Port Hueneme Municipal Code Ch. 7 Standard Water Quality Urban Impact Mitigation Plan Implementation

Nothing in this Chapter shall be interpreted to:

(a) Infringe any right or power guaranteed by the California Constitution, including any vested property right; or,

(b) Require any action inconsistent with any applicable and lawfully adopted General Plan, Specific Plan, Plan Amendment, or Building Code that conforms to the laws of the State of California and the requirements of this Chapter; or,

(c) Restrict otherwise lawful land use except as authorized by the laws of the State of California, subject to the limitations of this Chapter.

(Ord. 636 § 1(part), 2001)

This Chapter shall apply only to the City's approval of discretionary projects (within the meaning of the California Environmental Quality Act, Public Resources Code § 21000 et seq.) for new development or redevelopment in the categories below which have not received development/planning permit approval or been deemed complete for processing prior to July 27, 2000:

(a) Single-family hillside residences on graded hillside sites;

(b) 100,000 square foot commercial development;

(c) Automotive repair shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539);

(d) Retail gasoline outlets;

(e) Restaurants (SIC code 5812);

(f) Home Subdivisions often (10) or more dwelling units;

(g) Location within or directly adjacent to or discharging directly to an environmentally sensitive area;

(h) Parking lots with five thousand (5,000) square feet or more of impervious parking or access surfaces or with twenty-five (25) or more parking spaces and potentially exposed to storm water runoff, as defined in this Chapter.

(Ord. 636 § 1 (part), 2001)

For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this Chapter shall have the meanings ascribed by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act § 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in "WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES WITHIN VENTURA COUNTY FLOOD CONTROL DISTRICT, COUNTY OF VENTURA AND THE CITIES OF VENTURA COUNTY," Regional Board Order No. 00-108, (NPDES No. CAS 004002), or subsequently-issued permit issued to the City by the California Regional Water Quality Control Board—Los Angeles, as such permits may be amended from time to time.

"100,000 square foot commercial development" means any commercial development that creates at least 100,000 square feet of impermeable area, including, but not limited to parking areas. (See "Commercial development" as defined below.)

"Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539.

"Best Management Practice" (BMP) means any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods or measures, or other management practices or engineered systems, which when implemented, prevent, control, remove, or reduce pollution.

"Commercial development" means any development on private land that is not residential or a site of an industrial activity, as defined in 40 C.F.R. § 122.26(b)(14). "Commercial development" includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C.F.R. § 122.26(b)(14).

"Directly Adjacent" means situated within two hundred (200) feet of the contiguous zone required for the maintenance, function, or structural stability of an environmentally sensitive area.

"Directly Connected Impervious Area" (DCIA) means area covered by a building, impermeable pavement and/or other impervious surfaces which drains directly into a storm drain without first flowing across permeable land area (e.g., a lawn).

"Discharger" means the Ventura County Flood Control District (VCFCD), the County of Ventura and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks, when referred to jointly;

"Environmentally sensitive area" means an area "in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments" (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are: areas designated as an Area of Special Biological Significance (ASBS) by the State Water Resources Control Board, an area designated as a significant natural resource by the California Resources Agency, or an area identified by the Discharger as environmentally sensitive for water quality purposes., based on the Regional Board Basin Plan and Clean Water Act Section 303(d) Impaired Waterbodies List for the County of Ventura.

"Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty-five percent (25%) or greater and cut or fill slopes.

"New development" means the subdivision of land, or the construction of structures, or other impervious surfaces, or both.

"Parking lot" means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains five thousand (5,000) square feet, or more, or twenty-five (25) or more parking spaces, and which is potentially exposed to storm water.

"Permit" means, unless the context indicates reference to another permit, the "WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES WITHIN VENTURA COUNTY FLOOD CONTROL DISTRICT, COUNTY OF VENTURA AND THE CITIES OF VENTURA COUNTY," Regional Board Order No. 00-108, (NPDES No. CAS 004002), or subsequent permit issued to the City by the California Regional Water Quality Control Board—Los Angeles, as such permits may be amended from time to time.

"Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces. Redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Where Redevelopment results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SQUIMPs, the design standards apply only to the addition, and not to the entire development.

"Restaurant" means a stand-alone facility where prepared food and drinks are sold for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption. (See SIC Code 5812). ("Restaurant" does not include co-located stalls or food counters in general purpose establishments such as markets and grocery stores.)

"Retail gasoline outlet" means any facility where gasoline and lubricating oils are sold.

"Source control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

"Storm event" means a rainfall event that produces more than 0.1 inch of precipitation separated from the previous storm event by at least seventy-two (72) hours of dry weather.

"Structural control BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy or a structural enclosure). This category may include both treatment control BMPs and source control BMPs.

"Treatment" means the use of physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.

"Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

(Ord. 636 § 1 (part), 2001)

No new development shall increase the peak rate of discharge of storm water from the developed site if this increase would make downstream erosion more probable.

(Ord. 636 § 1 (part), 2001)

Unless inconsistent with vested rights, the site design for all subdivisions subject to this Chapter, to the maximum extent practicable, shall:

(a) Concentrate or cluster new development on portions of the site while leaving the remaining land in a natural undisturbed condition;

(b) Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection;

(c) Maximize the use of trees and other vegetation by adding vegetation, clustering tree areas and promoting the use of native and/or drought tolerant plants;

(d) Promote natural vegetation by the use of parking lot islands and other landscaped areas; and

(e) Preserve riparian areas and wetlands.

(Ord. 636 § 1 (part), 2001)

(a) On the date this Chapter takes effect, those best management practices which are listed in the Storm Water Quality Urban Impact Mitigation Plan, Appendix A of the Permit, as it may be amended or reissued, shall be incorporated by reference into this Code and shall remain in effect until the City Council shall adopt by Resolution a guidebook prepared or recommended by the City Manager, categorizing development and best management practices for each category.

(b) The City Manager from time to time may revise the guidebook, and the City Council may adopt these revisions by Resolution.

(c) No best management practice other than a structural or treatment control best management practice shall be used in any development regulated under this Chapter, unless the permit or the guidebook refers to or recommends that practice.

(d) No structural or treatment control best management practice may be used in any development regulated under this Chapter unless the permit or the guidebook refers to or recommends that practice.

(Ord. 636 § 1 (part), 2001)

Best management practices shall be used on slopes or channels in new development or redevelopment subject to this Chapter and shall:

(a) Convey runoff from tops of slopes and stabilize disturbed slopes;

(b) Eliminate or reduce flow to natural drainage systems, and, for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable;

(c) Stabilize soil at permanent channel crossings;

(d) Vegetate slopes with native or drought tolerant species known to control erosion, when practicable; and,

(e) Dissipate concentrated flows before they enter unlined channels (Ord 636 § 1 (part), 2001)

In the project area of new development or redevelopment subject to this Chapter, a notice that dumping in storm drains and catch basins is illegal shall be:

(a) Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area;

(b) Posted at all known public accesses to natural or artificial drainage channels within the project area; and,

(c) Maintained to preserve the sign.

(Ord. 636 § 1 (part), 2001)

(a) All materials stored outdoors in new development or redevelopment subject to this Chapter which, if exposed to storm water, may reasonably be expected to add pollutants to it, shall be thoroughly isolated from contact:

(1) With storm water, by enclosure in a structure; or,

(2) With storm water, by a surrounding curb or other containment structure.

(b) The storage area must be completely covered:

(1) By impermeable paving; and,

(2) Any structure, by an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure.

(Ord. 636 § 1 (part), 2001)

Except where they serve only single-family residences, solid waste containers in new development or redevelopment subject to this Chapter shall be stored in areas that:

(a) Are isolated from contact with storm water originating outside the storage area; and,

(b) Are surrounded with a barrier sufficient to prevent trash from being transported out of the storage area, except during collection.

(Ord. 636 § 1 (part), 2001)

(a) Every person applying to the City for approval of any new development or redevelopment subject to this Chapter, as part of that application, in a signed writing, shall agree to maintain any structural or treatment control best management practice required by the permit or this Chapter to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restrictions, commonly known as CC&Rs), CEQA mitigation measures, conditional use permit, or other legal agreement (collectively "Agreement").

(b) The Agreement described in subsection (a) of this section shall remain in force until ownership of the developed property has been entirely transferred, and upon transfer, shall be binding on the new owner(s).

(Ord. 636 § I (part), 2001)

Except as this Chapter may specifically exempt, every structural or treatment control best management practice implemented pursuant to this Chapter in new development or redevelopment subject to this Chapter, for the area contributing to that practice:

(a) Shall be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the (City Public Works or Engineering Agency) may establish;

(b) Volume-Based post-construction structural or treatment control BMPs shall be adequate to mitigate (infiltrate or treat):

(1) For the volume of storm water that, as determined by the formula recommended in 'Urban Run-off Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998), may be collected from the contributing area during a twenty-four hour period in which the total storm water runoff exceeds eighty-five percent (85%) of all runoff volumes that have been measured for twenty-four hour periods for that same area; or,

(2) To treat, by the method recommended in California Storm Water Best Management Practices Handbook—Industrial/Commercial (1993), or the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines and as determined there, eighty percent (80%) or more volume treatment of the annual volume of storm water runoff from the contributing area; or,

(3) For the volume of storm water runoff from the contributing area produced by a storm event of 0.75 inches.

(c) Flow-based post-construction structural or treatment control BMPs shall be sized to handle the flow from:

(1) Ten percent (10%) of the fifty-year design flow rate, or

(2) A flow that would result in the treatment of the same percentage of runoff if treated using volumetric standards, set forth in subsection (b), above; or

(3) A Storm Event equal to or greater than .2″ per hour intensity; or

(4) A Storm Event equal to or greater than twice the eighty-fifth percentile hourly rainfall intensity for Ventura County.

(d) Subsections (b) and (c) of this section shall not apply to any land area of less than five thousand (5,000) square feet being developed or redeveloped for use by any restaurant, or any retail gasoline outlet.

(e) Where redevelopment results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development was not subject to these SQUIMPs, the design standards apply only to the addition, and not to the entire development.

(Ord. 636 § 1 (part), 2001)

In any 100,000 square foot commercial development or in any automotive repair shop, the design of any outdoor loading dock area in new development or redevelopment subject to this Chapter shall:

(a) Use an overhead covering that prevents the entry of storm water; or,

(b) Prevent the entry of storm water by diverting it away; and,

(c) Not permit the flow of storm water from any truck well into a storm drain system.

(Ord. 636 § 1 (part), 2001)

In any 100,000 square foot commercial development or in any automotive repair shop, in new development or redevelopment subject to this Chapter, the design of any repair or maintenance bay shall:

(a) Prevent the entry of storm water by diverting it away or by locating such bays indoors; and,

(b) Use a drainage system that collects all water from washing and from leaks or spills to a sump for collection and disposal; and,

(c) Does not conduct storm water from the bay to a storm drain system.

(Ord. 636 § 1 (part), 2001)

The design of any wash area for motor vehicles or equipment in new development or redevelopment subject to this Chapter shall include:

(a) An adequate overhead covering: and,

(b) A device that clarifies or otherwise pretreats all wash water; and,

(c) A drain conducting all treated wash water to a sanitary sewer.

(Ord. 636 § 1 (part), 2001)

The design of any restaurant subject to this Chapter shall include an area for the washing or cleaning of equipment, which:

(a) If indoors, shall:

(1) Be self-contained;

(2) Use a grease trap; and,

(3) Use a drain conducting all waste water to a sanitary sewer; and,

(b) If outdoors, shall:

(1) Use an overhead covering adequate to prevent contact with storm water;

(2) Be covered with impermeable paving;

(3) Be surrounded by a curb or other containment; and,

(4) Use a drain conducting all wastewater to a sanitary sewer.

(Ord. 636 § 1 (part), 2001)

All fuel dispensing areas in any retail gasoline outlet subject to this Chapter shall:

(a) Be covered by a structure that:

(1) Extends outward at least as far as the grade break at all points; and,

(2) Diverts all storm water away from the fueling area.

(b) Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two percent (2%) but not more than four percent (4%);

(c) Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents storm water from entering the fueling area;

(d) Extend at least six and one-half (6 ½) feet from the outermost corner of any fuel dispenser, or one (1) foot more than the combined length of the dispensing hose and nozzle, whichever distance is less.

(Ord. 636 § 1 (part), 2001)

To the maximum extent practical, all parking lots subject to this Chapter shall minimize offsite transport of pollutants by using the following design criteria and BMPs:

(a) Minimizing impervious land coverage;

(b) Providing for effective treatment or infiltration of storm water before it is discharged into storm drains; and,

(c) Use of operational and maintenance measures to remove heavy metals, oil and grease, and polycyclic aromatic hydrocarbons.

(Ord. 636 § 1 (part), 2001)

(a) It shall be unlawful and a misdemeanor, subject to punishment in accordance with this Code, to violate any provision of this Chapter. Any condition in violation of the prohibitions of this Chapter shall also be and constitute a threat to the public health, safety and welfare and is declared and deemed a public nuisance pursuant to and may be abated and punished as provided in this Code.

(b) Each and every remedy available for the enforcement of this Chapter shall be nonexclusive and it is within the discretion of the City to seek cumulative remedies, except that multiple fines or penalties shall not be available for any single violation.

(c) Any person in violation of this Chapter also may be in violation of the federal Clean Water Act, the Porter-Cologne Act or other laws and may be subject to sanctions including civil and criminal liability. Accordingly, the City is authorized to file a citizen's suit pursuant to the Clean Water Act, to pursue other remedies, and to report an alleged violation to the US EPA the Regional Water Quality Control Board, or any other appropriate Federal, State or local agency of any alleged violation of this Chapter.

(Ord. 636 § 1 (part), 2001)

(a) The City Manager and such officers as the City Manager may designate shall enforce the provisions of this Chapter.

(b) As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this Chapter.

(Ord. 636 § 1 (part), 2001)

The City Council may establish and fix by Resolution the amount of fees for services provided under this Chapter, as authorized under Sections 66016 and 66018 of the California Government Code.

(Ord. 636 § 1 (part), 2001)

(a) Any person required under this Chapter to implement a Structural or Treatment Control Best Management Practice may petition to the City Council to waive that requirement as impractical, provided the petitioner in good faith has considered and rejected as not feasible all such practices available.

(b) The City Council may waive a Structural or Treatment Control Best Management Practice as impractical if:

(1) Inadequate space for treatment exists on a redevelopment project; or,

(2) Soil conditions disfavor the use of infiltration; or,

(3) The natural land surface where the BMP would be located lies:

(A) Above a known unconfined aquifer; or,

(B) Less than ten (10) feet above an existing or potential source of drinking water.

(c) Any petition for waiver not falling within the foregoing categories shall be forwarded to the Regional Board for consideration.

(d) If a waiver is granted under subsection (b), above, the waiver shall be conditioned on the petitioner's payment into a storm water mitigation fund of an amount equal to the petitioner's savings as a result of the grant of the waiver, without subtracting the cost to the petitioner of applying for the waiver.

(Ord. 636 § 1 (part), 2001)