sr-060810-7cCity Council Meeting: June 8, 2010
Agenda Item: ~' `°C-'
To: Mayor and City Council
From: Dean Kubani, Director of the Office of Sustainability and the Environment
Subject: Introduction and First Reading of an Ordinance to update and modify
Chapter 7.10, Urban Runoff Pollution Control.
Recommended Action
Staff recommends that City Council introduce for first reading an amended Urban
Runoff Pollution Control Ordinance that will apply to new development, construction
sites and existing parcels in the City. ,
Executive Summary
The attached modified Urban Runoff Pollution Control Ordinance (Ordinance) updates
the existing ordinance. New water quality regulations from the Los Angeles Regional
Water Quality Control Board (Board) require modifications to the Ordinance to maintain
compliance with the Clean Water Act through the National Pollutant Discharge
Elimination System (NPDES) permit.
The timely implementation of the modified Ordinance will ensure that Santa Monica
remains on the leading edge of environmental protection measures and that the urban
runoff environmental impacts of upcoming and future city-wide building and
infrastructure improvement projects are significantly reduced. The modified Ordinance
updates the requirements and exemptions for new and re-development projects to
install post-construction structural devices to collect storm water for treatment, keeping
this potential water pollution source out of the Santa Monica Bay (Bay). The modified
Ordinance also requires construction sites to take similar measures, and requires that
existing properties implement good housekeeping practices to protect the Bay. The
objective of the Ordinance is to significantly reduce environmental impacts related to
urban runoff and to promote a major shift towards sustainability in land use design and
local water resource management. No financial impact results from this action.
1
Background
In August 1992, the City Council adopted the Santa Monica Urban Runoff Pollution
Control Ordinance to reduce detrimental water quality impacts from urban runoff on the
Bay. Urban runoff is the single largest source of water pollution in U.S. waters, and
epidemiological studies have demonstrated higher risks of illness when recreating near
a flowing storm drain at beaches. The 1992 Ordinance required a runoff reduction of
20% for all new development, implemented pollution control standards for construction
sites, and set forth various good housekeeping requirements for existing parcels. Since
the mid-1990s, implementation of this Ordinance has led to reductions in the amount of
runoff and contamination entering the storm drain system and flowing into the Bay.
In January 2000, the Board adopted a numerical urban runoff retention standard for
several categories of new development. This standard mandates retention or treatment
of the volume of runoff produced from a 0.75 inch storm event and was more stringent
than the City's existing requirement at that time, e.g. a 20 percent overall reduction in
runoff. The Board also adopted limits to runoff pollution from loading docks, material
storage areas, refuse enclosures, vehicle/equipment wash areas and fueling areas. The
City, along with all other jurisdictions in the region, was required to have an enabling
ordinance incorporating the new Board standards in effect before February, 2001. The
City Council approved a revised ordinance on November 14. 2000, which included the
new runoff pollution mitigation standards.
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Discussion
Urban Runoff Pollution Ordinance
The proposed revisions to the City's Ordinance incorporate necessary changes based
upon nine years of City experience and lessons learned in implementing the Ordinance,
and upon pending Board requirements of the new NPDES permit for Los Angeles
County. The proposed changes to the Ordinance will bring the City into compliance
with the pending Los Angeles County permit. Moreover, the changes fall within the
objectives of the City's Watershed Management Plan. The changes will strengthen the
Ordinance to further reduce the volume and toxicity of urban runoff entering the Bay
from Santa Monica, as well as promote onsite runoff retention and use for non-potable
purposes. The proposed Ordinance achieves these objectives through the
implementation of requirements in three principal areas:
1. Good Housekeeping Requirements: Expansion and strengthening of
pollution control measures that apply to all existing property owners and cover
activities such as the storage of hazardous materials and sweeping of surface
parking lots;
2. Construction Site Requirements: Expansion and strengthening of pollution
control and pollution prevention measures that apply to all construction sites
and cover activities such as storage of excavated soil and construction
materials, and washing of construction vehicles and equipment; and
3. Post-Construction Best Management Practices (BMPsI Requirements: This
section of the Ordinance includes the most significant changes in five major
areas as described below.
A. The definitions section has been modified to reflect changes in water
quality standards that are regulated by the Board. New terms were added
and existing ones removed or updated to be consistent with the
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anticipated new NPDES permit. New terms were added to clarify the
types of projects that fall within the thresholds to undertake post-
construction BMPs, such as Accessory Building and Substantial Remodel.
New terms were also added to clarify-the in lieu fee, explained below in
sub-section C, and to more clearly identify the project mitigation volume.
B. The thresholds that trigger the installation of post-construction BMPs for
New Development and Re-development to mitigation runoff were clarified
and updated in a number of areas. Thresholds that were subjective and
led to inconsistencies in application, such as the value of a project, were
removed; thresholds based on project square footage were better defined;
and new thresholds that are easier to apply, and are more consistent,
precise and objective were included.
C. The third area of major change modifies the in lieu fee. In the current
Ordinance, this fee is only available when site-specific physical restrictions
prevent inclusion of a BMP and the Ordinance does not establish a clear
basis for establishing the fee amount. The modified version makes the
one-time fee an equal option to apost-construction BMP, and the rate is
comparable to construction costs of the BMPs. The rate is based upon
the actual construction costs for City projects, which are stored in the
City's electronic runoff database. The calculation involves dividing the
actual cost to install a BMP by the amount of required runoff mitigation
volume (cubic feet converted to gallons). In lieu fees are deposited in the
City's Stormwater Fund and fund installation of post-construction BMPs as
per the City's Watershed Management Plan and the Five-Year Low Impact
Development Plan. Making the in lieu fee an equal option to a post-
construction BMP will allow the City to fund construction of centralized
BMPs in the area where the fees originated to treat a variety of pollutants
from private properties and the public transportation infrastructure. City
staff believes that this strategy will be effective and comprehensive in
reaching water quality standards.
D. The enforcement section of the Ordinance was updated to reflect recent
changes in and to be consistent with the City's enforcement guidelines. It
has also been modified to enable the City to bring existing incompliant
properties into compliance.
E. The modified Ordinance requires that City street resurfacing projects and
new CIP transportation grid projects incorporate post-construction BMPs
when the location, cost-benefit, and timing make budgetary sense. This
strategy is included in the 5-Year Low Impact Development Plan adopted
by Council on January 26, 2010, as a way to address runoff from streets,
alleys and public right-of-ways.
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The runoff reduction requirement for new development in the proposed Ordinance is
stated in terms of a numerical performance measure, either volumetric or flow-based to
provide designers/developers considerable latitude in regard to which BMPs or
treatment controls they install to achieve compliance. Each development site has
different physical features and a different set of runoff mitigation design opportunities.
Because of these site specific features, the revised Ordinance identifies the use of Low
Impact Development (LID) design as the priority strategy for compliance. LID is a
comprehensive stormwater management, land planning and engineering design
approach with a goal of conservation and the use of onsite natural features, and of
maintaining and enhancing the pre-development hydrologic regime of urban and
developing watersheds, including individual parcels, through the use of BMPs. LID'
offers an assortment of low-cost, sustainable opportunities to reduce runoff pollution but
also harvest rain water for non-potable uses in place of limited. potable water resources.
Commission Action
The Task Force on the Environment met on May 17 to consider the Urban Runoff
ordinance. A verbal presentation was given by staff, but a written copy of the final
ordinance was not provided to the Task Force based on the recommendation of the City
Attorney's Office. After its discussion, the Task Force made the following two motions:
Motion 1:
The Santa Monica Task Force on the Environment strongly disagrees with the
recommendation by the Santa Monica City Attorney's Office to avoid bringing the final
version of the Urban Runoff Ordinance to the Task Force for review and comment. The
Task force has been reviewing and commenting on previous drafts of this ordinance
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and cannot advise Council on the final content without seeing the final version of the
ordinance proposed to Council.
Motion 2:
The Santa Monica Task Force on the Environment strongly recommends Council delay
voting on the revisions to the Urban Runoff Ordinance until such time as the Task Force
has had a chance to review and comment on the document. If the item must be heard
at the June 8th Council meeting, the Task Force hereby creates a subcommittee to
review and comment on the ordinance as it becomes available.
Financial Impacts & Budget Actions
No financial impact results from this action.
Prepared by: Neal Shapiro, Watershed Management Program Coordinator
Approved:
7
Dean Kubani
Director, Office of Sustainability and the
Environment
Forwarded to Council:
..
Rod Gould
City Manager
Attachment: Urban Runoff Pollution Mitigation Ordinance
6
f:\atty\muni\laws\barry\Urban Runoff Ordinance Revision (II) June 8, 2010 Council
Meeting
City Council Meeting June 8, 2010 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 7.10 TO UPDATE AND
CLARIFY THE URBAN RUNOFF POLLUTION ORDINANCE
WHEREAS, the City has a long and abiding commitment to the protection of our
beaches and ocean resources and to the protection of the health and safety of the
millions of residents and visitors who enjoy the Santa Monica. beaches and ocean front
each year; and
WHEREAS, the City is authorized pursuant to Article XI, §5 and §7 of the State
Constitution to exercise the police power of the State by adopting .regulations to
promote health, safety, and general welfare; and
WHEREAS, the City is authorized under the California Water Code to adopt and
enforce regulations imposing. conditions, restrictions, and limitations with respect to any
activity which might degrade the quality of waters of the State; and
WHEREAS, the City's watershed management program consists of .operation
and maintenance of the City-owned stormwater system; compliance with Federal, State,
and local regulations including inspections, monitoring, and enforcement;
1
implementation of the Santa Monica Bay Restoration Plan and the Watershed
Management Plan; and capital improvement projects to reduce and treat polluted runoff;
and
WHEREAS, the City operates and maintains 20 miles of storm drains, 824 catch
basin and other major infrastructure; and
WHEREAS, -the City is responsible for the quality of the runoff and for all water
quality permitting and compliance related to stormdrain discharges into the ocean or
other water channels such as Ballona Creek; and
WHEREAS, .urbanization has led to increased impervious surface areas that
results in increased runoff and the transport of pollutants to downstream receiving
waters and less percolation to groundwater aquifers; and
WHEREAS, State and Federal agencies have implemented stringent regulatory
standards for broad categories of water pollutants and continue to enhance these
requirements; and
WHEREAS, these regulatory standards include mandatory City compliance with
Total Maximum Daily Load (TMDLs); and
WHEREAS, the TMDL standards for which the City is responsible are those
related to Santa Monica Bay and Ballona Creek; and
WHEREAS, the TMDL standards apply to both dry weather and wet weather
periods .and cover a number of contaminants including bacteria, trash, toxics, metals,
pesticides and herbicides, and oil and grease; and
2
WHEREAS, these standards are in addition to the National Pollution Discharge
Elimination System (NPDES) permit requirements for all municipalities with Los Angeles
County which have been in place since 1995; and
WHEREAS, in a dynamic regulatory environment that continues to be developed
by the Regional Board, established TMDLs are continuously revisited and updated, new
TMDLs continue to be established, and the City's compliance responsibilities continue
to change over time; and
WHEREAS, the City has established amulti-faceted approach to stormwater and
runoff treatment and management; and
WHEREAS, in August 1992, the City adopted the Santa Monica Urban Runoff
Pollution Control Ordinance to reduce detrimental water quality impacts from urban
runoff on the Bay by requiring a runoff reduction of 20 percent for all new development,
implementing pollution control standards for construction sites, and setting good
housekeeping requirements for existing parcels; and
WHEREAS, in July 1995, the City created a Stormwater Enterprise Fund and
adopted a stormwater parcel fee to cover capital and operational costs associated with
the storm drainage system and the management and administration thereof; and
WHEREAS, in November 2000,. in response to new Regional Board
requirements, the City revised the Urban Runoff Ordinance to establish an urban runoff
retention or treatment standard of the volume of runoff produced from a 0.75 inch storm
event; and
WHEREAS, in July 2006, the City approved a Santa Monica Watershed
Management Plan which is designed to reduce urban runoff pollution, reduce urban
3
flooding, increase water reuse and conservation, increase recreational opportunities
and open space and increase wildlife and marine habitat; and
WHEREAS, the urban runoff management and pollution prevention activities of
the Plan will assist the City in complying with NPDES permit requirements and meeting
the goals of the Clean Water Act and new requirements promulgated by the Regional
Board relating to TMDLs.
WHEREAS, in November 2006, the Santa Monica voters approved the Clean
Beaches and Ocean Parcel Tax (Measure V) to raise revenues to implement the City's
Watershed Management Plan; and
WHEREAS, on January 26, 2010, the City Council adopted the Measure V FY
2010-11 through FY 2014-15 Five Year Plan which includes green streets, park retrofits
where storm water is harvested and used for irrigation purposes,. parkway/sidewalk
biofilters, catch basin inserts, curb extensions, rebate programs for the installation of
rain barrels, cisterns, and for downspout redirection, regional project contributions, and
the use of permeable surface construction in the public right of way; and
WHEREAS, the City can mitigate the. negative impacts of development and
urbanization by implementing new development/re-development performance criteria,
known as Low Impact Development which is widely recognized as an appropriate
approach to watershed management; and
WHEREAS, the Measure V funds are not sufficient to meet all the water quality
standards that the City is required to comply with, but are used to address urban runoff
pollution generated from public and private lands, in conjunction with all funds
generated by the City's StormwaterEriterprise Fund; and.
4
WHEREAS, the proposed revisions to the City's Urban Runoff Ordinance
incorporate necessary changes based on the City's extensive experience in
implementing the Ordinance, the objectives of the City's Watershed Management Plan,
and on Regional Board requirements that are expected to become part of the new
NPDES permit,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.10 of the Santa Monica Municipal Code is hereby
amended as follows:
CHAPTER 7.10 URBAN RUNOFF POLLUTION
7.10.010~~~-19-Findings .
The City Council finds and declares:
~.,~ Tti r'+, ~ + .,,,,r ~ ~Pr.,,.o ,.,.,+n~ ,a~~~„~.,o ~„~+o,,, '~ nlnnnc~rJ
., ., r~. r.~o
' + .+' f A to f nn4'n ~ff.~n+',~o lar +V,ic c,ic4o.v, _.. ,' nll
(a~) Urban runoff flows from individual properties onto thhe-streets
and alleys, then through storm drains to the beaches. It is therefore in the
public interest to ensure that both public and private drainage systems are
properly maintained; in order to facilitate the proper functioning of the
5
City's storm and surface water drainage system, and to prevent pollutants
from entering the Santa Monica Bay.
(be) The number of beach closures and postings in the state due
to ocean pollution 1-cave-continued to ~;,sreaseat unacceptable levels,
especially in Southern California,
~4hor .,.,~+~ „f +ho .,~+',,., Urban runoff is the single largest source of this
ocean pollution, and consequently, is it-o,=tia substantial threat
in the State to public health and water quality.
(c~) The City is a co-permittee under the Los Angeles County
National Pollutant Discharge Elimination System (NPDES) Municipal
Permit and as such is obligated to implement a Standard Urban Storm
Water Mitigation Plan ("SUSMP") or-aiad-eguivaleht, post-construction
Best Management Practices ("BMPs") p;oseaar~-and Total Maximum
Daily Loads.(TMDLs) to prevent--and-centrelreduce the entry of pollutants
into the City storm drain system and to reduce the overall amount of urban
runoff entering Santa Monica Bay and Ballona Creek.
(d#) Itn order to reduce runoff eeaEa+~inatien-pollution and rune#
volume from private and publicly_ owned properties }R ate;;,' z°~-reply
6
lap nned
for development, a program is required to ensureeastefifl~ that new
developments/re-developments or construction projects incorporate
design elements such as post-construction BMPs, construction BMPs,
and Low Impact Development strategies,
fequired and that existing properties adopt good housekeeping practices.
(e) Southern California experiences cycles of drought which
can lead to dramatic water shortages. The current. state-wide declaration
of drought is a signal to local governments to promote sustainable uses of
non-traditional non-potable local water supplies such as rain water and
storm water, in place of more valuable potable water, which is often
imported from distant watersheds at great environmental costs.
(f) To promote sustainable solutions for urban runoff pollution
and the use of local non-potable water supplies, the City strongly
encourages the use of dry weather runoff, rain water and storm water
harvested by post-construction BMPs which collect and store runoff for
non-potable. onsite uses.
(g) I# is in the best interest of the City to establish guidelines
^^eTfor control of the quality and quantity of urban runoff frere
^^„~*~ ,^+'^^ ~:+°~ within the City.
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7.10.020 Purpose.
The purpose of this Chapter is to permanently modify the behavioral
and structural causes of urban runoff pollution. T"° ^" °^+'„°~ ^f +"
by reducingef bet# runoff volume and r-uneff
seatarz~iflatien-pollution from existing residential and non-residential
properties and from future ap reel developments. The+s goal is to Chapter
"^~ ~~~^ ^, ^^~~ ~~~°+,ra:;,~aensure that project site ap reels
maximize on-site storage and use or percolation of runoff through a
hierarchy of post-construction BMP strategies, called Law Impact
Development. ,
7.10.030 Definitions.
The following words and phrases shall have the following meanings
when used in this Chapter:
{a} accessory ~uilding_. A detached building on the same
parcel as the principal building, regardless of its distance from the
principal building which is incidental and subordinate to the principal
building in terms of size and use.
8
(ba) Area Susceptible to Runoff. Any non-permeable surface
directly exposed to precipitation or in the path of runoff which leads
directly to neighboring properties or to the public right-of-way.
(cb) -Best Management Practices ("BMP~"). Non-structural
strategies and structural devices whether temporary and permanent,
Rpractices
~'^~,+o„Q~rner=~ that reduce the tsxisity-pollution contained in, and the
volume of, water which runs into storm drains, treatment facilities and the
Santa Monica Bay. These BMPs include but are not limited to good
housekeeping requirements (GFiR) post-construction BMPs, full
capture trash BMPs, source control BMPs, structural BMPs, and
-rl,^ I n nn,. '^~ o^^ I ~nt~+o n Int.,
treatment contro{ BMPs. ,T,~~s-,,,,~G1G,TT\T.gl01;a1 V 9GfGl Pall .S~
,. ,r f ..,.,+^r .+In nn , Rnn~ n^+ o.,.,n f~n.~II., ., ,^,+ s,,,
nnrn.
rc.,..... ~--~ ... .... ... ....,,. ~..~-~ .......~......_.. ...~ _.... .._. _~__..._~..J ~~~. _.__ _~
f+hn lio+r~.-0+^nhn'n^I r~ca.$_a,~id.r^f^r^nn^ m~+4.~ri.+fo =F~}Ei_E~
~~
jd) Environmentally Sensitive Area (ESA). Area designated
the Regional Board requiring special protection because of its
landscape wildlife or historical value.
{e) Full Capture Trash BIVIP. A structural device or series of
devices installed to remove all particles larger than 5 mm and having a
design treatment capacity of not less than the peak flow rate resulting from
a one-year one-hour storm. Such a system is considered a post-
construction BMP and treatment control BMP.
(fe) Good Housekeeping Requirements ("GHR"). Urban
runoff pollution control practices applicable to ex+sting all properties,
which have been demonstrated to significantly reduce and control urban
runoff-f~~a~ruw~-it~te-storm-~ ~ c-ri;t~-a„d-fhe
~,,,+.. nn, Roy such as source and treatment control BMPs-
(a) Green Transportation Infrastructure. Streets, roads and
allevs that have post-construction BMPs to harvest runoff for storage
and onsite use, including green streets and green allevs.
(h) Hardscape. Any impermeable surface exposed to
precipitation or runoff.
(i) Hierarchy of BlVIPs. A list of acceptable post-construction
BMP categories that identifies and ranks the most sustainable to least
sustainable strategies to reduce urban runoff pollution in compliance
with this ordinance.
(j) Low Impact Development (LID). LID is a comprehensive
stormwater management land planning and engineering design approach
10
which utilizes BMPs with a goal of conservation and the use of onsite
natural features to maintain and enhance the pre-development hydrologic
regime of urban and developing watersheds including individual parcels.
{k} Municipal Separate Storm Sewer System dMS4) An iVISa
is a municipal piping system that conveys dry weather runoff or storm
water from individua! parcels and public right-of-ways to storm drains,
treatment facilities and the Santa Monica Bay.
(I) National Pollutant Discharge Elimination System
(NPDES) A system implemented and enforced by a permit issued by the
U.S. Environmental Protection Agency. State Water Resources Control
Board or the California Regional Water Quality Control Board pursuant to
the Clean WaterAct that authorizes discharges to waters of the United
States and requires the reduction of pollutants in the discharge.
(m~) New Development/Re-development. For purposes of this
Chapter, rrNew ~Development/Re-development shall constitute any of the
following if the construction project(s) is proposed at any time over a
single 36-month period:
(1) Any construction project on a vacant site- a~ reeler--efl a-s+te
11
+ i h h rl ri rl f r +h.~ r rlpc'rpc
+ f +h In + nnc+ of +h° h 'IrJ'nn nr c+r ,n+ rp Fnr_r
r
n
f +h' h +' +M ("+ ' R~ 'Irl'nn (lff' r
r
npr chnll rin+nrm'nn +hp
I-~ + 4 f+h h ~'Ir7'n ctn rn#
n nr rn nr7 m cn 4hn mnc4 n rranf
n„ ..
r.,,,,,,,.... .... ....... ... .. .... .......~. .~ _.. __. ...
_.__.._ ~ ___.._...-----~---
h.+ rJ 4h rnn dhin h~,J ~. f
.,' rnr•nnn rnm nrn nnrhi 1'rpncp~
r.........` ..................._-_r_.._....__.__.
se~trastsrs: . _... ~._~_..~..__..___
(2~) Any construction project that rraTec..!t° :^ :^:~.ra:~°.^,°rte
(ab) creates,-sr
adds or replaces at least five thousand square feet of impervious
surfaces, =e~(bs) Brea adds fifty percent or more of the square
footage of a structure '~ of ?^^^°^~~^~ ° ° ~°^°^ --ar (c) is a substantial
rr~ ..., ~., .._...,...
remodel or {d} ~,ts~-adds or replaces fifty percent ar more of the
exterior footprint of a structure onon a ~arcei.-
(3) Any construction project that involves a separate new
structure with an exterior footprint of 40Q square feet or more inciuding an
accessory building, on one parcel with existing structures.
12
(4~) Any construction project located in or directly adjacent to, or
discharging directly to, an Environmentally Sensitive Area.-----
ff + I rl h +h'c f`h.+n+nr .+ n Fn.+c'hln nnra onnnnm'n~l
r
._.___~_...__._~ .. _._ _.._.r __.- ___. ._. _._.__. _. __.._ ______._...__, _._
\A( L nA.+n..nemen+ h +,uhinh ~n,n IA nnf n+hcnni c no+'+„+o ~Inn,n,
., ...u,,..y.,,,,.,, ... ................................................. ~ ....
nnr! by r hrl'v' nnc /11 M\ n
Vin) Post-Construction BIVIP. A permanent, struotural BMP that
remains on a parcel after the completion of a new d~velopment/re-
developrr~ent project to oomph with urban runoff mitigation requirements.
(o) Principal Building. The building containing the primary or
predominant use of any site.
(p) Project litigation °dolurne. The amount of runoff produced
by a storm event fallina on all impermeable surfaces of a parcel unless the
new developmenttredevelopment project adds or replaces less than
50% of the principal building on the parcel if any, and the new
developmentlredevelopment project's square footage is less than 50% of
all existing structures on the parcel in which case the project mitigation
volume shall be the amount of runoff produced by a storm event falling on
13
the impermeable surfaces of the structure(s) within the scope of the new
development/redevelopment project and its/their proportional parking
areas.
{q} Rainwater iian+esting. The process of collecting treating,
storing and using rain water from onsite or offsite impermeable areas for
non-potable uses.
(re)_ Source Control BMP. Non-structural activities, practices,
and procedures that are designed to prevent urban runoff pollution.
(s) Standard Urban Storm Water Mitigation Plan fSUSMP}.
Plans developed by the Las Angeles County that designate post-
construotion BMPs that must be used in the nine specified categories of
development projects to comply with the regional NPDES permit.
(t#~ Storm Event. 0.75 inches of rainfall within a ~ons~t,~
*~•~^~,~;~24 -hour period that is separated from the previous storm event
by at least seventy-two hours of dry weather unless a more stringent
standard is mandated by federal state or local law.
(u) Storm Water. Rain water that has become runoff an a
property and flows off the property and enters the MS4i
14
(v_g)_Structural BMP. Any temporary or permanent structural
facility designed and constructed to mitigate-the adverse impacts of storm
water and urban runoff pollution . ~e
ea#egery-may-4r~cl~de-~eth
(w) Substantial Remodel. A structure shall be deemed to have
been substantially remodeled or demolished if at least fifty percent of
exterior walls have been removed or relocated for any duration of time.
In determining whether a project is a substantial remodel, a wall
shall be deemed to be demolished if the structural supporting members
(columns, two-bv-fours or other such elements) of the wall have been
removed or are no longer attached to the foundation. The roof structure
must also be retained unless the roof line is being modified or additional
floors are being added, in which case the roof structure may be removed.
tx) Total Maximum Daity Load (TMD~). A calculation that
establishes the maximum amount of an impairing substance or stressor
{e.g. pollutant) that a water body can receive and assimilate, and still
safely meet Water Quality Standards defined by the federal Clean Water
Act.
(y#)_ Treatment Control BMP. Any engineered system
designed to remove pollutants by sirrtple-gravity settling of particulate
15
pollutants, filtration, biological uptake, media adsorption or any other
physical, biological or chemical process, such as structural 13MPs.
(z) Unit Cost. Monetary amount established by a
resolution of the City Council based on the average cost per gallon of
runoff for the City to construct post-construction BMPs on City
properties during a five (5) year period prior to the adoption of the
resolution. This cost shall be an equivalent option under the hieraroh~r of
BIVIPs.
(aa+)_ Urban Runoff. Surface water flowing off of a parcel
and into the IVISa.
{bb) Urban Runoff Pollution. ~#ater artd--sSuspended or
dissolved contaminants~~teri~~+is within urban runoff includin~c but not
iimited to sediments, heavy metals organic chemicals, nutrients. ail and
grease, trash and bacteria flowing through
the MS4ftd
.Yystet~ to a storm drain, treatment facility and the Santa Monica
~a~(,t-o~ex~,~,-Dece.n rnh c+i irliec h~+ie ohn+nrn +h o+ ~+rh.~n r+,nnff
hnn4erin .~nrl . r.lirJ .nin c+e nr7 4nvinc. n ,nh nn hr~.w+, meanie nnrt
16
(~)_ Urban Runoff Mitigation Plan. A plan that shall be
submitted and approved in connection with any project that is subject to
7.10.050..,°,., ,~~„~~.,.,..,~.,+
(dd) Urban Runoff Reduction Fee. A fee paid to the City by the
applicant pursuant to Section 7.10.050 (q) in lieu of constructing a post-
construction BMP to comply with this Chapter.
The following good housekeeping requirements shall be
adhered to by all persons within the City and shall apply to all properties
public and private.
(a) Collection, Storage and Minimization of Runoff.
(1) Water used for irrigation purposes shall not be allowed to run
off of a s+te ap reel.
(2) Washing down paved areas shall be prohibited unless
necessary for health or safety purposes no# in violation of any other
provision of this Code, and only performed through high- pressure
washing. If pressure washing dewtn--paved-areas is authorized pursuant to
this subdivision (2), BMP measures shall first be implemented to remove
solids, such as litter and debris, sediments,- and any visible iiquid
hydrocarbons and other chemicals before the washing begins. a~o-d
17
Water used for pressure
washing must be collected and disposed of into the sanitary sewer only
directed to permeable landscaped areas.
(3) The uncovered outdoor storage of unsealed containers of
building materials and lawn and automotive care products containing
substances that may contribute pollutants to the storm water conveyance
system is prohibited.
(4) Commercial tenants, multi-family building managers and
industrial owners shall on a weekly basis inspect trash receptacles-and
refuse and rec~ clin storage areas, and other areas that may collect
debris or attract animals for loose garbage and liquid
waste residue and shall not. allow such garbage and. residue to
accumulate or enter the storm drain system. Trash receptacles shall have
solid covers and shall be closed at all times other than during trash
disposal to prevent the entry of rain and animals, and the exit of wind-
blown litter. Trash receptacles shall be maintained without broken covers
and leaks.
(5) Swimming pools, hot tubs,-and spas fountains and water
features shall be drained to permeable surfaces and/or to the sanitary
sewer and the water shall not be allowed to flow along the ground surface
sf~t#e-s+te and into the public right-of-way.
18
(b) Maintenance of Equipment.
(1) Objects such as vehicle motor parts containing grease, oil
or other hazardous substances, and unsealed receptacles containing
hazardous materials; shall not be stored in areas susceptible to
precipitation or runoff.
(2) Any machine which is to be repaired or maintained in an
uncovered outdoor area shall be placed on a pad of absorbent material to
contain leaks, spills or small discharges.
(3) Machinery and equipment, including motor vehicles, which
that are leaking significant amounts of oil or fluids must be repaired
immediately. Any leaks shall not be allowed to leave the property or enter
the MS4,
(c) Removal of Debris and Residue.
(1) All motor vehicle parking lots susceptible to precipitation or
runoff shall be swept, at minimum, on a monthly basis to remove debris.
Lots with more than ten parking spaces and all public parking facilities
shall be vacuum swept, at minimum, on a quarterly basis. However, lots
are not required to be vacuum swept for one month following a day when
precipitation of one-half inch or more occurs.
19
(2) Fuel and chemical residue or other types of potentially
harmful material, such as animal waste, garbage or batteries, which is
located in an area susceptible to precipitation or runoff, shall be removed
immediately and disposed of properly. Household hazardous waste may
be disposed of at the City's household hazardous waste collection facility
or at any other appropriate disposal site and shall not be placed in a trash
container.
(3) Intentional disposal of any trash, litter, anima! waste, debris
or hazardous material of any type into the public right-of-way (storm drain
conveyance system) or a storm drain or catch basin is prohibited. Section
5.20.040 of this Code prohibits discharge of other types of pollutants into
the storm drain.
C t.,l Drn+e~n+inn Annnn~r nrn h'hitarJ A rc+ of +hncn nrnh'h'+nrl
c
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7.10.050 -Urban runoff reduction requirements for new
development/re-development.
20
The following urban runoff reduction requirements shall apply to all
persons submitting applications for N+~ew DdevelopmentlRe-development
within the City.
(a) At the time of submittal of an application for a new
development(re-development project, an applicant shall be required to
submit an Urban Runoff Mitigation Plan to the Department of
Public Works.
(b) The Urban Runoff Mitigation Plan shall demonstrate that an
applicant will either store and use for non-potable purposes infiltrate or
treat and release the Project Mitigatian Volume through incorporation of
design element specified in subsection (c) of this Section or alternatively,
pavan Urban Runoff Reduction Fee in accordance with subsection (q) of
this Section unless payment of such a fee is precluded by subsection ts)
of this Section. However, an applicant shall only be authorized to treat and
release if the applicant demonstrates that on-site treatment through store
and use or infiltration is technically infeasible because the proiect is
located:
(1) where seasonal high groundwater is within 10 feet of surface
rg ade;
(2) within 100 feet of a groundwater well used for drinking water
21
t3) at a Brownfield Development site or other location where
,pollutant mobilization is a documented concern
(4) within potential geotechnical hazards; or
(5) on a site with impermeable soil type as indicated in applicable
soils and geotechnical reports.
When treat and release is authorized, the Project Mitigation Volume
must be treated in accordance with the City's Urban Runoff Treat &
Release Guidelines. ,
c~~The design elements utilized by an applicant may, but are not
required to, include the following «"^°^ ^~^••~~^'' ^^ «"°'~°« "^'^••~ so long
as the Proiect Mitigation Volume is treated by an authorized BMPreguired
(1) Direct runoff to rainwater or stormwater harvesting systems
(rain barrels and cisterns) for non-potable uses.
22
(2~-) R,;,;~Use permeable areas with Low Impact
Development strate ig es to allow passive rainwater harvesting for more
percolation of runoff into the ground through such means as:
(A+) Biofilters;
(B++) Green strips including parkways and medians. The use of
landscaped BMPs to mitigate runoff from impermeable areas must include
the appropriate storage volume for the required mitigation volume, in
addition to precipitation volumes falling on these surfaces.;
(Ci+i) Swales~-
(D) Landscapes. The use of landscapes to mitigate runoff from
impermeable areas must include the appropriate storage volume for the
required mitigation volume in addition to precipitation volumes fialling on
these surfaces; or
Permeable paving materials such as but not limited to
pervious concrete and porous asphalt permeable concrete-and plastic
modular and interlocking paving materials and equivalent materials. The
use of this BMP to mitigate runoff from impermeable areas must include
the appropriate storage volume for this required mitigation volume, in
addition to precipitation volumes falling on these surfaces.
23
(3~) Ma Direct runoff d+'reeted-tto permeable
areas ~ ^'~ ^±^r.,,,_,.,+e~ ^+„~.,~o for Te~o~infiltration
~ear,s a~through Low Impact Development strategies. The use of
permeable areas to mitigate runoff from impermeable areas must include
the appropriate storage volume for this required mitigation volume in
addition to precipitation volumes falling on these surfaces:
(A+) Orienti++zgg roof runoff and direct downspouts towards
permeable surfaces, infiltration pits {drywells}, french drains, or other
structural BMPs rather than directly to driveways parking lots or other
non-permeable surfaces so that runoff will penetrate into the ground
instead of flowing off-site to the MS{4}.
(B++) Grade~g the site ap rcel to divert flow to permeable areas.
(C+ii) Use+ng ^~~t~r„s-retention structures or terrain green or eco
rooftops to harveststere precipitation or runoffe.
(D+v) Removeiag or design+ng curbs, and berms to allow e~the
-as-t- ~ ± i=,etatt abl~~e~k~tndssape as runoff from
impermeable surfaces {e q parking lots) to drain to permeable or
landscaped areas.
24
~E) Directi downspouts to permeable areas instead of to the
MS4.
(F) For structures without roof gutters and downspouts, all runoff
must fall onto or drain directly or indirectly to permeable areas having
proper grading and storage volume for the required mitigation volume, and
pose no threat to structural integrity or adjacent structures.
(G) Surface parking lots with no sub-surface structures shall
have runoff directed to permeable, storage or infiltrating areas, including
sunken planters andtor with non-continuous curbs. Where surface BMPs
mitigate runoff from impermeable areas, they must include the appropriate
storage volume for this required mitigation volume, in addition to
precipitation volumes falling on these surfaces.
(4~) For non-permeable areas €~remove urban runoff pollutants
through the installation of treatment control BMPs.
(d4) For purposes of compliance with this Section, excluding any
impermeable deck areas the surface area of pools, hot tubs, and-spas
fountains and water features shall be considered 100% impermeable
~~~ if these water features discharge to the sanitary sewer.
(e~) The Urban Runoff Mitigation Plan must also include the
applicant's plan for the maintenance of all BMP's requiring ongoing
maintenance.
25
(fib) All Urban Runoff Mitigation Plans must include the
applicant's signed statement accepting responsibility for all structural and
treatment control BMP maintenance. The transfer of property subject to an
Urban Runoff Mitigation Plan must include as a written condition to the
transfer that the transferee assumes full responsibility for maintenance of
any structural, and/or source or treatment control BMPs as set forth in
subsection (p) of this Section.
(ga) In addition to the design e'~nts standards required in
subsection (c), the following design strategies established in this
subsection (ge) shall be required for all new development/re-development
except single-family-residences:
(1~) Urban runoff shall not be allowed- to come into contact with
the following areas:
(A+) loading and unloading dock areas;
(B++) Vehicle Rrepair and maintenance bays;
(C~+) Vehicle and equipment wash areas; and
(D+v) Fueling areas.
(2~) Where new development/-re-development will include
outdoor areas for the storage of material that may contribute pollutants to
the storm water conveyance system, these materials must be:
26
(A+) Placed in an enclosure such as, but not limited to, a cabinet,
shed, or similar structure that prevents contact with ruhoff or spillage to
the storm water conveyance system; or
(B++) Protected by secondary containment structures such as
berms, dikes; or curbs.
(3) The outdoor storage area for materials subject to subdivision
(2) of this subsection (g)Sectien must be:
(A+) Paved and sufficiently impervious to contain leaks and'
spills,;
(B++) Covered with a roof or awning to minimize collection of storm
water within the secondary containment area.
(4) In addition to the requirements of section 9.04.10.02.1.54.
Tthe area where a trash receptacle or receptacles are located for use as a
repository for solid wastes must meet the following Structural or Treatment
Control BMP requirements:
(A+) Drainage from adjoining roofs and pavement must be
diverted away from the trash storage areas~-
(B++) The area must be covered with roof or awning (to prevent
rain from entering the area and sewer or storm drain conveyance system),
screened or walled to prevent off-site transport of trash, and must be
27
connected to the sanitary sewer. This requirement shall also apply to
projects that add or alter a refuse or recyciing_storage area; and-
(Ci++) Trash bins must have solid covers and be covered at all
times except while being emptied.
{h} -The City shall maintain a list of locations where certain
types of BMPs may not be appropriate due to existinq hydro-geological
conditions andlar sub-surface. contamination.
it) -Any_municipal street road and alley re-construction praiect
of 5 444 square feet or more of surface area, involving disturbance of such
area but excluding repaving projects of existinq- roads shall be considered
for implementation of post-construction BIVIPs based upon acost-benefit
analysis for_gree_n transportation infrastructure.
Qd) Any construction project adding down spouts, gutters and
subsurface pipes directing storm water to the curb face shall have a
f€rench drain system of perforated pipe and gravel unless site-specific
circumstances endanger public safety so as to prohibit its use as
determined by the Director of the Department of c^~~~~^^^,°^±HI Yna o, hl;°
Public Works. These requirements „Frt,", c c.~ he*.:c^
fd}-shall apply even if the project does not constitute new development/re-
development as defined by this Chapter.
28
(~ Any additionai requirements imposed by the current t~PDES
permit andtor 7MD~.
(le)=The City will evaluateeualt~atien-ef each Urban Runoff
Mitigation Plan w+llto ascertain if the proposed plan meets the standards
set forth in subsection (b) of this Section. Each plan will be evaluated on
its own merits according to the particular characteristics of the project and
the site ap reel to be developed.
(m#) The Director of the Department of
Public Works or his or her designee shall approve or
disapprove the plan. ~++~° ~,~Nn :^ ,~:^^MMr^,. o,± +ti° roN^^^^ c^r
. Any plan
disapproved by the Director of
tbtC~r~agerner~tDepartment of Public Works or his or her designee must be
revised by the developer and resubmitted for further review and approval.
No building permit shall be issued until an Urban Runoff Mitigation Plan
has been approved by the Department of F^~~ r^^^,°^±M! e;,,+ o_hr;. ~ni^,-~^
AAaflagementPublic Works.
29
/nih\ 14 n ~ero'vnr 'c nntarl fnr 'm ron+inn h'1'+ v thn no+i+'nnnr ~nr'II ho
rnn~ ~'rnA }n trnncfnr }hn cn~(nnc 'n nnc+ oc rln+nrminn .cr-errtrne
rJ h,r +hn flirnn}nr of
, -rrrrn-ee a-xrp-e~~e.Trrree~vror
}hn Ilonnhmnn+ of Cnvirnmm~n#nl nnrl D, hl'n 1NnrLc ~An nnnmm~n+ }n n
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(n+) Compliance with an approved Urban Runoff Mitigation Plan
shall be a condition of any required planning approval.
(o) The property owner or designated management entity shall
be responsible for annual maintenance of its BMP, which will include an
inspection of appropriate BMP components.
(p) -The owner or the selling agent of anv real property that has
a post-construction BMP(s) installed pursuant to the requirements of this
Chapter shall in any real property transaction provide the buyer of the
30
real property with notice informing the buyer of the post-construction
BMPs) including its location maintenance requirements and any other
relevant information necessary for the buyer to properly maintain the
BMPs. The owner or the selling agent shall provide the notice to the buyer
as soon as practicable before transfer of title. The buyer shall execute a
receipt therefore as furnished by the City and said receipt shall be
delivered to the City's Office of Sustainability and the Environment as
evidence of compliance with the provisions of this Chapter. The buyer
shall acknowledge that the buyer assumes full responsibility for
maintenance of any and all post-construction BMPs. If any disclosure
required to be made by this subsection dpl of this Section is delivered after
the execution of an offer to purchase the buyer shall have three days after
delivery in person or five days after delivery bV deposit in the mail to
terminate his or her offer by delivery of a written notice of termination to
the owner or selling agent. Any person who violates the provisions of this
Chapter shall be subject to the penalties and remedies specified in
Chapter 1.08. In addition a buyer who does not receive the notice
required by this subsection (p) ma~g a civil action for damages.
(q) Except as provided in subsection ts} of this Section, an
applicant may pay an Urban Runoff Reduction Fee in accordance with the
following formula:
31
Project Mitigation Volume (cubic feet) X 7.49 (gallons/cubic foot)
X Unit Cost {dollars/gallon)
{r) For purposes of this Section, the Unit Cost shall be
established by resolution of the City Council based on the average
cost/gallon of water for the City to construct post-ednstruction BMPs on
City properties during a three {3) year period prior to the adoption of the
resolution. Commencing on July 1,.2011 and on July 1ST of each fiscal
year thereafter, the Urban Runoff Reduction Fee shall be adjusted based
on changes in constructions costs. The Urban Runoff Reduction Fee shall
be used exclusively to construct post-construction BMPs designed to
achieve at least the same level of water quality protection as if all of the
runoff was retained on site and to implement the strategies of the 5-Year
Low Impact Development Plan in support of the City's Watershed
Management Plan.
(s) An applicant shall not be authorized to pay an Urban Runoff
Reduction Fee for the nine specified land use categories found in the
SUSMP, but instead must install Structural or Treatment-control post-
construction BMP's unless the applicant demonstrates to the Director of
the Department of Public Works or his or her designee the infeasibility of
implementing these requirements. Recognized circumstances
demonstrating infeasibility include: (i) extreme limitations of space for
treatment (ii) unfavorable or unstable soil conditions at a site to attempt
infiltration; and (iii) risk of groundwater contamination because a known
32
unconfined aquifer lies beneath the land surface or an existing or potential
underground source of drinking water is less than ten feet from the soil
surface Any other justification for impracticability must be approved by the
Regional Board.
(t) An applicant and any successor in interest shall comply with
the Urban Runoff Mitigation Plan, including installation of any required
BMP and its maintenance.
(u) -Any structural or treatment control BMP used for runoff
mitigation must include a full capture trash system.
(v} The City shall maintain a list of authorized Post-construction
BMPs a list of manufacturers and products and resources and reference
technical materials which may be updated periodically by the Office of
Sustainability and the Environment. Post~construction BMPs not found in
these lists may be authorized by the City if the applicant submits treatment
results demonstrating treatment effectiveness which is equal to or better
than the treatment effectiveness of products on the'City lists.
7.10.060 Urban runoff requirements for construction
siteparcels.
The following Best Management Practices, which address the
problem of urban runoff pollution, shall apply to all construction site ap reels
in the City. These requirements shall apply at the commencement of
demolition of an existing structure and/or commencement of construction
and until ,eseipt issuance of a certificate of occupancy.
33
(a) A copy of any Storm Water Pollution Prevention Plan
(SWPPP) required to be submitted to the Regional Board shall be
submitted to the City at the same time.
(b) Polluted runoff (including runoff containing sediments and/or
construction wastes) from a construction site ap reels shall not leave the
site ap reel. No wash water from any type of cement and concrete
machineN or concrete mix truck shall be allowed to leave the construction
parcel. Anv washing of equipment in the right-of-way must be contained
and properly disposed.
(c) Any sediments or other materials that are tracked off the
s+te ap reel by vehicles and equipment shall be removed the same day as
they are tracked off the site ap reel. Where determined to be necessary by
the Director of the Department of
AAaaagementPublic Works or his or her designated representative, a
temporary sediment control BMPbarr-ier shall be installed.
(d) For any painting removal, paint preparation, or sandblasting
activities that will result in particles entering the air or landing on the
grouhd, BMP steps shall be implemented to prevent or minimize to the
maximum extent practicable such particle releases into the environment.
(e) Plastic covering shall be utilized to prevent erosion of an
otherwise unprotected area, e.q. exposed or open to elements ;along with
34
ru-n~ff-treatment control BMPsd. to intercept and safely convey the
runoff to the MS4.
(f) No washing. of construction or other vehicles shall be
allowed adjacent to a construction site ap rcel. No polluted runoff from
washing vehicles on a construction s+te ap rcel shall be allowed to leave the
site ap rcel.
(g) Erosion drainage controls shall be utilized depending on
the extent of proposed grading. and topography of the siteparcel to prevent
runoff, including but not limited to the following:
(1) Detention ponds, sediment ponds, or infiltration pits;
(2) Dikes, filter berms or ditches; or
(3) Down drains, chutes or flumes.
7.10.070 Enforcement and penalties.
p~bl'n \AMrLn I\Aw ..n+ r. h'o ~r hor rl° .. ...`.+h~ `orI +.r~..."fr~.....
35
ems,.+i,~no ~ ~n nnn ~ ~n non ~n.+ ~ an nan iho nr~n-..+mont ref
~i;/! sta~emer~~ s{~esif~~,tee-v,;8:a~#ier+-see=,,,=.,«*~;
e# ~a+1u re-#e--cent
a ~a non nr,,,,',~o,+ +h~,+ „n ham or+ ch.,~~ h ,+ .+ +• i +'i .+
36
hnn n +hn narnnn .Jnnnc'+n uli+h +hn ("h. Tr nn nnav 'n +hnn n+
in .-ln+nrm'nnrl +hn4 +hnn .nlfii anr~c an nla, n nrl +hn ("fil oh-~II rnf nrl
env m v rVnnnn'+nr7 +n +hn nnrcnn Tha rann ic'nn of 4ha I-la~r'nn Cvo m'nar
~rFtt~
r~~ I+ nhnu + hn -, .+nfense to the assessment
~
I
~ of am
~T~IC iJl IGII
I
i AG Q ~iG ~
5
snn+inn +nr ~ ., n +n n nr++hn+ n nl.~+'n n+ cnn+innn ~ ~ n nnn
thn n nrl o on+'f 4hn a nln+'n nrl by+hnn nln
n nn Gnn nt on+'nn of o nnrcnn In.hn aelac nnfi nn nnanfi cania nfi am n lna.no nr
f~milal m mhnr of 4hn n nn
37
(`han+ar n na4 avnL miva n.-1 nn+hinn n +hic. f`Ih.a n+ar c.hall n anh ,rla .~
narcnn frnm caa L'nn nnv n+har ram ar7'ac nand)+'ac nr nrnnnrl ~rac
N ~
-(a) Criminal Penalty. Any person who is convicted of violatihg this
Chapter shalt be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not greater than five hundred dollars or by
imprisonment in the County Jail for not more than six months, or by both
such fine and imprisonment.
(b) Civil Action. Any person, including the City may enforce the
provisions of this Chapter by means of a civil action.
38
(c) Anv person who violates any provision of this Chapter shall be
subject to administrative fines and administrative penalties pursuant to
Chapter 1.09 and Chapter 1.10 of this Code.
(d) Other Penalties. Anv person who violates or aids or incites
another person to violate the provisions of this Chapter is liable for each
and every such offense for the actual damages suffered by anv aggrieved
party for statutory damages in the sum of five hundred dollars per
occurrence and for such attorney's fees and costs as may be determined
by the court in addition thereto. The court may also award punitive
damages in a proper case as defined by Givil Code Section 3294. The
burden of proof for purposes of punitive damages shall be clear and
convincing evidence.
{e) Injunction. Any person who commits an act, proposes to
commit an act or engages in any pattern and practice which violates this
Chapter may be enjoined there from by anv court of competent
jurisdiction Such an injunction may compel an employer to reinstate an
employee furnish back pav or forward pav furnish lost benefits, or take
any other action necessary to make an aggrieved employee whole. An
action for injunction under this Chapter may be brought by any aggrieved
person by the City Attorney or by anv person or entity who will fairly and
adequately represent the interest of the protected class.
(fl Nonexclusive Remedies and Penalties. The remedies provided
in this Chapter are not exclusive, and nothing in this Chapter shall
39
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
7.10.0880 Additional best management practices requirements.
If a determination is made by the Director of the Department of
Public Works that the public
health and safety may be compromised through the release of
contaminants or pollutants from a construction s}te ap rcel or an existing
parcel or as a result of new development/re-development, the Director or
his or her designee shall have the authority to require additional BMPs
besides those already required by this Chapter and/or by an Urban Runoff
Mitigation Plan.
40
SECTION 2. The Council finds that the adoption of these ordinances is
exempt from the provisions of the California Environmental Quality Act pursuant to
CEQA Guidelines Section 15061(b)(3).
SECTION 3. Any provision of the Santa- Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
D AS TO-FORM:
ES MOU'fRIE
41