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HomeMy WebLinkAbout2002-03-05; City Council; 16670; Implement New Stormwater Protection RequirementsCITY OF CARLSBAD -AGENDA BILL 1L.l AB# 16,670 1 DEPT. HD. w$/ 1 ADOPTION OF ORDINANCE NOS. NS-622. NS- MTG. 3-5-02 623, NS-624 AND NS-625 IMPLEMENTING DEPT. 3 CITY ATTY. CITY MGR ,~ NEW STORMWATER PROTECTION REQUIREMENTS RECOMMENDED ACTION: Adopt Ordinance Nos. NS-622, NS-623, NS-624 and NS-625, amending various sections of the Carlsbad Municipal Code to implement new stormwater protection requirements of the San Diego Regional Water Quality Control Board (San Diego Municipal Stormwater Order No. 2001-01. (Case Nos. ZCA 01-08; MCA 01-05; MCA 01-06; MCA 02-01.) ITEM EXPLANATION: Ordinance Nos. NS-622, NS-623, NS-624 and NS-625 were introduced and first read at the City Council meeting held on February 19, 2002. The second reading allows the City 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 Bill No. 16,666 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-622 2. Ordinance No. NS-623 3. Ordinance No. NS-624 4. Ordinance No. NS-625 I 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 ORDNANCE NO. NS - a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM- WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO CASE NAME: NPDES STORMWATER UPDATE CASE NO.: ZCA 01 -08 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is MUNICIPAL STORMWATER ORDER NO. 2001-01. amended by the amendment of Section 21.203.040(B)(3) to read as follows: 3. Areas West of 1-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and along El Camino Real immediately upstream of the existing storm drains, the following policy shall apply: a. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Stormwater Ordinance, SUSMP, JURMP, Master Drainage Plan and the San Diego County Hydrology Manual and any amendments to them. Such mitigation shall become an element of the project, and shall be installed prior to the initial grading. Mitigation shall require construction of all improvements shown in the master drainage plan and any amendments to them for the area between the project site and the lagoon (including the debris basin), as well as revegetation of graded areas immediately after grading; and a mechanism for permanent maintenance if the city declines to accept the responsibility. Construction of drainage improvements may be through formation of,an assessment district, or through any similar arrangement that allocates costs among the various landowners in an equitable manner. SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is amended by the amendment of Section 21.203.040(B)(4) to read as follows: 4. All Other Areas in the Coastal Zone. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Stormwater Ordinance, SUSMP. JURMP, Master Drainage Plan, the San Diego County Hydrology Manual and amendments to them and the additional requirements enumerated in this Code Section. and amendments to it. No subsequent amendments are a part of this zone unless certified by Mitigation shall also require construction of all improvements shown in the master drainage plan the Coastal Commission. The general provisions, procedures, standards, content of plans and implementation contained with them are required conditions of development in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirements specified above: a. All offsite, downstream improvements (including debris basin and any other a grading permit onsite. Improvements shall be inspected by city or county staff and certified as improvements recommended in the drainage plan) shall be constructed prior to the issuance of adequate and in compliance with the requirements of the drainage plan and the additional requirements of this zone. If the city or county declines to accept maintenance responsibility for 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 the improvements, the developer shall maintain the improvements during construction of he onsite improvements. b. If the offsite or onsite improvements are not to be accepted and maintained by a public agency, detailed maintenance agreements including. provisions for financing the maintenance through bonding or other acceptable means shall be secured prior to issuance of the permit. Maintenance shall be addressed in the report required to be submitted with the permit application. The report shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. or any other acceptable manner of financing. Such mechanisms shall be secured by bonding or c. Construction of offsite grading improvements may use an assessment district other acceptable means prior to issuance of a coastal development permit. d. If a public agency agrees to accept maintenance responsibilities, it shall inspect the facilities prior to onsite construction or grading and indicate if such facilities assure continued maintenance. No onsite development may take place prior to acceptance of the drainage improvements. e.. All areas disturbed by grading shall be planted within sixty days of initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. according to the Carlsbad master drainage plan, incorporating the changes specified in this f. Storm drainage facilities in developed areas shall be improved and enlarged Section. Improvement districts shall be formed for presently undeveloped areas which are expected to urbanize in the future. The improvement districts shall implement the master drainage plan. Upstream areas in the coastal zone shall not be permitted to develop incrementally prior to installation of the storm drain facilities downstream, in order to assure protection of coastal resources. New drainage facilities, required within the improvement districts shall be financed either by some form of bond or from fees collected from developers on a cost-per-acre basis. g. When earth changes are required and natural vegetation is removed, the area and duration of exposure shall be kept at a minimum. h. Soil erosion control practices shall be used against "onsite" soil erosion. These include keeping soil covered with temporary or permanent vegetation or with mulch materials. special grading procedures, diversion structures to divert surface runoff from exposed soils, and grade stabilization structures to control surface water. i. Apply "sediment control" practices as a perimeter protection to prevent offsite drainage. Preventing sediment from leaiing the site should be accomplished by such methods as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion is, of course, the most efficient way to control sediment runoff. New development and significant redevelopment of private and publicly-owned properties, must incorporate design elements and/or best management practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type andlor intensity listed below: development with greater than ten housing units shall include a drainage and pollution runoff Residential Development. Development plans for, or which include, residential housing control plan prepared by a licensed engineer, designed to infiltrate. filter or treat the volume of runoff produced from each and every storm event up to and including the eighty-fifth percentile twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: j. In addition the following shall apply to development within Kelly Ranch: -2- I L - 4 c - 6 L I z s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 i. Maximize the percentage of pemeabte surfaces and green space tu allow more percolation of runoff into the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; ii. Use porous materials for or near walkways and driveways where feasible; iii. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. iv. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to (1) trap sediment, particulates and other solids and (2) remove or mitigate contaminates through infiltration andlor biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a nonerosive manner. v., Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). vi. The plan must include provisions for regular inspection and maintenance of structural BMPs. for the life of the project. Parkina Lots. Development plans for, or which include parking lots greater than five thousand square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater, shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced by each and every storm event up to and including the eighty-fifth percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks (Commercial and Industrial). All DeveloDment. A public education program shall be designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs. A landscape management plan shall be created that includes herbicidelpesticide management. Such measures shall be incorporated into project design through a water qualitylurban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision stage. C. Landslides and Slope Instability. Developments within five hundred feet of areas identified generally in the PRC Toups report, Figure 8. as containing soils of the La Jolla group (susceptible to accelerated erosion) or landslide prone areas shall be required to submit additional geologic reports containing the additional information required in the coastal shoreline development overlay zone. D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific investigations done addressing the liquefaction problem and suggesting mitigation measures. New residential development in excess of four units, commercial, industrial, and public facilities shall have site-specific geologic investigations completed in known potential liquefaction areas. E. Floodplain Development. Within the coastal zone, in the one hundred-year floodplain, no new or expanded permanent structures or fill shall be permitted. Only uses compatible with periodic flooding shall be allowed. F. Reserved. -3- 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 G. Within the Kelly Ranch, scenic pubk views from tnterstate 5, Cannon Road and Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures: 1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with substantial height as a landscape screen and/or setbacks from the ridgelines and open space areas; 2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth or vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible natural building materials shall be preferred. Roof colors shall be low-intensity colors which blend with the environmental setting of the project; 3. Residential Building Height. Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibility of structures from scenic public roadways, public vista points and public trails. H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: 1. All residential development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or noninvasive and drought tolerant lo the maximum extent feasible. Ornamental (noninvasive) vegetation shall be permitted in the interior of residential subdivisions only; 2. Approved landscaping shall be installed immediately upon completion of construction and maintained by the property owners in good growing condition for the life of the development; vegetation of substantial height, shall be required to screen and soften the view of structures 3. Landscape screening of structures, including specimen trees and fire-retardant from 1-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; 4. The landscape treatment shall cause the development to blend in with the natural setting and present a visually cohesive appearance as viewed from Agua Hedionda Lagoon, Cannon Road and Interstate 5. SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is amended by the amendment of Section 21.205.060 to read as follows: 21.205.060 Erosion sedimentation, drainage. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City's Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP. Master Drainage Plan, the San Diego County Hydrology Manual and amendments to them and the additional requirements enumerated in this Section. Mitigation shall also require construction of all amendments are a part of this zone unless certified by the Coastal Commission. The general improvements shown in the master drainage plan and amendments to it. No subsequent provisions, procedures, standards, content of plans and implementation contained in them are required conditions of development in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirements specified above: A. All offsite, downstream improvements (including debris basin and 'any other improvements recommended in the drainage plan) shall be constructed prior to the issuance of a grading permit onsite. Improvements shall be inspected by city staff and certified as adequate and in compliance with the requirements of the drainage plan and the additional requirements of this zone. If the city declines to accept maintenance responsibility for the improvements, the developer shall maintain the improvements during construction of the onsite improvements. public agency, detailed maintenance agreements including provisions for financing .the B. If the offsite or onsite improvements are not to be accepted and maintained by a maintenance through bonding or other acceptable means shall be secured prior to issuance of -4- 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 the permit. Maintenance shan be addressed in th'e report required to be submitted with the permit application. The report shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. C. Construction of offsite drainage improvements may use an assessment district or any other acceptable manner. Such mechanisms shall be secured by bonding or other acceptable means prior to issuance of a coastal development permit. D. If a public agency agrees to accept maintenance responsibilities, it shall inspect the facilities prior to onsite construction or grading and indicate if such facilities assure continued maintenance. No onsite development may take place prior to acceptance of the drainage improvements. E. All areas disturbed by grading shall be planted within sixty days of the initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, and shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percent coverage within ninety days. Planting shall be repeated if the required level of coverage is not established. This requirement shall apply to all disturbed soils including stockpiles. This requirement shall be a condition of the permit. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ' Ill Ill Ill -5- 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 2’6 27 28 Carlsbad on the a day of MARCH 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None ATTEST: (SEAL) -6- EFfFCTlVE DATE: This ordinance shatt be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days afler its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission,) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of FEB 2002, and thereafler. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 1 ,. 1 - 4 C I t L I E 5 1c 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDtNANCE NO. NS-623 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 15.16 OF THE CARLSBAD MUNICIPAL CODE (GRADING AND EROSION CONTROL ORDINANCE) TO MENTS OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL STORM WATER CASE NAME: NPDES STORMWATER UPDATE CASE NO.: MCA 01 - 05 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code IMPLEMENT NEW STORMWATER PROTECTION REQUIRE- PERMIT (ORDER NO. 2001-01). is amended by the amendment of Section 15.16.020(7) to read as follows: 7. Protect public and private property, storm water conveyance systems, downstream riparian habitats, waterways, wetlands, and lagoons by controlling soil erosion, sedimentation and other potential adverse impacts caused by grading operations or which result as a consequence of the increased rate of surface water runoff from graded sites. SECTION 2: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.040(13) to read as follows: 13. "Rainy season" is the time period between October 1 of any year and April 30 of the following year during which the likelihood of rainfall is greater than at other times of the year. SECTION 3: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.060(A)(6)(e) to read as follows: e. The amount of soil material moved does not exceed one hundred cubic yards. SECTION 4: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.060(A)(8)(c) to read as follows: done in connection with a building permit issued pursuant to Chapter 18.04 of this code and c. The proposed grading work is performed concurrent with the site preparation work does not require a Hillside Development Permit (HDP) or a Coastal Development Permit (CDP). SECTION 5: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.060(A)(8)(d) to read as follows: d. Best Management Practices (BMPs) for erosion control construction activities have been incorporated into the construction documents and site design. I - 1 2 - 4 5 t i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTtON 6: That Title 15, Chapter ?5.?6 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.060(A)(I 1) to read as follows: 1. Construction of pavement surfaces less than five thousand (5000) square feet on natural or existing grade for the purposes of a private road or commercial, industrial or multi- residential parking lot or travelway. SECTION 7: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.090 (A)(I) to read as follows: 1. Grading plans, specifications, engineering calculations and other relevant engineering data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in accordance with city standards and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter, city standards, the landscape manual and Titles 19. 20 and 21 of this code. All grading plans must include provision for protective measures for the control of urban pollutants, erosion and sedimentation in accordance with the requirements of this chapter, and city standards, including but not limited to the city Standard Urban Storm Water Mitigation Plan (SUSMP). SECTION 8: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the amendment of Section 15.16.120 (A)(7)(c) to read as follows: c. All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the grading operation unless it can be demonstrated to the city engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties; and SECTION 9: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the addition of Section 15.16.040(12) to read as follows: 12. ”Jurisdictional Urban Runoff Mitigation Plan (JURMP)” - means a plan, prepared pursuant to Regional Water Quality Control Board NPDES Order No. 2001-01, to: 1) ensure that discharges from municipal runoff conveyance systems do not cause or contribute to degradation of water quality, 2) effectively prohibit urban discharges of illicit connections to the storm water conveyance system, and 3) reduce the discharge of pollutants from urban runoff conveyance systems to the maximum extent practicable. When used in the Carlsbad Municipal Code, this refers to the JURMP adopted by the City of Carlsbad. SECTION IO: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the addition of Section 15.16.040(17) to read as follows: 17. “Standard Urban Storm Water Mitigation Plan (SUSMP)” - means a plan, prepared pursuant to Regional Water Quality Control Board NPDES Order No. 2001-01, to reduce pollutants and runoff flows from all new development and significant redevelopment projects -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 that fall under priority project categories. When usbd in the Carlsbad Municipal Code, mis refers to the SUSMP prepared by the City of Carlsbad. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of FEBRUARY 2002, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the &day of 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None ATEST: .JBkRA E M. WOOD, City’Clerk . (SEAL) -3- 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-624 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 15.12 OF THE CARLSBAD MUNICIPAL CODE (STORMWATER MANAGEMENT AND DISCHARGE CONTROL TION REQUIREMENTS 'OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL CASE NAME: NPDES STORMWATER UPDATE CASE NO.: MCA 01- 06 ORDINANCE) TO IMPLEMENT NEW STORMWATER PROTEC- STORMWATER PERMIT (ORDER NO. 2001-01). The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.010 to read as follows: 15.12.010 Purpose and intent. The purpose of this chapter is to ensure the environmental and public health, safety, and general welfare of the residential, commercial, and industrial sectors of the city of Carlsbad by: A. Prohibiting non-stormwater discharges to the stormwater conveyance system. B. Eliminating discharges to the stormwater conveyance system from spills, dumping or disposal of materials other than stormwater or permitted or exempted discharges. C. Reducing pollutants in stormwater discharges, including those pollutants taken up by stormwater as it flows over urban areas (urban runoff), to the maximum extent practicable. D. Reducing pollutants in stormwater discharges in order to achieve applicable water quality objectives for receiving waters within the city of Carlsbad. The intent of this chapter is to protect and enhance the water quality of the city of Carlsbad and California Regional Water Quality Control Board NPDES Permit No. CASOl08758. Order receiving waters, and wetlands in a manner pursuant to and consistent with the Clean Water Act No. 2001-01 and any amendment, revision or reissuance thereof. SECTION 2: That Title 15', Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.020 to read as follows: 15.12.020 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Basin Plan" means the Water Quality Control Plan for the San Diego Region (July 1975) and approved by the State Water Resources Control Board, together with subsequent amendments. B. "Best Management Practices or (BMP)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational the maximum extent practicable the discharge of pollutants directly or indirectly to stormwater practices, maintenance procedures, and other management practices to prevent or reduce to conveyance system and/or receiving waters. Best Management Practices also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. C. "Building Permit" means 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 effective July 23, 1997, and any subsequent amendments. I 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 E. "Clean Water Act" means the Federat Water Pottution Contrat Act enacted by Pubtic 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" means the health officer of the county of San Diego department of public health or designee. G. "Development" means: 1. The placement or erection of any solid material or structure on land, in water, 2. The discharge or disposal of any dredged material or of any gaseous, liquid, 4. A change in the density or intensity of the use of land, including, but not limited 3. The grading, removing, dredging, mining, or extraction of any materials; to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, including lot splits, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; or under water; solid, or thermal waste; 6. The construction, reconstruction, demolition, or alteration of the size of any 5. A change in the intensity of the use of water, or of access to water structure, including any facility of any private, public, or municipal entity; and purposes. As used in this definition, "structure" includes, but is not limited to, any building, road, 7. The removal or harvesting of major vegetation other than for agricultural 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 stormwater 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 stormwater pollution waters of the San Diego region. prevention, and an overview of the potential impacts of polluted stormwater on the receiving 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup 4. Visual monitoring of all effluent streams to ensure that no illicit discharges 5. Discussion of the differences between the stormwater conveyance system and 6. Identification of all on-site connections to the stormwater conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate I. "Enforcement Agency" means the City of Carlsbad or its authorized agents charged J. "Enforcement Official" means the city manager or his or her designee. K. "Hazardous Materials" means 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 contribute to, substantial injury, serious illness or harm to humans, domestic livestock, wildlife, or deterioration of receiving water quality or the environment. stormwater conveyance system permitted or unpermitted by the city of Carlsbad, which drains L. "Illicit Connection" means any physical connection (pipe, facility, or other device) to the illegal discharges either directly or indirectly into a stormwater conveyance system. M. "Illegal Discharge" means any discharge to the Stormwater Conveyance System that is not composed entirely of Stormwater, or is expressly prohibited by federal, state, or local procedures. enter the stormwater conveyance system. the sanitary sewer system. pollutant contact with stormwater discharge. with ensuring compliance with this chapter. -2- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regulafions, laws, codes, or ordinances, or degrades the quality of receiving waters in viatation of California Regional Water Quality Control Board NPDES Permit No. CAS0108758, Order No. 2001-01 and any amendment, the San Diego Basin Plan and California Ocean Plan standards. N. "Maximum Extent Practicable" (MEP) means, with respect to best management practices (BMPs), an individual BMP or group of BMPs which reduces or eliminates the discharge of a pollutant of concern, which have a cost of implementation reasonably related to the pollution control benefits achieved, and which are technologically feasible. 0. "National Pollution Discharge Elimination System (NPDES) Permit" means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control from point sources to waters of the United States, including, but not limited to: Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges 1. California Regional Water Quality Control Board NPDES Permit No. 2. General Permit for Stormwater Discharges Associated with Industrial Activities (NPDES No. CAS 000001, Order No. 97-03-DWQ) 3. NPDES General Permit for Stormwater Discharges Associated with Construction Activity (Permit No. 99-08-DWQ NPDES General Order No. CASOOOOO2); and 4. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits (Order Numbers 91-10 and 90-31). P. "Non-stormwater Discharge" means any discharge to the stormwater conveyance system that is not entirely composed of stormwater. Q. "NPDES General Permit" means a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES General Permit for Stormwater Discharges Associated with Industrial Activities; and Construction Activity (Permit No. 99-08-DWQ, NPDES General Order No. CASOOOOO2) 2. NPDES General Permit for Stormwater Discharges Associated with R. "Parking Lot" means an open area, other than a street or other public way, used for the to accommodate residents of multi-family dwellings (i.e.. apartments, condominiums, parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or townhomes, mobile homes, dormitories, group quarters, etc.). entity, firm, association, corporation, or public agency, including the State of California and the S. "Person" means any individual, organization, business trust, company, partnership, United States of America. T. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, 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 fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, 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, temperature and other narrative standards of the Basin Plan. improved or unimproved. U. "Premises" means any building, lot parcel, real estate, land or portion of land whether discharges from the stormwater conveyance system, including Encinas Creek, Batiquitos V. "Receiving Waters" means surface bodies of water, which serve as receiving points for Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean. CASOl08758, Order 2001-01 and any amendment,'revision or reissuance to it -3- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 W. Stormwater" means surface runoff and drainage associated with storm events and snow melt that flows across a surface to the Stormwater Conveyance System or Receiving Waters. For the purposes of this chapter, stormwater 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 "stormwater" in this chapter. X. "Stormwater Conveyance System" means private, natural and publicly owned facilities within the City of Carlsbad by which Stormwater may be conveyed to Receiving Waters of the ditches, pipes, natural and man-made channels or storm drains. United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, Y. "Stormwater 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 stormwater conveyance system primarily through the application and use of BMPs. A Stormwater Pollution Prevention Plan prepared and implemented pursuant to any the purposes of this chapter. NPDES Stormwater Permit shall meet the definition of a stormwater pollution prevention plan for AA. "Wet Season" means the period of time between October 1 through April 30. Z. "System" means "Stormwater Conveyance System", as defined herein. BB. "Wetlands" means 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 Wetlands generally include swamps, marshes, bogs, and similar areas. support, a prevalence of vegetation typically adapted for life in saturated soil conditions. SECTION 3: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.040 to read as follows: 15.12.040 Applicability 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. CASOl08758, Order 2001-01 and any amendment, revision or reissuance thereof. SECTION 4: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.050 to read as follows: 15.12.050 Prohibited Discharges. The discharge of non-stormwater discharges to the stormwater conveyance system or to any other conveyance system which discharges into receiving water is prohibited, except as specified below: SECTION 5: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.055 to read as follows: 15.1 2.055. Exemptions from Discharge Prohibitions -4- 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 A. The prohibition on discharges shall not apply to any discharge regulated under a Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in NPDES permit issued to the discharger and administered by the state of California pursuant to compliance with all requirements of the permit and other applicable laws and regulations. Proof of compliance with such permit may be required in a form acceptable to the city 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. B. Discharges from the following activities will not be considered'a source of pollutants to the stormwater conveyance system or receiving waters and are exempt from the definition of non-stormwater discharge when properly managed as required by applicable federal, state and local laws, regulations or codes: 1. water line flushing; 2. iandscape irrigation and lawn watering; 3. diverted stream flows; 4. rising ground waters or springs; 5. uncontaminated pumped ground water not subject to any applicable NPDES 6. discharges from potable water sources other than water main breaks; 7. foundation and footing drains; 8. air conditioning condensation; 9. natural springs; IO. water from crawl space pumps; 11. individual residential car washing; 12. flows from riparian habitats and wetlands; 13. dechlorinated swimming pool discharges 14. fire fighting permit; C. The prohibition of discharges shall not apply to any discharge which the enforcement official, the county health officer, the Regional Water Quality Control Board, or U.S. Environmental Protection Agency determines in writing are necessary for the protection of the environment, water quality, and public health and safety. SECTION 6: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.060 to read as follows: Any discharge that would result in or contribute to a violation of California Regional Water Quality Control Board NPDES Permit No. CAS0108758, Order 2001-01 and any amendment, discharges, is prohibited. Liability for any such discharge shall be the responsibility of the revision or reissuance to it, either separately considered or when combined with other person(s) causing or responsible for the discharge. 15.12.060 Discharge in violation of permit. SECTION 7: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.080 to read as follows: 15.12.080 Reduction of pollutants contacting or entering stormwater 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 stormwater conveyance system. B. In order to reduce the risk of contamination of stormwater and the discharge of non- stonwater or pollutants to the city's stormwater conveyance system, the enforcement official -5- 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 may require fhe person conducfing the foltowing activities to implement best management practices to the maximum extent practicable: 1. Automobile, airplane, boat, and/or vehicle, repair, service, fueling, maintenance, washing, storage, and/or parking; 2. Landscape and garden care activities including application of related products, such as, pesticides, herbicides, and fertilizers; 3. Building repair and maintenance, including, but not limited to: cement mixing, repair or cutting, masonry, painting and/or coating 4. Impervious surface or building washing or cleaning, including power washing or steam cleaning; 5. Storage and disposal of household hazardous waste (e.g. paints, cleaning products, pesticides, herbicides); 6. Disposal of pet waste; 7. Storage and disposal of green waste; 8. Mobile carpet, drape or furniture cleaning; 9. Pool, spa, Jacuzzi, or fountain cleaning, servicing, or repair; 10. Pest control 11. Plant growing including: farmland, fields, nurseries, greenhouses, and/or C. Persons conducting an activity or activities that the enforcement official determines botanical gardens. and/or is tributary to a Clean Water Act section 303(d) impaired water body, where the site or may contribute a significant amount of pollutant load to the stormwater conveyance system, source generates pollutants for which the water body is impaired; and/or any person within or directly adjacent to or discharging directly to a coastal lagoon or.other receiving water may also be subject to Section B D. Stormwater Pollution Prevention Plan. When the enforcement official determines that a cause, or contributes to a violation of the water quality standards set forth in the San Diego person in the course of conducting a business-related activity causes, has the potential to cause or contribute to the deterioration of water quality, then the enforcement official may Basin plan or California Ocean waters plan, or conveys pollutants to receiving waters that may that includes the implementation and use of Best Management Practices, and an employee require the person to develop and implement a stormwater pollution prevention plan (SWPPP) training program. This section applies, but is not limited to: equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors; 1. Persons conducting maintenance, storage, manufacturing, assembly, 2. Persons conducting automobile, airplane, boat, and/or equipment mechanical service, repair, maintenance, fueling, cleaning and/or parking; marinas; mobile automobile or other vehicle washing and/or parking; retail or wholesale fueling; mobile carpet, drape or furniture cleaning; pest control services; eating and drinking establishments; cement mixing, repair or cutting; masonry; painting and coating; surface or building washing or cleaning services, including power washing or steam cleaning; botanical or zoological gardens and exhibits; landscaping; nurseries and greenhouses; golf courses. parks and other recreational areadfacilities; cemeteries; pool and fountain cleaning; port-a-potty servicing; but not limited to, service station pavements or paved private streets and roads) used for 3. Persons owning or operating a parking lot or an impervious surface (including, 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 stormwater 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 stormwater conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste procedures and regulations. purposes shall clean those structures thoroughly as is necessary to prevent the discharge of Persons owning or operating a parking lot or impervious surfaces used for similar -6- 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 poflutanfs to fhe stormwater conveyance system to the maximum extent pmcticabte, but not tess 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. Any person engaged in development, grading or construction in the city of Carlsbad shall utilize best management practices to prevent pollutants from entering the stormwater conveyance system by complying with all applicable local ordinances, including the Grading and Erosion Control Section 15.16 of the Carlsbad Municipal Code, the standard specifications for public works construction when performing public work, and applicable provisions of the NPDES General Permit for Stormwater Discharges Associated with Construction Activity issued by the State Water Resources Control Board (Permit No. 99-08-DWQ NPDES General Order No. CASOOOOO2), and California Regional Water Quality Control Board NPDES No. CAS0108758, Order No. 2001-01, and any subsequent amendments. In order to reduce the risk of contamination of stormwater and the discharge of non- stormwater or pollutants, to the city’s stormwater conveyance system, the enforcement official may require the person conducting the development, grading or construction activities to implement a pollution prevention plan and/or best management practices to the maximum extent practicable. E. No person shall stand or park any vehicle on any street for the purpose of washing, greasing, repaking, and/or maintaining the vehicle, except for repairs necessitated by an emergency. F. No person shall stand or park any vehicle on any street, if such vehicle is determined by the enforcement official to be leaking fluids such as oils or other fluids that contribute or have the potential to contribute a significant amount of pollutants to the stormwater conveyance system and/or the receiving waters. In order to reduce the risk of contamination of stormwater and the discharge of non-stormwater or pollutants to the city’s stormwater conveyance system, the enforcement official may require the person conducting other activities not listed in sections B, C and D above, to implement best management practices to the maximum extent practicable, if the enforcement official determines that the activity has the potential to discharge pollutants or is know discharge pollutants to the stormwater conveyance system or receiving waters. D. Development, Grading or Construction Activities G. Other activity not covered by sections B, C, D, E and F of this Section. SECTION 8: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.090 to read as follows: 15.12.090 Stormwater conveyance system protection. Every person owning property through which a stormwater conveyance system passes, and such person’s lessee or tenant, shall keep and maintain that part of the System within the property free of trash, debris, excessive vegetation, and other obstacles .which would pollute, contaminate or significantly retard the flow of water through the system Every person shall maintain existing privately owned stormwater conveyance structures within or adjacent to a system, so that such structures will not become a hazard to the use, function or physical integrity of the system; Every person shall not remove healthy bank vegetation beyond that actually necessary for such maintenance which shall be accomplished in a manner that minimizes the vulnerability of the within their property lines in order to protect against erosion and degradation of the system system to erosion: and shall be responsible for maintaining that portion of the system that is originating or contributed from their property. -7- 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 No person shall commit or cause to be committed any of the faRawing acts, mtes 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 the system; B. Modify the natural flow of water in a system; C. Carry out developments within thirty feet of the center line of any system or twenty feet of the edge of a system, whichever is the greater distance; D. Deposit in, plant in, or remove any material from a system including its banks except as required for necessary maintenance; E. Construct, alter, enlarge, connect to, change or remove any structure in a system; or F. Place any loose or unconsolidated material along the side of or within a system 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 stormwaters passing through such a system. Department of Fish and Game Stream Alteration Permit process. G. The above requirements do not supersede any requirements set forth by the California SECTION 9: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of section 15.12.100 to read as follows: 15.12.100 Authority to inspect. A. During normal and reasonable hours of operation, the enforcement official shall have the authority to conduct 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, occupant, and or facility operator 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, occupant, and/or facility operator refuses the request for entry, the city of Carlsbad is empowered to seek assistance from any court of competent jurisdiction in obtaining entry. 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, occupant and/or facility operator. After obtaining legal entry, the representative of the city of Carlsbad may: 1. Inspect the premises at all reasonable times. 2. Carry out any sampling activities or install devices to conduct sampling or metering operations necessary to enforce this chapter, including taking samples from the property of any person which any authorized representative of the city of Carlsbad reasonably discharge to the stormwater conveyance system. Upon request by the property owner or hislher believes is currently, or has in the past, caused or contributed to causing an illegal stormwater authorized representative, split samples shall be given to the person from whose property the samples were obtained. 3. 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. 4. 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 stormwater pollution or constitute a violation of this chapter. 5. Review and obtain a copy of the stormwater pollution prevention plan, the Hazardous Materials Release Response Plan and Inventory, and/or any other documents, permits, manifests, logs or records that may be required of the facility from local, state or federal laws, regulations or codes in order to conduct operations or business on the premises. 6. Require the facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty (30) days. -8- 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 7. Review and obtain copies of all syormwater monitoring data campiteed by the facility, if such monitoring is required of the facility. SECTION IO: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of section 15.12.1 IO to read as follows: 15.12.110 Containment, cleanup, and notification of spills. 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-stormwater discharges entering the city's stormwater conveyance system shall immediately take all reasonable action to contain, minimize, and clean up such release. Such person shall notify the as possible, but no later than twenty-four (24) hours from the time of the incident's occurrence. city of Carlsbad of the occurrence and any other appropriate agency of the occurrence as soon SECTION 11: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.120 to read as follows: 5.12.120 Testing, monitoring or mitigation requirements. 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 stormwater pollution or contamination, illegal discharges, prohibited discharges and/or discharge of non-stormwater to the stormwater 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 or prohibited 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 stormwater pollution. It is unlawful for such person or facility owner or operator to fail or refuse to undertake and a relationship to the types of pollutants which may be generated by the person's activities or the provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear 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 subsection A of this section, shall implement a stormwater 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 stormwater runoff. noted in subsections 1 and 2 of this section, and a description of the mitigation measures taken 3. A monitoring log including monitoring date, potential pollution sources, as to eliminate any potential pollution sources. C. The enforcement official may require a person, or facility owner or operator, to install or implement stormwater pollution reduction or control measures, including, but not limited to, process modification to reduce the generation of pollutants if: 1. The person, or facility owner or operator fails to eliminate illegal or prohibited discharges after receiving a written notice from the enforcement official. 2. The person, or facility owner or operator, fails to implement a stormwater pollution prevention plan, as required by the enforcement official. -9- 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 3. The enforcement official has documented repeated viotations of this chapter any such person or facility owner or operator which has caused or contributed to stormwater pollution. D. If testing, monitoring or mitigation required pursuant to this chapter are deemed no subsections A, B, and C of this section, may be discontinued. longer necessary by the enforcement official, then any or all of the requirements contained in E. A stormwater 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. SECTION 12: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.140 to read as follows: 15.1 2.140 Administrative code enforcement powers and procedures The enforcement agency and enforcement official can exercise any code enforcement powers and procedures as provided in Title 1 of this code. In addition to the general enforcement powers and procedures provided in Title 1 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: 2. Comply with a time schedule for compliance. 1. Comply with the applicable provisions and policies of this chapter. 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean, Test and/or 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 stormwater conveyance system or a non-stormwater discharge to the city's stormwater 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. Stop Work Orders. Whenever any work is being done contrary to the provisions of this Ordinance, the enforcement official may order the work stopped by notice in writing served on any person engaged in performing or causing such work to be done, and any such person shall immediately stop such work until authorized by the enforcement official to proceed with the work. D. Permit or License Suspension, Denial or Revocation. Violations of this Ordinance may be grounds for permit or license suspension or revocation. E. Civil Penalties. Any person who violates any of the provisions of this chapter or who fails to implement a stormwater monitoring plan, violates any cease and desist order or notice to directed by the enforcement official shall be liable for a civil penalty not to exceed two thousand clean and abate, or fails to adopt or implement a stormwater pollution prevention plan as five hundred ($2,500) dollars 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 15.12.150(F) to enforce the -10- 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 violator's lability. The violator may also be liabte for compensatory damages for impaimrent, loss or destruction to water quality, wildlife, fish and aquatic life. obligations, including referral to the city attorney for commencement of a civil action to recover F. The enforcement official shall take all appropriate legal steps to collect these 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 official shall tile a release of lien with the county recorder. name of the agency to which the obligation is to be paid. Upon payment in full, the enforcement G. Environmental Code Enforcement Civil Penalties Fund. Civil penalties collected pursuant to this Chapter shall be deposited in the Environmental Code Enforcement Civil Penalties Fund as established by the City Manager for the enhancement of the City's code enforcement efforts, environmental public outreach or education, environmental improvement grants, and/or to reimburse City Departments for investigative costs and costs associated with the hearing process that are not paid by the responsible person or violator. Civil penalties deposited in this fund shall be appropriated and allocated in a manner determined by the City Manager. The City Auditor shall establish accounting procedures to ensure proper account identification, credit and collection. SECTION 13: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.160 to read as follows: 15.12.160 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 employee training programs as directed by the enforcement official shall be punished, upon clean and abate, or fails to adopt or implement storm water pollution prevention plans or conviction, by a fine not to exceed one thousand dollars for each day in which such violation occurs, or imprisonment in the San Diego County jail for a period not to exceed six 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 the city to seek a petition to the Superior Court for the issuance of a preliminary or cause a condition of contamination, pollution, or nuisance, the enforcement official may also 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. (Ord. NS-394 5 2 (part), 1997) SECTION 14: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is amended by the amendment of Section 15.12.170 to read as follows: 15.12.170 Violations deemed a public nuisance. permitted to exist in violation of any of the provisions of this chapter is a threat to the public In addition to the other civil and criminal penalties provided herein, any condition caused or -1 1- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 health, safety, and welfare and is declared and deemed a public nuisance, wtrict~ 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 set forth in Section 15.12.150(F). property and shall be a lien upon and against the property in accordance with the procedures EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City's'Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of FEBRUARY 2002, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ~CB 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ,- ABSTAIN: Nod ATTEST, M. WOOD, City Clerk (SEAL)/ -12- 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 ORDtNANCE NO. . NS-625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 10.40 OF TITLE 10 (VEHICLE AND TRAFFIC ORDINANCE) AND CHAPTERS 6.08, 6.12 AND 6.16 OF TITLE 6 (HEALTH AND SANITATION ORDINANCE) AND TITLE 1 (GENERAL PROVISIONS) CHAPTER 1.08.020 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORMWATER PROTECTION REQUIREMENTS OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL STORM WATER PERMIT (ORDER NO. CASE NAME: NPDES STORMWATER UPDATE CASE NO.: MCA 02- 01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is 2001-01). amended by the amendment of Section 10.40.01 5 to read as follows: 10.40.015 Prohibited purposes for parking on roadway. (a) No person shall stand or park any commercial vehicle on any street for the purpose of loading or unloading any merchandise or goods except in authorized loading zones as provided in Section 10.40.185.' (b) (1) No person shall stand or park any vehicle on any street or public right-of- way when it appears because of a sign or placard on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle. (2) Any peace officer or regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the city may remove a vehicle located within the territorial limits in which the officer or employee may act when the vehicle is found upon a street or public lands if: (A) Because of a sign or placard on the vehicle it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle; and (B) Within the past thirty days the vehicle is known to have been previously issued a notice of parking violation, under subsection (b)(l) of this section which was accompanied by a notice containing all of the following: (i) A warning that an additional parking violation may result in the impoundment of the vehicle, (ii) A warning that the vehicle may be impounded pursuant to Vehicle Code Section 22651.9. even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle, (iii) A statement that all city streets and public lands are subject to the provisions of Section 10.40.015(b)(l) and (2); (C) The notice of parking violation was issued at least twenty-four hours prior to the removal of the vehicle; (D) Vehicle Code Section 22852, incorporated herein by reference, applies to the removal of any vehicle pursuant to this section. SECTION 2: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is amended by the amendment of Section 6.08.010 (1 1) to read as follows: I 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 11. "Uirectof means a city department director or authorized utherctesignee. SECTION 3: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is amended by the amendment of Sections 6.08.010 (18 - 26) to read as follows: 18. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, 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 fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, includes any contaminant which degrades the quality of the receiving waters in violation of pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical Basin Plan and California Ocean Plan standards by altering any of the following parameters: oxygen demand (COD), nutrients, temperature, and other narrative standards of the Basin Plan. 19 "Segregate waste material" means any of the following: the placement of recyclables in separate containers; the binding of recyclable material separately from the other waste material; the physical separation of recyclables from other waste material. 20. "Storm Water" means surface runoff and drainage,associated with storm events and snow melt that flows across a surface to the Storm Water Conveyence System or Receiving Waters. 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 runoff have not been significantly altered, either directly or indirectly, as a result of human result of human activity, and the character and type of pollutants naturally appearing in the activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. 21. "Storm Water Conveyence System" means private, natural and publicly owned facilities within the City of Carlsbad by which Storm Water may be conveyed to Receiving Waters of the United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and man-made channels or storm drains. 22. "Solid waste" means putrescible and nonputrescible solid, semisolid and liquid wastes, generated in or upon residential or commercial premises, including garbage, trash, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous or biohazardous waste, or biomedical waste, which are regulated and shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; or recyclable materials sold or donated by the owner for reuse, recycling or composting. other than by placing them for recycling in city-approved designated recycling containers at city-approved areas for collection by the city's authorized recycling agent. 23. "Solid waste services" means the collection, transport, and disposal of solid wastf and designated recyclables, including yard waste, from residential, commercial, and industria generators. composting facility, a transformation facility, or a disposal facility as approved by the city. 24. "Solid waste facility" means a solid waste transfer or processing station, a -2- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. "White goods" means kitchen or other large, enameled appliances. 26. "Yard wastes" means leaves, grass, weeds and wood materials from trees and shrubs. (Ord. NS-427 5 2 (part), 1997) SECTION 4: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is amended by the addition of Section 6.08.045 to read as follows: 6.08.045 Cleanliness of solid waste receptacle areas or enclosures. No person shall allow pollutants or liquids to accumulate around solid waste enclosures or around and/or under solid waste receptacles such that storm water will carry these pollutants or liquids to the storm water conveyence system. SECTION 5: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is amended by the addition of Section 6.08.210 to read as follows: 6.08.210 Enforcement. The director shall be responsible for the enforcement of all provisions of this chapter. Failure to comply with these regulations shall be an infraction. Nothing in these regulations shall prevent the city's authorized agents or deputies from efforts to obtain compliance by way of warning, this code or other applicable law. (Ord. NS-427 5 2 (part), 1997) notice of violation, educational means or other civil or administrative remedies available under SECTION 6: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by the amendment of Section 6.12.030 to read as follows: 6.12.030 Accumulation prohibited-Exceptions. No person shall accumulate junk: the owner of such lot to do so; Section 6.12.040; (1) On any lot that is not in his ownership or possession, unless he has permission from (2) On any lot used for residential purposes, unless done in strict compliance with (3) On any parcel of land adjacent to a lot used for residential purposes, except: (A) As a part of and incident to a lawfully established and conducted commercial (B) When done in strict compliance with Section 6.12.040. or industrial enterprise; or (4) On any lot or parcel that is not in strict compliance with Chapter 15.12 Storm Water Management and Discharge Control. SECTION 7: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by the amendment of Section 6.12.040 to read as follows: 6.12.040 Regulations for accumulation. (a) No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes except in agricultural zones: -3- I 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 (1) Within four feet of any buitcting ar structure, except that pnk may be amtated within two feet of a fence or wall which is constructed of nonflammable material and is not used for structural support of a building; (2) Within fifteen feet of any rear lot line; (3) Within ten feet of any side lot line; (4) In the front yard or in the street side yard of a corner lot. (b) No person shall accumulate junk, or permit junk to be accumulated on a lot (1) The accumulation shall not be maintained so as to be conducive to the breeding, (2) The accumulation shall not be strewn about or maintained in an unsightly condition; (3) The accumulation shall be maintained so as not to constitute a fire hazard; (4) Any accumulation of junk maintained on a lot for more than thirty days shall, from and (5) The accumulation shall be maintained so as not to constitute a danger or potential (6) The accumulation shall not be a source of pollutants to storm water or the storm that is used for residential purposes, except in accordance with all of the following regulations: shelter or harborage of insects, rodents, vermin or pests; after the thirtieth day of such accumulation, be stored in opaque containers; danger to the public health, safety or welfare. (Ord. 5039 § 3) water conveyance system as defined in Chapter 15.12. SECTION 8: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended'by the amendment of Section 6.12.070 to read as foliows: 6.12.070 Violation determination. The director shall determine whether or not a person is accumulating junk in such a manner as to constitute a violation of this chapter, In making such determination, the director may consider the nature, size and extent of the accumulation; the length of time the accumulation has been permitted to remain, whether, and to what extent the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship. (Ord. NS-176 § 5 (part), 1991; Ord. 1261 § 9 (part), 1983; Ord. 5039 § 6) SECTION 9: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by the amendment of Section 6.12.080 to read as follows: 6.12.080 Notice of violation--Service to owner--Form. If the director determines that an accumulation of junk exists in violation of this chapter, he shall give a written notice and order to the owner or to the occupant of the premises or, if such person cannot be located on the premises, to any person over the age of eighteen years who is apparently in possession of the premises or, if there is no such person, then by mailing such written notice and order, postage prepaid, return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the county assessor. Such written notice and order shall be substantially in the following form: You are hereby informed that the Director of the City of Carlsbad has determined that there is an unlawful accumulation of junk, contrary to Ordinance # NS-625 , on the following premises: SECTION 10: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by the amendment of Section 6.12.100 to read as follows: -4- 1 L L f E s 1C 11 12 l? 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 6.V.TOO Hearing and findings-Enforcement. Within a period of three days (exclusive of Saturdays, Sundays and holidays) following the service of written notice and order by the director pursuant to Section 6.12.080 the person ordered to remove the accumulation of junk may file with the city clerk a written appeal from such notice and order. Such appeal shall contain the appellant's name, mailing address and a general statement of exceptions taken by the appellant to the notice and order. Upon receipt of an appeal, the city clerk shall immediately notify the director and shall set such appeal for hearing before the city council. Such clerk shall forthwith give written notice of the time, date and place of hearing to the director and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal. At the time, date and place indicated, the director shall produce evidence of the existence of the unlawful accumulation of junk which is the subject of his notice and order. The appellant may likewise produce relevant evidence. The city council shall consider all relevant evidence produced at such hearing, and if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare the same to be a public nuisance. The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists, the city council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the director. If the city council does not find that a public nuisance exists, it shall vacate the order of the director, in which event the city council need not make findings. In the event that the city council determines that a public nuisance exists and orders the abatement thereof, the director shall serve the order of abatement in the manner described in Section 6.12.080, shall enforce the order, may supervise the abatement of the nuisance, if he deems it necessary to do so, and may make such further orders in furtherance of such order of abatement as he deems necessary under the circumstances. Fees for filing an appeal under this section shall be established by resolution of the city council. SECTION 11: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by the amendment of Section 6.16.010 to read as follows: 6.16.010 Defined. The existence of real property within the city: A. In a condition which is adverse or detrimental to public peace, health, safety, the environment, or general welfare; or B. Which is maintained so as to permit the same to become so defective, unsightly, dangerous or in a condition of deterioration or disrepair so that the same will, or may cause harm to persons, or which will be materially detrimental to property or improvements located in the immediate vicinity of such real property; is declared to constitute a public nuisance. SECTION 12: That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is amended by the amendment of Section 1.08.020 as follows: 1.08.020 Enforcement by City Manager. (a) The City Manager or hidher designee is authorized, pursuant to Penal Code Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonable -5- .. , 1 1( 1: 1: 1: lr If 1f 1; 1E IS 2c 21 22 23 24 25 26 27 28 cause to befieve that fhe person to be arrested committed an infraction or misdemeanor, in said employee's presence, which is a violation of Titles 6, 13, 15. 18 or 21, Chapters 5.04, 5.24, 7.04, 7.12, 10.52, 11.08, 11.12, 11.16, or 11.36 or Sections 8.28.010, 8.28.030 or 10.40.075 01 this code, or any uncodified building or zoning ordinance of the city. arrest described in subsection (a) of this section if the employee has completed an introductory (b) The City Manager may deputize any city employee to exercise the power 01 course of training prescribed by the Commission on Peace Officer Standards and Training employee to carry a firearm. (Ord NS-395 § 1, 1996; Ord. 197 § 1, 1992) pursuant to Penal Code Section 832. Nothing in this section authorizes any deputized 6 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be published at least once in a publication of general circulation in the City of Carlsbad within effective within the City's Coastal Zone until approved by the California Coastal Commission.) I 1 3 ' Carlsbad on the 5th day of MAKH ' 2002, by the following vote, to wit: INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of FEBRUARY 2002, and thereafler. PASSED AND ADOPTED at a regular meeting of the City Council of the City of ) AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None 1 7 I : ll A-rrEST' 1 - -&3kRAI E M. WOOD, City Clerk (SEAL) -6-