Chapter 21.35 — WATER QUALITY CONTROL

Development that requires a coastal development permit and has the potential for adverse water quality or hydrologic (i.e., due to changes in runoff flows) impacts to coastal waters shall in most cases require both a construction-phase plan and a post-development plan for water quality protection. The water quality protection plans are summarized as follows:

A. Construction-Phase Plan.

1. Construction Pollution Prevention Plan. A Construction Pollution Prevention Plan
(CPPP; see Section 21.35.030) shall be required for development that requires a
coastal development permit and entails construction that has the potential for adverse
water quality or hydrologic impacts to coastal waters. For the purposes of this section,
construction includes clearing, grading, or other activities that involve ground
disturbance; building, reconstructing, or demolishing a structure; and creation or
replacement of impervious surfaces. The CPPP shall describe the temporary best
management practices (BMPs) the development will implement to minimize erosion
and sedimentation during construction, and to minimize pollution of runoff and
coastal waters by construction chemicals and materials.

B. Post-Development Plans. Development may require one of two post-development water
quality protection plans:

1. Post-Development Runoff Plan. A Post-Development Runoff Plan (PDRP; see
Section 21.35.040) shall be required for development that requires a coastal
development permit and has the potential for adverse post-development water quality
or hydrologic impacts to coastal waters. If the development entails activities or
changes in land use other than construction (as defined in subsection (A)(1) of this
section), including subdivision or redivision of land, the scope of the plan may be
reduced accordingly. The PDRP shall describe the runoff management site design
strategies, pollutant source control BMPs, and other measures the development will
implement to protect coastal waters after the development is completed.

2. Water Quality and Hydrology Plan. A Water Quality and Hydrology Plan (WQHP;
see Section 21.35.050) shall be required for development that requires a coastal
development permit, has the potential for adverse water quality or hydrologic impacts
to coastal waters, and is a development of water quality concern (see Section
21.35.050(A)). Developments of water quality concern are specified categories of
development that have a greater potential for adverse water quality and hydrologic
impacts due to the development’s size, type of land use, and/or proximity to coastal
waters.
The WQHP shall be prepared by a qualified licensed professional, and shall include a
polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of
a low impact development (LID) approach to retain the design storm runoff volume on
site, and documentation of the expected effectiveness of proposed BMPs. Additional plan
components that may be required include an alternatives analysis, and a description of the
treatment control and/or runoff control BMPs the development will implement to minimize
potential post-development water quality and hydrologic impacts.

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City of Newport Beach, CA § 21.35.010 NEWPORT BEACH CODE § 21.35.030

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

In addition to the required content for each water quality protection plan specified in Sections

shall be submitted, if applicable to the project, to enable evaluation of the project’s potential water quality and hydrologic impacts:

A. Location Map. A location map, drawn to scale, showing the location of the development,
and the distance from the development to the nearest coastal waters and other natural
hydrologic features.

B. Description of Existing Project Site Conditions. A site plan that illustrates and describes
the following existing project site conditions:

1. Topography and Drainage. General site topography and drainage, including natural
hydrologic features that may provide stormwater infiltration, treatment, storage, or
conveyance (such as groundwater recharge areas, stream corridors, floodplains, and
wetlands), and any existing structural stormwater conveyances or BMPs.

2. Nearby Coastal Waters and ESHA. Location of coastal waters and Environmentally
Sensitive Habitat Areas (ESHA) within two hundred (200) feet of the project site,
indicating whether site runoff drains to these areas.

3. Discharges to Impaired Waters or ASBS. Whether runoff discharges to receiving
waters listed for water quality impairment on the most recent Clean Water Act Section
303(d) list, or to an area of special biological significance (ASBS).

4. Structures and Pavement. Existing structures, impervious surface areas, permeable
pavements, utilities, and vegetated areas. An accompanying table shall quantify the
extent of such areas.

5. Potential Contamination. Any previous land use on the site with a potential for a
historic source of contamination, and any known soil or water contamination.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

The Construction Pollution Prevention Plan (CPPP) shall describe the temporary BMPs the development will implement to minimize erosion and sedimentation during construction, and to minimize pollution of runoff and coastal waters by construction chemicals and materials. The level of detail provided to address the plan’s requirements shall be commensurate with the type and scale of the development, and the potential for adverse water quality and hydrologic impacts to coastal waters.

A. Applicability of Construction Pollution Prevention Plan. A CPPP shall be required for
development that requires a coastal development permit and entails construction that has
the potential for adverse water quality or hydrologic impacts to coastal waters. For the
purposes of this section, construction includes clearing, grading, or other activities that
involve ground disturbance; building, reconstructing, or demolishing a structure; and
creation or replacement of impervious surfaces.

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City of Newport Beach, CA § 21.35.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.030

To comply with the California State Water Resources Control Board (SWRCB) stormwater
permit requirements, an applicant proposing certain size or types of development, including
industrial facilities, may be required to develop and implement a Stormwater Pollution
Prevention Plan (SWPPP) that addresses construction activities. Applicants submitting
a SWPPP to meet SWRCB requirements shall also submit a CPPP to meet the City’s
LCP requirements for review of a coastal development permit application. Applicable
information provided in the SWPPP may also be included as part of the CPPP.

B. Submittal of Construction Pollution Prevention Plan. An applicant shall submit a
preliminary CPPP (based on site conditions and project features known at the time of
application) with the coastal development permit application, and shall submit a final CPPP
for approval prior to construction. The information provided to address the plan’s
requirements may be submitted as a standalone document, or incorporated into the other
permit application materials. Any changes to the final CPPP after issuance of the coastal
development permit shall be subject to additional authorization by the Director.

C. Requirements of Construction Pollution Prevention Plan. The CPPP shall demonstrate that
the development complies with the following requirements:

1. Minimize Erosion, Pollutant Discharge, and Nonstormwater Runoff. During construction, development shall minimize erosion, the discharge of sediment and other pollutants, and nonstormwater runoff resulting from construction activities, through the use of temporary BMPs. Development shall implement the following types of construction-phase BMPs, as applicable to the project: a. Erosion and Sediment Control BMPs. BMPs to minimize soil erosion and the discharge of sediment off site or to coastal waters, including: i. Erosion control BMPs to prevent soil from being eroded by water or wind (such as mulch, soil binders, blankets or mats, or temporary seeding). ii. Sediment control BMPs to trap and remove eroded sediment (such as fiber rolls, silt fences, straw bales, and sediment basins). iii. Tracking control BMPs to prevent vehicles leaving the construction area from tracking sediment off site (such as a stabilized construction exit, and street sweeping). b. Pollutant Control BMPs. BMPs to minimize the discharge of other pollutants resulting from construction activities (such as chemicals, vehicle fluids, petroleum products, asphalt and cement compounds, trash, and debris) off site or to coastal waters, including: i. Materials management and waste management BMPs to minimize the discharge of pollutants from staging, storage, and disposal of construction chemicals and materials (such as stockpile management practices, and a debris disposal plan). ii. Site management “good housekeeping” BMPs to minimize the discharge of pollutants from construction activities (such as maintaining an inventory of chemicals used on site, and having a written plan for the cleanup of

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City of Newport Beach, CA § 21.35.030 NEWPORT BEACH CODE § 21.35.030

spills and leaks).

c. Nonstormwater Runoff Control BMPs. BMPs to retain, infiltrate, or treat
nonstormwater runoff resulting from construction activities (such as a concrete
washout facility, dewatering tank, or dedicated vehicle wash area), to minimize
the discharge of polluted runoff.

2. Stabilize Soil as Soon as Feasible. Soil stabilization BMPs (such as mulching, soil binders, erosion control blankets, or temporary seeding) shall be implemented on graded or disturbed areas as soon as feasible during construction, where there is a potential for soil erosion to lead to discharge of sediment off site or to coastal waters. 3. Minimize Land Disturbance and Soil Compaction. Development shall minimize land disturbance during construction (e.g., clearing, grading, and cut-and-fill) and shall phase grading activities, to avoid increased erosion and sedimentation. Development shall minimize soil compaction due to construction activities, to retain the natural stormwater infiltration capacity of the soil. 4. Minimize Damage or Removal of Vegetation. Development shall minimize the damage or removal of noninvasive vegetation (including trees, native vegetation, and root structures) during construction, to achieve water quality benefits such as transpiration, vegetative interception, pollutant uptake, shading of waterways, and erosion control. 5. Use Designated Fueling and Maintenance Areas. Conduct fueling and maintenance of construction equipment and vehicles off site, if feasible. Any fueling and maintenance of mobile equipment conducted on site shall take place at a designated area located at least fifty (50) feet from coastal waters, drainage courses, and storm drain inlets, if feasible (unless these inlets are blocked to protect against fuel spills). The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills. 6. Avoid Plastic Netting in Temporary Erosion and Sediment Control Products. Development shall avoid the use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting (such as polypropylene, nylon, polyethylene, polyester, or other synthetic fibers), in order to minimize wildlife entanglement and plastic debris pollution. 7. Use Additional BMPs for Construction over, in, or Adjacent to Coastal Waters. Development shall implement additional BMPs for construction taking place over, in, or adjacent to coastal waters (including wetlands), if there is a potential for construction chemicals or materials to enter coastal waters. BMPs shall include, where applicable: a. Tarps to Capture Debris and Spills. Use tarps or other devices to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters. b. BMPS for Use of Preservative-Treated Wood in Aquatic Environments. If

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City of Newport Beach, CA § 21.35.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.030

preservative-treated wood is used, implement appropriate BMPs that meet
industry standards for selection, storage, and construction practices for use of
preservative-treated wood in aquatic environments. At a minimum, implement
the standards identified by the Western Wood Preservers Institute, et al., in
Treated Wood in Aquatic Environments: A Specification and Environmental
Guide to Selecting, Installing and Managing Wood Preservation Systems in
Aquatic and Wetland Environments (2012, or current revision thereof).

c. Nonpetroleum Hydraulic Fluids. Use nonpetroleum hydraulic fluids in principal
heavy equipment operated for one week or longer over, in, or adjacent to coastal
waters (including wetlands and intertidal areas), if leaks or spills of hydraulic
fluid from this equipment cannot be contained and could potentially enter
coastal waters.

8. Avoid Grading during Rainy Season. Development shall avoid grading during the
rainy season (from October 15th through May 15th), unless the Director determines
one of the following:

a. Extension. If the Director grants an extension for a specific length of time, based
on an inspection of the site, and a determination that conditions at the project
site are suitable for continued work with appropriate erosion and sedimentation
control measures that will be maintained during the activity; or

b. Emergency. If the Director allows grading under emergency conditions, and
BMPs to protect coastal resources are implemented where feasible.

9. Manage Construction-Phase BMPs. Appropriate protocols shall be implemented to manage construction-phase BMPs (including installation, ongoing operation, inspection, maintenance, and training), to protect coastal water quality. 10. Use Appropriate BMP Guidance Manual. The selection of BMPs for the Construction Pollution Prevention Plan shall be guided by the current edition of the California Stormwater Quality Association (CASQA) Construction BMP Handbook, or by the current edition of a BMP manual that has been designed to address local or regional runoff conditions and has been approved by the South Coast Regional Water Quality Control Board. D. Content of Construction Pollution Prevention Plan. To comply with the CPPP requirements listed in subsection (C) of this section, the CPPP shall include a construction site map and a narrative description addressing, at a minimum, the following required components, if they are applicable to the development: 1. Construction Site Plan Map. A map delineating the construction site, construction phasing boundaries, and the location of all temporary construction-phase BMPs (such as silt fences, inlet protection, and sediment basins). 2. Description of BMPs to Be Implemented to Meet All CPPP Requirements. A description of the BMPs that will be implemented to meet all the CPPP requirements listed in subsection (C) of this section and how these BMPs will minimize pollution of run-off and coastal waters during construction. Include calculations that demonstrate proper sizing of the BMPs.

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City of Newport Beach, CA § 21.35.030 NEWPORT BEACH CODE § 21.35.040

3. Construction Phasing Schedule. A construction phasing schedule, if applicable to the
project, with a description and timeline of significant land disturbance activities.

4. Schedule of BMP Installation and Construction Phasing. A schedule for installation
and removal of temporary erosion and sedimentation control BMPs, and
identification of temporary BMPs that will be converted to permanent post-
development BMPs.

5. BMP Management Plan. A description and schedule for the inspection, training,
operation, and maintenance of construction-phase BMPs, including temporary
erosion and sedimentation control BMPs, as needed to ensure that the coastal
development permit’s water quality requirements are met.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

The Post-Development Runoff Plan (PDRP) shall describe the runoff management site design strategies, pollutant source control BMPs, and other measures the development will implement to minimize stormwater pollution and changes in runoff flows from the site after development is completed, in order to protect and, where feasible, restore the quality of coastal waters. The level of detail provided to address the plan’s requirements shall be commensurate with the type and scale of the project, and the potential for adverse water quality and hydrologic impacts to coastal waters.

A. Applicability of Post-Development Runoff Plan. A PDRP shall be required if the
development requires a coastal development permit and has the potential for adverse post-
development water quality or hydrologic impacts to coastal waters. If the development
entails activities of changes in land use other than construction as defined in Section
21.35.010(A)(1), above (e.g., allowing motorized vehicle use of a trail previously restricted
to pedestrians), including subdivision or redivision of land, the scope of the plan may be
reduced accordingly.

B. Submittal of Post-Development Runoff Plan. An applicant shall submit a preliminary
PDRP (based on site conditions and project features known at the time of application) with
the coastal development permit application, and shall submit a final PDRP prior to issuance
of the coastal development permit. Any changes to the final PDRP after issuance of the
coastal development permit shall be subject to additional authorization by the Director.

C. Requirements of Post-Development Runoff Plan. The PDRP shall demonstrate that the
development complies with the following requirements:

1. Address Runoff Management Early in Site Design Planning. All development shall
address run-off management early in site design planning and alternatives analysis,
and shall implement appropriate and feasible site design strategies for runoff
management.

Site design strategies for runoff management are project design and site layout
techniques that integrate existing site characteristics that affect runoff (such as
topography, drainage patterns, vegetation, soil conditions, natural hydrologic
features, and infiltration conditions) into the design of strategies to minimize post-
development changes in the runoff flow regime, control pollutant sources, and where
necessary remove pollutants.

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City of Newport Beach, CA § 21.35.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.040

2. Give Precedence to Low Impact Development Approach to Stormwater Management. All development shall give precedence to the use of a Low Impact Development (LID) approach to stormwater management, to preserve the natural hydrologic functions of the site and minimize post-development changes in the site’s runoff flow regime. LID emphasizes preventive site design strategies, integrated with small-scale, distributed BMPs that replicate the site’s pre-development hydrologic balance through infiltration, evapotranspiration, harvesting for later on-site use, detention, or retention of stormwater close to the source. By reducing runoff, LID also reduces the transport of pollutants from the site. In implementing an LID approach, priority shall be given to the use of LID site design strategies (such as reducing impervious surface area) to minimize post-development changes in the site’s stormwater flow regime, supplemented by the use of structural LID BMPs (such as a bioretention system) if needed to mitigate any unavoidable changes in runoff flows. Use of LID site design strategies can reduce the volume of stormwater runoff generated, and thus reduce the need for and size of structural LID BMPs required. LID site design strategies and BMPs include, but are not limited to, the following: a. Protect and Restore Natural Hydrologic Features. Plan, site, and design development to protect and, where feasible, restore natural hydrologic features that provide stormwater infiltration, treatment, storage, or conveyance. Examples include: i. Preserve natural drainage patterns, drainage swales, groundwater recharge areas, floodplains, and topographical depressions that can provide storage of small storm volumes. ii. Preserve natural stream corridors, rivers, and wetlands, and establish appropriate buffer areas. b. Preserve or Enhance Vegetation. Plan, site, and design development to preserve or enhance non-invasive vegetation, in order to achieve water quality benefits such as transpiration, interception of rain-fall, pollutant uptake, shading of waterways to maintain water temperature, and erosion control. Examples include: i. Minimize removal of natural noninvasive vegetation.

ii. Plant additional trees and other noninvasive vegetation, preferentially native plants.

c. Maintain or Enhance On-Site Infiltration. Plan, site, and design development to
maintain or enhance on-site infiltration of runoff, where appropriate and
feasible, in order to preserve natural hydrologic conditions, recharge
groundwater, attenuate runoff flows, retain dry-weather runoff on site, and
minimize transport of pollutants. Examples include:

i. Avoid building impervious surfaces on highly permeable areas. Cluster
buildings and other impervious areas onto the site’s least permeable soils.

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City of Newport Beach, CA § 21.35.040 NEWPORT BEACH CODE § 21.35.040

ii. Minimize unnecessary soil compaction, which can greatly reduce the
infiltrative capacity of soils. Amend soil if needed to enhance its
infiltration and pollutant removal capacity.

iii. Install an infiltration/evapotranspiration BMP such as a bioretention
system, vegetated swale, or rain garden.

d. Minimize Impervious Surface Area. Plan, site, and design development to
minimize the installation of impervious surfaces (including pavement,
sidewalks, driveways, patios, parking areas, streets, and rooftops), in order to
reduce runoff. Where feasible, increase the area of pervious surfaces in
redevelopment. Examples include:

i. Downsize impervious coverage by minimizing the footprint of buildings
and impervious pavement (such as a shorter driveway, narrower road, or
smaller parking lot).

ii. Where pavement is required, install a permeable pavement system (e.g.,
interlocking concrete pavers, porous asphalt, permeable concrete, or
reinforced grass or gravel), where appropriate and feasible. Design
permeable pavements so that runoff infiltrates into a subsurface recharge
bed and the underlying soil, if feasible, to reduce runoff, enhance
groundwater recharge, and filter out pollutants.

e. Disconnect Impervious Surface Areas from Storm Drain System. Plan, site, and
design development to minimize directly connected impervious areas, which are
areas covered by a building, impermeable pavement, or other impervious
surfaces that drain directly into the storm drain system without first flowing
across permeable areas (such as vegetative landscaping). Convey runoff from
impervious surfaces into permeable areas in a nonerosive manner. Examples
include:

i. Direct rooftop runoff into permeable landscaped areas.

ii. Direct runoff from impervious pavement into distributed permeable areas
such as turf, recreational areas, medians, parking islands, and planter
boxes.

iii. Design curbs, berms, and similar structures to avoid isolation of vegetative
landscaping and other permeable areas, and allow runoff to flow from
impervious pavement to permeable areas for infiltration.

iv. Install an infiltration BMP such as a vegetated swale or filter strip to
intercept runoff sheet flow from impervious surfaces.

v. Install a rainwater harvesting BMP, such as a rain barrel or cistern, to
capture and store rooftop runoff for later use in on-site irrigation.

3. Use Alternative BMPs Where On-Site Infiltration Is Not Appropriate. If on-site
infiltration of runoff may potentially result in adverse impacts (including, but not
limited to, geologic instability, flooding, or pollution of coastal waters), the
development shall substitute alternative BMPs that do not involve on-site infiltration,
to minimize changes in the runoff flow regime to the extent appropriate and feasible.

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City of Newport Beach, CA § 21.35.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.040

Alternative BMPs shall also be used where infiltration BMPs are not adequate to treat a specific pollutant of concern attributed to the development, or where infiltration practices would conflict with regulations protecting groundwater. Examples of alternatives to infiltration BMPs include:

a. Install Green Roof or Flow-through Planter. Install a vegetated “green roof” or flow-through planter box that does not infiltrate runoff into the ground, and instead uses evapotranspiration to reduce runoff.

b. Install Rainwater Harvesting System. Install a rainwater harvesting system (such
as a rain barrel or cistern) to capture and store rooftop runoff for later on-site use
of nonpotable water that drains to the sanitary sewer or storm drain system (such
as flushing toilets).

c. Direct Runoff to Off-Site Infiltration Facility. Direct runoff from the
development to an off-site regional infiltration facility.

d. Direct Runoff to Storm Drain System. If appropriate and feasible BMPs have
been implemented to reduce runoff volume, velocity, and flow rates, direct
runoff to the storm drain system.

4. Use Source Control BMPs. All development shall implement appropriate and feasible
long-term, post-development pollutant source control BMPs to minimize the transport
of pollutants in runoff from the development.

Source Control BMPs are structural features or operational practices that control
pollutant sources and keep pollutants segregated from runoff. Examples include
covering outdoor storage areas, using efficient irrigation, proper application and
cleanup of potentially harmful chemicals and fertilizers, and proper disposal of waste.

5. Address Runoff from Impervious and Semi-Pervious Surfaces. Runoff from all new
and/or replaced impervious and semipervious surfaces shall be addressed in the plan.
For sites where the area of new and/or replaced impervious and semi-pervious
surfaces is greater than or equal to fifty (50) percent of the preexisting impervious and
semi-pervious surfaces, runoff from the entire developed area, including the
preexisting surfaces, shall be addressed in the plan.

6. Prevent Adverse Impacts to Environmentally Sensitive Habitat Areas from Runoff. In
areas in or adjacent to an environmentally sensitive habitat area (ESHA),
development shall be planned, sited, and designed to protect the ESHA from any
significant disruption of habitat values resulting from the discharge of stormwater or
dry weather flows.

7. Minimize Discharges of Dry Weather Runoff to Coastal Waters. Development shall
be planned, sited, and designed to minimize discharges of dry weather runoff to
coastal waters, to the maximum extent feasible. Examples include:

a. Use Efficient Irrigation. Use efficient irrigation techniques that minimize off-
site runoff.

b. Design Vehicle Washing Areas to Minimize Runoff. Design vehicle washing
areas so that wash water is conveyed to an infiltration system, recycling system,
or sanitary sewer system, to minimize off-site runoff.

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City of Newport Beach, CA § 21.35.040 NEWPORT BEACH CODE § 21.35.040

8. Minimize Adverse Impacts of Discharges from Stormwater Outfalls. Development
shall be planned, sited, and designed to avoid the adverse impacts of discharging
concentrated flows of stormwater or dry weather runoff through stormwater outfalls
to coastal waters, intertidal areas, beaches, bluffs, or stream banks.

Development shall comply with the following requirements:

a. Avoid Construction of New Stormwater Outfalls. Avoid construction of new
stormwater outfalls, and direct stormwater to existing facilities with appropriate
treatment and filtration, where feasible.

b. Minimize Adverse Impacts to Coastal Resources from Unavoidable Stormwater
Outfalls. Where new development or redevelopment of a stormwater outfall that
discharges directly to coastal waters, intertidal areas, beaches, bluffs, or stream
banks cannot be avoided, plan, site, design, and manage outfalls to minimize
adverse impacts to coastal resources.

To minimize adverse impacts, development shall:

i. Consolidate existing and new stormwater outfalls, where appropriate.

ii. Implement design and management features to minimize discharges of dry
weather runoff through stormwater outfalls.

iii. Implement design and management features to minimize adverse impacts
to coastal resources resulting from discharges of stormwater or dry
weather runoff through stormwater outfalls.

9. Prevent Erosion at Stormwater Outlets. Protective measures shall be used to prevent erosion at stormwater outlets (including outlets of pipes, drains, culverts, ditches, swales, or channels), if the discharge velocity will be sufficient to potentially cause erosion from concentrated runoff flows. The type of measures selected for outlet erosion prevention shall be prioritized in the following order, depending on the characteristics of the site and the discharge velocity: a. Use Vegetative Bioengineered Measures. Vegetative bioengineered measures for outlet protection (such as plant wattles) shall be given preference, rather than hardened structures, where site conditions are favorable for these measures to be feasible and effective. Where plant wattles are not feasible, other bioengineered measures (such as rock and plant pole cuttings) shall be considered for outlet erosion prevention. b. Use Hardened Structure Consisting of Loose Material. Where a vegetative bioengineered measure is not feasible or effective, a hardened structure consisting of loose material (such as a riprap apron or rock slope protection) shall be considered for outlet erosion prevention. c. Use Fixed Energy Dissipation Structure. Where none of the above measures would be feasible or effective, a fixed energy dissipation structure (such as a concrete apron, grouted riprap, or baffles) designed to handle the range of flows exiting the outlet shall be used for outlet erosion prevention. It is anticipated that

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City of Newport Beach, CA § 21.35.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.040

larger outlets will require a fixed energy dissipation structure.

10. Manage BMPs for Life of Development. Appropriate protocols shall be implemented
to manage post-development BMPs (including ongoing operation, maintenance,
inspection, and training) in all development, to protect coastal water quality for the
life of the development.

11. Use Appropriate BMP Guidance Manual. The selection of BMPs for the Post-
Development Runoff Plan shall be guided by the current edition of the California
Stormwater Quality Association (CASQA) BMP Handbooks, or by the current
edition of a BMP manual that has been designed to address local or regional runoff
conditions and has been approved by the South Coast Regional Water Quality Control
Board.

D. Content of Post-Development Runoff Plan. To comply with the PDRP requirements listed
in subsection (C) of this section, the PDRP shall include a site plan and a narrative
description addressing, at a minimum, the following required components, if they are
applicable to the development:

1. PDRP Site Plan. A site plan showing post-development structural BMPs, stormwater
conveyances and discharges, structures, pavements, and utilities, with contour
intervals appropriate to identify post-development topography, finished grades, and
drainage patterns.

2. Identification of Pollutants Potentially Generated. Identification of pollutants
potentially generated by the proposed development that could be transported off the
site by runoff.

3. Estimate of Changes in Impervious and Semi-Pervious Surface Areas. An estimate of
the proposed changes in impervious surface area on the site, including pre-project and
post-project impervious coverage area and the percentage of the property covered
with impervious surfaces. Include an estimate of the proposed changes in the amount
of directly connected impervious areas, which drain directly into the storm drain
system without first flowing across permeable areas. Also include an estimate of
changes in site coverage with permeable or semi-permeable pavements.

4. Description of BMPs to Be Implemented to Meet All PDRP Requirements. A
description of the BMPs that will be implemented to meet all the PDRP requirements
listed in subsection (C) of this section, and how these BMPs will minimize
stormwater pollution and post-development changes in runoff flows from the
development.

5. Description of Low Impact Development Approach to Stormwater Management to
Be Implemented. A description of the low impact development (LID) approach to
stormwater management (see subsection (C)(2) of this section) that will be
implemented, or a justification if an LID approach is not selected.

6. BMP Installation or Implementation Schedule. A schedule for installation or
implementation of all post-development BMPs.

7. Description of BMP Management. A description of the ongoing management of post- development BMPs (including operation, maintenance, inspection, and training) that

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City of Newport Beach, CA § 21.35.040 NEWPORT BEACH CODE § 21.35.050

will be performed for the life of the development, as needed for the BMPs to function properly.

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A Water Quality and Hydrology Plan (WQHP) shall be required for developments of water quality concern (see subsection (A) of this section), which are specified categories of development that have a greater potential for adverse water quality and hydrologic impacts due to the development size, type of land use, and/or proximity to coastal waters. The WQHP shall be prepared by a qualified licensed professional, and shall include a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of an LID approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Additional plan components that may be required include an alternatives analysis, and a description of the treatment control and/or runoff control BMPs the development will implement to minimize potential post-development water quality and hydrologic impacts.

A. Applicability of Water Quality and Hydrology Plan. A WQHP shall be required for a
development of water quality concern that requires a coastal development permit and has
the potential for adverse water quality or hydrologic impacts to coastal waters, including
development that (1) entails construction (as defined in Section 21.35.010(A)), or (2)
entails activities or changes in land use other than construction.

Developments of water quality concern shall include the following categories:

1. Residential. Residential development that creates and/or replaces five or more
dwelling units.

2. Hillside. Hillside development on a slope greater than fifteen (15) percent, on a site
with erodible soil.

3. Seventy-Five (75) Percent Impervious Surface Area. Development where seventy-
five (75) percent or more of the site’s surface area will be impervious surfaces.

4. Ten Thousand (10,000) Square Feet Impervious Surface Area. Development that
creates and/or replaces a cumulative site total of ten thousand (10,000) square feet or
more of impervious surface area.

5. Parking Lot. Development of a parking lot that creates and/or replaces a cumulative
site total of five thousand (5,000) square feet or more of impervious surface area that
may potentially contribute to stormwater runoff.

6. Vehicle Service Facility. Development of a vehicle service facility, including a retail
gasoline outlet, commercial car wash, or vehicle repair facility.

7. Street, Road, or Highway Facility. Development of a street, road, or highway facility
that creates and/or replaces a cumulative site total of five thousand (5,000) square feet
or more of impervious surface area.

8. Restaurant. Development of a restaurant that creates and/or replaces a cumulative site total of five thousand (5,000) square feet or more of impervious surface area. 9. Outdoor Storage Area. Development of a commercial or industrial outdoor storage

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City of Newport Beach, CA § 21.35.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.050

area that creates and/or replaces a cumulative site total of five thousand (5,000)
square feet or more of impervious surface area (or an area determined by the Director
based on the use of the storage area), where used for storage of materials that may
potentially contribute pollutants to coastal waters or the storm drain system.

10. Commercial or Industrial Development Generating a High Pollutant Load.
Commercial or industrial development with a potential for generating a high pollutant
load that may potentially enter coastal waters or the storm drain system.

11. Contaminated Soil. Development on land where the soil has been contaminated by a
previous land use, and where the contaminated soil has the potential to be eroded or
to discharge the contaminants into runoff or coastal waters.

12. Near or Discharges Directly to Coastal Waters. Development that creates and/or
replaces a cumulative site total of two thousand five hundred (2,500) square feet or
more of impervious surface area, if the development is located within one hundred
(100) feet of coastal waters (including the ocean, estuaries, wetlands, rivers, streams,
and lakes) or discharges directly to coastal waters (i.e., does not discharge to a public
storm drain system).

13. Other. Any other development determined by the Director to be a development of
water quality concern.

B. Submittal of Water Quality and Hydrology Plan. An applicant shall submit a preliminary
WQHP (based on site conditions and project features known at the time of application)
with the coastal development permit application, and shall also submit a final WQHP prior
to issuance of the coastal development permit. Any changes to the final WQHP after
issuance of the coastal development permit shall be subject to additional authorization by
the Director.

C. Requirements of Water Quality and Hydrology Plan. The WQHP shall demonstrate that a
development of water quality concern complies with the following requirements:

1. Prepare Plan by Qualified Licensed Professional. A California-licensed professional (e.g., registered professional civil engineer, geotechnical engineer, geologist, engineering geologist, hydrogeologist, or landscape architect) qualified to complete this work shall be in responsible charge of preparing the Water Quality and Hydrology Plan for a development of water quality concern. 2. Conduct Polluted Runoff and Hydrologic Site Characterization. A polluted runoff and hydrologic characterization of the existing site (e.g., potential pollutants in runoff, soil properties, infiltration rates, depth to groundwater, and the location and extent of hardpan and confining layers) shall be conducted, as necessary to design the proposed BMPs. 3. Address Runoff from Impervious and Semi-Pervious Surfaces. Runoff from all new and/or replaced impervious and semipervious surfaces shall be addressed in the plan. For sites where the area of new and/or replaced impervious and semi-pervious surfaces is greater than or equal to fifty (50) percent of the preexisting impervious and semi-pervious surfaces, runoff from the entire developed area, including the preexisting surfaces, shall be addressed in the plan.

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City of Newport Beach, CA § 21.35.050 NEWPORT BEACH CODE § 21.35.050

4. Size LID, Runoff Control, and Treatment Control BMPs Using Eighty-Fifth
Percentile Design Storm Standard. Any LID, runoff control, or treatment control
BMP (or suite of BMPs) implemented to comply with WQHP requirements shall be
sized, designed, and managed to infiltrate, retain, or treat, at a minimum, the runoff
produced by the eighty-fifth percentile twenty-four (24) hour storm event for volume-
based BMPs, or two times the eighty-fifth percentile one-hour storm event for flow-
based BMPs.

5. Use LID Approach to Retain Design Storm Runoff Volume on Site. The development
shall implement an LID approach to stormwater management that will retain on site
(by means of infiltration, evapotranspiration, or harvesting for later on-site use) the
runoff volume produced by the eighty-fifth percentile twenty-four (24) hour design
storm (see subsection (C)(4) of this section), to the extent appropriate and feasible.

6. Conduct Alternatives Analysis If Design Storm Runoff Volume Will Not Be Retained
on Site Using LID Approach. If the proposed development will not retain on site the
runoff volume produced by the eighty-fifth percentile twenty-four (24) hour design
storm (subsection (C)(4) of this section) using an LID approach, an alternatives
analysis shall be conducted. The alternatives analysis shall demonstrate that:

a. There Are No Feasible Alternative Project Designs. Demonstrate that there are
no appropriate and feasible alternative project designs (such as a reduced project
footprint) that would enable on-site retention of the runoff volume produced by
the eighty-fifth percentile twenty-four (24) hour design storm, giving
precedence to an LID approach.

b. On-Site Runoff Retention Is Maximized. Demonstrate that on-site runoff
retention is maximized to the extent appropriate and feasible, giving precedence
to an LID approach.

c. Feasibility of Off-Site Runoff Retention Is Considered. If subsections (C)(6)(a)
and (b) of this section, above, are demonstrated, some or all of the runoff volume
produced by the eighty-fifth percentile twenty-four (24) hour design storm may
be retained off site, if it is demonstrated that off-site options will feasibly
contribute to meeting the development’s runoff retention and treatment
requirements.

7. Use Treatment Control BMPs to Remove Pollutants If Necessary. Treatment control
BMPs are structural systems designed to remove pollutants from runoff by processes
such as gravity settling of particulate pollutants, filtration, biological uptake, media
adsorption, or other physical, biological, or chemical process. Examples include
vegetated swales, detention basins, and storm drain inlet filters.

The following applicability and performance standards shall be required for treatment
control BMPs:

a. Use Treatment Control BMPs to Remove Pollutants from Any Design Storm Runoff Not Retained on Site. The development shall implement a treatment control BMP (or suite of BMPs) to remove pollutants of concern from any portion of the runoff produced by the eighty-fifth percentile twenty-four (24) hour design storm (see subsection (C)(4) of this section) that will not be retained on site.

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City of Newport Beach, CA § 21.35.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.050

b. Use Treatment Control BMPs Prior to Infiltration Where Necessary and
Effective. Where infiltration BMPs are not adequate to remove a specific
pollutant of concern attributed to the development, an effective treatment
control BMP (or suite of BMPs) shall be required prior to infiltration of run-off,
or else an alternative BMP that does not involve infiltration shall be substituted
for the infiltration BMP.

c. Select Treatment Control BMPs Effective for Pollutants of Concern. Where a
treatment control BMP is required, a BMP (or suite of BMPs) shall be selected
that has been shown to be effective in reducing the pollutants of concern
generated by the proposed land use.

8. Use Runoff Control BMP If Development Will Add More Than Fifteen Thousand
(15,000) Square Feet of Impervious Surface Area. When a development results in a
large impervious surface area, implementing site design strategies and LID BMPs
may potentially not be sufficient to minimize adverse post-development changes in
runoff volume, flow rate, timing, and duration, which could adversely impact coastal
waters, habitat, and property through hydromodification. A proposed development
that will add a net total of more than fifteen thousand (15,000) square feet of
impervious surface area shall implement a runoff control BMP, sized for the
appropriate design storm (as specified in subsections (C)(8)(a) and (b) of this section),
to capture and retain a portion of the anticipated increase in runoff volume after the
site is developed.

Runoff control BMPs are structural systems designed to minimize post-development
changes in runoff flow characteristics by processes such as infiltration,
evapotranspiration, harvesting for later on-site use, detention, or retention of runoff.
Examples include retention structures such as basins, ponds, topographic depressions,
and stormwater vaults.

The following applicability and performance standards shall be required for runoff
control BMPs, as determined by the net increase in impervious surface area:

a. Runoff Control BMPs Using Flow Retention Techniques. If a proposed
development will add a net total of more than fifteen thousand (15,000) square
feet of impervious surface area, the development shall implement a runoff
control BMP that uses flow retention techniques to capture and retain any
portion of the runoff volume produced by the eighty-fifth percentile, twenty-
four (24) hour design storm (see subsection (C)(4) of this section) that will not
be retained on site using an LID approach. Flow retention techniques shall
optimize on-site infiltration, and shall use stormwater storage, harvesting for
later on-site use, and/or evapotranspiration to address any of the required runoff
flow retention volume that cannot be infiltrated.

b. Runoff Control BMPs Using Peak Management Techniques. In addition to
using flow retention techniques, a proposed development that will add a net total
of more than twenty-two thousand five hundred (22,500) square feet of
impervious surface area shall also implement a runoff control BMP that uses
peak management techniques to prevent the post-development runoff peak
flows discharged from the site from exceeding pre-project peak flows for the
two-year through ten (10) year storm events.

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City of Newport Beach, CA § 21.35.050 NEWPORT BEACH CODE § 21.35.050

9. Use Appropriate BMPs for High-Pollutant Land Uses. Commercial and industrial developments with a potential for a high concentration of pollutants (including, but not limited to, outdoor work and storage areas, restaurants, roads and highways, parking lots, and vehicle service facilities) shall implement appropriate site design and source control BMPs to keep pollutants out of stormwater, and shall either use treatment control BMPs to remove pollutants of concern before discharging runoff to coastal waters or the storm drain system, or shall connect the pollutant-generating area to the sanitary sewer. 10. Design and Manage Parking Lots to Minimize Polluted Runoff. A parking lot over five thousand (5,000) square feet in area shall be designed to minimize impervious surfaces, and the parking lot runoff shall be treated and/or infiltrated before it discharges to coastal waters or the storm drain system, so that heavy metals, oil and grease, and polycyclic aromatic hydrocarbon pollutants on parking lot surfaces will not enter coastal waters. Parking lot design and management shall include: a. Parking Lot Landscaping. The design of landscaped areas for parking lots shall consider and may, where appropriate, be required to include provisions for the on-site detention, retention, and/or infiltration of stormwater runoff in order to reduce and slow runoff, and provide pollutant cleansing and groundwater recharge. Where landscaped areas are designed for detention, retention, and/or infiltration of stormwater runoff from the parking lot, recessed landscaped catchments (below the elevation of the pavement) shall be required. Curb cuts shall be placed in curbs bordering landscaped areas, or else curbs shall not be installed, in order to allow stormwater runoff to flow from the parking lot into landscaped areas. All surface parking areas shall be provided a permeable buffer between the parking area and adjoining streets and properties. b. Parking Lot Vacuuming. Accumulations of particulates that may potentially be contaminated by oil, grease, or other pollutants shall be removed from heavily used parking lots (e.g., fast food outlets, lots with twenty-five (25) or more parking spaces, sports event parking lots, shopping malls, grocery stores, and discount warehouse stores) by dry vacuuming or equivalent techniques. c. Filter Maintenance. Filter treatment systems, particularly for hydrocarbon removal BMPs, shall be adequately maintained.

10. Manage BMPs for Life of Development. Appropriate protocols shall be implemented to manage BMPs (including ongoing operation, maintenance, inspection, and training), to protect coastal water quality for the life of the development.

    D. Content of Water Quality and Hydrology Plan. To comply with the WQHP requirements listed in subsection (C) of this section, the WQHP shall include, at a minimum, the following required components, if they are applicable to the development: 1. Post-Development Runoff Plan Information. All of the information required for the Post-Development Runoff Plan (see Section 21.35.040), including site design strategies and pollutant source control BMPs. 2. Documentation of Polluted Runoff and Hydrologic Site Characterization. A polluted runoff and hydrologic characterization of the existing site (e.g., potential pollutants in runoff, soil properties, infiltration rates, depth to groundwater, and the location and

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City of Newport Beach, CA § 21.35.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.35.050

extent of hardpan and confining layers) as necessary to design the proposed BMPs.

3. Description of BMPs to Be Implemented to Meet All WQHP Requirements. A
description of the BMPs that will be implemented to meet all the WQHP requirements
listed in subsection (C) of this section, and how these BMPs will minimize
stormwater pollution and changes in runoff flows from the development. Include
documentation of the expected effectiveness of the proposed BMPs, including a
characterization of post-development pollutant loads, and calculations, per applicable
standards, of changes in the stormwater runoff flow regime (i.e., volume, flow rate,
timing, and duration of flows) resulting from the proposed development when
implementing the proposed BMPs.

4. Calculations for Sizing BMPs Using Eighty-Fifth Percentile Design Storm Standard.
Calculations that demonstrate that the proposed BMP (or suite of BMPs)
implemented to comply with WQHP requirements (see subsection (C) of this section)
has been sized and designed to infiltrate, retain, or treat, at a minimum, the runoff
produced by the eighty-fifth percentile twenty-four (24) hour storm event for volume-
based BMPs, or two times the eighty-fifth percentile one-hour storm event for flow-
based BMPs.

5. Documentation That Runoff from Impervious and Semi-Pervious Surfaces Is
Addressed as Required. A table quantifying the site’s new, replaced, and preexisting
impervious and semi-pervious surface areas. Documentation that runoff from all new
and/or replaced impervious and semi-pervious surfaces is addressed. For sites where
the area of added and/or replaced impervious and semi-pervious surfaces is greater
than or equal to fifty (50) percent of the preexisting impervious and semi-pervious
surfaces, documentation that runoff from the entire developed area, including
preexisting surfaces, is addressed (pursuant to subsection (C)(3) of this section).

6. Description of LID Approach Used to Retain Design Storm Runoff Volume on Site.
A description of the LID approach to stormwater management to be implemented,
documenting that LID site design strategies have been given priority, and a
description of the LID BMPs that will be used to retain on site (by means of
infiltration, evapotranspiration, or harvesting for later on-site use) the runoff produced
by the eighty-fifth percentile twenty-four (24) hour design storm (see subsection
(C)(4) of this section), to the extent appropriate and feasible.

7. Alternatives Analysis Documenting Site-Specific Constraints. Where an alternatives
analysis is required (pursuant to subsection (C)(6) of this section), document the site-
specific engineering constraints and/or physical conditions to justify the
determination that there are no appropriate and feasible alternative project designs
that would retain on site the runoff produced by the eighty-fifth percentile twenty-four
(24) hour design storm, giving precedence to an LID approach. Also demonstrate that
on-site runoff retention is maximized to the extent appropriate and feasible, and that
the feasibility of off-site runoff retention is considered.

8. Description of BMP Management. A description of the ongoing management of post-
development BMPs (including operation, maintenance, inspection, and training) that
will be performed for the life of the development, as needed for the BMPs to function
properly.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

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City of Newport Beach, CA