sr-062210-7c~;~YOf City Council Report
Santa Moniea
City Council Meeting: June 22, 2010
Agenda Item: ~" "-'~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Amending Santa Monica Municipal Code Chapter 7.10 to Update and
Clarify the Urban Runoff Pollution Ordinance
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
At its meeting on June 8, 2010, the City Council introduced for first reading an
ordinance amending Santa Monica Municipal Code Chapter 7.10 to update and clarify
the Urban Runoff Ordinance. The ordinance is now presented to the City Council for
adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
roved: Forwarded to Council:
Rod Gould
City Manager
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f:\atty\muni\laws\barry\Urban Runoff Ordinance Revision (II) June 8, 20.10 Council
Meeting
City Council Meeting June 22, 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;
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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
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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
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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; and
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 Managemeht 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 Stormwater Enterprise Fund; and
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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
7.1-0.010 Findings.
The City Council finds and declares:
(a) Urban runoff flows from individual properties onto 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 City's
storm and surface water drainage system, and to prevent pollutants from
entering the Santa Monica Bay.
(b) The number of beach closures and postings in the state due
to ocean pollution continue at unacceptable levels, especially in Southern
California. Urban runoff is the single largest source of this ocean pollution,
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and consequently, is a 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 equivalent, post-construction Best
Management Practices ("BMPs") and Total Maximum Daily Loads
(TMDLs) to reduce 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) In order to reduce runoff pollution and volume from private
and publicly-owned properties planned for development, a program is
required to ensure that new developments/re-developments or
construction projects incorporate design elements, such as post-
construction BMPs, construction BMPs, and Low Impact Development
strategies, 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 Idcal water supplies, such as rain water and
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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) It is in the best interest of the City to establish guidelines for
control of the quality and quantity of urban runoff within the City.
7.10.020 Purpose.
The purpose of this Chapter is to permanently modify the behavioral
and structural causes of urban runoff pollution by reducing runoff volume
and pollution from existing residential and non-residential properties and
from future parcel developments. The goal is to ensure that project parcels
maximize onsite storage and use, or percolation of runoff through a
hierarchy of post-construction BMP strategies called Low Impact
Development.
7.10.030 Definitions.
The following words and phrases shall have the following meanings
when used in this Chapter:
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(a) Accessory Building. 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.
(b) 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.
(c) Best Management Practices ("BMPs"). Non-structural
strategies and structural devices, whether temporary and permanent, that
reduce the 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 (GHR),
post-construction BMPs, full capture trash BMPs, source control
BMPs, structural BMPs, and treatment control BMPs.
(d) Environmentally Sensitive Area (ESA). Area designated
by the Regional Board requiring special protection because of its
landscape, wildlife or historical value.
(e) Full Capture Trash BMP. 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
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a one-year, one-hour storm.. Such a system is considered a post-
construction BMP and treatment control BMP.
(f) Good Housekeeping Requirements ("GHR"). Urban
runoff pollution control practices applicable to all properties, which have
been demonstrated to significantly reduce and control urban runoff, such
as source and treatment control BMPs
(g) Green Transportation Infrastructure. Streets, roads and
alleys that have post-construction BMPs to harvest runoff for storage
and onsite use, including green streets and green alleys.
(h) Hardscape. Any impermeable surface exposed to
precipitation or runoff.
(i) Hierarchy of BMPs. 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.
Q) Low Impact Development (LID). LID is a comprehensive
stormwater management, land planning and engineering design approach
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.
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(k) Municipal Separate Storm Sewer System (MS4). An MSa
is a municipal piping system that conveys dry weather runoff or storm
water from individual 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 Water Act 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, New 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 parcel.
(2) Any construction project that (a) creates, adds, or replaces
at least five thousand square feet of impervious surfaces, (b) adds fifty
percent or more of the square footage of a structure, (c) is a substantial
remodel or (d) adds or replaces fifty percent or more of the exterior
footprint of a structure on a parcel.
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(3) Any construction project that involves a separate new
structure with an exterior footprint of 400 square feet or more, including an
accessory building, on one parcel with existing structures.
(4) Any construction project located in or directly adjacent to, or
discharging directly to, an Environmentally Sensitive Area.
(n) Post-Construction BMP. A permanent, structural BMP that
remains on a parcel after the completion of a new development/re-
development project to comply with urban runoff mitigation requirements.
(o) Principal Building. The building containing the primary or
predominant use of any site..
(p) Project Mitigation Volume. The amount of runoff produced
by a storm event falling on all impermeable surfaces of a parcel unless the
new development/redevelopment project adds or replaces less than
50% of the principal building on the parcel, if any, and the new
developmenUredevelopment 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
the impermeable surfaces of the structure(s) within the scope of the new
development/redevelopment project and its/their proportional parking
areas.
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(q) Rainwater Harvesting. The process of collecting, treating,
storing and using rain water from onsite or offsite impermeable areas for
non-potable uses.
(r) Source Control BMP. Non-structural activities, practices, and
procedures that are designed to prevent urban runoff pollution.
(s) Standard Urban Storm Water Mitigation Plan (SUSMP).
Plans developed by the Los Angeles County that designate post-
construction 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 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 on a
property and flows off the property and enters the MS4.
(v) Structural BMP. Any temporary or permanent structural
facility designed and constructed to mitigate the adverse impacts of storm
water and urban runoff pollution.
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(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-by-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.
(x) Total Maximum Daily Load (TMDL). 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 Cleah Water
Act.
(y) Treatment Control BMP. Any engineered system designed
to remove pollutants by gravity settling. of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological or
chemical process, such as structural BMPs.
(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 three
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(3) year period prior to the adoption of the resolution. This cost shall be an
equivalent option under the hierarchy of BMPs.
(aa) Urban Runoff. Surface water flowing off of a parcel and into
the MS4.
(bb) Urban Runoff Pollution. Suspended or .dissolved
contaminants within urban runoff including but not limited to sediments,
heavy metals, organic chemicals, nutrients, oil and grease, trash and
bacteria flowing through the MS4 to a storm drain, treatment facility and
the Santa Monica Bay.
(cc) 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.
7.10.040 Good housekeeping requirements for reduction of
urban runoff applicable to all properties.
The following good housekeeping requirements shall be adhered to
by all persons within the City and shall apply to all properties, public and
private.
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(a) Collection, Storage and Minimization of Runoff.
(1) Water used for irrigation purposes shall not be allowed to run
off of a parcel.
(2) Washing down paved areas shall be prohibited unless
necessary for health or safety purposes, not in violation of any other
provision of this Code, and only performed through high pressure
washing. If pressure washing 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 liquid hydrocarbons and other
chemicals before the washing begins. Water used for pressure washing
must be collected and disposed of into the sanitary sewer only or 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, refuse
and recycling 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
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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, 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
and into the public right-of-way.
(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 that are
leaking significaht amounts of oil or fluids must be repaired immediately.
Any leaks shall not be allowed to leave the property or enter the MS4.
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(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.
(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, animal 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.
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7.10.050 Urban runoff reduction requirements for new
development/re-development.
The following urban runoff reduction requirements shall apply to all
persons submitting applications for New Development/Re-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 Mitigation Volume through incorporation of
design elements specified in subsection (c) of this Section, or alternatively,
pay an Urban Runoff Reduction Fee in accordance with subsection (q) of
this Section unless payment of such a fee is precluded by subsection (s)
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 project is
located:
(1) where seasonal high groundwater is within 10 feet of surface
grade;
(2) within 100 feet of a groundwater well used for drinking water;
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(3) 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 Project Mitigation Volume
is treated by an authorized BMP:
(1) Direct runoff to rainwater or.stormwater harvesting systems
(rain barrels and cisterns) for non-potable uses.
(2) Use permeable areas with Low Impact Development
strategies 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
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the appropriate storage volume for the required mitigation volume, in
addition to precipitation volumes falling on these surfaces.
(C) 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 falling on
these surfaces; or
(E) 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.
(3) Direct runoff to permeable areas for infiltration 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) Orient 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
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surfaces so that runoff will penetrate into the ground instead of flowing
offsite to the MS4.
(B) Grade the parcel to divert flow to permeable areas.
(C) Use retention structures or terrain (green or eco) rooftops to
harvest precipitation or runoff.
(D) Remove or design curbs, and berms to allow runoff from
impermeable surfaces (e.g. parking lots) to drain to permeable or
landscaped areas.
(E) Direct downspouts to permeable areas instead of to the MSd.
(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 and/or 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.
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(4) For non-permeable areas, remove urban runoff pollutants
through the installation of treatment control BMPs.
(d) For purposes of compliance with this Section, excluding any
impermeable deck areas, the surface area of pools, hot tubs, spas,
fountains and water features shall be considered 100% permeable, 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 BMPs requiring ongoing
maintenance.
(f) 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.
(g) In addition to the design standards required in subsection
(c), the following design strategies established in this subsection (g) shall
be required for all new development/re-development except single-family
residences:
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(1) Urban runoff shall not be allowed to come into contact with
the following areas:
(A) Loading and unloading dock areas;
(B) Vehicle repair and maintenance bays;
(C) Vehicle ahd equipment wash areas; and
(D) 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:
(A) Placed in an enclosure such as, but not limited to, a cabinet,
shed, or similar structure that prevents contact with runoff 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) must be:
(A) Paved and sufficiently impervious to contain leaks and spills.
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(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 9.04.10.02.150, the
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 offsite transport of trash, and must be
connected to the sanitary sewer. This requirement shall also apply to
projects that add or alter a refuse or recycling storage area; and
(C) 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 existing hydro-geological
conditions and/orsub-surface contamination.
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(i) Any municipal street, road and alley re-construction project
of $1,000,000 or more, excluding repaving projects of existing roads, shall
implement post-construction BMPs for green transportation infrastructure.
Q) Any construction project adding down spouts, gutters and
sub-surface pipes directing storm water to the curb face shall have a
french 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 Public Works. These
requirements shall apply even if the project does not constitute new
development/re-development as defined by this Chapter.
(k) Any additional requirements imposed by the current NPDES
permit and/or TMDL.
(I) The City will evaluate each Urban Runoff Mitigation Plan to
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 parcel to be
developed.
(m) The Director of the Department of Public Works or his or her
designee shall approve or disapprove the plan. Any plan disapproved by
the Director of Department of Public Works or his or her designee must be
revised by the developer and resubmitted for further review and approval.
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No building permit shall be issued until an Urban Runoff Mitigation Plan
has been approved by the Department of Public Works.
(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 any real property that has
a post-construction BMPs) installed pursuant to the requirements of this
Chapter shall, in any real property transaction, provide the buyer of the
real property with notice informing the buyer of the post-construction
BMP(s), 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 (p) of this Section is delivered after
the execution of an offer to purchase, the buyer shall have three days after
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delivery in person or five days after delivery by 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) may bring a civil action for damages.
(q) Except as provided in subsection (s) of this Section, an
applicant may pay an Urban Runoff Reduction Fee in accordance with the
following formula:
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-construction 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 15t 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.
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(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
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
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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 parcels.
The following Best Management Practices, which address the
problem of urban runoff pollution, shall apply to all construction parcels in
the City. These requirements shall apply at the commencement of
demolition of an existing structure and/or commencement of construction
and until issuance of a certificate of occupancy.
(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 parcel shall not leave the parcel.
No wash water from any type of cement and concrete machinery or
concrete mix truck shall be allowed to leave the construction parcel. Any
washing of equipment in the right-of-way must be contained and properly
disposed.
(c) Any sediment or other materials that are tracked off the
parcel by vehicles and equipment shall be removed the same day as they
are tracked off the parcel. Where determined to be necessary by the
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Director of the Department of Public Works or his or her designated
representative, atemporary sediment control BMP shall be installed.
(d) For any paint removal, paint preparation, or sandblasting
activities that will result in particles entering the air or landing on the
ground, 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.g. exposed or open to elements, along with
treatment control BMPs 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 parcel. No polluted runoff from washing
vehicles on a construction parcel shall be allowed to leave the parcel.
(g) Erosion drainage controls shall be utilized depending on the
extent of proposed grading and topography of the parcel 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.
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7.10.070 Enfoecement and penalties.
(a) Criminal Penalty. Any person who is convicted of violating this
Chapter shall 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.
(c) Any 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. Any 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 any 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 Civil 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.
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Chapter may be enjoined there from by any court of competent
jurisdiction. Such an injunction may compel an employer to reinstate an
employee, furnish back pay or forward pay, 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 any person or entity who will fairly and
adequately represent the interest of the protected class.
(f) Nonexclusive Remedies and Penalties. The remedies provided
in this Chapter are not .exclusive, and nothing in this Chapter shall
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
7.10.080 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 parcel
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.
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).
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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
AS TO FORM:
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