King City Municipal Code Art. 1 General Provisions

The purpose of this chapter is to protect the health and safety of individuals in the city of King City and reduce surface water quality degradation caused by stormwater runoff. The intent of this chapter shall be implemented in a manner consistent with the federally mandated nonpoint source pollution control measures, and the National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water Discharge Phase II Permits issued to the city by the Central Coast Regional Water Quality Control Board (CCRWQCB).

The authority for this chapter is established in California Health and Safety Code Section 5471, the Water Quality Act of 1987 Section 402(p) (33 U.S.C. Section 1342(p) ), and in the NPDES Storm Water Discharge Permit(s) issued to the city by CCRWQCB.

The city manager or authorized designee shall have the authority to promulgate administrative guidelines to assist in implementation of this chapter.

(Ord. 702 § 1, 2013)

If any section, subsection, subchapter, sentence, clause, or phrase of this chapter is held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this chapter shall not be affected thereby.

(Ord. 702 § 1, 2013)

Unless otherwise expressly stated, the following definitions are applicable.

Applicant:

Any person, firm, corporation, business, or governmental agency that executes the necessary forms to request official approval of a project or a permit in order to carry out construction of a project.

Best management practice (BMPs):

A structural device or nonstructural practice designed to treat stormwater runoff in order to reduce stormwater pollution, or designed to prevent stormwater pollution.

City:

City of King City.

Deemed complete:

The date the planning office determines that all the required information in a development application has been provided.

Development:

A proposed land use and/or construction project that requires issuance of a land use approval, a building permit, or a grading permit prior to commencement of construction.

Development service office:

An office within the city that includes the functions of planning, building inspection, land development engineering, surveying, and the clean water program.

Discretionary approval:

An approval that is subject to the use of discretion or judgment and which may be given subject to conditions being imposed.

Disturbance, or land disturbance:

Grading, filling, grubbing, clearing, vegetation removal, build, or demolition.

Existing conditions:

Refers to the conditions that exist on a site before the commencement of a land development project and at the time the city approves plans or issues permits for the land development of a site. Where phased development or plan approval occurs (i.e., preliminary grading, road construction and utility installation, etc.), the existing conditions are considered those in existence prior to the time that the first land use approval, building permit or grading permit is issued.

Food service facility:

Any business or establishment that prepares food for sale or distribution to the public.

Hazardous material:

Any material so designated by state and federal laws or by City ordinance.

Hydromodification management measures:

Any combination of on-site, off-site, and in-stream control measures incorporated into specified development or redevelopment projects in order to reduce peak amounts of stormwater runoff flow, so as to not cause an increase in the erosion potential of the receiving watercourse over the pre-project condition, in accordance with the NPDES Municipal Storm Water Discharge II Permit (also referred to as peak management).

Hydromodification/peak management:

Changes to the stormwater runoff characteristics of a watershed caused by changes in land use.

Impervious surface:

A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, parking lots, concrete or asphalt surfaces, compacted base rock, and compacted soils.

Low impact development (LID):

LID employs principles such as preserving and recreating natural landscape features and minimizing imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than as a waste product.

Maximum extent practicable (MEP):

The maximum degree of pollution reduction that is achievable by applying best management practices, taking into account the best available technology, cost effectiveness, and other competing issues such as human safety and welfare, endangered species and threatened resources, historic properties and geographic features.

Monterey Bay watershed:

All of the territory within the city of King City where storm drainage flows to Monterey Bay.

Non-stormwater discharge:

Discharge that is anything other than stormwater. Non-stormwater discharge includes, but is not limited to: sewage, industrial wastes, hazardous waste, anti-freeze, petroleum or petroleum products, coal tar, chemicals, detergents, solvents, paints, contaminated or chlorinated swimming pool water, water from pools, spas and fountains that contain copper-based chemicals, wastewater generated from installation, cleaning, treating and washing of the surface of copper architectural features (including copper roofs to the storm drains) pesticides, herbicides, fertilizers, soil sediments, wash water, cans, bottles, rubbish, refuse, bark, sawdust, or other solid wastes, animal/pet wastes, cement powder, concrete waste, broken concrete, construction site waste or debris, motor or other vehicles or parts thereof, or any material that may be deleterious to aquatic life.

NPDES Municipal Storm Water Discharge permit:

A National Pollution Discharge Elimination System (NPDES) permit issued to the city of King City and other local jurisdictions by the Regional Water Quality Control Board of the Central Coast Region, state of California.

Numeric sizing criteria:

Equations used for designing stormwater treatment measures that are included in the city’s NPDES Municipal Storm Water Discharge II Permit.

Office of building inspection (building):

An office within the city that includes the functions of building inspection and building plan check.

Office of public works:

An office within the city that includes the functions of land development engineering, construction inspections, surveying, and the clean water program.

Operation and maintenance agreement:

A written agreement providing for the long-term operation and maintenance of stormwater management facilities and practices on a site or with respect to land development project, which when properly recorded with the county recorder constitutes a restriction on the title to a site.

Owner:

The legal or beneficial owner of a site, including, but not limited to, a person, firm, or corporation in control of the site.

Permit:

The permit issued by the city of King City to an applicant that is required for commencing a land use, land development activity, or a construction project.

Person:

Any person, firm, association, organization, government agency, partnership, business trust, join venture, corporation, or company.

Petroleum product:

Fuel oil, sludge, oil refuse, oil mixed with waste, gasoline, motor fuel, motor oil, gear oil, and grease.

Post-development:

Refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development construction activity on a site.

Program:

The city of King City clean water program.

Redevelopment:

A land development project on a previously developed site; excluding ordinary maintenance activities, interior remodeling of existing building, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional stormwater runoff pollution.

Refuse:

Putrescible and non-putrescible solid or liquid materials or waste, whether combustible or noncombustible, and including garbage, rubbish and food processing waste.

Regulated project:

A project that is identified by the city which is subject to the NPDES Storm Water Discharge Phase II Permit.

Runoff:

Flowing stormwater that leaves a site.

Run-on:

Flowing stormwater entering a site from off-site.

Site:

Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are under one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a use permit, subdivision, building permit, or project.

Site design BMPs/design strategies:

Nonstructural techniques designed to reduce the amount of runoff by decreasing the amount of impervious surface, infiltrating runoff into the soil and/or providing stormwater detention. Examples of site design BMPs may include narrower streets, permeable pavement, detention ponds, and shared driveways.

Soil sediments:

The soil washed away by water. As used in this chapter “soil sediments” refers to the loss of soil caused by land disturbance and does not apply to naturally occurring erosion on undisturbed land.

Source control BMPs:

Structural measures or nonstructural practices used to eliminate contact between rainfall and potential source of contamination. Examples include covered materials handling areas, covered garbage and refuse receptacles, parking lots sweeping, etc.

Storm drain:

Any inlet, pipe, conduit, swale, channel or creek designed or used for the disposal of storm and surface waters and drainage, but excluding any sanitary sewer system.

Stormwater:

Unpolluted water that has no added constituents that would render it unacceptable for disposal to storm or natural drainage channels, or directly to surface waters.

Stormwater permit:

A written permit issued by the grading official, authorizing site work and stormwater treatment measures.

Stormwater system:

The system of inlets, drains, pipes, swales, channels, creeks, which collects, directs and transports stormwater runoff.

Stormwater treatment measures:

Permanent structural measures designed to reduce stormwater pollution by capturing and treating runoff. Examples include detention basins, vegetated swales and media filters. Also known as LID treatment system/measures, non-retention based treatment system and biofiltration treatment systems.

Unincorporated area:

Those portions of the city which lie outside municipal boundaries of the city.

Watercourse:

Any natural or artificial stream, lake, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from stormwater flow, overflow, or flood water; and any channel, either manmade or natural, in which a flow of water occurs, either continuously or intermittently.

(Ord. 702 § 1, 2013)