City of Temecula, CA Article V Control of Urban Runoff

§ 8.28.500 New developments, modifications to existing developments and one-acre threshold projects.

A. General Requirements. New development, modifications to existing developments, and one-acre threshold projects shall be designed to control pollutants in stormwater and urban runoff so as to prevent exceedances of water quality objectives, violations to designated beneficial uses or state policy with respect to maintaining high quality waters, or degradation of water quality such that a condition of pollution or contamination is created or aggravated. The city engineer shall approve the BMPs that may be implemented to prevent such deterioration and shall approve the manner of implementation. New development, modifications to existing development, and one-acre threshold projects shall comply with the following.

B. Construction Runoff Compliance. All individual grading and building projects with active grading or building permits shall implement erosion and sediment measures, including all other necessary pollution prevention controls, throughout the project, year-round. If the project meets or exceeds one acre of land disturbance, the project must also enroll under, and adhere to all of the requirements of, the latest version of the State Construction General Permit (CGP) to ensure that all pollutants throughout and from the site will be either eliminated or reduced to the maximum extent practicable, and will not cause or contribute to an exceedance of water quality objectives as described in the San Diego Regional Water Quality Control Board Basin Plan. All grading and building activities will be in compliance with the Construction, Grading and Encroachment Ordinance; the Engineering and Construction Manual; other applicable ordinances; federal, state, and local permits; and other applicable requirements.

C. Standard Stormwater Mitigation Plan (SSMP)/Water Quality Management Plan (WQMP) Required. New development, modifications to existing development, and one-acre threshold projects shall comply with the following:

1. A standard stormwater mitigation plan (SSMP), also known as the water quality management plan (WQMP), shall be required for:

a. All new development projects that create ten thousand square feet of impervious surface;

b. Modifications to existing developments (redevelopments) that create, add, or replace five thousand square feet of impervious surface;

c. New and redevelopment projects that create, add, or replace two thousand five hundred square feet of impervious surface and are located adjacent to, and discharging into, a natural drainage channel or other environmentally sensitive area;

d. Projects that disturb one acre of land (one-acre threshold projects), regardless of impervious surface coverage;

e. All other categories listed in the latest version of the city's NPDES MS4 permit.

2. Projects not requiring a SSMP/WQMP will be required to implement equivalent BMPs designated by the city according to conditions and requirements established by the city engineer.

3. A SSMP/WQMP shall be required if the city engineer determines that the development may result in the discharge of significant levels of a pollutant into any tributary to any storm drain system.

D. Contents of a SSMP/WQMP.

1. The BMPs identified in the SSMP/WQMP shall address low impact development (LID), hydromodification, source controls and treatment controls by implementing the following practices that include, but are not limited to:

a. Controlling pollutants and runoff velocities, volumes, durations, and peak flows from the postdevelopment conditions to pre-development conditions;

b. Conserving natural areas where feasible;

c. Constructing streets, sidewalks, or parking lot aisles to the minimum widths allowable, provided public safety is not compromised;

d. Minimizing the impervious footprint of the project;

e. Minimizing soil compaction to landscaped areas;

f. Minimizing disturbances to natural drainages;

g. Disconnecting impervious areas with pervious areas;

h. Identifying pollutants for which water bodies receiving the development's runoff are listed as impaired under the latest version of the CWA Section 303(d) list and all identifying pollutants associated with the land use of the development;

i. Correctly designing BMPs to effectively remove or treat the pollutants associated with the project and its nearest receiving water;

j. Creating buffer zones between the project and adjacent water bodies;

k. Preventing downstream erosion;

l. Including storm drain stenciling and signage;

m. Including properly designed outdoor material storage areas;

n. Including properly designed trash storage areas;

o. Including proof of a mechanism to ensure ongoing long-term BMP maintenance of all structural treatment BMPs and subsequent transfers of ownership;

p. Increasing permeable areas;

q. Implementing BMPs close to pollutant sources and prior to discharging into receiving waters;

r. Ensuring that post-development runoff does not contain pollutants which cause or contribute to an exceedance of water quality objectives, as outlined in the SDRWQCB basin plan, and has been reduced to the MEP;

s. Not constructing BMPs in receiving waters; and

t. Not using a receiving water as a BMP.

2. During the planning application submittal process for any new development, modifications to existing development, or land disturbance activities meeting the one-acre threshold, the permittee shall submit a SSMP/WQMP. The applicant shall obtain the city engineer's acceptance of a SSMP/WQMP prior to the issuance of a permit land use approval or, at the city's discretion, prior to recordation of a map. The public works department shall review all SSMP/WQMPs and impose terms, conditions and requirements on the project in accordance with the latest version of the city's NPDES MS4 permit and this chapter prior to the city's issuance of a permit, approval, or map.

3. New development and modifications to existing development shall implement and adhere to the terms, conditions and requirements of the approved SSMP/WQMP.

4. The city engineer may require that the SSMP/WQMP, or components within the SSMP/WQMP, be recorded with the county recorder's office. The signature of the property owner, or successor in interest, shall be sufficient for the recording of the plan or any revised plan. A signature on behalf of the city shall not be required for recordation.

E. Continuation of Terms, Conditions and Requirements for New Developments, Modifications to Existing Developments and One-Acre Threshold Projects. All terms, conditions and requirements which the planning and public works departments have initially imposed pursuant to this section for either a new development, modifications to an existing development, or a land disturbance activity meeting the one-acre threshold shall remain in effect upon the transfer of the property. Any owner of the property, or their successors, or assigns, shall be in violation of this chapter if they fail to implement and/or adhere to the terms, conditions and requirements imposed pursuant to this section.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2; Ord. 14-07 §§ 1, 2)

§ 8.28.510 Expiration of plans.

A. Approved plans for which no inspections have occurred shall expire one hundred eighty days following the date of submittal and may be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.

B. The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.

C. In order to renew action after the plans have expired pursuant to this chapter, the applicant shall resubmit the plans and pay the most current plan review fee.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)

§ 8.28.520 Existing development.

A. General Requirements. Existing development shall prevent pollutants from discharging into any private or public storm drain system, and shall control stormwater and urban runoff so as to prevent exceedances of water quality objectives, violations to designated beneficial uses or state policy with respect to maintaining high quality waters, or degradation of water quality such that a condition of pollution or contamination is created or aggravated. The city engineer shall identify the BMPs that shall be implemented to prevent such deterioration and shall identify the manner of implementation.

B. Industrial and Commercial Business Facilities and Activities. Each person in charge of day to day operations of an industrial or commercial business facility or activity in the city shall implement minimum BMPs as may be designated by the city engineer. For those facilities that are tributary to impaired water bodies, or are directly adjacent to, or discharging directly into, receiving waters, BMPs shall include additional BMPs as the city engineer may require.

C. Common Interest Areas, Homeowners' Associations, and Property Management Organizations. Each person who owns, operates, or is in charge of day to day activities of common interest areas on private property in the city shall ensure that runoff from within common interest areas, including private roads, drainage facilities, and other components of the storm drain system, meets the objectives of the latest version of the city's NPDES MS4 permit and this chapter.

D. Litter Control.

1. No person shall dump, dispose, or stockpile any waste material, including, but not limited to, common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including, but not limited to, any street, sidewalk, alley, right-of-way, open area or point of entry to the storm drain system, except in trash containers, or at a lawfully established waste disposal facility.

2. Any person who owns or occupies a property on which a prohibited disposal of waste materials occurs shall ensure that all such waste materials are properly collected and disposed of within a reasonable period of time.

3. Any person who either owns or occupies property and who fails to comply with the requirements of this chapter may be charged with creating a nuisance upon the property.

(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)