facility, if such monitoring is required of the facility. 6. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this ordinance, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illegal discharges, discharge of non-storm water to the storm water system, or similar factors. 15.12.110 Inspection Procedures- Additional Requirements. During the inspection, the Enforcement Official shall comply with ail reasonable security, safety, and sanitation measures. In addition, the Enformnent Official shall comply with reasonable precautionary measures specified by the owner and/or occupant or facility operator. At the conclusion of the inspection, and prior to leaving the site; the Enforcement Official shall make every reasonable effort to review with the owner and/of occupant of the facility operator each of the violations noted by the Enforcement Official and any corrective actions that may be necessary A report listing any violation found by the Enforcement Official during the inspection shall be kept on file by the Enforcement Agency A copy of the report shall be provided to the owner and/or occupant or facility operator, or left at the Premises if no Person is available. If corrective action is required, then the occupant, facility owner, and/or facility operator shall implement a plan of corrective action based upon a written plan of correction, submitted to the Enforcement Agency, which states the corrective actions to be taken and the expected dates of completion- Failure to implement a plan of correction constitutes a violation of this Chapter. All Enforcement Officials shall have adequate identification. Enforcement Officials and other authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. with the consent of the property owner or occupant or pursuant to a search warrant, the Enforcement Qfficial is authorized to establish on any property that discharges directly or indirectly to the municipal Storm Water Conveyance System such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official my take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite. 15.12120 Containment, Cleanup, and Notification of Spills. It is unlawful for any Person owning or occupying any Premises who has knowledge of any release of Significant Quantities of materials, Pollutants, or waste which may result in Pollutants or Non-Storm Water discharges entering the Cit)rs Storm Water Conveyance System to not immediately take ail reasonable action to contain, minimize, and clean up such release. Such Person shall notify the City of Carl&ad of the occurrence and/or cdunty of San Diego Department of Health Services/Environmental Health Services Hazardous Materials Management Division, and any other apptqxiate agency of the occurrence as soon as possible, but no later than 24 hours from the time of the incident’s occurrence. 8 1 : ‘ I . f i t E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.12.130 Testing, Monitoring or Mitigation Required-When. A. The Enforcement Official may require that any Person engaged in any activity and/or owning or operating any facility which causes or contributes to Storm Water pollution or contamination, Illegal Discharges, and/or discharge of Non-Storm Water to the Storm Water Conveyance System perform monitoring, including physical and chemical monitoring and/or analyses and furnish reports as the Enforcement Official may specify if: 1. The Person, or facility owner or operator, fails to eliminate Illegal Discharges within a specified time after receiving a written notice to do so by the Enforcement Official. 2. The Enforcement Official has documented repeated violations of this Chapter by the Person or facility owner or operator which has caused or contributed to Storm Water pollution. It is unlawful for such Person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear a relationship to the types of Pollutants which may be generated by the Person’s activities or the facility’s operations. If the Enforcement Agency has evidence that a Pollutant is originating from a specific Premises, then the Enforcement Agency may require monitoring for that Pollutant regardless of whether said Pollutant may be generated by routine activities or operations. The Person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any Persons required to monitor pursuant to Paragraph A, above, shall implement a Storm Water monitoring program including, but not limited to, the following: 1. Routine visual monitoring for dry weather flows. 2. Routine visual monitoring for spills which may pollute Storm Water runoff. 3. A monitoring log including monitoring date, potential pollution sources, as noted in 1 and 2, and a description of the mitigation measures taken to eliminate any potential pollution sources. C. The Enforcement Official may require a Person, or facility owner or 8 operator, to install or implement Storm Water pollution reduction or control measures, including, but not limited to, process modification to EdUCX the generation of Pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City of Carlsbad if: 1. The Person, or facility owner or operator fails to eliminate Illegal Discharges after receiving a written notice from the Enforcement Official. 2. The Person, or facility owner or operator, fails to implement a Storm Water Pollution Prevention Plan, as required by the Enforcement Ofticial. 3. The Enforcement Official has documented repeated violations of this Chapter any such Person or facility owner or operator which has caused or wntributed to Storm Water pollution. 0. If testing, monitoring or mitigation required pursuant to this Chapter are deemed no longer necessary by the Enforcement Official, then any or all of the requirements contained in Paragraphs A, B, and C may be discontinued. E. A Storm Water monitoring program prepared and implemented pursuant to any State-issued NPDES General Permit shall be deemed to meet the requirements of a monitoring program for the purposes of this Chapter. 15.12140 Concealment Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is unlawful and shall constitute a separate violation of this Chapter. 15.12.150 Administrative Enforcement Powers Ellfozn Enforcement Agency and ent Off~ciai can exercise any enforcement powers as provided in Chapter 1.68 of this Code. In addition to the general enforcement powers provided in Chapter 1.08 of this Code, the Enforcement Agency and Enforcement Official have the authority to utilise the following administrative remedies as may be necessary to enforce this Chap& A. Cease and Desist Orders. When the Enforcement Official finds that a discharge has taken place or is likely to take place in violation of this Chapter, the S-S 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 - Enforcement Official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those Persons not complying shall: 1. Comply with the applicable provisions and policies of this Chapter. 2. Comply with a time schedule for compliance. 3. Take appropriate remedial or preventive action to prevent the violation from recurring. 6. Notice to Clean and Abate. Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in Pollutants entering the Civs Storm Water Conveyance System or a Non-Storm Water discharge to the Citys Storm Water Conveyance System, the Enforcement Official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. c. storm water Poilution Prevention Plan, The Enforcement Official shall have the authority to establish elements of a Storm Water Pollution Prevention Plan, and to require any owner or occupier of any Premises to adopt and implement such a plan pursuant to Section 15.12.08O.B.l.a., as may be reasonably necessary to fulfil1 the purposes of this Chapter. D. Employee Training Program. The Enforcement Official shall have the author@ to establish elements of an Employee Training Program, as may be necessary to fulfill the pwposes of this Chapter, where such a Program has been required as an element of a Stann Water Pollution Prevention Plan. E. Civil Penalties. Any Person who violates any of the provisions of this Chapter of who fails to implement a Storm water monitoring plan, vioiates any cease and desist order or Notice to Clean and Abate, of fails to adopt or implement a Storm Water Pollution Prevention plan as directed by the Enforcement Official shall be liable for a civil penalty not to exceed $1,000 for each day such a violation exists. The violator shall be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation, for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the Enforcement Agency may utilize the lien procedures listed in section 15.12.160.C.6 to enforce the violator’s liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. 15.12.160 Administrative Notice, Hearing, and Appeal Procedures. A. Unless otherwise provided herein, any notice required to be given by the Enforcement Official under this chapter shall be in writing and served in person or by registered or certified mail. If sewed by mail, the notice shall be sent to the last address known to the Enforcement Off&t. Where the address is unknown, service may be made upon the owner of record of the prop&y involved. such notlce shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service whether or not the registered of certified mail is accepted. B. When the Enfomement Official determines that a violation of one or more provisions of this chapter exists or has ==Jfw any violator(s) of property owner(s) of record shall be served by the Enfcxcment Official with a written Notice and Order. The Notice and Order shall state the Municipal Code Section violated, describe how violated, the location and date(s) of the vidatlon(s), and describe the com3ctlveactlonrequlred. TheNotlceand Order shall require immediate cofrective 2~ WW&idaW&~ FM?) of administmtive enforcment are being utilized by the Enforwnent Official: Cease and Desist Order, Notice to Clean and Abate, establishment of a Storm water Polluticm Prevention plan, andlor establishment of an Employee Training Program. The Notice and Order shall also explain the v of failure to comply, including that civil penalties shall begin to immediately accrue if compliance is not achieved within 9 Sb ; : 4 e * e 7 a 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 ten (10) days from the date the Notice and Order is issued. The Notice and Order shall identify all hearing rights. The Enforcement Official may propose any enforcement action reasonably necessary to abate the violation. C. If the violation(s) is not corrected within ten (10) days from the date the Notice and Order is issued, the Enforcement Official shall request the City Manager to appoint a Hearing Officer and fix a date, time, and place for hearing. The Enforcement Official shall give written notice thereof to the violator(s) or owner(s) of record, at least ten (10) days prior to the date for hearing. 1. The Hearing Officer shall consider any written or oral evidence presented to determine whether the violation(s) exists, a Cease and Desist Order should be required, a Notice to Clean and Abate should be required, a Storm Water Pollution Prevention Plan should be required, an Employee Training Program should be required, and/or Civil Penalties should be imposed, consistent with rules and procedures for tha conduct of hearings and rendering of decisions established and promulgated by the City Manager. 2. In determining whether action should be taken or the amount of a civil penalty to be imposed, the Hearing officer may consider any of the fdlowing factors: a. Duration of the violation(s). b. Frequency or recunence. c. Seriousness. d. History. e. Vidator’s conduct after issuance of the Notice and Order. f. Good faith effort to -vhf- g. Economic impact of the penalty on the violator(s). h. Impact of the vidation on the community. i. Any othar factor which justice may require. 3. If tha vidator(s) or owner(s) of record fail to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the Notice and Order. 4. The Hearing officw shall render a written decision within ten (10) days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any. The decision shall be effective immediately unless otherwise stated in the decision. The Hearing Officer shall cause the decision to be served on the Enforcement Official and all participating violators or owners of record. 5. If the persons assessed civil penalties fail to pay them within the time specified in the Hearing Officer’s decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the Enforcement Official. If the violation(s) is not corrected as directed the civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $100,000 in the aggregate. When tha violation is subsequently corrected, the Enforcement Official shall notify the violator(s) and/or wner(s) of record of the outstanding civil penalties and provide an opporktnity for hearing if the amount(s) is disputed within ten (10) days from such notice. 6. The Enforcement Official shall take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil acth to recover said funds. If collected as a lien, the Enforcment Official shall cause a notice of lien to be filed with the County Recorder, inform the County Auditor and County Recorder of the amount of the obligation, a description of the real prop&y upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Enforcement Official shall file a release of lien with the County Recorder. 15.12170 Judicial Enforcement. A. Criminal Penalties. Any person who vidates any provision of this Chapter or who fails to implement a Storm Water monitoring pian, vidates any cease and desist order or Notice to Clean and Abate, or fails to adopt or implement Storm water Pollution Prevantion Plans or Employee Training Programs as directed by the Enforcement Official shall be punished, upon conviction, byafir?anottoexceed$l,~foreachday in which such vidation occurs, or imprisonment in tha San Diego County jail 10 5 . 1 : : 4 c . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - for a period not to exceed six (6) months, or both. B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the Storm Water Conveyance System is in violation of the provisions of this Chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuance of such discharge. C. Other Civil Action. whenever a Notice and Order or Hearing Officer’s decision is not complied with, the City Attorney may, at the request of the Enforcement Official, initiate any appropriate civil action in a court of competent jurisdiction to enforce such Notice and Order and decision, including the recovery of any unpaid Storm Drain Fees and/or civil penalties provided herein. 15.12.180 Violations Deemed a Public Nuisance. In addition to the other civil and criminal penalties provided herein, any condition I!! I!! //I II/ Ill /it I// iii Ill /II /// Ill 11 caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the Enforcement Official in accordance with the procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the City, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the proper& and the cost thereof shall be a lien upon and against the property in accordance with the procedures set forth in section 15.12.16O.C.6. 15.12190 Remedies Not Exclusive. 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/of the State Porter-Cologne Water Quality Control Act. The seeking of such federal and/or state remedies shall not preclude the simukaneous commencement of proceedings pursuant to this Chapter. : : L c . E 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 20 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption and the City Clerk, City of Carl&ad, shall certify to 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. INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 28th day of January , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Council held on the 4th day of February I 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSENT: Council Member Kulchin ATTEST 12 (=w 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 RESOLUTION NO. 97-39 EXHIBIT 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGUM TO ADOPT THE CITY’S STORMWATER ORDINANCE AS AN IMPLEMENTING ORDINANCE FOR CARLSBAD’S LOCAL COASTAL PROGRAM. CASE NAME: STORMWATER ORDINANCE CASE NO: LCPA 96-09 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Municipal Code regulations for properties in the Coastal Zone be in conformance; and WHEREAS, a verified application for an amendment to the Local Coastal Program, as shown on Exhibit “X”, dated January 28, 1997, attached and incorporated herein, has been filed with the City Council; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Ekhibit “X”, dated January 28, 1997, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the City Council did on the 28th day of January 1997, hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment shown on Exhibit “X”, dated January 28,1997, attached hereto; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Program Amendment. 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 WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, as follows: A) B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on August 22. 1996, and ending on October 4, 1996, staff shall present to the City Council a summary of the comments received, No public comments have been received. 0 That based on the evidence presented at the public hearing, the City Council approves LCPA 96-09 as shown on Exhibit “X”, dated January 28, 1997, attached hereto and made a part hereof based on the following findings: Findings: 1. 2. 3. . . . . . . . . . . . . . . . That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the City of Carlsbad Local Coastal Program (LCP), in that the Stormwater Ordinance will supplement the existing Carlsbad LCP Drainage and Erosion Control policies by prohibiting non-stormwater discharges (spills, illegal dumping and illicit connections) to the stormwater conveyance system and reduce pollutants from urban IlUlOff. That the proposed amendment to Carlsbad’s Local Coastal Program is required to maintain consistency between the City’s Municipal Code and its Local Coastal Program. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15308 and 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. -2- 6 1 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 28th day of January 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: -3- STATE OF CALIFORNIA-THE RESOURCES AGENCY- CALIFORNIA COASTAL COMMISSION Pm WILSON, Gowmor SiN OKGO COAST AREA EXHIBIT 5 3 11 I CAMIN ML RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) S21-8036 July 20, 1998 . .._ _. -. .%.,_ . ; :’ -- -5’ -.. ,-! 6 ., I-). p~~v~>rl”’ ‘! . . , : ‘?; i -I .?.. ., : F 1 9 .., [i.:- : ; , ‘. >’ c: j ,- : ; ‘WJ’JI ;,*,; . q i. ,. . ._ . /’ ‘Gi -. ,‘.$I .‘.C ‘% 1 -- ...a ;;/’ Gary Wayne Asst. Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Certification of Carlsbad LCP Amendment #l-98C Dear Mr. Wayne, On July 8, 1998, the California Coastal Commission approved the above amendment which included the "Drive-Thru Restaurants", "Stormwater Management" and "Incidental Outdoor Dining Areas" amendments. In its action, the Commission approved the submittal with suggested modifications; the suggested modifications are attached in their final form for youi review and the City's adoption. Relative to the Stormwater Management amendment, there were technical clarifications adopted that relate to the ordinance's date of effectiveness and citation for the Water Quality Control Plan for Ocean Waters of California as adopted by the State Water Resources Control Board; that all forms of development be subject to the ordinance, including lot splits; that a "hazardous material" be defined as one that may "substantially contribute" to substantial injury; that proof of compliance with a discharge pollutant permit may be required if deemed necessary by the City; and landowners shall be responsible for maintaining that portion of a watercourse that is within their property lines to protect against erosion and degradation of the watercourse. Relative to the Incidental Outdoor Dining Areas amendment, a suggested g: edification was approved that provides that on sites located west of the :* railroad right-of way and outside of the Village Redevelopment Area,.+ "incidental outdoor dining areas" shall be allowed only where the existing * indoor restaurant provides on-site parking in compliance with the parking .- provislons of the certffied local coastal program.- Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment request was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is required to satisfy them, such as rezonings or other ordinance revisions. 63 Gary WayneKarlsbad LCPA l-98C July 16, 1998 Page 2 As soon as the necessary documentation is received in this office, and accepted, the Ex‘ecutive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission's action or this final certification procedure, please contact Bill Ponder in this office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. Sincerely, &a-& Deborah N. Lee Deputy Director . (5181L) cc : Mike Grim Sherilyn Sarb STATE ai: CALIFORNIA-THE RESOURCES AGEh-. CALIFORNIA COASTAL COMMISSION SAN MEGO COAST AREA 3111 CAMNO ML RIO NORTH, SUITE 200 SAN DIEGO, CA 921OE1725 (619) 5214036 CARLSBAD LCP AMENDMENT l-98C (STORMWATER MANAGEMENT AND INCIDENTAL OUTDOOR DINING AREA REVISIONS) COASTAL COMMISSION ADOPTED SUGGESTED MODIFICATIONS ADOPTED JULY 8, 1998 (Page 1 of 2) STORMWATER MANAGEMENT ORDINANCE - Imolementation Plan Revisions 1. Under Definitions, Section 15.12.020.D (California Ocean Plan) shall be revised to read as follows: "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. 2. Under Definitions, Section 15.12.020.G.4 (Development) shall be revised to read as follows: c "Development shall mean”1 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,.incl,uding 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; 3. Under Definitions, Section 15.12.020.K (Hazardous Materials) shall be revised to read as follows: "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. 4. Under Discharge of Pollutants, Section 15.12.050.A shall be revised to read as follows: 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. Carlsbad LCPA l-98C/Sug. Mods. Adopted July 8, 1998 Page 2 5. Under Discharge of Pollutants, Section 15.12.050.8 shall be revised to read as follows: Discharges from the following activities will not be considered as 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 water flows;... 6. Under Watercourse Protection, Section 15.12.090 shall be revised to read as follows: 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 obstac-les which would pollute, contaminate, or signficantly 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. 7. Under Remedies Not Exclusive, Section 15.12.190 shall be revised to read as follows: 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. INCIDENTAL OUTDOOR DINING AREAS ORDINANCE - Implementation Plan Revisions 8. Section 21.04.188.1 of the Carlsbad Municipal Code shall be revised to read as follows: . ..Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. On properties located west of the railroad right-of-way and outside of the Village Redevelopment Area, "incidental outdoor dining areas" shall be allowed only where the existing indoor restaurant, bona fide eating establishment of deli provides on-site parking in compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinance) of the Municipal Code. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way).... (5182L) -? EXHIBIT LCPA 96=09(A) SHOWING PROPOSED CHANGES TO EXHIBIT 6 Sections: 15.12.010 15.12.020 1512.030 1512.040 15.12.050 15.12.060 15.12.070 15.12.080 15.12.090 15.12.100 15.12.110 15.12.120 15.12.130 15.12.140 15.12.150 15.12.160 1512.170 15.12.180 15.12.190 CHAPTER 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Purpose and Intent Definitions Administration Construction and Application Discharge of Pollutants Discharge in Violation of Permit Illicit Connections Reduction of Pollutants Contacting or Entering Storm Water Required Watercourse Protection Authority to Inspect Inspection Procedures-- Additional Requirements Containment, Cleanup, and Notification of Spills Testing, Monitoring or Mitigation Required-- When. Concealment Administrative Enforcement Powers Administrative Notice, Hearing, and Appeal Procedures Judicial Enforcement Violations Deemed a Public Nuisance Remedies Not Exclusive 15.12.010 Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by: A. Prohibiting non-storm water discharges to the storm water conveyance system. B. Eliminating discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water or permitted or exempted discharges. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas (Urban Runoff), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this ordinance is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and California Regional Water Quality Control Board NPDES Permit No. CA0108758, Order 90- 42 and any amendment, revision or reissuance thereof. 1512.020 Definitions. When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section: A. “Basin Plan” means the Comprehensive Water Quality Control Plan for the San Diego Basin adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the State Water Resources Control Board, together with subsequent amendments. “Best Management Practices or (BMpBj” means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable (MEP) the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. “Building Permit” shall mean a permit issued pursuant to Chapter 18.04. D. “California Ocean Plan” means the 1 67 h California Ocean Plan: Water Quality Control Plan for Ocean Waters of California adopted by the State Water Resources Control Board Septembb&I effect&e, July 23;’ :/I997 and any subsequent amendments. E. “Clean Water Act” shall mean the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section 1251 et seq.), and any subsequent amendments. F. “County Health Officer” shall mean the Health Officer of the County of San Diego Department of Public Health or designee. G. “Development” shall mean: 1. The placement or erection of any solid material or structure on land, in water, or under water; 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 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 llot,: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; 5. A change in the intensity of the use of water, or of access thereto; 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and, 7. The removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927). H. “Employee Training Program” means a documented employee training program for all persons responsible for implementing a Storm Water Pollution Prevention Plan. The Employee Training Program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system. 6. Identification of all on-site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. I. “Enforcement Agency” shall mean the City of Carlsbad or its authorized agents charged with ensuring compliance with this Chapter. J. “Enforcement Official” shall mean the City Manager or his or her designee. 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 . . . ..I_..: of substances may cause;’ or substantially’ contribute to, substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. L. “Illicit Connection” means any un-permitted or undocumented physical connection to the storm water conveyance system which has not been approved by the City of Carlsbad, or any connection which drains illegal discharges either directly or indirectly into a storm water conveyance system. M. “Illegal Discharge” means any 2 - - non-permitted or non-exempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation of Basin Plan and California Ocean Plan standards. N. “Maximum Extent Practicable” shall mean, with respect to Best Management Practices (BMPs), an individual BMP or group of BMPs which address a Pollutant of concern, which have a cost of implementation reasonably related to the pollution control benefits achieved, and which are technologically feasible. 0. “National Pollution Discharge Elimination System (NPDES) Permit” shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof. 2. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities’ 3. NPDES General Permit for Storm Water Discharges Associated with Construction Activity; and, 4. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits (Order Numbers 91-I 0 and 90-31). P. “Non-Storm Water Discharge” means any discharge to the storm water conveyance system that is not entirely composed of storm water. Q. “NPDES General Permit” shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES General Permit for Storm Water Discharges Associated with Industrial Activities; and, 2. NPDES General Permit for Storm Water Discharges Associated with Construction Activity. R. “Order No. 90-42”, dated July 16, 1990, shall mean California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof, together with all amendments, and which is on file in the office of the City Clerk. S. “Parking Lot” shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, townhomes, mobile homes, dormitories, group quarters, etc.). T. “Person” shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the Sate of California and the United States of America. U. “Pollutanr includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in violation of Basin Plan and California Ocean Plan standards such as fetal coliform, fetal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. A pollutant also includes any contaminant which degrades the quality of the receiving waters in violation of Basin Plan and California Ocean Plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature. V. “Premises” means any building, lot parcel, real estate, land or portion of land whether improved or unimproved. W. “Receiving Waters” means surface bodies of water, which serve as discharge points for the storm water conveyance system, including the Batiquitos Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, 3 6f - reservoirs, lakes, estuaries, and the Pacific Ocean. X. “Storm Water” shall mean surface runoff and drainage associated with storm events and snow melt prior to contact with urban areas, agricultural areas, and/or other areas in which the natural environment has been significantly disturbed or altered, either directly or indirectly, as a result of human activity (also see definition for “Non-. Storm Water”). 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. Y. “Storm Water Conveyance System” includes, but is not limited to those municipal facilities within the City of Carlsbad by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels or storm drains. Z. “Storm Water Pollution Prevention Plan” means a document which describes the on-site program activities to eliminate or reduce to the maximum extent practicable, pollutant discharges to the storm water conveyance system. A Storm Water Pollution Prevention Plan prepared and implemented pursuant to any NPDES Storm Water permit shall meet the definition of a Storm Water Pollution Prevention Plan for the purposes of this Chapter. AA. “Watercourse” means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. “Watercourse” does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. BB. “Wet Season” means October 15 through April 15. CC. “Wetlands” shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 1512.030 Administration The Enforcement Official shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be delegated by the Enforcement Official to Persons in the employ of the City, or pursuant to contract. When deemed necessary by the Enforcement Official, the Enforcement Official shall prepare and present to the City Council for approval regulations consistent with the general policies established herein by the City Council. The Enforcement Official shall enforce Council approved regulations necessary to the administration of this ordinance, and may recommend that the Council amend such regulations from time to time as conditions require. 15.12.040 Construction and Application This Chapter shall be interpreted to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and California Regional Water Quality Control Board NPDES Permit No. CA01 08758, Order 90-42 and any amendment, revision or reissuance thereof. 1512.050 Discharge of Pollutants The discharge of non-storm water discharges to the storm water conveyance system or to any other conveyance system which discharges into receiving water is prohibited, except as specified below: 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 Z ti coi7irpWajA93ei;;/, Miith‘ i : ~Fcl permit .ni~)i ‘_i bs :.I::: m&i&d.; in ;:g form acjoeptable :$@ltt-je.: city;pf .I, ii::: C@f&ad: @@i, ;y as ” qjfl&jon &f,& subd&is&!.;map, Site plan, building :pen~&, or, ,I d&&F@?t impfpvem&t ‘$I&;; ’ ‘sib& inspection . ..of the” ‘facility; during any &f&r&$& p&@ng or action; *r for any other reasonable! @#use. 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 &le#~n:i vrj’a@!r 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. C. The prohibition of discharges shall not apply to any discharge which the City of Carlsbad or the county health officer, and/or the Regional Water Quality Control Board determine are necessary for the protection of the public health and safety. 15.12.060 Discharge in Violation of Permit Any discharge that would result in or contribute to a violation of California Regional Water Quality Control Board NPDES Permit No. CAO108758, Order 90- 42 and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge. 15.12.070 Illicit Connections It is prohibited to establish, use, maintain, or continue illicit connections to the storm water conveyance system, regardless of whether such connections were made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection except as authorized in section 15.12.050. 15.12.080 Reduction of Pollutants Contacting or Entering Storm Water Required. A. It is unlawful for any Person not to utilize Best Management Practices to the Maximum Extent Practicable to eliminate or reduce Pollutants entering the City’s Storm Water Conveyance System. B. In order to reduce the risk of Non- Storm Water or Pollutant discharges to the City’s Storm Water Conveyance System, the following minimum Best Management Practices shall be implemented: 1. Commercial and Industrial Business-Related Activities. a. Storm Water Pollution Prevention Plan: When the Enforcement Official determines that a business or business-related activity causes or significantly contributes to violation of the water quality standards set forth in the Basin Plan or California Ocean Waters Plan, or conveys Significant Quantities of Pollutants to Receiving Waters, then the Enforcement Official may require the business to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perform maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors. b. Coordination with Hazardous Materials Response Plans and Inventory: Any business subject to the Hazardous Materials inventory and response program pursuant to Chapter 6.95 of the California Health and Safety Code, shall include provisions for compliance with this Chapter in its Hazardous Materials Response Plan, including prohibitions of unlawful Non-Storm Water discharges and 5 - Illegal Discharges, and provisions requiring the use of Best Management Practices to reduce the discharge of Pollutants in Storm Water. C. Impervious Surfaces: Persons owning or operating a Parking Lot or an impervious surface (including, but not limited to, service station pavements or paved private streets and roads) used for automobile-related or similar purposes shall clean those surfaces as frequently and as thoroughly as is necessary, in accordance with Best Management Practices, to prevent the discharge of Pollutants to the City’s Storm Water Conveyance System. Sweepings or cleaning residue from Parking Lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any Storm Water conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste procedures and practices. 2. Activities not Otherwise Regulated by Subsection B.l . a. Any person engaged in Development or other activity not covered by Subsection B-1 in the City of Carlsbad shall utilize Best Management Practices to prevent Pollutants from entering the Storm Water Conveyance System by complying with all applicable local ordinances, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments. b. Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the storm water conveyance system to the maximum extent practicable, but not less than once prior to each wet season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. 15.12.090 Watercourse Protection 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 responsibfe for ,maintaining that portion of the:wa@mwrse that is within thkir’tjioperty ljnes’/n order tot%otect %gainst ero#ofi~$nd i degrad&i@ii::bf the yat~xwt-$e ’ ixig&$hg or cantiib&ed f&m :th& pro&&. 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. 6 7% - - G. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game Stream Alteration Permit process. 15.12.100 Authority to Inspect A. During normal and reasonable hours of operation, the Enforcement Officer shall have the authority to make an inspection to enforce the provisions of this Chapter, and to ascertain whether the purposes of this Chapter are being met. An inspection may be made after the designated representative of the City of Carlsbad has presented proper credentials and the owner and/or occupant authorizes entry. If the City of Carlsbad representative is unable to locate the owner or other persons having charge or control of the premises, or the owner and/or occupant refuses the request for entry, the City of Carlsbad is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry. After obtaining legal entry, the representative of the City of Carlsbad may: 1. Inspect the premises at all reasonable times. 2. Carry out any water sampling activities necessary to enforce this Chapter, including taking water samples from the property of any person which any authorized representative of the City of Carlsbad reasonably believes is currently, or has in the past, caused or contributed to causing an illegal storm water discharge to the storm water conveyance system. Upon request by the property owner or his/her authorized representative, split water samples shall be given to the person from whose property the samples were obtained. 3. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illegal discharge to the storm water conveyance system. 4. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illegal discharge or whether the requirements of this chapter are met. 5. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site connection, or condition believed to contribute to storm water pollution or constitute a violation of this Chapter. 6. Review and obtain a copy of the Storm Water Pollution Prevention Plan prepared by a facility operator, if such a plan is required of the facility. 7. Require the facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the facility, if such monitoring is required of the facility. B. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this ordinance, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illegal discharges, discharge of non-storm water to the storm water system, or similar factors. 15.12.110 Inspection Procedures- Additional Requirements. During the inspection, the Enforcement Official shall comply with all reasonable security, safety, and sanitation measures. In addition, the Enforcement Official shall comply with reasonable precautionary measures specified by the owner and/or occupant or facility operator. At the conclusion of the inspection, and prior to leaving the site, the Enforcement Official shall make every reasonable effort to review with the owner and/or occupant or the facility operator each of the violations noted by the Enforcement Official and any corrective actions that may be necessary. A report listing any violation found by the Enforcement Official during the inspection shall be kept on file by the Enforcement Agency. A copy of the report shall be provided to the owner and/or occupant or facility operator, or left at the Premises if no Person is available. If corrective action is required, then the occupant, facility owner, and/or facility operator shall implement a plan of corrective action based upon a written plan of correction, submitted to the Enforcement Agency, which states the corrective actions to be taken and the expected dates of completion. Failure to implement a plan of correction constitutes a 7 73 violation of this Chapter. All Enforcement Officials shall have adequate identification. Enforcement Officials and other authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. With the consent of the property owner or occupant or pursuant to a search warrant, the Enforcement Official is authorized to establish on any property that discharges directly or indirectly to the municipal Storm Water Conveyance System such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official my take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite. 1512.120 Containment, Cleanup, and Notification of Spills. It is unlawful for any Person owning or occupying any Premises who has knowledge of any release of Significant Quantities of materials, Pollutants, or waste which may result in Pollutants or Non-Storm Water discharges entering the City’s Storm Water Conveyance System to not immediately take all reasonable action to contain, minimize, and clean up such release. Such Person shall notify the City of Carlsbad of the occurrence and/or County of San Diego Department of Health Services/Environmental Health Services Hazardous Materials Management Division, and any other appropriate agency of the occurrence as soon as possible, but no later than 24 hours from the time of the incident’s occurrence. 1512.130 Testing, Monitoring or Mitigation Required--When. A. The Enforcement Official may require that any Person engaged in any activity and/or owning or operating any facility which causes or contributes to Storm Water pollution or contamination, Illegal Discharges, and/or discharge of Non-Storm Water to the Storm Water Conveyance System perform monitoring, including physical and chemical monitoring and/or analyses and furnish reports as the Enforcement Official may specify if: 1. The Person, or facility owner or operator, fails to eliminate Illegal Discharges within a specified time after receiving a written notice to do so by the Enforcement Official. 2. The Enforcement Official has documented repeated violations of this Chapter by the Person or facility owner or operator which has caused or contributed to Storm Water pollution. It is unlawful for such Person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear a relationship to the types of Pollutants which may be generated by the Person’s activities or the facility’s operations. If the Enforcement Agency has evidence that a Pollutant is originating from a specific Premises, then the Enforcement Agency may require monitoring for that Pollutant regardless of whether said Pollutant may be generated by routine activities or operations. The Person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any Persons required to monitor pursuant to Paragraph A, above, shall implement a Storm Water monitoring program including, but not limited to, the following: 1. Routine visual monitoring for dry weather flows. 2. Routine visual monitoring for spills which may pollute Storm Water runoff. 3. A monitoring log including monitoring date, potential pollution sources, as noted in 1 and 2, and a description of the mitigation measures taken to eliminate any potential pollution sources. C. The Enforcement Official may require a Person, or facility owner or operator, to install or implement Storm Water pollution reduction or control measures, including, but not limited to, process modification to reduce the generation of Pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the City of Carlsbad if: 1. The Person, or facility owner or operator fails to eliminate Illegal Discharges after receiving a written notice from the Enforcement Official. - 2. The Person, or facility owner or operator, fails to implement a Storm Water Pollution Prevention Plan, as required by the Enforcement Official. 3. The Enforcement Official has documented repeated violations of this Chapter any such Person or facility owner or operator which has caused or contributed to Storm Water pollution. D. If testing, monitoring or mitigation required pursuant to this Chapter are deemed no longer necessary by the Enforcement Official, then any or all of the requirements contained in Paragraphs A, B, and C may be discontinued. E. A Storm Water monitoring program prepared and implemented pursuant to any State-issued NPDES General Permit shall be deemed to meet the requirements of a monitoring program for the purposes of this Chapter. 15.12.140 Concealment Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is unlawful and shall constitute a separate violation of this Chapter. 1512.150 Administrative Enforcement Powers The Enforcement Agency and Enforcement Official can exercise any enforcement powers as provided in Chapter 1.08 of this Code. In addition to the general enforcement powers provided in Chapter 1.08 of this Code, the Enforcement Agency and Enforcement Official have the authority to utilize the following administrative remedies as may be necessary to enforce this Chapter: A. Cease and Desist Orders, When the Enforcement Official finds that a discharge has taken place or is likely to take place in violation of this Chapter, the Enforcement Official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those Persons not complying shall: 1. Comply with the applicable provisions and policies of this Chapter. 2. Comply with a time schedule for compliance. 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean and Abate. Whenever the Enforcement Official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in Pollutants entering the City’s Storm Water Conveyance System or a Non-Storm Water discharge to the City’s Storm Water Conveyance System, the Enforcement Official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. C. Storm Water Pollution Prevention Plan. The Enforcement Official shall have the authority to establish elements of a Storm Water Pollution Prevention Plan, and to require any owner or occupier of any Premises to adopt and implement such a plan pursuant to Section 15.12.080.B.l .a., as may be reasonably necessary to fulfil1 the purposes of this Chapter. D. Employee Training Program. The Enforcement Official shall have the authority to establish elements of an Employee Training Program, as may be necessary to fulfil1 the purposes of this Chapter, where such a Program has been required as an element of a Storm Water Pollution Prevention Plan. E. Civil Penalties. Any Person who violates any of the provisions of this Chapter or who fails to implement a Storm Water monitoring plan, violates any cease and desist order or Notice to Clean and Abate, or fails to adopt or implement a Storm Water Pollution Prevention Plan as directed by the Enforcement Official shall be liable for a civil penalty not to exceed $1,000 for each day such a violation exists. The violator shall be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation, for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the Enforcement Agency may utilize the lien procedures listed in section 15.12.160.C.6 to enforce - - the violator’s liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. 15.12.160 Administrative Notice, Hearing, and Appeal Procedures. A. Unless otherwise provided herein, any notice required to be given by the Enforcement Official under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Enforcement Official. Where the address is unknown, service may be made upon the owner of record of the property involved. Such notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service whether or not the registered or certified mail is accepted. B. When the Enforcement Official determines that a violation of one or more provisions of this chapter exists or has occurred, any violator(s) or property owner(s) of record shall be served by the Enforcement Official with a written Notice and Order. The Notice and Order shall state the Municipal Code Section violated, describe how violated, the location and date(s) of the violation(s), and describe the corrective action required. The Notice and Order shall require immediate corrective action by the violator(s) or property owner(s) and explain which method(s) of administrative enforcement are being utilized by the Enforcement Official: Cease and Desist Order, Notice to Clean and Abate, establishment of a Storm Water Pollution Prevention Plan, and/or establishment of an Employee Training Program. The Notice and Order shall also explain the consequences of failure to comply, including that civil penalties shall begin to immediately accrue if compliance is not achieved within ten (10) days from the date the Notice and Order is issued. The Notice and Order shall identify all hearing rights. The Enforcement Official may propose any enforcement action reasonably necessary to abate the violation. C. If the violation(s) is not corrected within ten (10) days from the date the Notice and Order is issued, the Enforcement Official shall request the City Manager to appoint a Hearing Officer and fix a date, time, and place for hearing. The Enforcement Official shall give written notice thereof to the violator(s) or owner(s) of record, at least ten (10) days prior to the date for hearing. 1. The Hearing Officer shall consider any written or oral evidence presented to determine whether the violation(s) exists, a Cease and Desist Order should be required, a Notice to Clean and Abate should be required, a Storm Water Pollution Prevention Plan should be required, an Employee Training Program should be required, and/or Civil Penalties should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and promulgated by the City Manager. 2. In determining whether action should be taken or the amount of a civil penalty to be imposed, the Hearing Officer may consider any of the following factors: a. Duration of the violation(s). b. Frequency or recurrence. c. Seriousness. d. History. e. Violator’s conduct after issuance of the Notice and Order. f. Good faith effort to comply. Economic impact of the penalty on tht&iolator(s). h. Impact of the violation on the community. i. Any other factor which justice may require. 3. If the violator(s) or owner(s) of record fail to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the Notice and Order. 4. The Hearing Officer shall render a written decision within ten (10) days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any. The decision shall be effective immediately unless otherwise stated in the decision. The Hearing Officer shall cause the decision to be served on the - Enforcement Official and all participating violators or owners of record. 5. If the persons assessed civil penalties fail to pay them within the time specified in the Hearing Officer’s decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the Enforcement Official. If the violation(s) is not corrected as directed the civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $100,000 in the aggregate. When the violation is subsequently corrected, the Enforcement Official shall notify the violator(s) and/or owner(s) of record of the outstanding civil penalties and provide an opportunity for hearing if the amount(s) is disputed within ten (10) days from such notice. 6. The Enforcement Official shall take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to rewver said funds. If collected as a lien, the Enforcement Official shall cause a notice of lien to be filed with the County Recorder, inform the County Auditor and County Recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Enforcement Official shall file a release of lien with the County Recorder. 15.12.170 Judicial Enforcement. A. Criminal Penalties. Any person who violates any provision of this Chapter or who fails to implement a Storm Water monitoring plan, violates any cease and desist order or Notice to Clean and Abate, or fails to adopt or implement Storm Water Pollution Prevention Plans or Employee Training Programs as directed by the Enforcement Official shall be punished, upon conviction, by a fine not to exceed $1,000 for each day in which such violation occurs, or imprisonment in the San Diego County jail for a period not to exceed six (6) months, or both. B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the Storm Water Conveyance System is in violation of the provisions of this Chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuance of such discharge. C. Other Civil Action. Whenever a Notice and Order or Hearing Officer’s decision is not complied with, the City Attorney may, at the request of the Enforcement Official, initiate any appropriate civil action in a court of competent jurisdiction to enforce such Notice and Order and decision, including the recovery of any unpaid Storm Drain Fees and/or civil penalties provided herein. 15.12.180 Violations Deemed a Public Nuisance. In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the Enforcement Official in accordance with the procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the City, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property in accordance with the procedures set forth in section 15.12.16O.C.6. 15.12.190 Remedies Not Exclusive. 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. 11 73 PROOF OF PUBLI, JON (2010 82011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smal\er than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Jan. 2,1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Sail Marco5 Dated at California, this 4th day of Jan. 1999 NORTH COUNTY TIMES Legal Advertising This space I, Jr the County Clerk’s Filing Stamp Proof of Publication of Public hearing ________-_-_-_---_-------- -_______-___-__---_------- NOTICE IS HEflEBV GIVEN that Me City Council of the ~9 of Carkbad pflf hold a PWc kwlng at the City Council Chamban 1200 Garlsbad Vflkga Dry. Wsbad. @fomia. at6:00 p.m.. on Tuesda;. January +2 ,999 m cWW?er amendIng Carkbad M~kipal Cods Chapter fS.12 Ak+kg’+o mm Water M~~~Oe”Wr, and Oiicharge Codrol. and t,, consider ff~fktag a LOW+, Coastal Program Amendment by dccspting Californfa Mel hmk~on’s suggested mcdiiications to Chapter fS.f2. The PWose and in+.%+ of the Storm Water Ordinance k +O ansura the future hWlh. safety, and general weffare of the c&ens of +be city of Cdbad by mWitin~ ?on-stwm war discharges +O me storm ~+er Conveyance sys+em(spw illegal dUmpin& illicit connections) and feduclnp Pollu+antS from urban run-off to the maximum extent Prac+iubla. The proposed amendments are to implament modifications PrW*d by +ba Calfcmk Coastal Commission in con]unti+n wr Lw &s+al Program Amendment LCPA 96110 rho Lo@ hs+al program Amendman+ will ansum consistency bafween be mended Municipal Code and the Local c&al ~rwmm. f You ham aflY, questions regarding this matter please contact Skva ‘W. in the MW~ennp Oepartmant, at (7S4)438~1161. extension4354. ‘Yw cMhw the Storm Water Ordinance and/or ~acai carstal progm ?endmen+. in Court. YOU may be limited to raising only 810~ issues wad by You Or SOmeone eke at the publlc hearing dwrim k w+ tiff8 or in Wrilten CDr~PondeflCe delivered to the City of ta&bad City itN;,LmCe at. 0’ Pm to, the public hearing. CAlflSSAO Cf~y WI SW00 Jariuar~ 2,!999 I NOTICE OF PUBLIC HEARING h AMENDING STORM WATER ORDINANCE (CARLSBAD MUNICPAL CODE CHAPTER 15.12) AND FINALIZING LCPA 96-09 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, January 12, 1999, to consider amending Carlsbad Municipal Code Chapter 15.12 relating to Storm Water Management and Discharge Control; and to consider finalizing a Local Coastal Program Amendment by accepting California Coastal Commission’s suggested modifications to Chapter 15.12. The purpose and intent of the Storm Water Ordinance is to ensure the future health, safety, and general welfare of the citizens of the City of Carlsbad by prohibiting non- storm water discharges to the storm water conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants from urban run-off to the maximum extent practicable. The proposed amendments are to implement modifications proposed by the California Coastal Commission in conjunction with Local Coastal Program Amendment LCPA 96-09. The Local Coastal Program Amendment will ensure consistency between the amended Municipal Code and the Local Coastal Program. If you have any questions regarding this matter, please contact Steve Jantz, in the Engineering Department, at (760) 438-l 161, extension 4354. If you challenge the Storm Water Ordinance and/or Local Coastal Program Amendment, in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. APPLICANT: City of Carlsbad PUBLISH: January 2, 1998 CARLSBAD CITY COUNCIL