Santa Barbara Municipal Code Ch. 14.56 Natural Watercourses and Storm Drain System

Note: Prior ordinance history: Ord. 2931, 1963 and prior code §§ 37.63—37.70, 37.72—37.75, 37.78, 37.79, 44.58—44.60.

Words and phrases defined in Section 14.04.020 that are also defined in federal or state statute or regulations governing storm water runoff or discharges into navigable waters of the United States or waters of the state will be interpreted to be consistent with the applicable federal or state statute or regulation and for the greatest protection of the environment.

(Ord. 5910, 2019)

A. It is unlawful to dump, place, deposit, abandon, or discharge, or cause to be dumped, placed, deposited, abandoned, or discharged any obstruction, pollutant, or contaminant into any watercourse.

B. It is unlawful for an owner of property containing any part of any watercourse to permit, maintain, retain, accumulate, or allow to remain or accumulate, any pollutant or contaminant in the watercourse located on the owner's property.

(Ord. 5910, 2019)

A. It is unlawful to place, allow, wash, or discharge any pollutant or substance other than unpolluted storm water runoff into the City storm drain system, except pursuant to a valid permit issued by the Director.

B. Any unpermitted discharge into the City storm drain system that would result in or contribute to a violation of any NPDES permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge is the responsibility of the person or persons causing or responsible for the discharge.

C. A permit for discharge must be approved in advance by the Director or a California State official or U.S. Government official having jurisdiction over such discharge. The Director may issue a permit when authorized by state or federal statute or regulation, or pursuant to a permit or agreement issued by a state or federal agency or official in accordance with applicable law. The Director may condition any permit to require the permittee to provide water quality treatment methods and facilities to prevent or reduce pollution or comply with discharge requirements of any applicable law or permit.

D. The discharges listed in this subsection are exempt of subsections A and B. This subsection does not authorize a discharge in violation of any other provision of this Code or the waste or unreasonable use of water.

1. Unpolluted discharges from potable water line flushing.

2. Unpolluted discharges of ground water.

3. Unpolluted discharges from potable water sources.

4. Unpolluted discharges of water from foundation drains.

5. Unpolluted discharges of air conditioner condensate.

6. Unpolluted discharges of spring water.

7. Unpolluted discharges from crawl space or basement pumps.

8. Unpolluted discharges from footing drains.

9. Unpolluted discharges of flows from riparian habitat and wetlands.

10. Unpolluted discharges of incidental runoff from landscaped areas.

11. Discharges and flows resulting from fighting fires.

E. The Director may authorize the incidental use of street curbs or gutters for temporary collection of a pollutant or polluted discharge arising from routine cleaning and maintenance activities on adjacent sidewalks or property provided that there is a system in place for collecting and properly disposing of the pollutant or polluted discharge.

(Ord. 5910, 2019)

A. It is unlawful to grade or place fill material in a watercourse except pursuant to a valid grading or building permit, or both a grading and building permit, issued in accordance with Chapters 22.04, 22.85 and 22.87 of this Code.

B. It is unlawful to place any structure, conduit, pipe, impervious material, or lining in a watercourse except pursuant to a grading or building permit, or both a grading and building permit, issued in accordance with Chapter 22.04.

C. A grading or building permit processed for the purposes identified in subsection A or B shall meet the engineered grading requirements of the California Building Code, Appendix J as amended by paragraph J104.2.3 of Section 22.04.020 of this Code, or any successor amendment. In addition, the application shall include calculations, prepared by a licensed civil engineer, demonstrating that the watercourse modification provides for an equivalent storm water hydraulic capacity. Compliance with Title 44 Code of Federal Regulations, Section 60.3, or any successor amendment, is mandatory within floodways and special flood hazards areas. A grading or building permit subject to this subsection shall not be issued except upon referral to the Department and approval by the Director.

D. Consistent with the General Plan goals and policies for preservation and enhancement of the natural environment, installation of pipes, concrete, and other drainage structures in natural watercourses is prohibited except for water supply projects, flood control projects that are necessary for public safety, or to maintain or repair a structure that protects existing development. The exception for water supply or flood control projects shall be used only where no other less environmentally damaging method is available and the project has been designed to minimize damage to creeks, wetlands, water quality, and riparian habitats.

(Ord. 5910, 2019)

A. It shall be illegal for any person to connect any drainage pipe to the City storm drain system, without obtaining a permit therefor from the Director.

B. The Director may waive the requirement of subsection A whenever the connection to the City storm drain system is made in accordance with a grading or building permit issued in accordance with Title 22, a tentative subdivision or parcel map approved in accordance with Title 27, or a development permit approved in accordance with Title 28 or 30 of this Code.

C. No permit shall be issued pursuant to subsection B except upon review and recommendation of the Director.

(Ord. 5910, 2019)

A. The application for a permit, or waiver of the permit, must be submitted on a form provided or approved by the Director and accompanied by a fee in an amount established by City Council resolution. The Director may require a plan prepared and signed by a licensed civil engineer showing the size, type, length and location of the drainage structures to be connected to the City's storm drain system, the type and height of fill, if any, to be placed thereon, the type of connection to be made to the City's storm drain system, including provision for access thereto, if any, which plan shall be accompanied and supported by necessary drainage area data and calculations.

B. The Director may approve or conditionally approve a permit upon the Director's determination that the connection will not cause damage to the City's storm drain system or blockage of a watercourse.

C. An applicant for a permit may appeal a decision of the Director in accordance with the provisions of Section 1.30.050 of this Code. This subsection does not apply to a permit that is issued pursuant to Title 22, 27, 28, or 30.

(Ord. 5910, 2019)

The City in issuing or waiving the permit under Section 14.56.050 shall in no way assume responsibility or liability for the plan, installation or performance of any drainage facility installed by the permittee.

(Ord. 5910, 2019)

The Director may issue and maintain on file in the Department standard specifications and materials criteria for installations in watercourses. All installations must be constructed and maintained in accordance with the standard specifications and materials specifications in effect at the time the permit for the installation is issued.

(Ord. 5910, 2019)

The provisions of this chapter may be enforced pursuant to Chapters 1.25 and 1.28 of this Code. The Director may designate employees charged with responsibility for enforcement of this chapter. Employees of the Creeks Division of the Parks and Recreation Department, as designated by the Parks and Recreation Director are authorized to enforce the provisions of Sections 14.56.020 and 14.56.030.

(Ord. 5910, 2019)