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HomeMy WebLinkAbout2008-03-25; City Council; 19374; Municipal Code amendmentsCITY OF CARLSBAD - AGENDA BILL AB# 19,374 MTG. 3/25/08 DEPT. ENG AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11 1 ^ AMR 1 ft TD PHMPl V WITH THF RFHl IIRFIVyiPMT^ OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES AND REQUIREMENTS DEPT. HEAD T^pT 'x^v'V CITY ATTY. @zt* CITY MGR. Vs RECOMMENDED ACTION: Introduce Ordinance No. NS-878 . Amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007- 0001) and, providing authority and establishing procedures for the processing of improvement plans for non-subdivision developments. Introduce Ordinance No. NS-879 , Amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001). Introduce Ordinance No. NS-880 . Amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and, establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001). Introduce Ordinance No. NS-881 Amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001) and, modifying and clarifying processing procedures for the preparation and review of grading plans. Introduce Ordinance No. NS-882 . Amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001) FOR CITY CLERKS l/SE OWL Y. COUNCIL ACTION:APPROVED El DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 ITEM EXPLANATION: On January 24, 2007, the San Diego Regional Water Quality Control Board (RWQCB) adopted National Pollutant Discharge Elimination System Permit (updated Municipal Permit) Order No. R9-2007-0001. The updated Municipal Permit applies to all 18 San Diego cities, the County of San Diego, the San Diego Unified Port District, and the San Diego Regional Airport Authority. The updated Municipal Permit is a re-issuance of the previous NPDES Municipal Permit Order No. 2001-01 issued on February 21, 2001. The updated Municipal Permit continues to implement most of the storm water protection policies, procedures, requirements and standards of the prior permit and also requires implementation of new and supplemental policies, procedures, requirements. Numerous revisions to the City's Municipal Code are required to bring it into compliance with the supplemental policies, procedures, requirements and standards provided for in the new permit. In addition, staff is proposing several clean-up revisions to the code to clarify storm water, improvement plan processing and grading requirements and simplify future code updates. The proposed major revisions to the various Titles and Chapters of Municipal Code are as described on the following pages. Title 11 Public Property Chapter 11.16 Permits for Work or Encroachment in Public Places 1. Sections 11.16.020, 11.16.090 and 11.16.110 of Chapter 11.16 were revised requiring all work in the public right-of-way to comply with the provisions of the Municipal Permit. Included with the revisions are requirements for right-of-way applicants to: 1) install permanent storm water protection measures for qualifying projects; 2) enter into storm water pollutant protection facility maintenance agreements; and, 3) implement Construction Storm Water Pollution Prevention Plans (SWPPPs) as necessary. Also included with the revisions is a provision giving the City Engineer authority to deny issuance of right-of-way permits for any project not in compliance with requirements of the Municipal Permit. 2. New Sections 11.16.145 and 11.16.146 were added to provide authority for requiring improvement plans and secured agreements for non-subdivision projects. The new sections specify processing time limits for improvement plans, provide authority for processing fees, specify processing procedures and specify bonding requirements and bond release procedures. These sections were added to clarify improvement plan processing procedures for non-subdivision projects and are unrelated to the storm water pollution prevention requirements. Title 15 Grading and Drainage Ordinances Chapter 15.04 General Regulations 1. Chapter 15.04 is being repealed and new Chapter 15.04 is proposed to include new and revised definitions for various words, terms and phrases to clarify their meaning as used throughout the proposed revised chapters of Title 15. 2. Common defined terms from Chapters 15.12 and 15.16 were consolidated into Chapter 15.04 This consolidation eliminates duplication of definitions and helps to simplify future updates to the code. Definitions for several of the defined words, terms and phrases, which were moved to this section, were revised to clarify their meaning as used throughout Title 15. PageS Chapter 15.12 Storm Water Management and Discharge Control 1. Due to number of revisions proposed, all of Chapter 15.12 is proposed to be repealed and replaced with new Chapter 15.12. Changes were made throughout the chapter including revisions and deletions of definitions, clarifications to bring the code into compliance with the new Municipal Permit, clean-up language to remove inconsistencies or to clarify requirements and changes providing the City enforcement official improved inspection and enforcement authority. 2. Section 15.12.080 (Reduction of pollutants contacting or entering storm water required) was revised to include a new subsection F to clarify that all ministerial and discretionary permits are subject to the City's storm water standards and must install permanent storm water pollution prevention measures as required. This subsection also requires that property owners must enter into storm water pollution prevention facility maintenance agreements before receiving construction permits. The revisions to this section are required to meet the existing and updated Municipal Permit requirements. 3. New Section 15.12.095 (Structural treatment control BMP maintenance requirement) was added to require property owners to maintain permanent storm water pollution prevention facilities on a continuing basis after construction work is completed. This section also provides authority for the City enforcement official (City Manager or his/her designee) to conduct inspections of any site that includes a permanent storm water pollution prevention facility constructed in accordance with the requirements of the Municipal Permit. Also included in this section is a provision requiring the owners of privately owned and maintained storm water pollution prevention facilities to submit an annual statement to the City verifying the effective operation and maintenance of each installed treatment control facility prior to the rainy season. The inspection and maintenance provisions of this section are necessary to accommodate new storm water facility maintenance and inspection requirements of the Municipal Permit. Chapter 15.16 Grading and Erosion Control 1. Various sections of Chapter 15.16 were revised to incorporate use of the revised words terms or phrases as proposed in the revised definitions included within Chapter 15.04. 2. Section 15.16.070 (Application for a grading permit) Subsection A.4. was revised to add geotechnical engineer as a person who can submit a geotechnical report. This revision is a clean-up revision not related to the storm water program. Subsection B.6. of this same section was revised to clarify that a Construction Storm Water Pollution Prevention Plan (SWPPP) submitted with a grading permit must pay a separate plan review and inspection fee. This revision is needed to clarify existing fee payment requirements. 3. The addition of new Section 15.16.065 (Application for Grading Plan) and, repeal of existing Section 15.16.090 and its replacement with new Section 15.16.067 (Grading Permit Submittal Documents) are for clarification and clean-up purposes. These changes are necessary to bring the code into consistency with current grading plan processing procedures. 4. New Section 15.16.085 (Construction SWPPP) mandates preparation of a Construction SWPPP, in accordance with City Standards, for every grading permit and for any non- permitted construction activity which has the potential for contamination of storm water and/or the discharge of non-storm water pollutants to the City's storm water conveyance system. This section provides an exemption from the preparation of a Construction SWPPP when the project has no potential to impair water quality. This section also provides authority for Council Page 4 establishment of Construction SWPPP review and inspection fees and establishes procedures for processing time limits and refund of plan review fees. This new section is needed to comply with the existing and updated Municipal Permit. 5. Other miscellaneous revisions were made to various sections of Chapter 15.16 to clarify compliance with various storm water provisions or make the code consistent with existing grading permit processing procedures including requirements to: 1) require grading plans to conform to Title 15; 2) require grading plans to include provisions for implementation and maintenance of all storm water pollution prevention measures identified in the accompanying Construction SWPPP; 3) clarify grading permit application withdrawal procedures; 4) require City approval of a Construction SWPPP prior to issuance of a grading permit; 5) require that grading and erosion control securities to include coverage for Construction SWPPP costs; and, 6) ensure that the enforcement provisions of this chapter specifically address failures to install storm water protection measures. Title18 Building Codes and Regulations New Chapter 18.48 Storm Water Pollution Prevention 1. New Chapter 18.48 was added to require that all building construction comply with the provisions of the Municipal Permit. Included are requirements to: 1) install permanent storm water protection measures for qualifying projects; 2) enter into storm water pollutant protection facility maintenance agreements; 3) implement Construction SWPPPs as necessary; and, 4) provide authority for the community development director to deny issuance of building permits for any project not in compliance with requirements of the Municipal Permit. ENVIRONMENTAL: The Planning Director has determined that this project is exempt from environmental review because it is a regulatory action instituting policies, standards, requirements and procedures for the protection of the environment (Section 15308 of CEQA). A Notice of Exemption will be filed by the Planning Director upon project approval. FISCAL IMPACT: Compliance with the proposed code revisions are not expected to result in any increases to the General Fund or any other City revenue source. The proposed code revisions are necessary to implement programs which were anticipated prior to approval of the FY 07-08 budget. All program costs associated with enforcement of the provisions included in the proposed code revisions are anticipated to be accommodated by existing staff and/or budgeted expenses in the FY 07-08 budget. As the storm water pollution prevention program matures and refinements in enforcement activities are made in conformance with Regional Water Quality Board requirements, City staff will reassess program financial needs during future annual budgetary process reviews. PageS EXHIBITS: 1. City Council Ordinance No. NS-878 Amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001) and, providing authority and establishing procedures for the processing of improvement plans for non-subdivision developments 2. City Council Ordinance No. NS-879 Amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001). 3. City Council Ordinance No. NS-880 Amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and, establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001). 4. City Council Ordinance No. NS-881 Amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001) and, modifying and clarifying processing procedures for the preparation and review of grading plans. 5. City Council Ordinance No. NS-882 Amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit (Order No 2007-0001) 6. Chapter 11.16 Strikeout Revisions 7. Chapter 15.04 Strikeout Revisions 8. Chapter 15.12 Strikeout Revisions 9. Chapter 15.16 Strikeout Revisions DEPARTMENT CONTACT: David Mauser (760) 602-2739 dhaus@ci.carlsbad.ca.us 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT 1 ORDINANCE NO. NS-878 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.16 OF THE CARLSBAD MUNICIPAL CODE REQUIRING WORK IN THE PUBLIC RIGHT-OF-WAY TO 4 COMPLY WITH NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED SAN DIEGO REGIONAL WATER QUALITY CONTROL 5 BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001) AND, PROVIDING AUTHORITY AND ESTABLISHING PROCEDURES FOR THE PROCESSING 6 OF IMPROVEMENT PLANS FOR NON-SUBDIVISION DEVELOPMENTS. 7 The City Council of the City of Carlsbad, California, hereby ordains as follows: 8 SECTION 1: That Title 11, Chapter 11.16.020 of the Carlsbad Municipal Code is amended to read as follows: 10 11.16.020 Definitions For the purpose of this chapter, the following words, terms and phrases shall have the following meanings as set out in this section: A. "City engineer" means the city engineer of the City of Carlsbad or his designated13 representative. 14 B. "Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, 15 billboard, stand or building, or any structure or object of any kind or character not particularly 16 mentioned in this subsection, which is placed in, under or over any portion of a public place. C. "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, 1R service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material structure or object of any kind or character, whether enumerated in this subsection or not which is constructed, left, placed or maintained in, upon, along, across, under or over any public place. D. "Improvement plans" means the construction plans, prepared by a civil engineer, in accordance with City Standards for the purpose of describing a public improvement to be constructed, repaired, rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the construction plans, prepared by a civil engineer, in accordance with City Standards for the purpose of describing a private improvement to be constructed, 1 repaired, rehabilitated and/or otherwise installed on private property or in a public easement 2 or right-of-way. 3 E. "Plans" means the document developed and approved by the city engineer describing the 4 nature and extent of works proposed to be constructed or carried out on a public place. 5 F. "Public place" means any public street, highway, way, place, alley, sidewalk, easement, 6 right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. G. "Redevelopment director" means the redevelopment director of the city of Carlsbad or his designated representative. H. "Specification" means the Standard Specifications for Public Works Construction (current edition including supplements) written and promulgated by Southern California Chapter11 American Public Works Association and Southern California District Associated General 12 Contractors or California Joint Cooperative Committee and published by Building News 13 Incorporated, or such other specifications noted on approved plans. 14 "Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and 15 revised by the city engineer and the most recently adopted San Diego Area Regional 16 Standard Drawings. 17 In addition to the above defined words, terms and phrases, the definition of words, terms and 18 phrases, as described in Chapter 15.04, shall apply to this chapter. 19 SECTION 2: That Title 11, Chapter 11.16.090 of the Carlsbad Municipal Code is 20 amended to read as follows: 11.16.090 Permits - Requirements for performance of work. A. The permittee shall perform the work in a timely manner, in accordance with approved plans, specifications and City Standards and, to the satisfaction of the city engineer. B. No person shall cause any public improvement or appurtenant work to be performed upon any public place within the city by any person other than a licensed contractor or a public ' 26 C. Any works conducted requiring the temporary, partial or full closure of the traveled or „ pedestrian right-of-way shall not be commenced until the permittee has obtained a permit 7 1 therefor pursuant to Title 8 or Title 10 of this code and has been issued a traffic-control 2 permit stipulating the date, time and provisions under which closure may be carried out. 3 D. As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, 4 rock and other debris resulting from such work. All cleanup operations at the location of 5 such work shall be accomplished at the expense of the permittee. From time to time, as may 6 be ordered by the city engineer, and in any event immediately after completion of the work, 7 the permittee shall, at its own expense, clean up and remove all refuse and unused 8 materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours 9 after having been notified, the work may be done by the city and the cost thereof charged to 10 the permittee. Whenever it may be necessary for the permittee to excavate through any 11 landscaped area, the area shall be reestablished in a like manner after the excavation has 12 been backfilled as required. All construction and maintenance work shall be done in a 13 manner designed to leave the area clean of earth and debris and in a condition as nearly as 14 possible to that which existed before such work began. The permittee shall not remove, 15 even temporarily, any existing trees or shrubs without first obtaining the consent of the city 16 engineer. 17 E. All work affecting public improvements or public safety shall be inspected by the city 1ft10 engineer as follows: 1Q 1. No person shall prevent or obstruct the city engineer in making any inspection Of)authorized by this chapter or in taking any sample or in making any test; 21 2. Twenty-four-hour notice to the city engineer is required for all inspections: 22 3. All work not in conformance with approved plans and specifications is subject to 23 rejection by the city engineer; 24 4. Request for final inspections shall be made in writing. 25 F. Prior to the issuance of a right-of-way permit for a project, the project owner or authorized 26 agent shall- 27 28 1 2 3 2. If the project is determined to be a priority development project, then the project owner or authorized agent shall: 5 (a) Prepare and submit a storm water management plan in conformance with the 6 requirements of City Standards and Title 15 of this code; 7 (b) Enter into a Permanent Storm Water Quality Best Management Practices8 Maintenance Agreement or provide an alternate maintenance mechanism asy approved by the city engineer.10 11 12 13 14 15 16 17 1. Provide the city engineer with a completed storm water requirements applicability questionnaire in accordance with SUSMP requirements; G. A city-approved Construction SWPPP is required to be submitted prior to right-of-way permit issuance in accordance with City Standards and Chapter 15.16.085 of this code for any project which has the potentiaf for adding pollutants to storm water or non-storm water runoff during construction activities, unless an exemption from such requirement is provided pursuant to Chapter 15.16.085 and the Municipal Permit. SECTIONS: That Title 11, Chapter 11.16.110 of the Carlsbad Municipal Code is amended to read as follows: 18 11.16.110 Permits - Denial and revocation. 19 A. The city engineer may deny the issuance of a right-of-way permit to any person who refuses 20 or fails to comply with the provisions of this chapter, who is indebted to the city for past 21 permit violations or who in the judgment of the city engineer has repeatedly violated permit 22 procedures or failed to comply with conditions requiring protection of the public health and safety.24 y B. The city engineer may deny the issuance of a right-of-way permit to any person who refuses25 to execute an encroachment agreement as required pursuant to Section 11.16.060.26 C. Any permittee found in violation of the conditions of a right-of-way permit or the provisions of this chapter shall be given a written notice to comply stipulating the code violation. Upon28 9 1 receipt of a notice to comply, the permittee shall take action to correct the condition of 2 violation within the period stipulated in the notice. If within that period appropriate measures 3 have not been implemented, the city engineer may revoke the right-of-way permit and take 4 any measures required to secure the work site or return the work site to its original condition. 5 The cost of such work may be collected from the permittee. o D. The city engineer shall deny the issuance of a right-of-way permit to any person who refuses to comply with all storm water protection provisions of this chapter or Title 15 of this code. 8 SECTION 4: That Title 11, Chapter 11.16 of the Carlsbad Municipal Code is amended 9 by the adoption of new Sections 11.16.145 and 11.16.146. to read as follows: 10 11.16.145 Improvement Plans. 12 A. Improvement plans shall be prepared in accordance with City Standards and this chapter for 13 all work involving the construction, repair and/or major rehabilitation of public improvements 14 within a public place. The city engineer may waive the requirement for preparation of 15 improvement plans if, in the opinion of the city engineer, the improvements are of a size or 16 type that does not warrant the preparation of improvement plans. 1 7" B. A separate application for each set of improvement plans, if required, shall be made in 18 advance of submittal for a right-of-way permit. Each application for improvement plan review 1Q shall include a completed application form, improvement plans, specifications, engineering 20 calculations, a soils and/or geotechnical investigation, and other such calculations, 21 documentation and information as may be necessary to demonstrate that the improvement oo work will be carried out in substantial compliance with all city codes, City Standards and the 23 requirements of the Landscape Manual. Each improvement plan review application shall be 24 accompanied by a Construction SWPPP prepared in accordance with the requirements of 25 this chapter, Title 15 and City Standards. 26 27 28 C. An improvement plan review fee and inspection fee shall be charged by the City for the processing of the improvement plan review and inspecting the improvements during 10 1 construction. The fees shall be established by resolution of the city council and are for the 2 purpose of defraying the cost of processing the improvement plan review and inspecting the 3 improvements during construction. The improvement plan review fee and inspection fee are 4 in addition to any other plan review, inspection and permit issuance fees charged for the 5 issuance of a right-of-way permit or processing grading plans and building plans or, the 6 issuance of permits thereto. D. Improvement plan applications for which city approval is not granted within one year following g the date of application shall be deemed withdrawn. The improvement plans and other g documents submitted for review may thereafter be returned to the applicant or destroyed by the city engineer. The city engineer may extend the time for action by the applicant for a 11 period not exceeding one hundred eighty days upon request by the applicant showing that 12 circumstances beyond the control of the applicant have prevented action from being taken. 13 No application shall be extended more than once. In order to renew action on an application 14 after withdrawal, the applicant shall resubmit a new application and pay new improvement 15 plan review and inspection fees. 16 E. The city engineer may authorize refunding of the entire improvement plan inspection fee and 17 not more than eighty percent of the improvement plan review fee paid when an application for 18 a improvement plan is withdrawn in accordance with this section. The city engineer shall not 19 authorize refunding of any fee paid except upon written application filed by the original20 applicant not later than sixty days after withdrawal of the improvement plan application by the applicant, when withdrawn prior to completion of the improvement plan review. 23 F. Any application in process on the effective date of this code amendment shall be subject to 24 the provisions of this section. The filing date for such application shall be considered to be the 25 effective date of the code amendment. 26 /// 27 /// 28 11 1 11.16.146 Improvement Plan Security. 2 A. The owner, developer or subdivider shall enter into a secured agreement with the city o0 guaranteeing the construction of the public improvements in accordance with this chapter and the improvement security requirements of Chapters 20.16.070 and 20.16.080 of this code, c prior to issuance of a right-of-way permit or at such other time as required per the conditions c of approval for projects approved pursuant to Titles 20 and 21 of this code. 7 B. The improvement security release procedures described in Chapter 20.16.090 of this code 8 shall be followed for release of security posted per the requirements of this section. 9 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.i *5 14 /// 15 /// 16 /// 17 /// 18 19 '" 20 /// 21 /// 22 //// 23 ///24 25 /// 26 /// 27 /// 28 12 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 25th day of March 2008, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2008, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 " 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22 " 23 24 25 26 27 28 1 EXHIBIT 2 ORDINANCE NO. NS-879 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING TITLE 15 OF THE CARLSBAD MUNICIPAL CODE CONSOLIDATING THE DEFINITION OF TERMS USED IN VARIOUS 4 CHAPTERS, ELIMINATING DUPLICATE DEFINITIONS, CLARIFYING EXISTING TERMS AND ADDING NEW TERMS TO COMPLY WITH THE 5 NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL 6 PERMIT (ORDER NO. 2007-0001). 7 The City Council of the City of Carlsbad, California, hereby ordains as follows: 8 SECTION 1: That Title 15 of the Carlsbad Municipal Code is amended by the repeal of 9 Chapter 15.04 and the adoption of new Chapter 15.04 to read as follows: 10 15.04.010 Title. 11 This title shall be known as the Grading and Drainage Ordinances. 12 15.04.020 Definitions. 13 For the purpose of this title, the following words, terms or phrases shall be construed as defined in 14 this section: 15 A. "Basin Plan" means the Water Quality Control Plan for the San Diego Region (July 1975) and 16 approved by the State Water Resources Control Board, together with subsequent 17 amendments. 18 B. "Best management practices (BMP)" means schedules of activities, prohibitions of practices, 19 general good housekeeping practices, pollution prevention and educational practices, 20 employee training programs, maintenance procedures, and other management practices to 21 prevent or reduce to the maximum extent practicable the discharge of pollutants directly or 22 indirectly to storm water conveyance system and/or receiving waters. Best management 23 practices also include treatment requirements, operating procedures, and practices to control 24 site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials 25 storage. Best management practices also include the use of structural treatment controls 26 designed to remove pollutants from storm water runoff. 27 28 14 C. "Building permit" means a permit required by and issued pursuant to Chapter 18.04 of this code. D. "Building footprint" means the gross floor area of a structure measured at the ground level elevation within the confines of the exterior wall surfaces. E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared pursuant 6 to the General Industrial Activity Permit or pursuant to Chapter 15.12.080 of this code for the ^ purpose of 1) identifying and evaluating sources of pollutants associated with business 8 activities that may affect the quality of storm water discharges and authorized non-storm 9 water discharges from a facility; and 2) Identifying and implementing site-specific best 10 management practices to reduce or prevent pollutants associated with business activities in storm water discharges and authorized non-storm water discharges from a facility. 12 F. "California Ocean Plan" means the California Ocean Plan: Water Quality Control Plan for 13 Ocean Waters of California adopted by the State Water Resources Control Board effective February 14, 2006, and any subsequent amendment, revision or re-issuance thereof. G. "City Standards" means the standards used for the design and construction of public and private improvements in Carlsbad, including grading improvements and storm water best '' management practices, as contained in the latest edition of the "City of Carlsbad City 1 8 Standards" as promulgated by the city engineer. 1Q H. "Construction SWPPP" means a storm water pollution prevention plan prepared pursuant to 20 the General Construction Permit, Chapters 11.16.090, 15.12.080, 15.16.085 and 18.48.040 of 21 this code and, City Standards for the purpose of 1) identifying and evaluating sources of 22 pollutants associated with construction activities that may affect the quality of storm water 23 discharges and authorized non-storm water discharges from a construction site; and 2) 24 identifying and implementing site-specific best management practices to reduce or prevent 25 pollutants associated with construction activities in storm water discharges and authorized non-storm water discharges from a construction sile. 27 "Development" means: 28 15 1 1. The placement or erection of any solid material or structure on land, in water, or under 2 water; 3 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or 4 thermal waste; 5 3. The grading, removing, dredging, mining, or extraction of any materials; 6 4. A change in the density or intensity of the use of land, including, but not limited to, a 7 subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et 8 seq.) and any other division of land, including lot splits, except where the division of land 9 is brought about in connection with the purchase of such land by a public agency for 10 public recreational use; 11 5. A change in the intensity of the use of water, or of access to water. 12 6. The construction, reconstruction, demolition, or alteration of the size of any structure, 13 including any facility of any private, public, or municipal entity; and, 14 7. The removal or harvesting of major vegetation other than for agricultural purposes. As ^ used in this definition, "structure" includes, but is not limited to, any building, road, pipe, 16 flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and 17 distribution line. (Source: Government Code Section 65927). 1R10 J. "Development permit" means any permit approval or entitlement issued pursuant to Titles 11, 19 15,18, 20 or 21 of this code 20 K. "Development project" means any new development or redevelopment with land disturbing 21 activities, structural development, including construction or installation of a building or 22 structure, the creation of impervious surfaces, public agency projects and, land subdivision. 23 L. "Drainage master plan" means the report entitled Master Drainage and Storm Water Quality 24 Management Plan, dated March 1994, and any supplements, revision or modification thereto 25 as may be approved by city council resolution. 26 M. "General Construction Permit" means NPDES General Permit for Storm Water Discharges 27 Associated with Construction Activity (Water Quality Order No. 99-08-DWQ, NPDES No. 28 16 1 2 3 4 6 7 8 9 10 12 13 14 15 CAS000002) issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Construction Permit establishes a framework for regulating the discharge of storm water runoff from construction activities as specified in the permit. N. "General Industrial Activity Permit" means NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Order No. 97-03-DWQ, NPDES No. CAS 000001) issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Industrial Activity Permit establishes a framework for regulating the discharge of storm water runoff from certain industrial activities as specified in the perm it. O. "General Linear Utility Permit" means NPDES General Permit for Storm Water Discharges Associated with Construction Activity from Small Linear Underground/Overhead Projects, Water Quality Order No. 2003-0007 issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Linear Utility Permit establishes a framework for regulating the discharge of storm water runoff from small linear underground or overhead utility projects as specified in the permit. '' P. "Illicit connection" means any physical connection (pipe, facility, or other device) to the storm water conveyance system permitted or unpermitted by the City of Carlsbad, which drains 19 illegal discharges either directly or indirectly into a storm water conveyance system. 20 Q. "Jurisdictional Urban Runoff Mitigation Plan (JURMP)" means a plan, prepared pursuant to 21 Municipal Permit, to: 22 1 . Ensure that discharges from municipal separate storm water sewer system do not cause 23 or contribute to degradation of water quality, 24 2. Effectively prohibit urban discharges of illicit connections to the municipal separate storm 25 4water sewer system, and, 26 27 28 17 1 3. Reduce the discharge of pollutants from municipal separate storm water sewer system to 2 the maximum extent practicable. When used in the Carlsbad Municipal Code, this refers 3 to the JURMP adopted by the City of Carlsbad. 4 R. "Landscape Manual" means the "Landscape Manual" adopted by city council resolution which 5 contains the policies and requirements for the design, construction and maintenance of 6 landscape and irrigation systems constructed pursuant to a city development approval. 7 S. "Low impact design (LID)" means a storm water management and land development strategy 8 that emphasizes conservation and the use of on-site natural features integrated with 9 engineered small-scale hydrologic controls to more closely reflect pre-development '" hydrologic functions. 11 T. "Maximum extent practicable (MEP)" means, with respect to best management practices 1 o (BMPs), an individual BMP or group of BMPs which reduces or eliminates the discharge of a •10 pollutant of concern, which have a cost of implementation reasonably related to the pollution control benefits achieved, and which are technologically feasible. 15 U. "Municipal Permit" means California Regional Water Quality Control Board San Diego Region 16 Order No. R9-2007-0001, NPDES No. CAS0108758 Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) 18 Draining the Watersheds of the County of San Diego County, the San Diego Unified Port 19 District, and the San Diego County Regional Airport Authority (Municipal Permit), and any 20 amendment, revision or re-issuance thereof. 21 V. "National Pollution Discharge Elimination System (NPDES) Permit" refers to a permit issued 22 by the San Diego Regional Water Quality Control Board or the State Water Resources 23 Control Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control 24 discharges from point sources to waters of the United States: including, but not limited to: 25 1. Municipal Permit; 26 2. General Industrial Activity Permit; 27 3. General Construction Permit; 28 18 1 4. General Linear Utility Permit; and, 2 5. California Regional Water Quality Control Board, San Diego Region, General De- 3 Watering Permits (Order Numbers 91-10 and 90-31) and any amendment, revision or re- 4 issuance thereof. 5 W. "National Pollution Discharge Elimination System (NPDES) general permit" means a permit 6 issued by the State Water Resources Control Board which establishes a framework for 7 regulating the discharge of storm water runoff for certain broad classes of activities, including, 8 but not limited to: 9 1. General Construction Permit; 10 2. General Industrial Activity Permit; and, 3. General Linear Utility Permit. 12 x. "Non-storm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. 14 Y. "Occupancy permit" means a permit required or issued pursuant to Chapter 21.60 of this code. Z. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage, medical 1' waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, 1810 sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant 1Q under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in 20 violation of the Basin Plan and California Ocean Plan standards such as fecal coliform, fecal 21 streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum op hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, 23 cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also 24 includes any contaminant which degrades the quality of the receiving waters in violation of 25 the Basin Plan and California Ocean Plan standards by altering any of the following op parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), 27 28 19 1 chemical oxygen demand (COD), nutrients, temperature and other narrative standards of the 2 Basin Plan. 3 AA. "Planned local drainage facility" means any storm drainage facility, flood control facility or 4 water quality enhancement facility identified in the drainage master plan including drainage 5 easements, storm drain pipes, inlet structures, outlet structure, sedimentation and de- 6 pollutant basins, drop structures, rip rap, junction structures, environmental mitigation 7 measures, water quality monitoring and testing equipment and other improvements 8 necessary to convey, contain or enhance the quality of storm water discharge. 9 BB. "Planned local drainage area" (PLDA) means one of four drainage areas within the city 10 identified within the drainage master plan. Separate planned local drainage area (PLDA) fees 11 are established for each of the four drainage areas and were calculated to be equal to or less 12 than the cost of the planned local facility drainage improvements within each respective 13 PLDA. 14 QQ "prjorjty development project" means new development and redevelopment project 15 categories listed in section D. 1 .d(2) of the Municipal Permit. '" DD. "Receiving waters" means surface bodies of water which serve as receiving points for 17 discharges from the storm water conveyance system, including Encinas Creek, San Marcos 8 Creek, Batiquitos Lagoon, Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista 1Q Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean. 20 EE. "Rainy season" means the period of time between October 1 of any year and April 30 of the 21 following year during which the likelihood of rainfall is greater than at other times of the year. 22 FF. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan, prepared pursuant to 23 the Municipal Permit, to reduce pollutants and runoff flows from all new development and 24 significant redevelopment projects that fall under priority project categories. When used in the 25 Carlsbad Municipal Code, this refers to the SUSMP prepared by the City of Carlsbad. 9fi GG. "Storm water" means surface runoff and drainage associated with storm events and snow 27 melt that flows across a surface to the storm water conveyance system or receiving waters. 28 20 1 For the purposes of this chapter, storm water runoff and drainage from areas that are in a 2 natural state, have not been significantly disturbed or altered, either directly or indirectly, as a 3 result of human activity, and the character and type of pollutants naturally appearing in the 4 runoff have not been significantly altered, either directly or indirectly, as a result of human 5 activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this 6 chapter. 7 HH. "Storm water requirements applicability questionnaire" means the questionnaire form, as 8 specified in the SUSMP, filled out and signed by the responsible party submitting an 9 application for a development permit, and used by the city to determine if the development 10 project is required to comply with standard or priority project storm water requirements. 11 II. "Storm water conveyance system" means private and public drainage facilities by which 12 storm water may be conveyed to receiving waters, such as natural drainages, ditches, roads, streets, constructed channels, aqueducts, storm drains, pipes, culverts, street gutters or catch basins. jj. "Storm Water Management Plan (SWMP)" means a storm water pollution prevention plan prepared in accordance with the SUSMP which describes best management practices to be implemented on a development site during the post construction phase of a project. A storm 1 ft water management plan also includes recommended maintenance activities and schedules of 1Q maintenance for any structural treatment controls included in the plan. A SWMP is sometimes referred to as a post-construction SWPPP. 21 KK. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on- 22 site program activities and structural treatment control measures to eliminate or reduce to the 23 maximum extent practicable, pollutant discharges to the storm water conveyance system 24 primarily through the application and use of best management practices. A SWPPP is 25 prepared in accordance with the requirements of a NPDES general permit and/or City Standards. The city utilizes three types of SWPPP documents for storm water pollution 27 28 21 1 prevention during different phases of land development and land use activities including the 2 following: 3 1. Storm Water Management Plan (SWMP); 4 2. Construction SWPPP; and, 5 3. Business Activity SWPPP LL. "Structural treatment control BMP" means engineered facilities designed for the treatment of 7 storm water runoff. Structural treatment controls typically use infiltration, filtration, 8 retention/detention, biofiltering and other techniques to remove pollutants from storm water 9 runoff. EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least 12 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 25th day of March 2008, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2008, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 4 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 1 EXHIBIT 3 ORDINANCE NO. NS-880 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING TITLE 15 OF THE CARLSBAD MUNICIPAL CODE MODIFYING AND CLARIFYING STORM WATER COMPLIANCE AND 4 ENFORCEMENT REQUIREMENTS AND, ESTABLISHING NEW MAINTENANCE, INSPECTION AND ANNUAL VERIFICATION PROVISIONS 5 FOR PRIVATELY OWNED STORM WATER FACILITIES TO COMPLY WITH NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED 6 SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001). 7 The City Council of the City of Carlsbad, California, hereby ordains as follows: 8 SECTION 1: That Title 15 of the Carlsbad Municipal Code is amended by the repeal of 9 Chapter 15.12 and the adoption of new Chapter 15.12 to read as follows: 10 15.12.010 Purpose and intent. 11 The purpose of this chapter is to ensure the environmental and public health, safety, and general 12 welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by: I O A. Prohibiting non-storm water discharges to the storm water conveyance system.14 B. Eliminating discharges to the storm water conveyance system from spills, dumping or15 disposal of materials other than storm water or permitted or exempted discharges.16 C. Reducing pollutants in storm water discharges to the maximum extent practicable, including those pollutants taken up by storm water as it flows over urban areas (urban runoff).18 .g D. Reducing pollutants in storm water discharges in order to achieve applicable water quality ~~ objectives for receiving waters within the City of Carlsbad. 21 The intent of this chapter is to protect and enhance the water quality of the City of Carlsbad 22 receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act 23 and Municipal Permit. 24 15.12.020 Definitions. 25 When used in this chapter, the following terms shall have the meanings ascribed to them in this 26 section: 27 28 24 "Clean Water Act" means the Federal Water Pollution Control Act enacted by Public Law 92- 2 500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section 3 1251 et seq.), and any subsequent amendments. B. "County health officer" means the health officer of the County of San Diego Department of Public Health or designee. C. "Employee training program" means a documented employee training program for all 7 persons responsible for implementing a storm water pollution prevention plan. The employee 8 training program shall include, but is not limited to, the following topics: 9 1. Laws, regulations, and local ordinances associated with storm water pollution 10 prevention, and an overview of the potential impacts of polluted storm water on the 11 receiving waters of the San Diego region; 12 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 illicit discharges do not enter the storm water conveyance system; 5. Discussion of the differences between the storm water conveyance system and the 1' sanitary sewer system; 1ft 6. Identification of all on-site connections to the storm water conveyance system; 1Q 7. Preventive maintenance and good housekeeping procedures; 20 8. Material management practices employed by the facility to reduce or eliminate pollutant 21 contact with storm water discharge: and, 09 9. Documentation of training and records detailing dates, time, subjects covered and, 23 attendance. 24 D. "Enforcement agency" means the City of Carlsbad or its authorized agents charged with 25 ensuring compliance with this chapter. "Enforcement official" means the city manager of the City of Carlsbad or his or her designee. 27 28 2.5 1 F. "Hazardous materials" means any substance or mixture of substances which is toxic, 2 corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through 3 decomposition, heat or other means, if such a substance or mixture of substances may 4 cause, or contribute to, substantial injury, serious illness or harm to humans, domestic 5 livestock, wildlife, or deterioration of receiving water quality or the environment. 6 G. "Illegal discharge" means any discharge to the storm water conveyance system that is not 7 composed entirely of storm water, or is expressly prohibited by federal, state, or local 8 regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in 9 violation of any NPDES Permit, the Basin Plan and California Ocean Plan standards. 10 H. "Parking lot" means an open area, other than a street or other public way, used for the 11 parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers 12 or to accommodate residents of multi-family dwellings (i.e., apartments, condominiums, 13 townhomes, mobile homes, dormitories, group quarters, etc.). 14 I. "Person" means any individual, organization, business trust, company, partnership, entity, 15 firm, association, corporation, or public agency, including the State of California and the 16 United States of America. '' J. "Premises" means any building, lot parcel, real estate, land or portion of land whether ifi improved or unimproved. K. "Responsible Party" means one or more persons that control, are in possession of or own 20 property that shall be individually or, jointly and severally held responsible for compliance with 21 the provision of this chapter or with any illicit discharge from property controlled, possessed 22 or owned. As defined in this chapter, "property" includes, but is not limited to, real estate, 23 fixtures, facilities or premises of any kind located upon, under or above the real estate. This 24 definition of responsible party does not include the city when an illicit discharge is caused by 25 a person on a public street or on public property. 26 L. ''Wetlands" means areas that are inundated or "saturated by surface or ground waters at a 27 frequency and duration sufficient to support, and that under normal circumstances do 28 26 1 2 8 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 15.12.030 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 of Carlsbad, 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 chapter, and may recommend that the council amend such regulations as conditions require. 15.12.040 Applicability. This chapter shall be interpreted to assure consistency with the requirements of the federal Clean Water Act, applicable implementing regulations, and Municipal Permit. 15.12.050 Prohibited discharges. The discharge of non-storm water discharges to the storm water conveyance system or to any 17 other conveyance system which discharges into receiving water is prohibited, including, but not 18 limited to: A. Sewage; B. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities; C. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, and port-apotty servicing, etc.; D. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning, etc.; 27 E. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, 2 industrial, commercial, and residential areas including parking lots, streets, sidewalks, 3 driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.; F. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials; 6 G. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; discharges of pool or fountain filter backwash water; 8 H. Discharges of sediment, pet waste, vegetation clippings, or other landscape or 9 construction-related wastes; and 10 I. Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat 11 and trash bin wash water, etc.). 12 15.12.055 Exemptions from discharge prohibitions. 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 16 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 1810 or as a condition of a subdivision map, site plan, building permit, or development 1Q improvement plan; upon inspection of the facility; during any enforcement proceeding or 20 action; or for any other reasonable cause. 21 B. Discharges from the following activities will not be considered a source of pollutants to the 22 storm water conveyance system or receiving waters and are exempt from the definition of 23 non-storm water discharge when properly managed as required by applicable federal, state 24 and local laws, regulations or codes: 25 1. Water line flushing; 26 2. Landscape irrigation and lawn watering; 27 3. Diverted stream flows; 28 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 4. Rising ground waters or springs; 5. Uncontaminated pumped ground water not subject to any applicable NPDES permit; 6. Discharges from potable water sources not subject to any applicable NPDES permit; 7. Foundation and footing drains; 8. Air conditioning and refrigeration condensation; 9. Natural springs; 10. Water from crawl space pumps; 11. Individual residential car washing; 12. Flows from riparian habitats and wetlands; 13. Dechlorinated swimming pool discharges; 14. Emergency firefighting; and, 15. Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)]. C. The prohibition of discharges shall not apply to any discharge which the enforcement official, the county health officer, the State or San Diego 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. 15.12.060 Discharge in violation of permit. 18 Any discharge that would result in or contribute to a violation of Municipal Permit either separately 19 considered or when combined with other discharges, is prohibited. Liability for any such discharge 20 shall be the responsibility of the person(s) causing or responsible for the discharge. 21 15.12.070 Illicit connections. 09 It is prohibited to establish, use, maintain, conceal or continue illicit connections to the storm water 23 conveyance system, regardless of whether such connections were made under a permit or other 24 authorization or whether permissible under the law or practices applicable or prevailing at the time 25 of the connection except as authorized in Section 15.12.050. 26 /// 27 /// 28 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 3 practicable to eliminate or reduce pollutants entering the city's storm water conveyance 4 system. B. In order to reduce the risk of contamination of storm water and the discharge of non-storm 6 water or pollutants to the city's storm water conveyance system, the enforcement official may 7 require the person(s) conducting the following activities to implement best management 8 practices to the maximum extent practicable: 9 1. Automobile, airplane, boat, and/or vehicle repair, service, fueling, maintenance, washing, 10 storage, and/or parking; 11 2. Landscape and garden care activities including application of related products, such as 12 pesticides, herbicides, and fertilizers; 3. Building remodeling, repair and maintenance, including, but not limited to: cement 14 mixing, repair or cutting, masonry, plumbing, painting and/or coating; 4. Impervious surface or building washing or cleaning, including pressure washing or steam cleaning; 5. Storage and disposal of household hazardous waste (e.g. paints, used motor oil, 1ft0 cleaning products, pesticides, herbicides); 1Q 6. Disposal of pet waste; 20 7. Storage and disposal of green waste; 21 8. Mobile carpet, drape or furniture cleaning; 22 9. Pool, spa, Jacuzzi, or fountain cleaning, servicing, or repair; 23 10. Pest control; 24 11. Plant growing including: farmlands, fields, nurseries, greenhouses, and botanical 25 .gardens. C. Persons conducting an activity or activities that the enforcement official determines may 27 contribute to an illegal discharge to the storm water conveyance system, and/or a tributary to 28 30 1 a Clean Water Act Section 303(d) impaired water body, where the site or source generates 2 pollutants for which the water body is impaired; and/or any person within or directly adjacent 3 to or discharging directly to a coastal lagoon or other receiving water may also be subject to 4 subsection 15.12.080(6.). 5 D. Business Activity Storm Water Pollution Prevention Plan (SWPPP). When the enforcement 6 official determines that a person in the course of conducting a business-related activity 7 causes, has the potential to cause, or contributes to a violation of the water quality standards 8 set forth in the San Diego Basin Plan or California Ocean Plan, or conveys pollutants to 9 receiving waters that may cause or contribute to the deterioration of water quality, then the 10 enforcement official may require the person to develop and implement a Business Activity 11 SWPPP that includes the implementation and use of best management practices, and an 12 employee training program. This section applies, but is not limited to: 13 1. Persons conducting maintenance, storage, manufacturing, assembly, equipment ^4 operations, vehicle loading, and/or cleanup activities partially or wholly out of doors; ^ 2. Persons conducting automobile, airplane, boat, and/or equipment mechanical service, 16 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 1ft0 furniture cleaning; pest control services; eating and drinking establishments; cement 1Q mixing, repair or cutting; masonry; plumbing; painting and coating; surface or building 20 washing or cleaning services, including pressure washing or steam cleaning; botanical 21 or zoological gardens and exhibits; landscaping and lawn and garden services; nurseries 22 and greenhouses; golf courses, parks and other recreational areas/facilities; cemeteries; 23 pool and fountain cleaning; or port-a-potty servicing; 24 3. Persons owning or operating a parking lot or an impervious surface (including, but not 25 limited to, service station pavements, sidewalks, patios and paved private streets and PR roads) used for automobile-related or similar purposes shall clean those surfaces as 27 frequently and as thoroughly as is necessary, in accordance with best management 28 31 1 practices, to prevent the discharge of pollutants to the city's storm water conveyance 2 system. Sweepings or cleaning residue from parking lots or impervious surfaces shall 3 not be swept or otherwise made or allowed to enter any storm water conveyance 4 system, gutter, or roadway, but must be disposed of in accordance with regional and 5 local solid waste procedures and regulations. 6 Persons owning or operating a parking lot or impervious surfaces used for similar 7 purposes shall clean those surfaces thoroughly as is necessary to prevent the 8 accumulation and discharge of pollutants to the storm water conveyance system to the 9 maximum extent practicable, but not less than once prior to each rainy season. 10 Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be 11 swept or otherwise made or allowed to enter the gutter, roadway or storm water 12 conveyance system. 13 E. Development, Grading or Construction Activities. Any person engaged in development, 14 grading or construction in the City of Carlsbad shall utilize best management practices to 15 prevent pollutants from entering the storm water conveyance system by complying with City ^° Standards, all applicable local ordinances, including Chapter 15.16 of the Carlsbad Municipal 171' Code, the standard specifications for public works construction, when performing public work, 181 and, required provisions of all applicable NPDES Permits. 1Q In order to reduce the risk of contamination of storm water and the discharge of non-storm 20 water or pollutants to the city's storm water conveyance system, the enforcement official may 21 require the person conducting the development, grading or construction activities to prepare 22 and implement a Construction SWPPP in compliance with City Standards and/or to 23 implement best management practices to the maximum extent practicable. 24 F. No person shall stand or park any vehicle or equipment on any street for the purpose of 25 washing, greasing, repairing, and/or maintaining the vehicle or equipment, except for repairs 26 necessitated by an emergency. 27 28 32 1 G. No person shall stand or park any vehicle or equipment on any public street, if such vehicle 2 or equipment is determined by the enforcement official to be leaking fluids such as oils or 3 other fluids that contribute or have the potential to contribute a discharge of pollutants to the 4 storm water conveyance system and/or the receiving waters. 5 H. Other activities not covered by sections B, C, D, E and F of this section. 6 In order to reduce the risk of contamination of storm water, the discharge of non-storm water 7 or, pollutants to the city's storm water conveyance system, the enforcement official may 8 require the person conducting any activity not listed in sections B, C and D above, to 9 implement best management practices to the maximum extent practicable, if the enforcement 10 official determines that the activity has the potential to discharge pollutants or is known to 11 discharge pollutants to the storm water conveyance system or receiving waters. 12 |. Storm Water Management Plan (SWMP). Any project issued a development permit shall 13 comply with all applicable best management practices and low impact development (LID) 14 requirements of the Municipal Code, Standard Urban Storm Water Mitigation Plan (SUSMP), ^ City Standards and this code including but not limited to the following: ifi 1. All development permit applications for priority development projects shall be 17 accompanied by a SWMP prepared pursuant to the SUSMP. No development permit 18 shall be approved or issued unless the following requirements have been met: 19 a. The city engineer has approved the SWMP in accordance with the SUSMP; and, 20 b. The development project complies with all best management practices specified in 21 the approved SWMP. 22 2. No development permit shall be issued for a priority development project without 23 ensuring that all structural treatment control best management practices, as specified in 24 the approved SWMP, will be maintained in compliance with the requirements of the 25 Municipal Permit, JURMP and SUSMP. To ensure maintenance of the structural 26 treatment control best management practices, the owner of the development site shall enter into a Permanent Storm Water Quality Best Management Practices Maintenance28 3': 1 2 8 10 11 12 13 14 15 16 Agreement or provide an alternate maintenance mechanism as approved by the enforcement official. 15.12.090 Storm water conveyance system protection. Every person owning property through which a storm water conveyance system passes, and such person's lessee or tenant, shall keep and maintain that part of the storm water conveyance 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 storm water conveyance system. Every person shall maintain privately owned storm water conveyance structures within or adjacent to a storm water conveyance system, so that such structures do not become a hazard to the use, function or physical integrity of the storm water conveyance system. Every person shall not remove healthy banks of vegetation beyond that actually necessary for such maintenance which shall be accomplished in a manner that minimizes the vulnerability of the storm water conveyance system to erosion; and shall be responsible for maintaining that portion of the storm water conveyance system that is within their property lines in order to protect against erosion and degradation of the storm water conveyance system originating or contributed from 17 their property. 1ft No person shall commit or cause to be committed any of the following acts, unless a written permit 1Q has first been obtained from the city and the appropriate state or federal agencies, if applicable: 20 A. Discharge pollutants into or connect any pipe or channel to the storm water conveyance 21 system; 22 B. Modify the natural flow of water in a storm water conveyance system; 23 C. Carry out developments within thirty feet of the center line of any storm water conveyance 24 system or twenty feet of the edge of a storm water conveyance system, whichever is the greater distance; nc D. Deposit in, plant in, or remove any material from a storm water conveyance system including 27 its banks except as required for necessary maintenance; 28 34 1 E. Construct, alter, enlarge, connect to, change or remove any structure in a storm water 2 conveyance system; or 3 F. Place any loose or unconsolidated material along the side of or within a storm water 4 conveyance system or so close to the side as to cause a diversion of the flow, or to cause a 5 probability of such material being carried away by storm waters passing through such a storm 6 water conveyance system. 7 G. The above requirements do not supersede any requirements set forth by the California 8 Department of Fish and Game Stream Alteration Permit process. 9 15.12.095 Structural treatment control BMP maintenance requirement. 10 A. Every person owning property which includes a structural treatment control best management 11 practice (BMP), installed pursuant to a city approved Storm Water Management Plan, shall: 12 1. insure that each and every city approved structural treatment control BMP is operating 13 effectively and has been adequately maintained; and, 14 2. Provide an annual verification of the effective operation and maintenance of each and 15 every city approved structural treatment control BMP by the party responsible for the 16 maintenance of the structural treatment control BMP. The annual verification shall be 1 ^ submitted to the enforcement official in a format as approved by the city prior to the start 1 ft10 of the rainy season. 1Q B. The enforcement official shall have the authority to conduct an inspection of any property on containing a city approved structural treatment control BMP to enforce the provision of this 21 section in accordance with the inspection provisions specified in section 15.12.100 and 22 15.12.110 of this chapter. 23 15.12.100 Authority to inspect. 24 A. During normal and reasonable hours of operation, the enforcement official shall have the 25 authority to conduct an inspection to enforce the provisions of this chapter, and to ascertain oc whether the requirements of this chapter are being met. The enforcement official has the 27 authority to inspect all publicly visible and accessible areas during reasonable times without 28 35 1 the permission of the property owner or representative, as long as those areas are not 2 specifically designated as no public access areas. If inaccessible or limited access areas are 3 to be inspected, an inspection may be conducted after the enforcement official has presented 4 the proper credentials and the owner, occupant, and or facility operator authorizes entry. If 5 the enforcement official is unable to locate the owner or other persons having charge or 6 control of the premises, or the owner, occupant, and/or facility operator refuses the request 7 for entry, the City of Carlsbad is empowered to seek assistance from any court of competent 8 jurisdiction in obtaining entry. 9 After obtaining authorized entry to a business or facility, the enforcement official may: 10 1. inspect the premises at all reasonable times. 11 2. Carry out any sampling activities or install devices to conduct sampling or metering 12 operations necessary to enforce this chapter, including taking samples from the property 13 which the enforcement official reasonably believes is currently, or has in the past, 14 caused or contributed to causing an illegal storm water discharge to the storm water 15 conveyance system. Upon request by the property owner or his or her authorized '° representative, split samples shall be given to the person from whose property the 171' samples were obtained. 1ft 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm 1Q water is an illegal discharge or whether the requirements of this chapter are met. 20 4. Photograph any effluent stream, material or waste, material or waste container, 21 container label, vehicle, waste treatment process, waste disposal site connection, or 22 condition believed to contribute to storm water pollution or constitute a violation of this 23 . .chapter. 24 5. Review and obtain a copy of the Industrial Activity Storm Water Pollution Prevention 25 Plan, the hazardous materials release response plan and inventory, and/or any other 7R documents, permits, manifests, logs or records that may be required of the facility from 27 28 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 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 enforcement official, for a period not to exceed thirty days. 7. Review and obtain copies of all storm water monitoring data compiled by the facility, if such monitoring is required of the facility. 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. An inspection report shall be provided to the owner and/or occupant or facility operator, or left at the premises after being signed by a designated representative of the facility. If corrective action is required, then the occupant, facility 1ft owner, and/or facility operator shall implement corrective action plan based upon a written 19 corrective action plan. The corrective action plan shall be submitted to the enforcement agency for 20 review and approval and should state the corrective actions to be taken and the expected dates of 21 completion. Failure to implement a corrective action plan constitutes a violation of this chapter. 22 All enforcement officials shall have adequate identification. Enforcement officials and other 23 authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. 25 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 27 to the municipal storm water conveyance system such devices as are necessary to conduct 28 37 1 sampling or metering operations. During all inspections as provided herein, the enforcement 2 official may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the 3 pursuit of the investigation or in the recordation of the activities onsite. 4 15.12.120 Containment, cleanup, and notification of spills. 5 Any person owning or occupying any premises who has knowledge of any release of materials, 6 pollutants or waste which may result in pollutants or non-storm water discharges entering any 7 storm water conveyance system shall immediately take all reasonable action to contain, minimize, 8 and clean up such release. Such person shall notify the City of Carlsbad of the occurrence and 9 any other appropriate federal, state or county agency of the occurrence as soon as possible, but 10 no later than twenty-four hours from the time of the incident's occurrence. 11 15.12.130 Testing, monitoring or mitigation requirements. 12 A. The enforcement official may require that any person engaged in any activity and/or owning 13 or operating any facility which causes or contributes to storm water pollution or 14 contamination, illegal discharges, prohibited discharges and/or discharge of non-storm water ^ to the storm water conveyance system perform monitoring, including physical and chemical 16 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 1ft10 within a specified time after receiving a written notice to do so by the enforcement 19 official; 20 2. The enforcement official has documented repeated violations of this chapter by the 21 person or facility owner or operator which has caused or contributed to storm water 22 pollution. 23 It is unlawful for such person or facility owner or operator to fail or refuse to undertake and 24 provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall 25 bear a relationship to the types of pollutants which may be generated by the person's PR activities or the facility's operations. If the enforcement agency has evidence that a pollutant 27 is originating from a specific source or premises, then the enforcement agency may require 28 38 1 monitoring for that pollutant regardless of whether said pollutant may be generated by routine 2 activities or operations. The person or facility owner or operator shall be responsible for all 3 costs of these activities, analyses and reports. B. Any persons required to monitor pursuant to subsection A of this section, shall implement a 5 storm water monitoring program including, but not limited to, the following: 6 1. Routine visual monitoring for dry weather flows; 7 2. Routine visual monitoring for spills which may pollute storm water runoff; 8 3. A monitoring log including monitoring date, potential pollution sources, as noted in parts 9 1 and 2 of this section B, and a description of the mitigation measures taken to eliminate 10 any potential pollution sources; 11 4. All samples must be collected using approved procedures and guidelines as set forth by 12 federal Environmental Protection Agency (EPA) approved protocols; and, 5. The samples must be analyzed by a State of California certified laboratory qualified to undertaken such analyses. 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 if: 8 1. The person, or facility owner or operator fails to eliminate illegal or prohibited discharges 19 after receiving a written notice from the enforcement official; 20 2. The person, or facility owner or operator, fails to implement a storm water pollution 21 prevention plan, as required by the enforcement official; or, 22 3. The enforcement official has documented repeated violations of this chapter by any such 23 person or facility owner or operator which has caused or contributed to storm water 24 pollution. 25 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 27 subsections A, B, and C of this section may be discontinued. 28 39 1 E. A storm water monitoring program prepared and implemented pursuant to any state-issued 2 NPDES General Permit shall be deemed to meet the requirements of a monitoring program 3 for the purposes of this chapter. 4 15.12.140 Concealment. 5 Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is 6 unlawful and shall constitute a separate violation of this chapter. 7 15.12.150 Administrative code enforcement powers and procedures. 8 The enforcement agency and enforcement official can exercise any code enforcement powers and 9 procedures as provided in Title 1 of this code. In addition to the general enforcement powers and 10 procedures provided in Title 1 of this code, the enforcement agency and enforcement official have 11 the authority to utilize the following administrative remedies as may be necessary to enforce this 12 chapter: 13 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 15 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; 1ft 2. Comply with a time schedule for compliance; and, 1Q 3. Take appropriate remedial or preventive action to prevent the violation from recurring. 20 B. Notice to Clean, Test and/or Abate. Whenever the enforcement official finds any oil, earth, 21 dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any 22 kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of 23 land or grounds, which may result in an increase in pollutants entering the city's storm water 24 conveyance system or a non-storm water discharge to the city's storm water conveyance 25 system, the enforcement official may issue orders and give written notice to remove same in Ofo any reasonable manner. The recipient of such notice shall undertake the activities as 27 described in the notice. 28 40 1 C. Stop Work Orders. Whenever any work is being done contrary to the provisions of this 2 chapter, the enforcement official may order the work stopped by notice in writing served on 3 any person engaged in performing or causing such work to be done, and any such person 4 shall immediately stop such work until authorized by the enforcement official to proceed with 5 the work. D. Permit or License Suspension, Denial or Revocation. Violations of this chapter may be 7 grounds for permit or license suspension or revocation, including but not limited to building 8 permits, right-of-way permits, grading permits and conditional use permits. 9 E. Civil Penalties. Any person who violates any of the provisions of this chapter, fails to prepare 10 or implement a corrective action plan when requested by the enforcement official, fails to 11 implement a storm water monitoring plan, violates any cease and desist order or notice to 12 clean and abate, or fails to adopt or implement a storm water pollution prevention plan as 13 directed by the enforcement official shall be liable for a civil penalty not to exceed two thousand five hundred dollars for each day such a violation exists. The responsible party 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 171 preparing and bringing legal action under this subsection. In addition to any other applicable 18 procedures, the enforcement agency may utilize the lien procedures listed in Section 1Q 15.12.150(F) to enforce the responsible party's liability. The responsible party may also be 20 liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, 21 fish and aquatic life. 22 The enforcement official shall take all appropriate legal steps to collect these obligations, 23 including referral to the city attorney for commencement of a civil action to recover said funds. 24 If collected as a lien, the enforcement official shall cause a notice of lien to be filed with the 25 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 27 28 41 1 name of the agency to which the obligation is to be paid. Upon payment in full, the 2 enforcement official shall file a release of lien with the county recorder. 3 G. Environmental Code Enforcement Civil Penalties Fund. Civil penalties collected pursuant to 4 this chapter shall be deposited in the Environmental Code Enforcement Civil Penalties Fund 5 as established by the city manager for the enhancement of the city's code enforcement 6 efforts, environmental public outreach or education, environmental improvement grants, 7 and/or to reimburse city departments for investigative costs and costs associated with the 8 hearing process that are not paid by the responsible party. Civil penalties deposited in this 9 fund shall be appropriated and allocated in a manner determined by the city manager. The 10 city auditor shall establish accounting procedures to ensure proper account identification, 11 credit and collection. 12 15.12.160 Administrative notice, hearing, and appeal procedures. 13 A. Unless otherwise provided herein, any notice required to be given by the enforcement official ^4 under this chapter shall be in writing and served in person or by registered or certified mail. If 15 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, 1R postage prepaid, in a facility regularly serviced by the United States Postal Service whether 1Q or not the registered or certified mail is accepted. 20 B. When the enforcement official determines that a violation of one or more provisions of this 21 chapter exists or has occurred, any violator(s) or property owner(s) of record shall be served 22 by the enforcement official with a written notice and order. The notice and order shall state 23 the municipal code section violated, describe how violated, the location and date(s) of the 24 violation(s), and describe the corrective action required. The notice and order shall require 25 immediate corrective action by the violator(s) or property owner(s) and explain which 9fi method(s) of administrative enforcement are being utilized by the enforcement official: cease 27 and desist order, notice to clean and abate, establishment of a storm water pollution ' 28 1 prevention plan, and/or establishment of an employee training program. The notice and order 2 shall also explain the consequences of failure to comply, including that civil penalties shall 3 begin to immediately accrue if compliance is not achieved within ten days from the date the 4 notice and order is issued. The notice and order shall identify all hearing rights. The 5 enforcement official may propose any enforcement action reasonably necessary to abate the 6 violation. 7 C. If the violation(s) is not corrected within ten days from the date the notice and order is issued, 8 the enforcement official shall request the city manager to appoint a hearing officer and fix a 9 date, time, and place for hearing. The enforcement official shall give written notice thereof to 10 the violator(s) or owner(s) of record, at least ten days prior to the date for hearing. 11 1. The hearing officer shall consider any written or oral evidence presented to determine 12 whether the violation(s) exists, a corrective action plan should be required, a cease and 13 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 171' promulgated by the city manager. 1R0 2. In determining whether action should be taken or the amount of a civil penalty to be 1Q imposed, the hearing officer may consider any of the following factors: 20 a. Duration of the violation(s). 21 b. Frequency or recurrence. 22 c. Seriousness. • 23 d=- History. 24 e. Violator's conduct after notice and order. 25 f. Good faith effort to comply. 26 g. Economic impact of the penalty on the violator(s). 27 h. Impact of the violation on the community. 28 1 i. Any other factor which justice may require. 2 3. If the violator(s) or owner(s) of record fail to attend the hearing, it shall constitute a 3 waiver of the right to a hearing and adjudication of all or any portion of the notice and 4 order. 5 4. The hearing officer shall render a written decision within ten days of the close of the 6 hearing, including findings of fact and conclusions of law, identifying the time frame 7 involved and the factors considered in assessing civil penalties, if any. The decision shall 8 be effective immediately unless otherwise stated in the decision. The hearing officer 9 shall cause the decision to be served on the enforcement official and all participating 10 violators or owners of record. 11 5. If the persons assessed civil penalties fail to pay them within the time specified in the 12 hearing officer's decision, the unpaid amount constitutes either a personal obligation of •13 the person assessed or a lien upon the real property on which the violation occurred, in 14 the discretion of the enforcement official. If the violation(s) is not corrected as directed 15 the civil penalty continues to accrue on a daily basis. Civil penalties may not exceed one 16 hundred thousand dollars in the aggregate. When the violation is subsequently 1' corrected, the enforcement official shall notify the violator(s) and/or owner(s) of record of 18 the outstanding civil penalties and provide an opportunity for hearing if the amount(s) is 1Q disputed within ten days from such notice. 20 6. The enforcement official shall take all appropriate legal steps to collect these obligations, 21 including referral to the city attorney for commencement of a civil action to recover said 22 funds. If collected as a lien, the enforcement official shall cause a notice of lien to be 23 filed with the county recorder, inform the county auditor and county recorder of the 24 amount of the obligation, a description of the real property upon which the lien is to be 25 recovered, and the name of the agency to which the obligation is to be paid. Upon fyc payment" in full, the enforcement official shall file a release of lien with the county 27 recorder. 28 1 15.12.170 Judicial enforcement. 2 A. Criminal Penalties. Any person who violates any provision of this chapter or who fails to 3 implement a storm water monitoring plan, violates any cease and desist order or notice to 4 clean and abate, or fails to adopt or implement storm water pollution prevention plans or 5 employee training programs as directed by the enforcement official shall be punished, upon 6 conviction, by a fine not to exceed one thousand dollars for each day in which such violation 7 occurs, or imprisonment in the San Diego County jail for a period not to exceed six months, or 8 both. 9 B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water 10 conveyance system is in violation of the provisions of this chapter or otherwise threatens to 11 cause a condition of contamination, pollution, or nuisance, the enforcement official may also 12 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, notice of determination, hearing officer's decision or city council'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 18 to enforce such notice and order and decision, including the recovery of any unpaid storm 1Q drain fees and/or civil penalties provided herein. 15.12.180 Violations deemed a public nuisance. 21 In addition to the other civil and criminal penalties provided herein, any condition caused or 22 permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, 23 safety, and welfare and is declared and deemed a public nuisance, which may be summarily 24 abated and/or restored as directed by the enforcement official in accordance with the procedures 25 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. 27 /// 28 The full cost of such abatement and restoration shall be borne by the owner of the property and shall be a lien upon and against the property in accordance with the procedures set forth in Section 15.12.150(F). 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 8 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 10 simultaneous commencement of proceedings pursuant to this chapter. 11 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; 12 and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least 13 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its 14 adoption. 15 /// 17 18 /// 19 20 /// 21 22 23 24 25 26 27 28 46 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of March 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1 EXHIBIT 4 ORDINANCE NO. NS-881 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.16 OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING REQUIREMENTS AND PROCESSING 4 PROCEDURES FOR THE PREPARATION OF CONSTRUCTION STORM WATER POLLUTION PREVENTION PLANS AND REVISING STORM 5 WATER ENFORCEMENT PROVISIONS TO COMPLY WITH THE NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED SAN 6 DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001) AND, MODIFYING AND CLARIFYING 7 PROCESSING PROCEDURES FOR THE PREPARATION AND REVIEW OF GRADING PLANS. 8 The City Council of the City of Carlsbad, California, hereby ordains as follows: 9 SECTION 1: That Title 15, Chapter 15.16.030 of the Carlsbad Municipal Code is 10 amended to read as follows: 11 15.16.030 City engineer authority. A. This chapter shall be administered by the city engineer who shall have the authority and I w responsibility to:14 1. Establish the form and procedures for application for grading permits required pursuant to I O this chapter including the certification of completed applications, the approval of grading16 plans, Construction SWPPPs, the establishment of files, the processing of secured grading and erosion control agreements and the collection of fees and security deposits;18 2. Interpret the provisions of this chapter and advise the public regarding requirements fori y __ grading plans, Construction SWPPPs, specifications and special provisions; 2* 3. Establish the format and content of grading plans, Construction SWPPPs, specifications 22 and special provisions pursuant to the provisions of this chapter; 23 4. Establish and promulgate city standards to govern grading and storm water pollution 24 prevention work in accordance with good engineering practice pursuant to the provisions 25 of this chapter; 25 5. Issue permits and approve amendments, including extensions, to permits found to 27 conform with this chapter and applicable city standards and the landscape manual; 28 1 6. Issue and maintain permanent records of determinations of exemption authorized by 2 Section 15.16.060; 3 7. Approve grading and erosion control agreements; 4 8. Accept surety bonds and other forms of security in connection with grading and erosion 5 control agreements; 6 9. Monitor compliance of all grading work with city codes, city standards and any limitations 7 of the grading permit; 8 10. Record notices of grading violation and/or take other administrative actions against 9 violators of the provisions of this chapter; and 10 11. Grant authority to appropriate members of the city engineer's staff to act on behalf of the 11 city engineer with regard to any aspect of the administration of the provisions of this 12 chapter. 13 SECTION 2: That Title 15, Chapter 15.16.040 of the Carlsbad Municipal Code is ^4 amended to read as follows: 15 15.16.040 Definitions. ^ Whenever the following words, terms or phrases are used in this chapter they shall be construed '' as defined in the following subsections unless from the context in which the word, term, or phrase 1ft is used a different meaning is specifically defined or intended. 19 A. "Civil engineer" means a professional engineer in the branch of civil engineering holding a 20 valid certificate of registration issued by the state of California. 21 B. "Clearing and grubbing of vegetation" means the removal of any and all types of vegetation, 22 roots, stumps or other plant material and the clearing or breaking up of the surface of the land 23 by digging or other means. 24 C. "Default" means the condition or situation which results when an applicant fails to perform in 25 compliance with the terms and requirements of the grading and erosion control agreement 26 required pursuant to Section 15.16.140 of this chapter. 27 28 1 D. "Engineer-of-work" means the civil engineer responsible for the preparation of the grading 2 and/or construction plans, for the certification of the completed work and preparation of the 3 record plans. E. "Excavation" means the cutting, digging, removal, displacement or any other movement of soil, sand, gravel, rock or other similar material from its natural or preexisting location upon or beneath the surface of the earth by the direct action of humans and/or human invention. F. "Fill" means the depositing of soil, sand, gravel, rock, or other similar materials upon or o beneath the surface of the earth by the direct action of humans and/or human invention. 9 G. "Finished grade" means the vertical location of the ground surface upon completion of any 10 excavation or fill. 11 H. "Geologist" means a person holding a valid certificate of registration as a geologist in the 12 specialty of engineering geology issued by the state of California under provisions of the 13 Geologist Act of the Business and Professions Code. 14 "Grading" means any excavation, fill, clearing and grubbing of vegetation or any combination 15 thereof.16 J. "Grading permit" means the document issued by the city engineer pursuant to Section „_ 15.16.110, after having determined that the application demonstrates compliance with this10 chapter, city standards, the landscape manual, and all applicable portions of Titles 15, 19, 20 and 21 of this code. 21 K. "Site" is any lot or parcel of land or contiguous combination thereof, under the same 22 ownership, where grading is proposed or performed. 23 L "Soils engineer" means a person holding a valid certificate of registration as an engineer in 24 the specialty of soils engineering issued by the state of California under the provisions of the 25 Business and Professions Code. 26 M. "Uncontrolled stockpile" means any fill placed on land for which no soil testing was performed 27 or no compaction reports or other soil reports were prepared or submitted. 28 1 In addition to the above defined words, terms and phrases, the definition of words, terms and 2 phrases, as described in Chapter 15.04, shall apply to this chapter. 3 SECTION 3: That Title 15, Chapter 15.16.060 of the Carlsbad Municipal Code is the 4 amended to read as follows: 5 15.16.060 Work exempt from grading permit. 6 A. A grading permit shall not be required for the following: 7 1. An excavation below finished grade for basements and footings of a building, retaining 8 wall or other structure authorized by a valid building permit. This shall not exempt any fill 9 made with the material from such excavation nor exempt any excavation having an 10 unsupported height greater than five feet after the completion of such structure. 11 2. Cemetery graves. 12 3. Refuse disposal sites controlled by other regulations. 13 4. Excavations for wells or tunnels or utilities. 14 5. Exploratory excavations under the direction of soil engineers or engineering geologists. 15 6. Grading on any site or contiguous sites held under one ownership in which the city ^ 6 engineer finds all of the following conditions exist: 17 a. No cut or fill material exceeds three and one half feet in vertical depth at its deepest 18 point measured from the existing ground surface. The city engineer may waive this 1Q requirement for grading work which is not intended to support a building structure; 20 b. No fill material is placed on an existing slope steeper than five units horizontal to one 21 vertical; 22 c. The grading work does not adversely affect the existing drainage pattern; 23 d. The toe of any fill slope or top of any cut slope is no closer than one foot to an exterior property line; and 25 e. The amount of soil material moved does not exceed one hundred cubic yards. 9fi 7. Grading in an isolated, self-contained area if the city engineer finds that no danger to 27 private or public property can now or hereafter result from grading operations. 28 1 2 8. Grading on a site which has been previously graded to provide a relatively flat pad area, suitable for development, where the city engineer finds all of the following to exist: 3 a. The proposed grading work complies with all of the environmental protection 4 procedures described in Chapter 19.04 of this code; 5 b. The proposed grading will not adversely affect existing drainage patterns or result in a 6 condition which may cause damage to adjacent property; and 7 c. The proposed grading work is performed concurrent with the site preparation work 8 done in connection with a building permit issued pursuant to Chapter 18.04 of this 9 code and does not require a Hillside Development Permit (HDP) or a Coastal 10 Development Permit (CDP). 11 d. Best management practices (BMPs) for erosion control construction activities have 12 been incorporated into the construction documents and site design. 13 9. Clearing and grubbing of vegetation done for the purpose of routine landscape 14 maintenance, the removal of dead or diseased trees or shrubs or the removal of 15 vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for 16 the abatement of weeds. 17 10. Clearing and grubbing of vegetation done preparatory to agricultural operations on land 18 which has been used for agricultural purposes within the previous five years. 19 11. Construction of pavement surfaces less than five thousand square feet on natural or 20 existing grade for the purposes of a private road or commercial, industrial or multi- 21 residential parking lot or travelway. 22 B. All grading work, including any grading work exempted from the requirement of a grading 23 permit as determined pursuant to subsection a of this section, shall be done in compliance 24 with City standards and Titles 15, 19, 20 and 21 of this code, and within the coastal zone, 25 shall also be consistent with all certified local coastal program provisions. 26 /// 27 /// 28 1 SECTION 4: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended 2 by the adoption of new Section 15.16.065 to read as follows: 3 15.16.065 Application for Grading Plan. 4 A. A separate application for a grading plan shall be made in advance of submittal for a grading 5 permit. 6 B. Each application for a grading plan review shall include a complete grading plan review 7 application form, grading plans, specifications, engineering calculations, a soils investigation, 8 a geotechnical report and other such documentation and information as may be necessary to 9 demonstrate that the grading work will be carried out in substantial compliance with all city 10 codes, City Standards and the requirements of the Landscape Manual, Each grading plan 11 review application shall be accompanied by a Construction SWPPP prepared in accordance 12 with the requirements of this chapter and City Standards. 13 C. The city engineer may waive submission of a geotechnical report or other required 14 documents if-the applicant clearly demonstrates that the nature of the grading work applied 15 for is such that reviewing of such report or other documents is not necessary to obtain 16 compliance with this code. 17 D. A grading plan review fee shall be charged by the city for the processing of the grading plan 18 review. The fee shall be established by resolution of the city council and is for the purpose of 19 defraying the cost of processing the grading plan review. The grading plan review fee is in 20 addition to any other plan review, inspection and permit issuance fees charged for the 21 issuance of a grading permit or processing improvement plans and building plans or the 22 issuance of permits thereto. 23 E. Grading plan applications for which city approval is not granted within one year following the 24 date of application shall be deemed withdrawn. The grading plans and other documents 25 submitted for review may thereafter be returned to the applicant or destroyed by the city 26 engineer. The city engineer may extend the time for action by the applicant for a period not 27 exceeding one hundred eighty days upon request by the applicant showing that 28 1 circumstances beyond the control of the applicant have prevented action from being taken. 2 No application shall be extended more than once. In order to renew action on an application 3 after withdrawal, the applicant shall resubmit a new application and pay a new grading plan 4 review application fee. 5 F. The city engineer may authorize refunding of not more than eighty percent of the grading plan 6 review fee paid when an application for a grading plan is withdrawn in accordance with this 7 section. The city engineer shall not authorize refunding of any fee paid except upon written 8 application filed by the original permittee not later than sixty days after withdrawal of the 9 grading plan application by the applicant, when withdrawn prior to completion of the grading 10 plan review. 11 G. Any application in process on the effective date of this code amendment shall be subject to 12 the provisions of this section. The filing date for such application shall be considered to be the 13 effective date of the code amendment. 14 SECTION 5: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended 15 by the repeal of Section 15.16.090 and the adoption of new Section 15.16.067 to read as follows: 16 15.16.067 Information on grading plans, specifications and engineering reports. 17 A. All grading plans, specifications and engineering reports required for grading permit submirtal 18 shall be prepared in accordance with the following requirements: 19 1. Grading plans, specifications, engineering calculations and other relevant engineering 20 data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in 21 accordance with City Standards and be of sufficient clarity to indicate the location, nature 22 and extent of the work proposed and show in detail that it will conform to the provisions 23 of this chapter, City Standards, the Landscape Manual and Titles 15, 19, 20 and 21 of 24 this code. All grading plans must include provisions for implementation and maintenance 25 of all storm water pollution prevention measures identified in the Construction SWPPP 26 prepared for the project, pursuant to Title 15 and City Standards. 27 /// 28 1 2. Geotechnical investigation reports shall be based upon the proposed grading plan. The 2 geotechnical investigation report shall include an adequate description of the geology of 3 the site and conclusions and recommendations regarding the effect of geologic 4 conditions on the proposed development. Recommendations included in the report shall 5 be consistent with the provisions of this chapter and City Standards and shall be 6 incorporated into the grading plans and/or specifications. 7 3. Preliminary soils investigations and report(s) shall be based upon the proposed grading 8 plan. Such report(s) shall include data regarding the nature, distribution and strength of 9 existing soil types at the proposed grading site, recommendations for grading 10 procedures and design criteria for corrective measures, if required by the soils engineer. 11 Recommendations included in the report and approved by the city engineer shall be 12 incorporated into the grading plans and/or specifications. 13 SECTIONS: That Title 15, Chapter 15.16.070 of the Carlsbad Municipal Code is 14 amended to read as follows: 15 15.16.070 Application for grading permit 16 A. To obtain a grading permit, the applicant shall first file an application therefore in writing on a 17 form furnished by the city engineer for that purpose. Every such application shall: 18 1. Identify and describe the work to be covered by the grading permit for which the 19 application is made; 20 2. Describe the land on which the proposed work is to be done by legal description, street 21 address, and/or similar description that will readily identify and definitely locate the 22 proposed grading work; 23 3. State the quantity of excavation and fill for the proposed grading work including the 24 amount of excavation or fill to be imported to or exported from the grading site; 25 4. State the name, address, telephone number and state of California certification number 26 of the engineer-of-work, soils engineer and geotechnical engineer who prepared the 27 grading plan, soils report and geotechnical report for the proposed grading work; 28 1 5. State the name, address, telephone number, state contractors license number and 2 Carlsbad business license number for the contractor who will perform the grading work; 3 6. State the name, address and telephone number of the property owner upon whose 4 property the work will be done and the applicant requesting the grading permit; 5 7. Be signed by the applicant and property owner or their authorized agent(s); and, 6 8. Give other such information as may be required by the city engineer. 7 B. Each grading permit application shall be accompanied by: 8 1. Grading plans, specifications, calculations, reports and other data as required in Section 9 15.16.080; 10 2. Proof of all other applicable discretionary approvals, including a site plan approved in 11 accordance with such prior discretionary approvals, if any, pursuant to Title 20 or 21, 12 except where: 13 a. The grading work is necessary to complete a major arterial roadway or other major 14 public facility, will significantly reduce the need to haul fill material over public roads, 15 or is incidental to the grading for another project which has obtained all appropriate 16 development approvals in accordance with Titles 20 and 21 of this code, or 17 b. The grading work is found by the planning director to be reasonably consistent with 18 the future development of the site pursuant to the site's existing general plan land 19 use classification; 20 3. A completed environmental impact assessment form or submittal of other environmental 21 documentation which demonstrates compliance with the California Environmental 22 Quality Act (CEQA) and Title 19 of this code; 23 4. All appropriate documentation evidencing the applicant's right to enter upon and grade 24 property not within the ownership of the person signing the grading permit application 25 form; 26 5. An agreement for uncontrolled stockpile, if required, signed by the property owner with 27 appropriate signature notarization; and, 28 1 6. A grading permit application fee in an amount as established by the city council by 2 resolution. A separate plan review and/or inspection fee shall apply to retaining walls, 3 Construction SWPPP or major drainage structures as provided for elsewhere in this 4 code. There shall be no separate charge for standard terraced drains and similar 5 facilities. If during the grading plan review the grading quantities, upon which the grading 6 plan fee is based, are changed, the applicant shall pay any supplemental fee required or 7 receive a credit against the payment of the grading permit fee. 8 SECTION 7: That Title 15, Chapter 15.16.080 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 15.16.080 Grading Permit Submittal documents. 11 A. Each application submittal for a grading permit shall be accompanied by city approved 12 grading plans, city approved Construction SWPPP and other such documentation and 13 information as may be necessary to demonstrate that the grading work will be carried 14 out in substantial compliance with all city codes, City Standards and the requirements of 15 the Landscape Manual. 16 B. The number of copies and format of the submittal documents required pursuant to this 17 chapter shall be as prescribed by the city engineer. 18 C. All documents shall, upon submittal to the city engineer, become the property of the city 19 and shall be kept on file with the city engineer. 20 SECTION 8: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended 21 by the adoption of new Section 15.16.085 to read as follows: 22 15.16.085 Construction Storm Water Pollution Prevention Plan (SWPPP). 23 A. Each grading permit issued shall be accompanied by a Construction SWPPP prepared in 24 accordance with City Standards and approved by the City Engineer. 25 B. The City Engineer may also require preparation of a Construction SWPPP, prepared in 26 accordance with City Standards, for any person conducting development or other 27 construction activity, including grading activities which are exempt from a grading permit, in 28 1 „ order to reduce the risk of contamination of storm water and the discharge of non-storm water 2 pollutants to the city's storm water conveyance system. 3 C. Construction activities that have no potential to add pollutants to storm water or non-storm 4 water runoff may be exempt from the preparation of a Construction SWPPP, pursuant to the 5 Construction SWPPP exemption requirements of City Standards and the Municipal Permit. 6 Any construction activity exempted from the preparation of a Construction SWPPP must still 7 comply with the storm water pollution prevention requirements of City Standards at all times 8 during construction. 9 D. Each Construction SWPPP shall be prepared in a form and include the content as specified 10 in City Standards and shall be made to comply with all other applicable NPDES Permit 11 requirements. 12 13 14 15 16 17 18 19 20 21 22 23 24 E. Construction SWPPP review and inspection fees shall be charged by the City for the processing of the plan review and field inspection of the construction work. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of processing the plan review and ensuring compliance with the Construction SWPPP during construction. The Construction SWPPP review and inspection fees are in addition to any other plan review, inspection and permit issuance fees charged for processing grading plans, improvement plans and building plans or the issuance of permits thereto. F. The processing time limits, application withdrawal and refund provisions of section 15.16.082 subsections C through D shall be applicable to the processing of an application for a Construction SWPPP. SECTION 9: That Title 15, Chapter 15.16.100 of the Carlsbad Municipal Code is amended to read as follows: 15.16.100 Withdrawal of grading permit applications. pc A. Applications for which no grading permit is issued within two hundred forty days following the date of application shall be deemed withdrawn. Plans and other documents submitted for 27 review may thereafter be returned to the applicant or destroyed by the city engineer. The city 28 1 engineer may extend the time for action by the applicant for a period not exceeding one 2 hundred eighty days upon request by the applicant showing that circumstances beyond the 3 control of the applicant have prevented action from being taken. No application shall be 4 extended more than once. In order to renew action on an application after withdrawal, the 5 applicant shall resubmit a new application and pay a new grading permit application fee. B. The city engineer may authorize refunding of not more than eighty percent of the grading permit application fee paid when an application for a grading permit is withdrawn in accordance with this section. The city engineer shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than sixty days after 10 withdrawal of the grading permit application by the applicant or by action of this section. C. Any application in process on the effective date of this code amendment shall be subject to the 12 provisions of this section. The filing date for such application shall be considered to be the 13 effective date of the code amendment. 14 SECTION 10: That Title 15, Chapter 15.16.110 of the Carlsbad Municipal Code is 15 amended to read as follows: 16 15.16.110 Grading permit issuance. A. Following submittal of a completed grading permit application and completion of the following 18 requirements, the city engineer shall issue a grading permit: 19 1. Approval and signature of the grading plans by the city engineer; 20 2. Payment of the grading permit application fee required pursuant to Section 21 15.16.070(B)(6); 22 3. Submittal of a fully executed grading and erosion control agreement together with the 23 required cash and/or other securities; 24 4. Approval of a Construction SWPPP prepared in accordance with this chapter and city 25 standards; 26 27 28 1 5. Submittal of proof of valid Coastal Development Permit, Stream Alteration Permit, Army 2 Corps Permit, National Pollutant Discharge Elimination System Permit or other permits, if 3 any, required by other departments or agencies with competent authority; and 4 6. Completion of all environmental documentation in accordance with Chapter 19.04 of this 5 code. 6 B. The issuance or granting of a grading permit or approval of grading plans, specifications and 7 computations shall not be construed to be a permit for, or an approval of, any violation of any 8 of the provisions of this chapter or any other chapter of this code. Permits presuming to give 9 authority to violate or cancel the provisions of this chapter or any other chapter of this code 10 shall not be valid. 11 C. The issuance of a grading permit based on approved grading plans, Construction SWPPP, 12 specifications and other data shall not prevent the city engineer from thereafter requiring .13 correction of errors in said plans, specifications and other data, or from preventing grading 14 operations being carried on thereunder when in violation of this chapter or any other chapter 15 of this code. 16 SECTION 11: That Title 15, Chapter 15.16.140 of the Carlsbad Municipal Code is "* amended to read as follows: 1R 15.16.140 Grading and erosion control agreement and securities. 1Q A. Secured Agreement Required. Prior to issuance of a grading permit, the permittee shall enter 9Q into a secured grading and erosion control agreement with the city to guarantee performance 21 of the grading work in compliance with the grading permit. 22 B. Form of Secured Agreement. The grading and erosion control agreement shall be in a form 23 as prescribed by the city attorney which shall include, but not be limited to, the following: 24 1. Incorporation of the grading permit and the approved plans and specifications, including 25 Construction SWPPP, as part of the agreement; ?fi 2. Agreement by the permittee to comply with all the terms and conditions of the grading 27 permit including the grading permit time limits; 28 1 3. Agreement by the permittee to comply with all provisions of this chapter and other 2 applicable laws and ordinances; 3 4. A cost estimate prepared by a civil engineer which provides for the construction of all 4 earthwork, drainage facilities, retaining walls, storm water best management practices 5 including the cost of maintenance during the period of time the permit is active, 6 geotechnical mitigation measures, landscaping, irrigation and any other items needed to 7 complete the grading work; 8 5. Agreement to indemnify and hold the city harmless against any and all claims arising 9 from the performance of the grading work; and 10 e. Agreement by the permittee to maintain all safety and storm water best management 11 practices until the grading work is complete and stabilized against erosion in accordance 12 with City Standards. 13 c. Security Types. The grading and erosion control agreement shall be secured using one or 14 more of the security types listed in Section 20.16.070. 15 D. Security Requirements. Security offered to guarantee performance in connection with the '* grading and erosion control agreement shall meet the following requirements: ' 1. The amount of the security shall be sufficient to guarantee performance of all grading 1 ft' ° work described on the approved grading plans, Construction SWPPP and specifications 19 as estimated in Section 15.16.140(B)(4); ?0 2. Surety bonds shall be valid upon the date of filing with the city and shall remain valid 21 until the work has been completed to the satisfaction of the city engineer. Any extension 22 of the time specified in the permit shall not be cause for release of a surety bond; 23 3. The surety company which issues a surety bond shall meet or exceed the minimum 24 qualifications established by the city council by resolution; 25 4. The city engineer may require that up to ten percent of the engineer's estimated cost for 26 the grading work be submitted in the form of a cash deposit, provided however, that no 27 such cash deposit shall be less than five hundred dollars. The cash deposit may be 28 1 utilized by the city to cure any default in regard to the performance of work covered by 2 the grading and erosion control agreement including but not limited to cleaning, repair 3 and rehabilitation of public or private facilities that are damaged by sedimentation, 4 erosion or construction activities and to insure that adequate safeguards for the 5 prevention of erosion and sedimentation are in place when needed; 6 5. The city engineer may allow a single security to cover work under multiple grading 7 permits when the work covered is either part of a progressive construction of a single 8 project or when several concurrent projects are being constructed by one permittee. In 9 such cases, the grading and erosion control agreement shall include reference to the 10 multiple permit requirements or a grading and erosion control agreement shall be 11 submitted for each separate permit; and 12 6. The city engineer may permit substitution of the required security either in kind or of any 13 other type allowed for in Section 20.16.070; provided, however, that the substitute 14 security is adequate to insure completion of the remaining work to be performed and the ^ security is found to be of proper form and substance. The original security may be 16 released upon acceptance of the new security and upon determination that all conditions 17 of the permit are being complied with and there is no default as to the performance of 1ft1 ° the work up to the date of acceptance of the new security. 1Q E. Secured Agreement Waivers. The city engineer may waive the requirement for a secured 20 agreement or may waive all or any portion of the security amount if the applicant clearly 21 demonstrates to the city engineer that the proposed grading work will not adversely affect or 22 will have minimal impact upon public or private property and upon the health, safety and 23 welfare of the public. In no such case, shall the city engineer reduce the security amount 24 below the amount needed to ensure public safety and to secure the site with storm water best 25 management practices. 26 F. Reduction of Security. The city engineer may reduce the amount of the security 27 commensurate with the value of the grading work which has been completed. In no case shall 28 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 security be reduced below the amount necessary to ensure public health, safety am welfare. G. Release of Security. The city engineer shall release the security held by the city to secure th« grading work upon completion of the work in substantial compliance with the terms anc conditions of the permit and the provisions of this chapter. H. Default Procedures. Whenever the permittee fails to perform in compliance with the terms and requirements of the grading and erosion control agreement, the city engineer may, in addition to any other administrative and judicial remedies allowed pursuant to this chapter, make a demand upon the cash, letter of credit, surety bond or other collateral held as security for the grading and erosion control agreement in accordance with the following procedures: 1. Notice of Default. The city engineer shall send a written notice of default by certified mail to the permittee which specifies the permit number and identifies the location, nature and extent of the activity or condition which contributed to the default. The notice of default shall specify the work to be done to cure the default, the estimated cost of such work and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work. A copy of the notice of default shall be mailed to the owner of the grading site and to the surety company, bank or institution which provided the security for the grading and erosion control agreement. 2. Emergency Corrective Actions. In the event the work needed to cure the default is not completed by the permittee, surety company or financial institution within the period of time specified on the notice of default, the city engineer may thereupon enter the property for the purpose of performing, by city forces or by other means, the necessary corrective or curative work. The cost for such corrective work shall be paid for by the permittee, surety company or financial institution as provided for in this section. 3. Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the notice of default, the surety company or financial institution shall, within the time specified, cause or require the work needed to cure the default to be performed, or failing therein, shall 1 pay over to the city the estimated cost of doing the work as set forth in the notice o 2 default. 3 4. Cash Deposit. Upon expiration of the time period specified in the notice of default, the 4 city engineer may withdraw all or any portion of the cash deposit to reimburse the city for 5 completing or having a third party complete the work needed to cure the default as 6 specified in the notice of default. Upon utilizing the cash deposit, the city engineer shall 7 notify the applicant in writing of the amount utilized and the purpose for which the 8 deposit was used. 9 SECTION 12: That Title 15, Chapter 15.16.170 of the Carlsbad Municipal Code is 10 amended to read as follows: 11 15.16.170 Unlawful acts. 12 A. It is unlawful to: 13 1. Perform grading work without a grading permit when such permit is required pursuant to 14 this chapter; 15 2. Perform any grading work which is not in conformance with an approved grading permit; 16 3. Make a false statement or furnish false data on any application, grading plan, "" engineering report or other document required pursuant to the provisions of this chapter; 18 1Q 4. Delay, frustrate or otherwise hinder the efforts of the city engineer or his/her designee 20 from carrying out the duties required pursuant to the provisions of this chapter. 21 B. Regardless of whether or not a grading permit has been issued or is required to be issued, it 22 is unlawful for any person to commit or cause to be committed the following acts or, to 23 maintain or cause to be maintained a property in such a manner as to result in the 24 commission of the following acts: 25 1. Grading in such a manner as to become a hazard to life and limb or to endanger property pe or to adversely affect the safe use or stability of a public property, place or way; 27 /// 28 1 2. Grading without application of appropriate storm water best management practices 2 (BMPs) in accordance the provisions of Title 15, City Standards and Municipal Permit; 3 3. Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any 4 bank, slope or other earthen surface unprotected so as to cause any such earthen 5 material to be deposited upon or to roll, blow or wash upon or over the premises of 6 another without the express consent of the owner of each such premises so affected or, 7 upon or over any public property, place or way. Such consent shall be in writing and in a 8 form acceptable to the city engineer; or 9 4. Transport, haul or otherwise move any soil, sand, gravel, rock or other earthen material 10 over any public or private street, place or way in such a manner as to allow such materials 11 to blow or spill over and upon such public or private street, place or way. 12 SECTION 13: That Title 15, Chapter 15.16.190 of the Carlsbad Municipal Code is amended to read as follows: 15.16.190 Enforcement measures - Remedies A. Whenever the city engineer determines that an unlawful act, as defined in Section 15.16.170, has been committed by an individual operating with or without benefit of a grading permit, the 17'' following enforcement measures and remedies may be undertaken by the city engineer, in lieu of or in addition to any remedial actions undertaken in accordance with Section 19 15.16.140: 20 i. Stop Work Notice. The city engineer may issue a stop work notice demanding that all 21 unlawful activities, as defined in this chapter, be stopped until a valid grading permit is 22 obtained or corrective action is authorized by the city engineer. The city engineer may 23 allow continuance of the work to the extent necessary to install protective measures to 24 safeguard the public or to secure the site against erosion, sedimentation and the 25 discharge of non-storm water pollutants. Prior to resumption of any work, other than as OC may be permitted by the city engineer pursuant to this subsection, on a permitted 27 grading operation, the permittee shall restore all cash deposits and/or other securities 28 1 consumed by the city to the amount specified in the approved grading and erosion 2 control agreement. 3 2. Owner Notification. The owner of the property shall be notified in writing that a violation 4 has occurred. The notification shall specify the location, nature and extent of the activity 5 or condition which contributed to the violation, the corrective action needed to cure the i 6 violation and the period of time deemed necessary by the city engineer to correct the 7 violation. 8 3. Record Notice of Grading Violation. In the event that the owner does not correct the 9 violation in the manner or within the time period requested by the city engineer, the city 10 engineer shall record a notice of grading violation against the property with the county 11 recorder. Upon completion of any corrective action and/or issuance of a valid grading 12 permit and upon payment of the investigation fee required pursuant to this section, the 13 city engineer shall file a notice of release of grading violation with the county recorder 14 releasing the property from the notice of grading violation. 15 4. Prohibition of Development Permits. Any property which has a notice of grading violation 1° recorded against it shall be prohibited from obtaining or using any development permit 1' pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in 1ft0 accordance with the requirements of the city engineer and, a notice of release of grading 1Q violation has been recorded with the county recorder. 20 5. Investigation Fee. An investigation fee shall be paid by the person responsible for the 21 violation in accordance with the provisions of this chapter. The payment of such 22 investigation fee shall not relieve any person from the performance of the corrective 23 work or otherwise complying with the requirements of this chapter. 24 6. Criminal Penalties. Each person, firm or corporation who commences or does any 25 grading contrary to the provisions of this chapter, or otherwise violates the provisions of pC this chapter, is guilty of an infraction. Every day during any portion of which any violation 27 of any provisions of this title is committed, continued or permitted by such person, firm or 28 1 corporation, shall be deemed a separate violation and shall be punishable as provided in 2 this title and in Section 1.08.010(b) of this code. 3 7. Abatement of Public Nuisance. Any grading commenced or done contrary to the 4 provisions of this chapter, or other violation of this chapter, shall be, and the same is 5 declared to be, a public nuisance. Upon order of the city council, the city attorney shall 6 commence necessary proceedings for the abatement of any such public nuisance in the 7 manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by 8 this chapter shall be prima facie evidence of the fact that a public nuisance has been 9 committed in connection with any grading commenced or done contrary to the provisions 10 of this chapter. 11 8. Civil Action. The city attorney may, at the request of the city engineer, initiate any 12 appropriate civil action in a court of competent jurisdiction to enforce the stop work 13 notice, including the required corrective actions, and/or the grading and erosion control 14 agreement, including the recovery of any funds expended by the city to abate any public 15 nuisance resulting from an unlawful act as defined in Section 15.16.170 and any 16 additional civil penalties provided for by law. '' EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; 1 ft and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least 19 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its 20 . A-adoption. 21 /// 22 /// 23 24 25 26 27 28 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of March 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of '_ 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1 EXHIBIT 5 ORDINANCE NO- NS-882 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE REQUIRING BUILDING CONSTRUCTION TO 4 COMPLY WITH NEW STORM WATER PROTECTION REQUIREMENTS OF THE UPDATED SAN DIEGO REGIONAL WATER QUALITY 5 CONTROL BOARD MUNICIPAL PERMIT (ORDER NO. 2007-0001). 6 The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 SECTION 1: That Title 18 of the Carlsbad Municipal Code is amended by the adoption 8 of the new Chapter 18.48, entitled "Storm Water Pollution Prevention" to read as follows: 9 18.48.010 Purpose and intent. 10 The purpose of this chapter is to ensure the environmental and public health, safety, and general 11 welfare of the residential, commercial, and industrial sectors of the City of Carlsbad by: 12 . _ A. Prohibiting non-storm water discharges to the storm water conveyance system. 14 B. Eliminating discharges to the storm water conveyance system from spills, dumping or 15 disposal of materials other than storm water or permitted or exempted discharges. ifi10 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. 18 D. Reducing pollutants in storm water discharges in order to achieve applicable water quality 19 objectives for receiving waters within the City of Carlsbad. 20 18.48.020 Definitions.21 22 For purposes of this chapter, the definitions for the words, terms or phrases defined in chapter 23 15.04 of this code shall be used. 24 18.48.030 Prohibition on development. 25 For any property subject to this chapter, notwithstanding any provision of this code to the contrary, oc no building permit or certificate of occupancy permit for any project shall be issued and no person 27 28 shall build, use or occupy any project, without first complying with the storm water protection provisions of Title 15 of this code. 18.48.040 Requirement for permit issuance. 4 A. Prior to the issuance of a building permit or certificate of occupancy permit for a project, the 5 project owner or developer shall: 6 1. Provide the City Engineer with a completed storm water requirements applicability questionnaire in accordance with Standard Urban Storm Water Mitigation Plan (SUSMP) 8 requirements. If the project is determined by the City Engineer to be a priorityy development project, then the project owner or developer shall: 11 12 13 14 15 23 24 25 26 27 a. Prepare and submit a storm water management plan in conformance with the requirements of the SUSMP and Title 15 of this code; b. Enter into a Permanent Storm Water Quality Best Management Practices Maintenance Agreement or provide an alternate maintenance mechanism as approved by the City Engineer. 16 2. Agree to comply with storm water best management practices during construction of the 17 building, structure or dwelling. 18 B. A City-approved Construction SWPPP is required to be submitted prior to building permit 19 issuance in accordance with City standards and Chapter 15.16.085 of this code for any 20 project which has the potential for adding pollutants to storm water or non-storm water runoff 21 during construction activities, unless an exemption from such requirement is provided 22 pursuant to Chapter 15.16.085 and the Municipal Permit. 18.48.050 Duty to deny final building permit approval. The community development director shall deny final approval and acceptance of a building permit, and shall refuse to allow final public utility connection and occupancy in any building, 28 70 structure or dwelling unless the project owner or developer has complied with all storm water protection provisions of Title 15 of this code. 3 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its c adoption. 7 8 9 10 /// 11 /// 12 /// 13 14 15 '" 16 /// 17 /// 18 19 20 21 22 /// 23 /// 24 25 26 27 /// 28 71 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council or 2 the 25th day of March 2008, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2008, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22 " 23 24 25 26 27 28 EXHIBIT 6 Draft Chapter 11.16 Strikeout Version Chapter 11.16 Permits for Work or Encroachments in Public Property 11. 16.010 Title. The ordinance codified in this chapter may be cited as the "Right-of-Way Permit Ordinance." (Ord. NS-386 § 2 (part), 1996) 11. 16.020 Definitions. Ar-TFor the purpose of this chapter, the following words, terms and phrases shall have the following meanings as set out in this ohapteFsection: A. "City engineer" means the city engineer of the city of Carlsbad or his designated representative. B. "Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this subsection, which is placed in, under or over any portion of a public place. C. "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material structure or object of any kind or character, whether enumerated in this subsection or not which is constructed, left, placed or maintained in, upon, along, across, under or over any public place. D. "Improvement plans" means the construction plans, prepared by a civil engineer, in accordance with City Standards for the purpose of describing a public improvement to be constructed, repaired, rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the construction plans, prepared by a civil engineer, in accordance with City Standards for the purpose of describing a private improvement to be constructed, repaired, rehabilitated and/or otherwise installed on private property or in a public easement or right-of-way. "Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. "Redevelopment director" means the redevelopment director of the cCity of Carlsbad or his designated representative. "Specification" means the Standard Specifications for Public Works Construction (current edition including supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans. HrU'Standard drawings" means the "standard drawings" of the Ceity of Carlsbad, adopted and revised by the city engineer and the most recently adopted San Diego Area Regional Standard Drawings. In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04. shall apply to this chapter. (Ord. NS-386 § 2 (part), 1996) 73 11.16.030 City engineer's authority and responsibilities. This chapter shall be administered by the city engineer who shall have the responsibility and authority to: A. Establish the form and procedures for application for right-of-way permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits; B. Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter; C. Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter; D. Issue right-of-way permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare; E. Consider and approve amendments, including extensions, of any right-of-way permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property; F. The city engineer shall, subject to the authority of the community development director pursuant to Section 1.08.020, administer and enforce the provisions of this chapter. (Ord. NS-386 § 2 (part), 1996) 11.16.040 Redevelopment director's authority and responsibilities. In cases where a sign or table is proposed to be placed in the right-of-way within the village redevelopment zone, the redevelopment director shall be the city engineer's designated representative and shall have all of the authority and responsibilities of the city engineer as stated in this chapter. (Ord. NS-386 § 2 (part), 1996) 11.16.050 Permits-Required. No person shall do any of the following acts without first obtaining a valid right-of-way permit: A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever; B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by the city standard drawings or city policy within a public place; or place, change, renew an encroachment in, over, along or across or through any street right-of-way or public place excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys and anchors do not interfere with or lie within ten feet of existing improvements; C. Place any banner over, across, on, or along any public place; D. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub, or flower growing within any public place excepting necessary pruning or trimming to protect persons or property; E. Construct or modify or cause to be constructed or modified, any storm drain or conveyor of drainage waters and appurtenant items within a public place; F. Modify, alter or deface any block wall on or adjacent to public places; G. Engage in any traffic-control operations in such a fashion as to affect any public place while constructing, demolishing or maintaining any facility; H. Enter onto or exit from any public place at any location not approved and constructed as a driveway; 74 I. Install marquees, awnings and building mounted signs which obtrude into a public place. (Ord. NS-386 § 2 (part), 1996) 11.16.060 Permits-Application. A. Any person proposing to do any of the acts described in Section 11.16.050 of this chapter shall make an application for a right-of-way permit to the city engineer. B. The following information shall be included on the application: 1. The location, nature and extent of work to be performed; 2. The proposed date when such work shall be commenced; 3. The proposed date when work shall be completed; 4. Such other information as may be required by the city engineer. C. The city engineer may require the application to contain an encroachment agreement if deemed necessary due to the size, duration, and/or nature of the encroachment. The encroachment agreement shall require removal of the encroachment by the permittee upon reasonable demand by the city engineer, adequate security for performance of such promise, and be in a form acceptable to the city attorney. It may be executed on behalf of the city by the city engineer. D. If the work proposed to be done requires the making of plans or the setting of stakes, or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the State Department of Consumer Affairs. E. Upon right-of-way permit issuance the application shall become part of the right-of-way permit. (Ord. NS-386 § 2 (part), 1996) 11.16.070 Relocation of structures-Removal of encroachment. The city engineer may require any person who, pursuant to a duly issued right-of-way permit under this chapter, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the city engineer, whenever such move is necessary to ensure the safety and convenience of the public or facilitate construction within the right-of-way. The city engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion. Any encroachment agreement required by the city engineer shall specify these requirements and require adequate security to enforce these provisions if the permittee fails to do so. (Ord. NS-386 § 2 (part), 1996) 11.16.080 Permits—Commencement and completion of work. Every permittee shall commence work as stipulated in the right-of-way permit and diligently pursue the work to completion without interruption within the time period required by the right-of-way permit. Right-of-way permits issued under this chapter shall be valid for the period of time specified in the right-of-way permits, unless the city engineer grants a time extension. (Ord. NS-386 § 2 (part), 1996) 11.16.090 Permits-Requirements for performance of work. A. The permittee shall perform the work in a timely manner, in accordance with approved plans, specifications and eCity sStandardsi andx to the satisfaction of the city engineer. B. No person shall cause any public improvement or appurtenant work to be performed upon any public place within the city by any person other than a licensed contractor or a public utility. 75 C. Any works conducted requiring the temporary, partial or full closure of the traveled or pedestrian right-of-way shall not be commenced until the permittee has obtained a permit therefor pursuant to Title 8 or Title 10 of this code and has been issued a traffic-control permit stipulating the date, time and provisions under which closure may be carried out. D. As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such work shall be accomplished at the expense of the permittee. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so, within twenty-four hours after having been notified, the work may be done by the city and the cost thereof charged to the permittee. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the city engineer. E. All work affecting public improvements or public safety shall be inspected by the city engineer as follows: 1. No person shall prevent or obstruct the city engineer in making any inspection authorized by this chapter or in taking any sample or in making any test; 2. Twenty-four-hour notice to the city engineer is required for all inspections; 3. All work not in conformance with approved plans and specifications is subject to rejection by the city engineer; Request for final inspections shall be made in writing. (Ord. NS-386 § 2 (part), 1996) F. Prior to the issuance of a right-of-way permit for a project, the project owner or authorized agent shall: 1. Provide the city engineer with a completed storm water requirements applicability questionnaire in accordance with SUSMP requirements: 2. If the project is determined to be a priority development project, then the project owner or authorized agent shall: (a) Prepare and submit a storm water management plan in conformance with the requirements of City Standards and Title 15 of this code; (b) Enter into a Permanent Storm Water Quality Best Management Practices Maintenance Agreement or provide an alternate maintenance mechanism as approved by the city engineer. G. A city approved Construction SWPPP is required to be submitted prior to right-of-way permit issuance in accordance with City Standards and Chapter 15.16.085 of this code for any project which has the potential for adding pollutants to storm water or ' non-storm water runoff during construction activities, unless an exemption from such requirement is provided pursuant to Chapter 15.16.085 and the Municipal Permit. 11.16.100 Permits-Acceptance of work. The city engineer, upon determination by survey or by inspection or by both, that the work has been completed according to the requirements of this chapter and the right-of- way permit, shall issue a certificate of acceptance which shall contain a statement of the location, nature and extent of the work performed under the right-of-way permit. (Ord. NS-386 §2 (part), 1996) 76 11.16.110 Permits^-Denial and revocation. A. The city engineer may deny the issuance of a right-of-way permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the city for past permit violations or who in the judgment of the city engineer has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety. B. The city engineer may deny the issuance of a right-of-way permit to any person who refuses to execute an encroachment agreement as required pursuant to Section 11.16.060. C. Any permittee found in violation of the conditions of a right-of-way permit or the provisions of this chapter shall be given a written notice to comply stipulating the code violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been implemented, the city engineer may revoke the right-of-way permit and take any measures required to secure the work site or return the work site to its original condition. The cost of such work may be collected from the permittee. (Ord. NS-386 § 2 (part), 1996) D. The city engineer shall deny the issuance of a right-of-way permit to any person who refuses to comply with all storm water protection provisions of this chapter or Title 15 of this code. 11.16.120 Appeal procedure. A. An individual may appeal the decision of the city engineer made in regard to administration of this chapter to the city council within ten calendar days following the decision. Appeals shall be in writing, filed with the city clerk and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the city council. The decision of the city council shall be final. B. The city clerk shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address. (Ord. NS-386 § 2 (part), 1996) 11.16.130 Right-of-way permit fees. Right-of-way permit fees shall be charged by the city for the processing of a right-of-way application and the issuance of a right-of-way permit. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of processing an application, issuing the requested right-of-way permit, inspection of works completed under the right-of-way permit and other costs of administrating this chapter. (Ord. NS-386 §2 (part), 1996) 11.16.140 Performance deposits. (a) As a condition of issuance of a right-of-way permit, the city engineer may require posting of a cash deposit or an equivalent security in a form acceptable to the city attorney. The city engineer may require that up to one hundred percent of any deposit be submitted in the form of a cash deposit. The cash deposit may be used at the discretion of the city engineer to provide for traffic-control, restoration of public facilities or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely manner to provide for the public health, safety or welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work contemplated under the permit including removal 77 of Encroachments, if required. Each deposit shall be accompanied by a right-of-way cash security agreement stipulating the uses and conditions under which the funds may be expended. (b) The amount of the deposit shall be established by the city engineer based on the size, duration, and/or nature of the encroachment. (c) Upon completion and acceptance of work under permit, any funds unused shall be refunded to the permittee and any other bonds or security instruments shall be released. (d) If any deposit or security is not sufficient for the protection of the public interest in the public places, the city engineer may require an additional deposit or an increase in the security in such amount as he determines necessary. The permittee shall, upon demand, deposit the additional cash or security. Upon failure or refusal to pay, the city engineer may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee. (e) Where work is to be done by persons or utilities operating under a franchise issued by the city or regulated by the State Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be liable for the actual cost of any work to be done by the city in restoring the area covered by the permit to the satisfaction of the city engineer. (Ord. NS-386 § 2 (part), 1996) 11.16.145 Improvement Plans. A. Improvement plans shall be prepared in accordance with City Standards and this chapter for all work involving the construction repair and/or major rehabilitation of public improvements with a public place. The city engineer may waive the requirement for preparation of improvement plans if. in the opinion of the city engineer, the improvements are of a size or type that does not warrant the preparation of improvement plans. B. A separate application for each set of improvement plans, if required, shall be made in advance of submittal for a right-of-way permit. Each application for improvement plan review shall include a completed application form, improvement plans, specifications, engineering calculations, a soils and/or geotechnical investigation, and other such calculations, documentation and information as may be necessary to demonstrate that the improvement work will be carried out in substantial compliance with all city codes, City Standards and the requirements of the Landscape Manual. Each improvement plan review application shall be accompanied by a Construction SWPPP prepared in accordance with the requirements of this chapter, Title 15 and City Standards. C. An improvement plan review fee and inspection fee shall be charged by the city for the processing of the improvement plan review and inspecting the improvements during construction. The fees shall be established by resolution of the city council and are for the purpose.of defraying the cost of processing the improvement plan review and inspecting the improvements during construction. The improvement plan review fee and inspection fee are in addition to any other plan review, inspection and permit issuance fees charged for the issuance of a right-of-way permit or processing grading plans and building plans or, the issuance of permits thereto. D. Improvement plan applications for which city approval is not granted one year following the date of application shall be deemed withdrawn. The improvement plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the city engineer. The city engineer may extend the time 78 for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay new improvement plan review and inspection fees. E. The city engineer may authorize refunding of the entire improvement plan inspection fee and not more than eighty percent of the improvement plan review fee paid when an application for a improvement plan is withdrawn in accordance with this section. The city engineer shall not authorize refunding of any fee paid except upon written application filed by the original applicant not later than sixty days after withdrawal of the improvement plan application by the applicant, when withdrawn prior to completion of the improvement plan review. F. Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment. 15.16.146 Improvement Plan Security. A. The owner, developer or subdivider shall enter into a secured agreement with the city guaranteeing the construction of the public improvements in accordance with this chapter and the improvement security requirements of Chapters 20.16.070 and 20.16.080 of this code, prior to issuance of a right-of-way permit or at such other time as required per the conditions of approval for projects approved pursuant to Titles 20 and 21 of this code. B. The improvement security release procedures described in Chapter 20.16.090 of this code shall be followed for release of security posted per the requirements of this section. 11.16.150 Placement of materials or obstruction of streets. A. No person shall place or maintain any material or any obstruction or impediment to travel in or upon any public place without a permit to do so. B. Persons violating provisions of this section shall be issued a notice of removal and given a specified time to remove such material, obstruction or impediment. Any failure to comply with the notice is unlawful and a public nuisance endangering the health, safety and general welfare of the public. In addition to any other remedy provided by law for the abatement of such public nuisance, the city engineer may, after giving notice, cause the work necessary to accomplish the removal. The costs thereof may be assessed against the owner or owners of the project creating the obstruction. C. Notice of removal shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property creating the obstruction at the address shown on the assessment roll. Notice shall also be sent to any person known to the city engineer to be responsible for the nuisance. The city engineer shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within twenty-four hours after receipt of such notice and diligently prosecuted (without interruption) to completion, the city shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the 79 city, will be assessed against the property or against each separate lot and become a lien upon such property. D. If upon the expiration of the twenty-four hour period provided for in subsection C of this section, the work has not been done, or having commenced, is not being performed with diligence, the city engineer shall proceed to do such work or cause such work to be done. Upon completion of such work, the city engineer shall file written report with the city council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which cost is to be assessed. The city council shall thereupon fix a time and place for hearing protest against the assessment of the cost of such work. The city engineer or the city clerk, if so directed by the council, shall thereafter give notice in writing to the owners of the project in the manner provided in subsection (c) of the hour and place that the city council will pass upon the city engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment. E. Upon the date and hour set for the hearing of protests, the city council shall hear and consider the city engineer's report and all protests, if there are any, and then proceed to confirm, modify or reject the assessments. F. A list of assessments as finally confirmed by the city council shall be sent to the city treasurer for collection. If any assessment is not paid within ten days after its confirmation by the city council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien, substantially in the following form: NOTICE OF LIEN Pursuant to Chapter 11.16, Title 11, of the Carlsbad Municipal Code (Ordinance No. ), the City of Carlsbad did on the day of , 20 , cause maintenance and report work to be done in the public right-of-way for the purpose of abating a public nuisance caused by activities related to construction at the property described below. The Council of the City of Carlsbad did on the day of , 20 , by its Resolution No. assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real properly until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: (Description of property) Dated this day of , 20 . City Clerk, City of Carlsbad. G. From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against the property. From and after the date of 80 recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereof. (Ord. NS-386 § 2 (part), 1996) 11.16.160 Holding city harmless-Insurance. The applicant for a right-of-way permit, as a condition to receiving a right-of-way permit, shall sign a statement that he agrees to indemnify and hold harmless the city, and each officer and employee thereof, from any liability or responsibility for death or injury to persons and loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any right-of-way permit granted pursuant to the application. The applicant shall be required to provide proof of liability insurance in the amount of at least one million dollars and shall name the city as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the city. Any deductible or self-insured retention under the insurance policy shall be in an amount acceptable to the city. (Ord. NS-386 § 2 (part), 1996) 11.16.170 Exemptions. The city and its employees, acting in their official capacity, are exempt from the requirements set forth in this chapter. (Ord. NS-386 § 2 (part), 1996) 81 EXHIBIT 7 Draft Chapter 15.04 Strikeout Version Chapter 15.04 GENERAL REGULATIONS Sections: 15.04.010 Title 15.04.020 Definitions 15.04.010 Title. This title shall be known as the Grading and Drainage Ordinances. (Ord. NS-385 § 3, 1996: Ord. NS-293 § 2 (part), 1994) 15.04.020 Definitions. For the purpose of this title, the following words or phrases shall be construed as defined 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. (af'Best management practices (BMP)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, employee training programs, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to storm water 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. Best management practices also include the use of structural treatment controls designed to remove pollutants from storrn water runoff. C^_"Building permit" means a permit required by and issued pursuant to Chapter 18.04 of this code. D. (fe)-"Building footprint" means the gross floor area of a structure measured at the ground level elevation within the confines of the exterior wall surfaces. E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared pursuant to General Industrial Activity Permit or pursuant to Section 15.12.080 for the purpose of 1) identifying and evaluating sources of pollutants associated with business activities that may affect the quality of storm water discharges and authorized non-storm water discharges from a facility; and 2) Identifying and implementing site-specific best management practices to reduce or prevent pollutants associated with business activities in storm water discharges and authorized non-storm water discharges from a facility. F. "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 February 14, 2006. and any subsequent amendment, revision or re-issuance thereof. G. "City Standards" means the standards used for the design and construction of public and private improvements in Carlsbad, including grading improvements and storm water best management practices, as contained in the latest edition of the "City of Carlsbad City Standards" as promulgated by the city engineer. H. "Construction SWPPP" means a storm water pollution prevention plan prepared pursuant to the General Construction Permit, Chapters 11.16.090. 15.12.080. 15.16.085 and 18.48.040 82 of this code and, City Standards for the purpose of 1) identifying and evaluating sources of pollutants associated with construction activities that may affect the quality of storm water discharges and authorized non-storm water discharges from a construction site: and 2) identifying and implementing site-specific best management practices to reduce or prevent pollutants associated with construction activities in storm water discharges and authorized non-storm water discharges from a construction site. I. "Development" means: 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 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: 5. A change in the intensity of the use of water, or of access to water. 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). J. "Development permit" means any permit approval or entitlement issued pursuant to Titles 11. 15.18. 20 or 21 of this code. K. "Development project" means any new development or redevelopment with land disturbing activities: structural development, including construction or installation of a building or structure: the creation of impervious surfaces: public agency projects: and, land subdivision. L. "Drainage master plan" means the report entitled Master Drainage and Storm Water Quality Management Plan, dated March 1994, and any supplements, revision or modification thereto as may be approved by city council resolution. M. "General Construction Permit" means NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Water Quality Order No. 99-08-DWQ. NPDES No. CAS000002) issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Construction Permit establishes a framework for regulating the discharge of storm water runoff from construction activities that encompass one of more acres of soil disturbance. N. "General Industrial Activity Permit" means NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Order No. 97-03-DWQ. NPDES No. CAS 000001) issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Industrial Activity Permit establishes a framework for regulating the discharge of storm water runoff from certain industrial activities as specified in the permit. O. "General Linear Utility Permit" means NPDES General Permit for Storm Water Discharges Associated with Construction Activity from Small Linear Underground/Overhead Projects, Water Quality Order No. 2003-0007 issued by the State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The General Linear Utility Permit establishes a framework for regulating the discharge of storm water runoff from small linear underground or overhead utility projects as specified in the permit. 83 P. "Illicit connection" means any physical connection (pipe, facility, or other device) to the storm water conveyance system permitted or unpermitted by the City of Carlsbad, which drains illegal discharges either directly or indirectly into a storm water conveyance system. Q. "Jurisdictional Urban Runoff Mitigation Plan (JURMP)" means a plan, prepared pursuant to Municipal Permit, to: 1. Ensure that discharges from municipal separate storm sewer system do not cause or contribute to degradation of water quality, 2. Effectively prohibit urban discharges of illicit connections to the municipal separate storm sewer system, and, 3. Reduce the discharge of pollutants from municipal separate storm sewer system to the maximum extent practicable. When used in the Carlsbad Municipal Code, this refers to the JURMP adopted by the city of Carlsbad. R. "Landscape Manual" means the "Landscape Manual" adopted by city council resolution which contains the policies and requirements for the design, construction and maintenance of landscape and irrigation systems constructed pursuant to a city development approval. S. "Low impact Design (LID)" means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered small-scale hydrologic controls to more closely reflect pre-development hydrologic functions. {©) "Master drainage plan" means the report entitled Master Drainage and Storm Water Quality Management Plan, dated March, 1991, and any supplements, revision or modification thereto as may be approved by city council resolution. T. "Maximum extent practicable (MEPV 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. U. "Municipal Permit" means California Regional Water Quality Control Board San Diego Region Order No. R9-2007-01. NPDES No. CAS0108758 Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego County, the San Diego Unified Port District, and the San Diego County Regional Airport Authority (Municipal Permit), and any amendment, revision or re-issuance thereof. V. "National Pollution Discharge Elimination System (NPDES) Permit" means a permit issued by the San Diego 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. Municipal Permit; 2. General Industrial Activity Permit: 3. General Construction Permit: 4. General Linear Utility Permit: and. 4. California Regional Water Quality Control Board, San Diego Region, General De- Watering Permits (Order Numbers 91-10 and 90-31). W. "National Pollution Discharge Elimination System (NPDES) general permit" means a permit issued by the State Water Resources Control Board which establishes a framework for regulating the discharge of storm water runoff for certain broad classes of activities, including, but not limited to: 1. General Construction Permit: 2. General Industrial Activity Permit: and, 3. General Linear Utility Permit. X. "Non-storm water discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. 84 Y._"Occupancy permit" means a permit required or issued pursuant to Chapter 21.60 of this code. Z. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage, medical 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 hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other 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, temperature and other narrative standards of the basin plan. (e) "Project" means on any property subject to this chapter, any new building permit or any redevelopment or remodel permit wherein the building foot-print-is increased by fifty percent or greater over the existing building footprint; (f) "Property subject to this chapter" means any lot or parcel of land in the city. AAJf) "Planned local drainage facility" means any storm drainage facility, flood control facility or water quality enhancement facility identified in the master-drainage master plan including drainage easements, storm drain pipes, inlet structures, outlet structure, sedimentation and depollutant basins, drop structures, rip rap, junction structures, environmental mitigation measures, water quality monitoring and testing equipment and other improvements necessary to convey, contain or enhance the quality of storm water discharge. Bjyk) -"Planned local drainage area" (PLDA) means one of four drainage areas within the city identified within the master drainage master plan. Separate planned local drainage area (PLDA) fees are established for each of the four drainage areas and were calculated to be equal to or less than the cost of the planned local facility drainage improvements within each respective PLDA. (Ord. NS-293 § 2 (part), 1994) CC. "Priority development project" means new development and redevelopment project categories listed in section D.1.d(2) of the Municipal Permit. DP. "Receiving waters" means surface bodies of water which serve as receiving points for discharges from the storm water conveyance system, including Encinas Creek. San Marcos Creek. Batiquitos Lagoon. Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean. EE."Rainy season" means the period of time 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. FF. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan, prepared pursuant to the Municipal Permit, to reduce pollutants and runoff flows from all new development and significant redevelopment projects that fall under priority project categories. When used in the Carlsbad Municipal Code, this refers to the SUSMP prepared by the city of Carlsbad. GG. "Storm water" means surface runoff and drainage associated with storm events and snow melt that flows across a surface to the storm water conveyance 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 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. 85 HH. "Storm water requirements applicability questionnaire" means the questionnaire form, as specified in the SUSMP, filled out and signed by the responsible party submitting an application for a development permit, and used by the city to determine if the development project is required to comply with standard or priority project storm water requirements. II. "Storm water conveyance system" means private and public drainage facilities by which storm water may be conveyed to receiving waters, such as natural drainages, ditches, roads, streets, constructed channels, aqueducts, storm drains, pipes, culverts, street gutters or catch basins. JJ. "Storm water management plan (SWMP)" means a storm water pollution prevention plan prepared in accordance with the SUSMP which describes best management practices to be implemented on a development site during the post construction phase of a project. A storm water management plan also includes recommended maintenance activities and schedules of maintenance for any structural treatment controls included in the plan. A SWMP is sometimes referred to as a post-construction SWPPP. KK."Storm water pollution prevention plan (SWPPP)" means a document which describes the on-site program activities and structural treatment control measures to eliminate or reduce to the maximum extent practicable, pollutant discharges to the storm water conveyance system primarily through the application and use of best management practices. A SWPPP is prepared in accordance with the requirements of a NPDES general permit and/or City Standards. The city utilizes three types of SWPPP documents for storrn water pollution prevention during different phases of land development and land use activities including the following: 1. Storm Water Management Plan (SWMP): 2. Construction SWPPP: and, 3. Business Activity SWPPP. LL. "Structural treatment control BMP" means engineered facilities designed for the treatment of storm water runoff. Structural treatment controls typically use infiltration, filtration, retention/detention, biofilterinq and other techniques to remove pollutants from storm water runoff. 86 EXHIBIT 8 Draft Chapter 15.12 Strikeout Version Chapter 15.12 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 15.12.010 Purpose and intent. 15.12.020 Definitions. 15.12.030 Administration. 15.12.040 Applicability. 15.12.050 Prohibited discharges. 15.12.055 Exemptions from discharge prohibitions. 15.12.060 Discharge in violation of permit. 15.12.070 Illicit connections. 15.12.080 Reduction of pollutants contacting or entering storm water required. 15.12.090 Storm water conveyance system protection. 15.12.095 Structural treatment control BMP maintenance requirement. 15.12.100 Authority to inspect. 15.12.110 Inspection procedures-Additional requirements. 15.12.120 Containment, cleanup, and notification of spills. 15.12.130 Testing, monitoring or mitigation requirements. 15.12.140 Concealment. 15.12.150 Administrative code enforcement powers and procedures. 15.12.160 Administrative notice, hearing, and appeal procedures. 15.12.170 Judicial enforcement. 15.12.180 Violations deemed a public nuisance. 15.12.190 Remedies not exclusive. 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 Ccity 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 to. the maximum extent practicable, including those pollutants taken up by storm water as it flows over urban areas (urban runoff)74e4l:*e maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for receiving waters within the Ccity of Carlsbad. The intent of this chapter is to protect and enhance the water quality of the Ceity of Carlsbad receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and California Regional Water Quality Control Board NPDES Permit No. CAS0108758, Order No. 2001-01 and any amendment, revision or reissuanoe thereofMunicipal Permit. (Ord. NS-624 § 1 2002: Ord. NS-394 § 2 (part), 1997) 87 15.1 2.020 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 (BMP)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to storm water 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. G-: — "Building permit" means a permit issued pursuant to Chapter 18.04. Q-. — "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. "Clean Water Act" means 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. W3. "County health officer" means the health officer of the Ceounty of San Diego Ddepartment of Ppublic Hbealth or designee. &-. — "Development" means: 4-. — The placement or erection of any solid material or structure on land, in water, or under 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; & — The trading, 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 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; 5. A change in the intensity of the use of water, or of access to water. 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). HC. "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 do not enter the storm water conveyance system; 88 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: and...? 9. Documentation of training and records detailing dates, time, subjects covered and, attendance. ID. "Enforcement agency" means the Ceity of Carlsbad or its authorized agents charged with ensuring compliance with this chapter. JE. "Enforcement official" means the city manager of the City of Carlsbad or his or her designee. KF. "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. L. "Illicit connection" means any physical connection (pipe, facility, or other device) to the storm water conveyance system permitted or unpermitted by the city of Carlsbad, which drains illegal discharges either directly or indirectly into a storm water conveyance system. MG. "Illegal discharge" means any 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 California Regional Water Quality Control Boardany NPDES Permit N0r CAS0108758, Order NO: 2001-01 and any amendment, the San Diego Bteasin pPlan and California Oecean Pplan standards. R — "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. O. "National Pollution Discharge Elimination System (NPDES) Permit" means 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. CASO1 08758, Order 2001-01 and any amendment, revision or reissuance to it; 2r. — General Permit for Storm Water Discharges Associated with Industrial Activities (NPDES No. CAS 000001, Order No. 97 03 DWQ); & — NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Permit No. 09-08 DWQ, NPDES General Order No. CAS000002); and 4 — California Regional Water Quality Control Board, San Diego Region, General De- Watering Permits (Order Numbers 01 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" means 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: 2. NPDES General Permit for Storm Water Discharges Associated with Construction Activity (Permit No. 99-08 DWQ, NPDES General Order No. CAS000002). 89 "Parking lot" means 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.). SL "Person" means any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the State of California and the 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, rook, 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 coliforrn, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other 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, temperature and other narrative standards of the basin plan. UJ. "Premises" means any building, lot parcel, real estate, land or portion of land whether improved or unimproved. V-.—"Receiving waters" means surface bodies of water which serve as receiving points for discharges from the storm water conveyance system, including Encinas Creek, Batiquitos Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs, lakes, estuaries, and the Pacific Ocean.K. "Responsible Party" means one or more persons that control, are in possession of or own property that shall be individually or, jointly and severally held responsible for compliance with the provision of this chapter or with any illicit discharge from property controlled, possessed or owned. As defined in this chapter, "property" includes, but is not limited to. real estate, fixtures, facilities or premises of any kind located upon, under or above the real estate. This definition of responsible party does not include the city when an illicit discharge is caused by a person on a public street or on public property. W. "Storm water" means surface runoff and drainage associated with storm events and snow melt that flows across a surface to the storm water conveyance 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 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"4ft this chapter. X.—"Storm water conveyance 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. ¥:—"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 primarily through the application and use of BMPs. 90 —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. Zr.—"System" means "storm water conveyance system," as defined herein. AA. "Wet season" means the period of time between October 1 through April 30. BBL "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 support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. NS-624 § 2, 2002: Ord. NS-468 §§ 1-3,1999; Ord. NS-394 § 2 (part), 1997) 15.12.030 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 Ccitv of Carlsbad, 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 chapter, and may recommend that the council amend such regulations from time to time as conditions require. (Ord. NS-394 § 2 (part), 1997) 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. CAS0108758, Order 2001-01 and any amendment, revision or reissuanoe thereofMunicipal Permit. (Ord. NS-624 § 2, 2002: Ord. NS-394 § 2 (part), 1997) 15.12.050 Prohibited discharges. 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 in Section 15.12.055. , including, but not limited to: A. Sewage: B. Discharges of wash water resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities: C. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, and port-apotty servicing, etc.: D. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning, etc.: E. Discharges of wash water from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial, and residential areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.: F. Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials; G. Discharges of pool or fountain water containing chlorine, biocides. or other chemicals: discharges of pool or fountain filter backwash water: H. Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction- related wastes: and I. Discharges of food-related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.). 91 _(Ord. NS-624 § 4, 2002: Ord. NS-468 §§ 4, 5, 1999; Ord. NS-394 § 2 (part), 1997) 15.12.055 Exemptions from discharge prohibitions. A. The prohibition 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 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 storm water conveyance system or receiving waters and are exempt from the definition of non-storm water discharge when properly managed as required by applicable federal, state and local laws, regulations or codes: 1. Water line flushing; 2. -Landscape 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 permit; 6. Discharges from potable water sources other than water main breaksnot subject to any applicable NPDES permit; 7. Foundation and footing drains; 8. Air conditioning and refrigeration condensation: 9. Natural springs; 10. Water from crawl space pumps; 11. Individual residential car washing; 12. Flows from riparian habitats and wetlands; 13. Dechlorinated swimming pool discharges; 14. Emergency fiFirefighting-; and, 15. Uncontaminated ground water infiltration fas defined at 40 CFR 35.2005(20)1. C. The prohibition of discharges shall not apply to any discharge which the enforcement official, the county health officer, the State or San Diego 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. (Ord. NS-624 § 5, 2002) 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. CAS0108758, Order 2001-01 and any amendment, revision or reissuanoe to ItMunicipal 7Permit 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. (Ord. NS-624 § 6, 2002: Ord. NS-394 § 2 (part), 1997) 15.12.070 Illicit connections. It is prohibited to establish, use, maintain, conceal 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. (Ord. NS-394 § 2 (part), 1997) 92 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 contamination of storm water and the discharge of non-storm water or pollutants to the city's storm water conveyance system, the enforcement official may require the person(s) conducting the following 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 remodeling, repair and maintenance, including, but not limited to: cement mixing, repair or cutting, masonry, plumbing, painting and/or coating; 4. Impervious surface or building washing or cleaning, including pewef-pressure washing or steam cleaning; 5. Storage and disposal of household hazardous waste (e.g. paints, used motor oil. 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: farmlands, fields, nurseries, greenhouses, and/©f botanical gardens. C. Persons conducting an activity or activities that the enforcement official determines may contribute a significant amount of pollutant loadto an illegal discharge to the storm water conveyance system, and/or is-a_tributary to a Clean Water Act Section 303(d) impaired water body, where the site or 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 subsection 15.12.080(6.). D. Business Activity Storm Wwater Pollution Prevention Plan (SWPPP). When the enforcement official determines that a person in the course of conducting a business-related activity causes, has the potential to cause, or contributes to a violation of the water quality standards set forth in the San Diego Bbasin pPlan or California ©Ocean waters pPlan. or conveys pollutants to receiving waters that may cause or contribute to the deterioration of water quality, then the enforcement official may require the person to develop and implement a Business Activity storm water pollution prevention plan (SWPPP} that includes the implementation and use of best management practices, and an employee training program. This section applies, but is not limited to: 1. Persons conducting maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors; 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: plumbing; painting and coating; surface or building washing or cleaning services, including pewef-pressure washing or steam cleaning; botanical or zoological gardens and exhibits; landscaping and lawn and garden services; nurseries and greenhouses; golf courses, parks and other recreational areas/facilities; cemeteries; pool and fountain cleaning; or_port-a-potty servicing; 93 3. Persons owning or operating a parking lot or an impervious surface (including, but not limited to, service station pavements, sidewalks, patios ©f-and_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-mte-enter any storm water conveyance system, gutter, or roadway, but must be disposed of in accordance with regional and local solid waste procedures and regulations. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures surfaces thoroughly as is necessary to prevent the accumulation and discharge of pollutants to the storm water conveyance system to the maximum extent practicable, but not less than once prior to each wetrainy season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to 90-mteenter the gutter .e^-roadway or storm water conveyance system. E. Development, Grading or Construction Activities. Any person engaged in development, grading or construction in the Ceity of Carlsbad shall utilize best management practices to prevent pollutants from entering the storm water conveyance system by complying with City Standards, all applicable local ordinances, including the Grading and Erosion Control Chapter 15.16 of the Carlsbad Municipal Code, the standard specifications for public works construction^ when performing public work, andx applicable required provisions of #*&-a\\ applicable NPDES General Permits for Storm water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (Permit No. 99-08- DWQ, NPDES General Order No. CAS000002), 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 storm water and the discharge of non-storm water or pollutants to the city's storm water conveyance system, the enforcement official may require the person conducting the development, grading or construction activities to prepare and implement a Construction SWPPP pollution prevention planin compliance with City Standards and/or to implement best management practices to the maximum extent practicable. F. No person shall stand or park any vehicle or equipment on any street for the purpose of washing, greasing, repairing, and/or maintaining the vehicle or equipment, except for repairs necessitated by an emergency. G. No person shall stand or park any vehicle or equipment on any public street, if such vehicle or equipment 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 amountdischarge of pollutants to the storm water conveyance system and/or the receiving waters. H. Other activitiesy not covered by sections B, C, D, E and F of this section. In order to reduce the risk of contamination of storm wate^-afld the discharge of non-storm water or,, pollutants to the city's storm water conveyance system, the enforcement official may require the person conducting other aotivitiesany activity 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 known to discharge pollutants to the storm water conveyance system or receiving waters. I. Storm Water Management Plan (SWMP). Any project issued a development permit shall comply with all applicable best management practices and low impact development (LID) requirements of the Municipal Code, Standard Urban Storm Water Mitigation Plan (SUSMP). City Standards and this code including but not limited to the following: 94 1. All development permit applications for priority development projects shall be accompanied by a SWMP prepared pursuant to the SUSMP. No development permit shall be approved or issued unless the following requirements have been met: a. The city engineer has approved the SWMP in accordance with the SUSMP: and, b. The development project complies with all best management practices specified in the approved SWMP. 2. No development permit shall be issued for a priority development project without ensuring that all structural treatment control best management practices, as specified in the approved SWMP. will be maintained in compliance with the requirements of the Municipal Permit. JURMP and SUSMP. To ensure maintenance of the structural treatment control best management practices, the owner of the development site shall enter into a Permanent Storm Water Quality Best Management Practices Maintenance Agreement or provide an alternate maintenance mechanism as approved by the enforcement official. _(Ord. NS-624 § 7, 2002: Ord. NS-394 § 2 (part), 1997) 15.12.090 Storm water conveyance system protection. Every person owning property through which a storm water conveyance system passes, and such person's lessee or tenant, shall keep and maintain that part of the storm water conveyance 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 storm water conveyance system. Every person shall maintain existing privately owned storm water conveyance structures within or adjacent to a storm water conveyance system, so that such structures will-do_not become a hazard to the use, function or physical integrity of the storm water conveyance system. Every person shall not remove healthy banks_of vegetation beyond that actually necessary for such maintenance which shall be accomplished in a manner that minimizes the vulnerability of the storm water conveyance system to erosion; and shall be responsible for maintaining that portion of the storm water conveyance system that is within their property lines in order to protect against erosion and degradation of the storm water conveyance system 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, city and the appropriate state or federal agencies, if applicable: A. Discharge pollutants into or connect any pipe or channel to the storm water conveyance system; B. Modify the natural flow of water in a storm water conveyance system: C. Carry out developments within thirty feet of the center line of any storm water conveyance system or twenty feet of the edge of a storm water conveyance system, whichever is the greater distance, unless such development is approved pursuant to a development permit issued in compliance with Titles 19. 20 and 21 of this code: D. Deposit in, plant in, or remove any material from a storm water conveyance system including its banks except as required for necessary maintenance; E. Construct, alter, enlarge, connect to, change or remove any structure in a storm water conveyance system: or F. Place any loose or unconsolidated material along the side of or within a storm water conveyance 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 storm waters passing through such a storm water conveyance system. 95 G. The above requirements do not supersede any requirements set forth by the California Department of Fish and Game Stream Alteration Permit process. (Ord. NS-624 § 8, 2002: Ord. NS-468 § 6, 1999: Ord. NS-394 § 2 (part), 1997) 15.12.095 Structural treatment control BMP maintenance requirement. A. Every person owning property which includes a structural treatment control best management practice (BMP), installed pursuant to a city approved Storm Water Management Plan, shall: 1. Insure that each and every city approved structural treatment control BMP is operating effectively and has been adequately maintained: and, 2. Provide an annual verification of the effective operation and maintenance of each and every city approved structural treatment control BMP by the party responsible for the maintenance of the structural treatment control BMP. The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. B. The enforcement official shall have the authority to conduct an inspection of any property containing a city approved structural treatment control BMP to enforce the provision of this section in accordance with the inspection provisions specified in section 15.12.100 and 15.12.110 of this chapter. 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 requirements of this chapter are being met. The enforcement official has the authority to inspect all publicly visible and accessible areas during reasonable times without the permission of the property owner or representative, as long as those areas are not specifically designated as no public access areas. If inaccessible or limited access areas are to be inspected. -An-an inspection may be macte-conducted after the designated representativeenforcement official of the city of Carlsbad has presented the proper credentials and the owner, occupant, and or facility operator authorizes entry. If the city of Carlsbad representativeenforcement official 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 Ceity 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-authorized entry to a business or facility, the representative of the city of Carlsbadenforcement official 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 Carlsbadthe enforcement official 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 or her authorized representative, split samples shall be given to the person from whose property the samples were obtained. 96 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 storm water pollution or constitute a violation of this chapter. 5. Review and obtain a copy of the Industrial Activity sStorm wWater ^Pollution ^Prevention pPlan, 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 enforcement official, for a period not to exceed thirty days. 7. Review and obtain copies of all storm water monitoring data compiled by the facility, if such monitoring is required of the facility. (Ord. NS-624 § 9, 2002: Ord. NS-394 § 2 (part), 1997) 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 theAn inspection report shall be provided to the owner and/or occupant or facility operator, or left at the premises if no person is availableafter being signed by a designated representative of the facility. If corrective action is required, then the occupant, facility owner, and/or facility operator shall implement a plan of corrective actions based upon a written plan of oorrectioncorrective action plan.T The corrective action plan shall be submitted to the enforcement agency for review and approval and should7 which states the corrective actions to be taken and the expected dates of completion. Failure to implement a plan of correction corrective action plan 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 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 enforcement official may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit of the -mqwy-investigation or in the recordation of the activities onsite. (Ord. NS-394 § 2 (part), 1997)" 15.12.120 Containment, cleanup, and notification of spills. Any person owning or occupying any premises who has knowledge of any release of significant quantities of materials, pollutants7 or waste which may result in pollutants or non-storm water discharges entering the city'sany storm water conveyance system shall immediately take all 97 reasonable action to contain, minimize, and clean up such release. Such person shall notify the Ceity of Carlsbad of the occurrence and any other appropriate federal, state or county agency of the occurrence as soon as possible, but no later than twenty-four hours from the time of the incident's occurrence. (Ord. NS-624 § 10, 2002: Ord. NS-394 § 2 (part), 1997) 15.12.130 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 storm water pollution or contamination, illegal discharges, prohibited 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 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 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 source or 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 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 parts 1 and 2 of this section B, and a description of the mitigation measures taken to eliminate any potential pollution sources^ 4. All samples must be collected using approved procedures and guidelines as set forth by federal Environmental Protection Agency (EPA) approved protocols: and. 5. The samples must be analyzed by a State of California certified laboratory qualified to undertaken such analyses. 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 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 storm water pollution prevention plan, as required by the enforcement official: or, 3. The enforcement official has documented repeated violations of this chapterby. 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 subsections A, B, and C of this section 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. (Ord. NS-624 §11, 2002: Ord. NS-394 § 2 (part), 1997) 98 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. (Ord. NS-394 § 2 (part), 1997) 15.12.150 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: 1. Comply with the applicable provisions and policies of this chapter; 2. -Comply with a time schedule for compliance: and. 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 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. Stop Work Orders. Whenever any work is being done contrary to the provisions of this chapter, 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 chapter may be grounds for permit or license suspension or revocation, including but not limited to building permits, right-of-way permits, grading permits and conditional use permits. E. Civil Penalties. Any person who violates any of the provisions of this chapter or who , fails to prepare or implement a corrective action plan when requested by the enforcement official. 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 two thousand five hundred dollars for each day such a violation exists. The violator responsible party 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 violator's responsible party's liability. The violator responsible party may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. F. -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 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 99 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. 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 violatorparty. 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. (Ord. NS-624 § 12, 2002: Ord. NS-394 § 2 (part), 1997) 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 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 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 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 corrective action plan should be required, 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. 100 d. -History. e. Violator's conduct after 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 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 one hundred thousand dollars 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 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 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. (Ord. NS-394 §2 (part), 1997) 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 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 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-ef, notice of determination, hearing officer's decision or city council'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 101 unpaid storm drain fees and/or civil penalties provided herein. (Ord. NS-624 § 13, 2002: Ord. NS-394 § 2 (part), 1997) 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 shall be a lien upon and against the property in accordance with the procedures set forth in Section 15.12.150(F). (Ord. NS-624 § 14, 2002: Ord. NS-394 § 2 (part), 1997) 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. (Ord. NS-468 § 7, 1999: Ord. NS-394 §2 (part), 1997) 102 EXHIBIT 9 Draft Chapter 15.16 Strikeout Version Chapter 15.16 GRADING AND EROSION CONTROL 15.16.010 Title. 15.16.020 Purpose. 15.16.030 City engineer authority. 15.16.040 Definitions. 15.16.050 Grading permit required. 15.16.060 Work exempt from grading permit. 15.16.065 Application for a grading plan. 15.16.067 Information on grading plans, specifications and engineering reports 15.16.070 Application for grading permit. 15.16.080 Grading permit Ssubmittal documents. 15.16.085 Construction Storm Water Pollution Prevention Plan (SWPPP) 15.16.090 Information on grading plans, specifications and engineering reports. 15.16.100 Withdrawal of grading permit applications. 15.16.110 Grading permit issuance. 15.16.120 Grading permit limitations, requirements and procedures. 15.16.130 Responsibility of permittee. 15.16.140 Grading and erosion control agreement and securities. 15.16.150 Agreement for uncontrolled stockpile. 15.16.160 Appeals. 15.16.170 Unlawful acts. 15.16.180 Investigation fee. 15.16.190 Enforcement measures-Remedies. 15.16.010 Title. A. This chapter shall be known as the "Grading Ordinance." (Ord. NS-385 § 4 (part), 1996) 15.16.020 Purpose. A. The purpose of this chapter is to establish minimum requirements for grading, including clearing and grubbing of vegetation, to provide for the issuance of ministerial permits and to provide for the enforcement of the requirements. These provisions are supplementary and additional to Title 20, Subdivisions, and Title 21, Zoning, of this code and shall be read and construed as an integral part of these titles and the land development patterns and controls established thereby. It is the intent of the city council to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city. The provisions of this chapter shall be administered to achieve the intent expressed above and, to the maximum extent feasible, the following goals: 1. Facilitate the planning, design and construction of development sites to maximize safety and human enjoyment while protecting, insofar as possible, the surrounding natural environment; 2. Ensure compatibility of graded land development sites with surrounding land forms and land uses; 3. Prevent unnecessary and unauthorized grading, including clearing and grubbing of vegetation, on property within Carlsbad; 4. Preserve natural plant communities and existing mature trees; 103 5. Preserve significant cultural and archaeological sites; 6. Promote the rapid restoration of graded slopes with fire resistant, drought tolerant landscaping that is aesthetically pleasing and which enhances adjacent habitat values; and 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. (Ord. NS-623 § 1, 2002: Ord. NS-385 § 4 (part), 1996) 15.16.030 City engineer authority. A. This chapter shall be administered by the city engineer who shall have the authority and responsibility to: 1. Establish the form and procedures for application for grading permits required pursuant to this chapter including the certification of completed applications, the approval of grading and erosion control plans. Construction SWPPPs. the establishment of files, the processing of secured grading and erosion control agreements and the collection of fees and security deposits; 2. Interpret the provisions of this chapter and advise the public regarding requirements for grading and erosion control plans. Construction SWPPPs. specifications and special provisions; 3. Establish the format and content of grading and erosion control plans. Construction SWPPPs. specifications and special provisions pursuant to the provisions of this chapter; 4. Establish and promulgate city standards to govern grading and erosion oontrolstorm water pollution prevention work in accordance with good engineering practice pursuant to the provisions of this chapter; 5. Issue permits and approve amendments, including extensions, to permits found to conform with this chapter and applicable city standards and the landscape manual; 6. Issue and maintain permanent records of determinations of exemption authorized by Section 15.16.060; 7. Approve grading and erosion control agreements; 8. Accept surety bonds and other forms of security in connection with grading and erosion control agreements; 9. Monitor compliance of all grading work with city codes, city standards and any limitations of the grading permit; 10. Record notices of grading violation and/or take other administrative actions against violators of the provisions of this chapter; and 11. Grant authority to appropriate members of the city engineer's staff to act on behalf of the city engineer with regard to any aspect of the administration of the provisions of this chapter. (Ord. NS-385 § 4 (part), 1996) 15.16.040 Definitions. A;—Whenever the following words, terms or phrases are used in this chapter they shall be construed as defined in the following subsections unless from the context in which the word, term, or phrase is used a different meaning is specifically defined or intended. 4.—"City standards" means the standards used for the design and construction of public and private improvements in Carlsbad, including grading improvements, as contained in the latest edition of the "Standards for Design and Construction of Public and Private Improvements in the City of Carlsbad" as promulgated by the city engineer. 2A. "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California. 104 3B. "Clearing and grubbing of vegetation" means the removal of any and all types of vegetation, roots, stumps or other plant material and the clearing or breaking up of the surface of the land by digging or other means. 4C. "Default" means the condition or situation which results when an applicant fails to perform in compliance with the terms and requirements of the grading and erosion control agreement required pursuant to Section 15.16.140 of this chapter. §D. "Engineer-of-work" means the civil engineer responsible for the preparation of the grading and/or construction plans, for the certification of the completed work and preparation of the record plans. 6E. "Excavation" means the cutting, digging, removal, displacement or any other movement of soil, sand, gravel, rock or other similar material from its natural or preexisting location upon or beneath the surface of the earth by the direct action of humans and/or human invention. 7F. "Fill" means the depositing of soil, sand, gravel, rock, or other similar materials upon or beneath the surface of the earth by the direct action of humans and/or human invention. §G. "Finished grade" means the vertical location of the ground surface upon completion of any excavation or fill. 9H. "Geologist" means a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the state of California under provisions of the Geologist Act of the Business and Professions Code. 40L "Grading" means any excavation, fill, clearing and grubbing of vegetation or any combination thereof. 44J. "Grading permit" means the document issued by the city engineer pursuant to Section 15.16.1 10, after having determined that the application demonstrates compliance with this chapter, city standards, the landscape manual, and all applicable portions of Titles 15. 19. 20 and 21 of this code. 43K. "Landscape manual" means the "landscape manual" adopted by city council resolution which contains the policies and requirements for the design, construction and maintenance of landscape and irrigation systems constructed pursuant to a city development approval. 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 44L. "Site" is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed. 4-§M. "Soils engineer" means a person holding a valid certificate of registration as an engineer in the specialty of soils engineering issued by the state of California under the provisions of the Business and Professions Code. 4£N. "Uncontrolled stockpile" means any fill placed on land for which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted. 17. "Jurisdictional Urban Runoff Mitigation Plan (JURMP)" means a plan, prepared pursuant to Regional Water Quality Control Board NPDES Ordor No. 2001 02, 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. 4§. "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 105 that fall under priority project categories. When used in the Carlsbad Municipal Code, this refers to the SUSMP prepared by the city of Carlsbad In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04. shall apply to this chapter. _(Ord. NS-623 §§ 2, 9, 10, 2002; Ord. NS-385 § 4 (part), 1996) 15.16.050 Grading permit required. A. Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit. (Ord. NS-385 § 4 (part), 1996) 15.16.060 Work exempt from grading permit. A. A grading permit shall not be required for the following: 1. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells or tunnels or utilities. 5. Exploratory excavations under the direction of soil engineers or engineering geologists. 6. Grading on any site or contiguous sites held under one ownership in which the city engineer finds all of the following conditions exist: a. No cut or fill material exceeds three and one half feet in vertical depth at its deepest point measured from the existing ground surface. The city engineer may waive this requirement for grading work which is not intended to support a building structure; b. No fill material is placed on an existing slope steeper than five units horizontal to one vertical; c. The grading work does not adversely affect the existing drainage pattern; d. The toe of any fill slope or top of any cut slope is no closer than one foot to an exterior property line; and e. The amount of soil material moved does not exceed one hundred cubic yards. 7. Grading in an isolated, self-contained area if the city engineer finds that no danger to private or public property can now or hereafter result from grading operations. 8. Grading on a site which has been previously graded to provide a relatively flat pad area, suitable for development, where the city engineer finds all of the following to exist: a. The proposed grading work complies with all of the environmental protection procedures described in Chapter 19.04 of this code; b. The proposed grading will not adversely affect existing drainage patterns or result in a condition which may cause damage to adjacent property; and c. The proposed grading work is performed concurrent with the site preparation work done in connection with a building permit issued pursuant to Chapter 18.04 of this code and does not require a Hillside Development Permit (HDP) or a Coastal Development Permit (CDP). d. Best management practices (BMPs) for erosion control construction activities have been incorporated into the construction documents and site design. 9. Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds. 106 10. Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years. 11. Construction of pavement surfaces less than five thousand square feet on natural or existing grade for the purposes of a private road or commercial, industrial or multi- residential parking lot or travel_way. B. All grading work, including any grading work exempted from the requirement of a grading permit as determined pursuant to subsection a of this section, shall be done in compliance with city standards and Titles 15, 19, 20 and 21 of this code, and within the coastal zone, shall also be consistent with all certified local coastal program provisions. (Ord. NS-623 §§ 3- -6, 2002; Ord. NS-385 § 4 (part), 1996) 15.16.065 Application for Grading Plan. A. A separate application for a grading plan shall be made in advance of submittal for a grading B. Each application for a grading plan review shall include a complete grading plan review application form, grading plans, specifications, engineering calculations, a soils investigation, a geotechnical report and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes, City Standards and the requirements of the Landscape Manual. Each grading plan review application shall be accompanied by a Construction SWPPP prepared in accordance with the requirements of this chapter and City Standards. C. The city engineer may waive submission of a geotechnical report or other reguired documents if the applicant clearly demonstrates that the nature of the grading work applied for is such that reviewing of such report or other documents is not necessary to obtain compliance with this code D. A grading plan review fee shall be charged by the city for the processing of the grading plan review. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of processing the grading plan review. The grading plan review fee is in addition to any other plan review, inspection and permit issuance fees charged for the issuance of a grading permit or processing improvement plans and building plans or the issuance of permits thereto. E. Grading plan applications for which city approval is not granted within one year following the date of application shall be deemed withdrawn. The grading plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the city engineer. The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading plan review application fee. F. The city engineer may authorize refunding of not more than eighty percent of the grading plan review fee paid when an application for a grading plan is withdrawn in accordance with this section. The city engineer shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than sixty days after withdrawal of the grading plan application by the applicant, when withdrawn prior to completion of the grading plan review. G. Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment. 107 15.16.067 Information on grading plans, specifications and engineering reports. A. All grading plans, specifications and engineering reports required for grading permit submittal shall be prepared in accordance with the following requirements: 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 15, 19, 20 and 21 of this code. All grading plans must include provisions for implementation and maintenance of all storm water pollution prevention measures identified in the Construction SWPPP prepared for the project, pursuant to Title 15 and City Standards. 2. Geotechnical investigation report(s) shall be based upon the proposed grading plan. The geotechnical investigation report(s) shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be consistent with the provisions of this chapter and City Standards and shall be incorporated into the grading plans and/or specifications. 3. Preliminary soils investigations and reports shall be based upon the proposed grading plan. Such report shall include data regarding the nature, distribution and strength of existing soil types at the proposed grading site, recommendations for grading procedures and design criteria for corrective measures, if required by the soils engineer. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plans and/or specifications. 15.16.070 Application for grading permit. A. To obtain a grading permit, the applicant shall first file an application therefore in writing on a form furnished by the city engineer for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the grading permit for which the application is made; 2. Describe the land on which the proposed work is to be done by legal description, street address, and/or similar description that will readily identify and definitely locate the proposed grading work; 3. State the quantity of excavation and fill for the proposed grading work including the amount of excavation or fill to be imported to or exported from the grading site; 4. State the name, address, telephone number and state of California certification number of the engineer-of-work, soils engineer and geologist geotechnical engineer who prepared the grading plan, soils report and geotechnical report, respectively, for the proposed grading work; 5. State the name, address, telephone number, state contractors license number and Carlsbad business license number for the contractor who will perform the grading work; 6. State the name, address and telephone number of the property owner upon whose property the work will be done and the applicant requesting the grading permit; 7. Be signed by the applicant and property owner or their authorized agent(s); and 8. Give other such information as may be required by the city engineer. B. Each grading permit application shall be accompanied by: 1. Grading plans, specifications, calculations, reports and other data as required in Section 15.16.080; 2. Proof of all other applicable discretionary approvals, including a site plan approved in accordance with such prior discretionary approvals, if any, pursuant to Title 20 or 21, except where: 108 a. The grading work is necessary to complete a major arterial roadway or other major public facility, will significantly reduce the need to haul fill material over public roads, or is incidental to the grading for another project which has obtained all appropriate development approvals in accordance with Titles 20 and 21 of this code, or b. The grading work is found by the planning director to be reasonably consistent with the future development of the site pursuant to the site's existing general plan land use classification; 3. A completed environmental impact assessment form or submittal of other environmental documentation which demonstrates compliance with the California Environmental Quality Act (CEQA) and Title 19 of this code; 4. All appropriate documentation evidencing the applicant's right to enter upon and grade property not within the ownership of the person signing the grading permit application form; 5. An agreement for uncontrolled stockpile, if required, signed by the property owner with appropriate signature notarization; and 6. A grading permit application fee in an amount as established by the city council by resolution. A separate plan review and/or inspection fee shall apply to retaining wallSj. Construction SWPPP or major drainage structures as provided for elsewhere in this code. There shall be no separate charge for standard terraced drains and similar facilities. If during the grading plan review the grading quantities, upon which the grading plan fee is based, are changed, the applicant shall pay any supplemental fee required or receive a credit against the payment of the grading permit fee. (Ord. NS-385 § 4 (part), 1996) 15.16.080 Grading Permit Submittal documents. A. Each application submittal for a grading permit shall be accompanied by city approved grading plans, specifications, engineering calculations, a soils investigation report, a geoteohnical report city approved Construction SWPPP and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes, ©City sStandards and the requirements of the ILandscape mManual. B. The city engineer may waive submission of a geotechnical report or other required documents if the applicant clearly demonstrates that the nature of the grading work applied for is such that reviewing of such report or other documents is not necessary to obtain compliance with this code. GB. The number of copies and format of the submittal documents required pursuant to this chapter shall be as prescribed by the city engineer. DC. All documents shall, upon submittal to the city engineer, become the property of the city and shall be kept on file with the city engineer. (Ord. NS-385 § 4 (part), 1996) 15.16.085 Construction Storm Water Pollution Prevention Plan (SWPPP). A. Each grading permit issued shall be accompanied by a Construction SWPPP prepared in accordance with City Standards and approved by the city engineer. B. The city engineer may also require preparation of a Construction SWPPP. in accordance with City Standards, for any person conducting development or other construction activity, including grading activities which are exempt from a grading permit, in order to reduce the risk of contamination of storm water and the discharge of non-storm water pollutants to the city's storm water conveyance system. C. Construction activities that have no potential to add pollutants to storm water or non-storm water runoff may be exempt from the preparation of a Construction SWPPP, pursuant to the 109 Construction SWPPP exemption requirements of City Standards and the Municipal Permit. Any construction activity exempted from the preparation of a Construction SWPPP must still comply with the storrn water pollution prevention requirements of city standards at all times during construction. D. Each Construction SWPPP shall be prepared in a form and include the content as specified in City Standards and shall be made to comply with all other applicable NPDES Permit requirements. E. Construction SWPPP review and inspection fees shall be charged by the city for the processing of the plan review and field inspection of the construction work. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of processing the plan review and ensuring compliance with the Construction SWPPP during construction. The Construction SWPPP review and inspection fees are in addition to any other plan review, inspection and permit issuance fees charged for processing grading plans, improvement plans and building plans or the issuance of permits thereto. F. The processing time limits, application withdrawal and refund provisions of section 15.16.082 subsections C through D shall be applicable to the processing of an application for a Construction SWPPP. 15.16.090 Information on grading plans, specifications and engineering reports. A. All grading plans, specifications and engineering reports required for grading permit submittal shall be prepared in accordance with the following requirements: 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). 2-.—Geotechnical investigation reports shall be based upon the proposed grading plan. The geotechnioal investigation report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be consistent with the provisions of this chapter and city standards and shall be incorporated into the grading plans and/or specifications. 3. Preliminary soils investigations and reports shall be based upon the proposed grading plan. Such report shall include data regarding the nature, distribution and strength of existing soil types at the proposed grading site, recommendations for grading procedures and design criteria for corrective measures, if required by the soils engineer. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plans and/or specifications. (Ord. NS-623 § 7, 2002; Ord. NS-385 § 4 (part), 1996) 15.16.100 Withdrawal of grading permit applications. A. Applications for which no grading permit is issued within two hundred forty days following the date of application shall be deemed withdrawn. Plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the city engineer. The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the 110 control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading permit application fee. The city engineer may waive any or all of the grading permit application fee when a resubmitted application is accompanied by a grading plan which has been previously signed and approved by the city engineer. The amount of the waiver shall be determined by the city engineer based upon the estimated amount of work required to complete review of the grading permit. B. The city engineer may authorize refunding of not more than eighty percent of the grading permit application fee paid when an application for a grading permit is withdrawn in accordance with this section. The city engineer shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than sixty days after withdrawal of the grading permit application by the applicant or by action of this section7 when withdrawn prior to completion of the grading plan review. C. Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment. (Ord. NS-385 § 4 (part), 1996) 15.16.110 Grading permit issuance. A. Following submittal of a completed grading permit application and completion of the following requirements, the city engineer shall issue a grading permit: 1. Approval and signature of the grading plans by the city engineer; 2. Payment of the grading permit application fee required pursuant to Section 15.16.070(B)(6); 3. Payment of a grading permit fee in an amount as determined by city council resolution; 34. Submittal of a fully executed grading and erosion control agreement together with the required cash and/or other securities; 4. Approval of a Construction SWPPP prepared in accordance with this chapter and city standards: §. Submittal of proof of valid Coastal Development Permit, Stream Alteration Permit, Army Corps Permit, National Pollutant Discharge Elimination System Permit or other permits, if any, required by other departments or agencies with competent authority; and §. Completion of all environmental documentation in accordance with Chapter 19.04 of this code. B. The issuance or granting of a grading permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other chapter of this code. Permits presuming to give authority to violate or cancel the provisions of this chapter or any other chapter of this code shall not be valid. C. The issuance of a grading permit based on approved grading plans, Construction SWPPP, specifications and other data shall not prevent the city engineer from thereafter requiring correction of errors in said plans, specifications and other data, or from preventing grading operations being carried on thereunder when in violation of this chapter or any other chapter of this code. (Ord. NS-385 § 4 (part), 1996) 15.16.120 Grading permit limitations, requirements and procedures. A. All grading permits shall be subject to the following limitations, requirements and procedures: 1. Scope of Work; Amendments. Issuance of a grading permit shall constitute authorization to do only that work which is described on the application for the permit and detailed on the grading plans and specifications approved by the city engineer in accordance with the provisions of this chapter. No approved grading plans or specifications may be modified 111 without approval by the city engineer of a revised grading plan. Application for the revision of a grading plan shall be submitted to the city engineer on the prescribed form, accompanied by a grading plan revision fee in the amount set forward in the fee schedule approved by city council resolution. Modifications which substantially affect the basic tract design or land use as described on any prior discretionary approvals, issued pursuant to Titles 20 and 21 of this code, must have the approval of the appropriate approving authority. 2. Jurisdictions of Other Agencies. Permits issued under the provisions of this chapter shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of all governing agencies. 3. Time Limits; Extensions. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified therein or, if no time is so specified, within one hundred eighty days after the date of issuance of the permit. The specified time limit may be extended by action of the city engineer upon written request of the permittee, owner or surety showing that good and sufficient cause has prevented the permittee from completing the grading work within the allotted time limit. All such extension requests shall be accompanied by an extension fee in an amount as established by city council resolution. 4. Time of Grading Operations. Grading operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of sunset and seven a.m. Grading operations may be allowed during specific hours after sunset or before seven a.m. if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. The permitted hours of operation may be shortened by the city engineer upon a finding of a previously unforeseen effect upon the health, safety or welfare of the public. 5. Noise Limitations. The noise limitation provisions of Chapter 8.48 of this code shall be observed. 6. Hauling Operations. All hauling operations to or from the grading site shall be conducted in accordance with city code, over the route and in accordance with the procedures prescribed by the city engineer in the grading permit. 7. Storm Damage Precautions. All grading operations shall install protective measures to prevent unnecessary erosion and sedimentation as follows: a. All grading permits issued during the rainy season or within thirty days of the start of the rainy season shall require the installation of erosion and sedimentation control protective measures in advance of the start of the grading work in accordance with city standards; b. All grading permits issued earlier than thirty days prior to the start of the rainy season shall require the installation of all erosion and sedimentation control protective measures within thirty days prior to the start of the rainy season in accordance with city standards; 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 d. All slopes required to be landscaped and irrigated shall be landscaped and irrigated within the time limits as specified in the landscape manual. All other erosion and sedimentation control protective measures shall be installed as quickly as practicable. 8. Inspection and Testing. The applicant shall ensure that the work is inspected and tested as follows: a. Inspection and testing of the grading work by a soils or civil engineer to ensure proper compaction of fill materials, stability of the cut and fill slopes and general compliance 112 of the grading work with the recommendations of the preliminary soils report, city standards, permit conditions and the provisions of this chapter. b. Inspection and survey of the grading work by a civil engineer to ensure that all building pads, street grades and drainage facilities have been constructed in general conformance with the locations and elevations as shown on the approved grading plans. c. Where unusual or hazardous geotechnical conditions exist upon or beneath the grading site, a geologist shall inspect all or any portion of the grading work to assure that all geologic and geotechnical conditions have been adequately addressed and that any recommended corrective measures are incorporated into the work. 9. Partial Releases. The city engineer may authorize the partial release of a portion of the grading work to allow construction of a structure pursuant to a building permit issued in accordance with this code and in accordance with the following requirements: a. Prior to the issuance of such building permit for any given lot or lots, the engineer-of- work, or another civil engineer as may be approved by the city engineer, shall provide the city engineer with a written statement certifying that, in their professional opinion, all grading for the proposed building pad was completed within the tolerances allowed pursuant to city standards and that all embankments, cut slopes and pad elevations are constructed as shown on the approved plans. b. The soils or civil engineer shall provide the city engineer with a written statement certifying that, in their professional opinion, all embankments beneath the proposed building pad site have been constructed in accordance with city standards and the recommendations of the preliminary soils report. c. The city engineer may also require compliance with any other requirement or condition as may be deemed necessary to ensure the health, safety and welfare of the public prior to release of the site for the purpose of issuing a building permit. 10. Final Reports. Upon completion of the grading work the permittee shall ensure that the following reports and documents are submitted to the city engineer: a. A written statement signed by the engineer-of-work, or another civil engineer as may be approved by the city engineer, which shall state that, in their professional opinion, all grading work and drainage facilities have been completed in substantial conformance with the grading permit. The approved grading plan on file with the city shall be amended by the engineer-of-work, or another civil engineer as may be approved by the city engineer, to show the as-built elevations for all pads, streets and drainage facilities together with any other field modifications or changes made to the original approved plans. b. A report by a soils or civil engineer which shall include recommended soil bearing capacities for the project site, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The locations of such tests and the limits of the compacted fill shall be shown on a final plan, prepared by the soils or civil engineer and submitted to the city engineer with the final soils report, which shall also show by plan and cross-section the location of any rock disposal areas, sub-drains and/or buttress fills if such were involved in the grading. The final soils report shall contain a written statement that all soils inspections and tests were made by, or under the supervision of, the soils or civil engineer and that in the professional opinion of the soils or civil engineer, all embankments have been constructed and compacted to city standards and in accordance with the earthwork specification of the preliminary soils report. c. A report and an as-graded geologic map of the site prepared by the geologist which shall include specific approval of the grading as affected by geological factors. Where necessary, such report shall include geologic cross-sections and recommendations 113 regarding the location of buildings, sewage disposal systems or any other special requirements. 11. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the engineer-of-work, soils engineer or geologist finds that the work is not being done in conformance with the grading permit, this chapter or the approved plans and specifications or with accepted engineering practices, they shall immediately notify the permittee and the city engineer, in writing, of the nonconformity and of the recommended corrective measures to be taken. (Ord. NS-623 § 8, 2002; Ord. NS-385 § 4 (part), 1996) 15.16.130 Responsibility of permittee. A. The permittee shall be responsible for the following: 1. Completion of all work in compliance with the approved grading permit, plans and specifications, city standards, the landscape manual and the requirements of this code; 2. Protection of public and/or franchise facilities, utilities or services from damage caused by the grading operation; 3. Protection of adjacent public or private properties from damage caused by the grading operation; 4. Preservation of adjacent and on site environmental resources, which are outside of the scope of work, from the impacts of the grading operation; 5. Installation and maintenance of drainage and erosion control measures to protect downstream properties and habitats from flooding, sedimentation and other adverse impacts caused by the grading operation or the increase in surface water runoff resulting from the grading operation; and 6. Inspection and testing of the grading work to ensure conformance with the plans and specifications, the recommendations of the soils and geotechnical engineers, city standards, the landscape manual and the provisions of this chapter. B. The responsibilities described in this section shall also apply to the permittee's authorized agents, contractors or employees; however, any such application shall not in any way relieve or absolve the permittee from the responsibility to grade or to conduct the grading operation consistent with this section or this chapter. The permittee shall have ultimate responsibility over the actions and conduct of any and all authorized agents, contractors and employees with regard to the performance of the permitted work and compliance with this section. (Ord. NS-385 § 4 (part), 1996) 15.16.140 Grading and erosion control agreement and securities. A. Secured Agreement Required. Prior to issuance of a grading permit, the permittee shall enter into a secured grading and erosion control agreement with the city to guarantee performance of the grading work in compliance with the grading permit. B. Form of Secured Agreement. The grading and erosion control agreement shall be in a form as prescribed by the city attorney which shall include, but not be limited to, the following: 1. Incorporation of the grading permit and the approved plans and specifications, including Construction SWPPP. as part of the agreement; 2. Agreement by the permittee to comply with all the terms and conditions of the grading permit including the grading permit time limits; 3. Agreement by the permittee to comply with all provisions of this chapter and other applicable laws and ordinances; 4. A cost estimate prepared by a civil engineer which provides for the construction of all earthwork, drainage facilities, retaining walls, storm water best management practices erosion control measures including the cost of maintenance during the period of time the permit is active, geotechnical mitigation measures, landscaping, irrigation and any other items needed to complete the grading work; 114 5. Agreement to indemnify and hold the city harmless against any and all claims arising from the performance of the grading work; and 6. Agreement by the permittee to maintain all safety and erosion control measuresstorrn water best management practices until the grading work is complete and stabilized against erosion in accordance with Ceity Sstandards. C. Security Types. The grading and erosion control agreement shall be secured using one or more of the security types listed in Section 20.16.070. D. Security Requirements. Security offered to guarantee performance in connection with the grading and erosion control agreement shall meet the following requirements: 1. The amount of the security shall be sufficient to guarantee performance of all grading work described on the approved grading plans, Construction SWPPP and specifications as estimated in Section 15.16.140(B)(4); 2. Surety bonds shall be valid upon the date of filing with the city and shall remain valid until the work has been completed to the satisfaction of the city engineer. Any extension of the time specified in the permit shall not be cause for release of a surety bond; 3. The surety company which issues a surety bond shall meet or exceed the minimum qualifications established by the city council by resolution; 4. The city engineer may require that up to ten percent of the engineer's estimated cost for the grading work be submitted in the form of a cash deposit, provided however, that no such cash deposit shall be less than five hundred dollars. The cash deposit may be utilized by the city to cure any default in regard to the performance of work covered by the grading and erosion control agreement including but not limited to cleaning, repair and rehabilitation of public or private facilities that are damaged by sedimentation, erosion or construction activities and to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed; 5. The city engineer may allow a single security to cover work under multiple grading permits when the work covered is either part of a progressive construction of a single project or when several concurrent projects are being constructed by one permittee. In such cases, the grading and erosion control agreement shall include reference to the multiple permit requirements or a grading and erosion control agreement shall be submitted for each separate permit; and 6. The city engineer may permit substitution of the required security either in kind or of any other type allowed for in Section 20.16.070; provided, however, that the substitute security is adequate to insure completion of the remaining work to be performed and the security is found to be of proper form and substance. The original security may be released upon acceptance of the new security and upon determination that all conditions of the permit are being complied with and there is no default as to the performance of the work up to the date of acceptance of the new security. E. Secured Agreement Waivers. The city engineer may waive the requirement for a secured agreement or may waive all or any portion of the security amount if the applicant clearly demonstrates to the city engineer that the proposed grading work will not adversely affect or will have minimal impact upon public or private property and upon the health, safety and welfare of the public. In no such casex shall the city engineer reduce the security amount below the amount needed to ensure public safety and to secure the site against erosionwith effective storm water best management practices. F. Reduction of Security. The city engineer may reduce the amount of the security commensurate with the value of the grading work which has been completed. In no case shall the security be reduced below the amount necessary to ensure public health, safety and welfare. 115 G. Release of Security. The city engineer shall release the security held by the city to secure the grading work upon completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of this chapter. H. Default Procedures. Whenever the permittee fails to perform in compliance with the terms and requirements of the grading and erosion control agreement, the city engineer may, in addition to any other administrative and judicial remedies allowed pursuant to this chapter, make a demand upon the cash, letter of credit, surety bond or other collateral held as security for the grading and erosion control agreement in accordance with the following procedures: 1. Notice of Default. The city engineer shall send a written notice of default by certified mail to the permittee which specifies the permit number and identifies the location, nature and extent of the activity or condition which contributed to the default. The notice of default shall specify the work to be done to cure the default, the estimated cost of such work and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work. A copy of the notice of default shall be mailed to the owner of the grading site and to the surety company, bank or institution which provided the security for the grading and erosion control agreement. 2. Emergency Corrective Actions. In the event the work needed to cure the default is not completed by the permittee, surety company or financial institution within the period of time specified on the notice of default, the city engineer may thereupon enter the property for the purpose of performing, by city forces or by other means, the necessary corrective or curative work. The cost for such corrective work shall be paid for by the permittee, surety company or financial institution as provided for in this section. 3. Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the notice of default, the surety company or financial institution shall, within the time specified, cause or require the work needed to cure the default to be performed, or failing therein, shall pay over to the city the estimated cost of doing the work as set forth in the notice of default. 4. Cash Deposit. Upon expiration of the time period specified in the notice of default, the city engineer may withdraw all or any portion of the cash deposit to reimburse the city for completing or having a third party complete the work needed to cure the default as specified in the notice of default. Upon utilizing the cash deposit, the city engineer shall notify the applicant in writing of the amount utilized and the purpose for which the deposit was used. (Ord. NS-385 § 4 (part), 1996) 15.16.150 Agreement for uncontrolled stockpile. A. Applications for grading permits involving uncontrolled stockpiles shall be accompanied by an agreement signed by the property owner. B. The agreement shall be in a form as prescribed by the city attorney which shall include, but not be limited to, the following: 1. Owner acknowledgment that the grading or fill material is designated as an uncontrolled stockpile; 2. Owner acknowledgment that the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved by the city engineer or, the site is subsequently graded pursuant to a valid grading permit issued in accordance with the provisions of this chapter; 3. Agreement by the owner that the grading or stockpile work will be done in accordance with grading plans and specifications as approved by the city engineer; 4. Agreement by the owner that the stockpile will be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner; 5. Agreement by the owner indemnifying and holding the city harmless against any and all claims arising from the grading or maintenance of the stockpile; and 116 6. Agreement by the owner that the agreement for uncontrolled stockpile will inure and be binding upon any and all successors in interest to the property. C. The agreement for uncontrolled stockpile shall be approved by the city engineer and recorded by the city clerk in the office of the county recorder as constructive notice upon the land involved. The notice shall remain in effect until release of the agreement is filed by the city engineer. (Ord. NS-385 § 4 (part), 1996) 15.16.160 Appeals. A. An individual may appeal the decision of the city engineer made in regard to administration of this chapter to the city council within ten calendar days following the decision. Appeals shall be in writing, filed with the city clerk and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the city council. The decision of the city council shall be final. B. The city clerk shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address. (Ord. NS-385 § 4 (part), 1996) 15.16.170 Unlawful acts. A. It is unlawful to: 1. Perform grading work without a grading permit when such permit is required pursuant to this chapter; 2. Perform any grading work which is not in conformance with an approved grading permit; 3. Make a false statement or furnish false data on any application, grading plan, engineering report or other document required pursuant to the provisions of this chapter; or, 4. Delay, frustrate or otherwise hinder the efforts of the city engineer or his/her designee from carrying out the duties required pursuant to the provisions of this chapter. B. Regardless of whether or not a grading permit has been issued or is required to be issued, it is unlawful for any person to commit or cause to be committed the following acts or, to maintain or cause to be maintained a property in such a manner as to result in the commission of the following acts: 1. Grading in such a manner as to become a hazard to life and limb or to endanger property or to adversely affect the safe use or stability of a public property, place or way; 2. Grading without application of appropriate storm water best management practices (BMPs) in accordance the provisions of Title 15, City Standards and Municipal Permit: 23. Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any bank, slope or other earthen surface unprotected so as to cause any such earthen material to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or, upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the city engineer; or 34. Transport, haul or otherwise move any soil, sand, gravel, rock or other earthen material over any public or private street, place or way in such a manner as to allow such materials to blow or spill over and upon such public or private street, place or way. (Ord. NS-385 §4 (part), 1996) 117 15.16.180 Investigation fee. A. Whenever any work for which a permit is required by this code has been commenced without first obtaining a grading permit or an unlawful act, as defined in Section 15.16.170, has been committed, the city engineer shall conduct a special investigation into the cause, extent and potential remedial actions that must be undertaken before a new permit may be issued, the stop work notice is removed or the notice of grading violation is released. The city engineer shall collect an investigation fee from the offender whether or not a permit is then or subsequently issued. The investigation fee shall be established by resolution of the city council and shall be in addition to any required permit fee. The investigation fee may be reduced or waived if the city engineer finds that: 1. The amount of the investigation fee is significantly out of proportion to the cost of the administrative work necessary to investigate the violation or unlawful act; 2. The violation or unlawful act was not in the control of the property owner and the property owner took immediate action to correct the violation upon notification by the city engineer; or 3. The violation or unlawful act was caused by or resulted from an unintentional action or misunderstanding of city codes or a directive issued by the city engineer or the city engineer's authorized representative. B. The payment of an investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. NS-385 § 4 (part), 1996) 15.16.190 Enforcement measures-Remedies. A. Whenever the city engineer determines that an unlawful act, as defined in Section 15.16.170, has been committed by an individual operating with or without benefit of a grading permit, the following enforcement measures and remedies may be undertaken by the city engineer, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140: 1. Stop Work Notice. The city engineer may issue a stop work notice demanding that all unlawful activities, as defined in this chapter, be stopped until a valid grading permit is obtained or corrective action is authorized by the city engineer. The city engineer may allow continuance of the work to the extent necessary to install protective measures to safeguard the public or to secure the site against erosion^-and sedimentation and the discharge of non-storrn water pollutants. Prior to resumption of any work, other than as may be permitted by the city engineer pursuant to this subsection, on a permitted grading operation, the permittee shall restore all cash deposits and/or other securities consumed by the city to the amount specified in the approved grading and erosion control agreement. 2. Owner Notification. The owner of the property shall be notified in writing that a violation has occurred. The notification shall specify the location, nature and extent of the activity or condition which contributed to the violation, the corrective action needed to cure the violation and the period of time deemed necessary by the city engineer to correct the violation. 3. Record Notice of Grading Violation. In the event that the owner does not correct the violation in the manner or within the time period requested by the city engineer, the city engineer shall record a notice of grading violation against the property with the county recorder. Upon completion of any corrective action and/or issuance of a valid grading permit and upon payment of the investigation fee required pursuant to this section, the city engineer shall file a notice of release of grading violation with the county recorder releasing the property from the notice of grading violation. 118 4. Prohibition of Development Permits. Any property which has a notice of grading violation recorded against it shall be prohibited from obtaining or using any development permit pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in accordance with the requirements of the city engineer and, a notice of release of grading violation has been recorded with the county recorder. 5. Investigation Fee. An investigation fee shall be paid by the person responsible for the violation in accordance with the provisions of this chapter. The payment of such investigation fee shall not relieve any person from the performance of the corrective work or otherwise complying with the requirements of this chapter. 6. Criminal Penalties. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(b) of this code. 7. Abatement of Public Nuisance. Any grading commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the city council, the city attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading commenced or done contrary to the provisions of this chapter. 8. Civil Action. The city attorney may, at the request of the city engineer, initiate any appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, and/or the grading and erosion control agreement, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 and any additional civil penalties provided for by law. (Ord. NS-385 § 4 (part), 1996) 119