Note: Prior ordinance history: Ord. Nos. 1992CCS and 2317CCS.
The City Council finds and declares:
(a) 
Runoff flows from individual properties onto streets and alleys, then through storm drains to the beaches. It is therefore in the public interest to ensure that both public and private drainage systems are properly maintained in order to facilitate the proper functioning of the City's Municipal Separate Storm Sewer System, and to prevent pollutants from entering the Santa Monica Bay.
(b) 
The number of beach closures and postings in the State due to ocean pollution continue at unacceptable levels, especially in Southern California. Runoff is the single largest source of this ocean pollution, and consequently, is a substantial threat in the State to public health and water quality.
(c) 
The City is a co-permittee under the permit for Municipal Separate Storm Sewer System ("MS4") discharges. The City is obligated to comply with the Permit, including the implementation of a Watershed Management Plan or equivalent, which requires Best Management Practices ("BMPs") for all construction activity, good housekeeping practices, and post-construction BMPs for development projects.
(d) 
In order to reduce runoff pollution and volume from private and publicly-owned properties planned for development, a Citywide program is required to ensure that development or construction projects incorporate design elements such as construction and post-construction BMPs and Low Impact Development ("LID") strategies, and that existing properties adopt good housekeeping practices.
(e) 
Southern California experiences cycles of drought, which can lead to dramatic water shortages. Climate change predictions and the potential for future cyclical and prolonged periods of drought signal to local governments that it is prudent to develop and implement strategies for sustainable uses of non-potable local water supplies, such as rainwater, impaired groundwater, stormwater, dry weather runoff, and recycled water, in place of more valuable potable water, which is often imported from distant watersheds at significant energy and environmental costs.
(f) 
To promote water sustainability, self-sufficiency and resiliency solutions and the use of local non-potable water supplies, the City strongly encourages the use of dry weather runoff, rainwater and stormwater harvested by various BMPs and infrastructure designed to collect, treat, and store runoff for beneficial uses.
(g) 
It is in the best interest of the City to establish guidelines to control and sustainably manage the quality and quantity of runoff within the City.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
The purpose of this Chapter is to implement certain requirements of the permit regarding municipal runoff. It is also the intent of this Chapter to permanently modify the behavioral and structural causes of runoff by identifying areas susceptible to runoff, and by controlling and reducing runoff volume from all existing properties and from future parcel developments. The goal is to maximize on-site storage of runoff and use of rainwater and stormwater through a hierarchy of construction and post-construction BMP strategies.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
The following words and phrases shall have the following meanings when used in this Chapter:
Best management practices ("BMPs").
Non-structural strategies and structural devices, whether temporary or permanent, that reduce the pollution and volume of runoff. These BMPs include, but are not limited to, good housekeeping requirements ("GHR"), construction BMPs, post-construction BMPs, full capture trash BMPs, source control BMPs, structural BMPs, and treatment control BMPs.
Bio-filtration.
A physical process that reduces pollutant-laden rainwater, stormwater and dry weather runoff discharges by sending water on or over a vegetative surface, and through filtration, infiltration and/or evapotranspiration (e.g., bio-retention system, or bio-swale). Generally, this process is a flow-through with minimal volume reduction when incorporated into a BMP.
Bio-retention.
A LID physical process that reduces rainwater, stormwater and dry weather runoff pollutant discharges by intercepting runoff in a vegetative area, and through infiltration and/or evapotranspiration. A bio-retention BMP may be designed for on-site retention with an overflow drain, but shall not include an underdrain.
Bio-swale.
A LID BMP structure consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bio-swales are designed to achieve uniform sheet flow and collect rainwater or stormwater for infiltration and/or evapotranspiration.
Board.
The Los Angeles Regional Water Quality Control Board.
Conditionally exempt essential non-stormwater discharges.
Certain categories of discharges that are not entirely composed of stormwater and are allowed by the Board to discharge to the MS4, if in compliance with all specified requirements; are not otherwise regulated by an individual or general NPDES permit; and are essential public services that are directly or indirectly required by other State or Federal statute and/or regulation. These include discharges from drinking water supplier distribution systems and discharges from essential non-emergency fire fighting activities provided appropriate BMPs are implemented.
Conditionally exempt non-stormwater discharges.
Certain categories of discharges that are not composed entirely of stormwater and that are either not sources of pollutants or may contain only minimal amounts of pollutants and when in compliance with specified BMPs do not result in significant environmental effects. These include conditionally exempt essential non-stormwater discharges, dewatering of lakes; dechlorinated/debrominated swimming pool/spa discharges, where not otherwise regulated by NPDES permit; dewatering of decorative fountains; non-commercial car washing by residents or by non-profit organizations; and street/sidewalk wash water.
Construction activity.
Construction or demolition activity, clearing, grubbing, or excavation or any other activity that may result in land disturbance.
Dechlorinated/debrominated swimming pool discharge.
Swimming pool or water feature discharges which have no measurable chlorine or bromine and do not contain any detergents, wastes, algaecides, or any other chemicals including salts from pools commonly referred to as "salt water pools" in excess of applicable water quality objectives identified in the Permit.
Demolition.
As defined by SMMC 9.25.030 or any successor thereto.
Design storm event.
A 0.75-inch twenty-four-hour storm event.
Development.
Any of the following, if the cumulative scope over any thirty-six-month period:
(1) 
Creates a new structure with an exterior footprint of five hundred square feet or more, as measured by the outside of the exterior walls;
(2) 
Adds or replaces fifty percent or more of the total square footage of an existing structure with an exterior footprint of five hundred square feet or more, as measured by the outside of the exterior walls;
(3) 
Adds or replaces at least five thousand square feet of impermeable surfaces (not including the water surface area of pools, fountains, walkways, or strips of concrete less than six feet wide that drain to permeable areas); or
(4) 
Is located in or within two hundred feet of an environmentally sensitive area.
Director.
The Director of Public Works or duly authorized representative.
Discharge.
When used without qualification, release of a pollutant or runoff into the Municipal Separate Storm Sewer System.
Dry weather runoff.
Runoff generated from sources other than direct precipitation.
Environmentally sensitive area (ESA).
Area designated by the Board requiring special protection because of its landscape, wildlife or historical value.
Erosion and sediment control plan.
Where soil would be disturbed as part of a construction project, a narrative describing specific structural and non-structural Best Management Practices to keep eroded soil on a construction site, so that it does not wash and blow off, and cause water pollution to receiving waters.
Flow-through treatment BMPs.
Treatment BMPs which include modular, vault-type "high-efficiency or flow bio-treatment" devices contained within an impervious vault with an underdrain, or designed with an impervious liner and an underdrain.
Full capture trash BMP.
A structural device or series of devices designed to trap all particles five millimeters or larger in size and having a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour storm in the sub-drainage area as determined by the Director. Such a system is considered a post-construction BMP and treatment control BMP.
Good housekeeping requirements ("GHR").
Runoff pollution control practices applicable to all premises, which have been demonstrated to significantly reduce and control runoff, such as source and treatment control BMPs.
Green infrastructure.
A term used to describe an array of products, technologies, and practices that use natural systems, or engineered systems that mimic natural processes, to enhance overall environmental quality and provide utility of services. As a general principle, green infrastructure techniques use soils and vegetation to infiltrate, evapotranspirate, and/or use runoff. When used as components of a stormwater management system, green infrastructure practices such as green roofs, porous pavement, rain gardens, and vegetated swales can produce a variety of environmental benefits. In addition to effectively retaining and infiltrating rainfall, these technologies can simultaneously help filter air pollutants, reduce energy demands, mitigate urban heat islands, and sequester carbon while also providing communities with aesthetic and natural resource benefits.
Green roof.
A LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Green roofs may be designed as either a bio-retention BMP or a bio-filtration BMP. To be considered a bio-retention BMP, the green roof system planting shall be of sufficient depth to provide capacity within the soil (planting medium) pore space to contain the design storm event volume and shall not be constructed with an underdrain.
Green transportation infrastructure.
Streets, roads and alleys that have post-construction BMPs to harvest runoff for storage and on-site use, including green streets and green alleys.
Hierarchy of BMPs.
A list of acceptable post-construction BMP categories for LID that identifies and ranks the most sustainable to least sustainable strategies to collect rainwater and stormwater, and reduce runoff pollutants and associated adverse impacts in compliance with this Chapter. This list shall be maintained and revised periodically by the City's Office of Sustainability and the Environment ("OSE").
Infiltration BMPs.
A LID BMP that reduces runoff by collecting and infiltrating the runoff into in-situ soils, or amended on-site soils. Examples include pervious pavement, bio-retention landscapes, infiltration basins, or dry wells.
Low impact development ("LID").
LID is a comprehensive watershed, rainwater and stormwater management, land planning and engineering design approach which utilizes retention BMPs with a goal of conservation, and the use of on-site natural features and storage structures to retain, infiltrate, store, or filter collected rain.
Municipal separate storm sewer system ("MS4").
A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, separate from a sanitary sewer, that conveys runoff from individual parcels and public rights-of-way to storm drains, treatment facilities and/or receiving waters.
Non-stormwater discharges.
Discharges through an MS4 that do not originate from precipitation events.
Parking lot.
Land area or facility for the parking or storage of vehicles used for businesses, commerce, industry, or personal use, with a lot size surface area of five thousand square feet or more, or with twenty-five or more parking spaces.
Person.
Any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
Pollutant(s).
Those pollutants defined in CWA Section 502(6) (33.U.S.C. Section 1362(6), and incorporated by reference into the California Water Code.
Post-construction BMP.
A permanent, structural BMP that remains on a parcel after the completion of a development project to comply with runoff mitigation requirements.
Premises.
Any building, lot, parcel, land or portion of land, whether improved or unimproved.
Property owner.
The record owner of real property based on the County Assessor's records.
Public nuisance.
Public nuisance has the same meaning as Santa Monica Municipal Code Section 8.96.050.
Rainwater.
Precipitation that falls onto and flows across a surface within a distinct parcel or property boundary and is available for collecting for beneficial use.
Rainwater harvesting.
A LID measure designed to collect rainfall for temporary storage and on-site use for approved non-potable and potable uses
Responsible person.
A person who a Director determines is responsible for causing or maintaining a public nuisance or a violation of the Municipal Code or applicable State codes. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property.
Runoff.
The portion of precipitation, snowmelt, or dry weather flow that does not naturally percolate into the ground or evaporate or is collected and used, but runs off the land into streams or other surface water. It can carry pollutants from the air and land into the receiving waters. For the purposes of this Chapter, runoff is discharge from an individual parcel, e.g., dry weather runoff or stormwater that flows into the public right-of-way or MS4.
Runoff mitigation plan.
A plan that shall be submitted and approved in connection with any project that is subject to Section 7.10.090.
Runoff pollution.
Runoff that picks up and carries pollutants, depositing them into lakes, rivers, wetlands, coastal waters and groundwater. Pollutants commonly found in runoff include, but are not limited to, suspended or dissolved contaminants, including, but not limited to, sediments, heavy metals, organic chemicals, nutrients, oil and grease, plastic or rubber pellets, trash and micro-organisms deleterious to human health or the environment.
Runoff reduction fee.
A one-time fee paid to the City by the applicant pursuant to Section 7.10.090(t) in lieu of a post-construction BMP to comply with this Chapter.
Source control BMP.
Any schedule(s) of activity, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent pollution by reducing the potential for contamination at the source of pollution.
Storm event.
An atmospheric disturbance that is expected to result in precipitation.
Stormwater discharges.
Discharges that originate from precipitation events, including rainwater, snow melt runoff, and surface runoff and drainage.
Stormwater quality design volume (SWQDv).
The water volume generated by a 0.75-inch twenty-four-hour storm event. Such volume shall not include cumulative storm events that occur within seventy-two hours of each other.
Structural BMP.
Any temporary or permanent structural facility or device designed and constructed to mitigate the adverse impacts of rainwater, stormwater and dry weather runoff pollution. The category may include both treatment control BMPs and source control BMPs.
Treatment control BMP.
Any engineered system or device designed to remove pollutants by gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process, such as structural BMPs.
Unit cost.
Monetary amount established by a resolution of the City Council based on the average cost per gallon of runoff for the City to construct post-construction BMPs on City properties during a five-year period prior to the adoption of the resolution. This cost shall be an equivalent option under the hierarchy of BMPs. A list of the most current unit cost shall be maintained by the City's Department of Public Works.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
(a) 
Except as otherwise provided in Section 7.10.050, it is unlawful for any person to discharge or cause a non-stormwater discharge to the MS4.
(b) 
It is unlawful for any person to discharge or cause, either individually or jointly, a discharge into or from the MS4 that results in or contributes to a violation of the permit.
(c) 
It is unlawful for any person to discharge or cause a discharge that results in or contributes to a condition of public nuisance.
(d) 
It is unlawful for any person to connect to the MS4 without the prior written consent of the Director.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
The following non-stormwater discharges are allowed subject to the prior written approval of the Director:
(a) 
Conditionally exempt non-stormwater discharges;
(b) 
Discharges separately regulated by an individual or general NPDES permit;
(c) 
Authorized discharges from emergency fire-fighting activities; and
(d) 
Natural flows, including: natural springs, flows from riparian habitats and wetlands; diverted stream flows authorized by the Board; uncontaminated groundwater infiltration; rising groundwaters, where not otherwise covered by an NPDES permit. BMPs shall be used to ensure that the above discharges avoid potential sources of pollutants in the flow path to prevent the introduction of pollutants prior to discharge to the MS4.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
Any person desiring to discharge or cause a conditionally allowed non-stormwater discharge under Section 7.10.050 shall notify and obtain the prior written approval of the Director at least seventy-two hours in advance of the discharge, except that discharges resulting from emergency fire-fighting activities shall require notice as soon as needed to address the emergency. The Director may require, as a condition to discharge, implementation of BMPs, monitoring of the discharge, and documentation, including: the name of the discharger, date and time of discharge, method of discharge, discharge pathway, receiving water, duration of discharge, discharge flow rate, volume, BMPs, monitoring data. Records shall be made available upon request of the Director.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
(a) 
Discharges from Dechlorinated/Debrominated Swimming Pools and Spas and Decorative Fountains. Drainage from swimming pools, hot tubs, fountains and water features shall be drained to on-site permeable surfaces, post-construction BMP, or to the on-site sanitary sewer connection. Draining to the off-site sanitary sewer or to the MS4 shall only be permitted if on-site drainage is determined by the Director to be either infeasible or unsafe. Approval by, and a twenty-four-hour advance notification to, the City's Water Resources Protection Program ("WRPP") is required prior to drainage. Discharge shall be done in a manner that does not create ponding or result in uncontained flow across or into the public right-of-way. The WRPP may require a City approved traffic control plan as a condition to approval. If the WRPP determines that City monitoring is required to ensure compliance with this Section, the responsible person shall pay the City's reasonable direct costs as a condition to approval by the WRPP. All discharges shall be dechlorinated and/or debrominated prior to draining to the MS4 or City sewer system. Swimming pool water must be dechlorinated or debrominated using holding time, aeration, and/or sodium thiosulfate. Chlorine residual in the discharge shall not exceed 0.1 mg/L. Swimming pool discharges are to be pH adjusted, if necessary, and be within the range of 6.5 and 8.5 standard units.
Discharges containing filter back wash, salts (e.g., from "saltwater" pools), detergents, wastes, copper-based algaecides, or any chemicals in excess of applicable receiving water quality standards, shall only be discharged to the sanitary sewer.
(b) 
Discharges from Building Fire Suppression Systems. Discharges from building fire suppression systems maintenance or testing require a minimum twenty-four-hour advance notice to the WRPP. As a first option, such discharges shall be directed to an on-site sanitary sewer connection. As a second option, discharges to the MS4 shall only be approved if it can be demonstrated that there are no other feasible options for the discharge and that sufficient BMPs are in place to control the flow and direction of the discharge. Any such discharge shall not create a safety issue or public nuisance by ponding in the public right-of-way or by flowing uncontained across sidewalks or down alleys. Draining to a City manhole may require a City-approved traffic control plan. If the WRPP determines staff are required to observe in order to ensure compliance with this section, these costs shall be paid by the property owner or responsible person designate by the property owner.
(c) 
Non-Commercial Car Washing. BMPs shall be implemented to ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4.
The amount of water use shall be minimized by employing water conservation practices such as turning off nozzles or kinking the hose when not spraying a car, and causing a low volume pressure washer. Biodegradable, phosphate free detergents and non-toxic cleaning products shall be used. Where possible, cars shall be washed on a permeable surface where wash water can percolate into the ground. Soapy water shall be directed into the sanitary sewer system.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
The following good housekeeping requirements shall be adhered to by all persons and shall apply to all premises, whether publicly or privately owned:
(a) 
BMP Implementation. BMPs shall be properly operated and maintained. Any person owning and/or operating a BMP shall maintain documentation evidencing its proper operation and maintenance, and shall submit such documentation upon the request of the Director.
(b) 
Trash Containment. Any person undertaking any activity or use of a premises that may cause or contribute to stormwater pollution or contamination, illicit discharges, or non-stormwater discharges to the MS4 shall ensure that outdoor containers and trash receptacles are covered, leak-free and protected. Without limiting the generality of the foregoing, trash receptacles shall have solid covers and shall be closed at all times other than during trash disposal to prevent the entry of rain and animals, and the generation of fugitive trash or debris by runoff, wind or animal activity.
(c) 
Rubber Pellets. Facilities which handle, store or utilize plastic or rubber pellets shall have in place appropriate measures to prevent any discharge of plastic or rubber pellets to the MS4.
(d) 
Maintenance of Equipment. Any persons repairing or maintaining machinery or equipment in an uncovered outdoor private area without any containment mechanism for spills and leaks shall perform such work on a pad of absorbent material for containment, which, after use, shall be disposed of in accordance local and state disposal requirements.
(e) 
Removal of Trash and Debris. Any responsible person owning, using, or maintaining a premises shall maintain such premises free of trash and debris, unless properly stored in covered and leak-free containers.
(f) 
Pressure Washing/Sidewalk Rinsing. Pressure washing of sidewalks, pedestrian walkways, paved areas, sides of buildings, or other hard surfaces shall not exceed 0.006 gallons per square foot.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
In order to minimize potential adverse impacts to receiving waters, the following runoff reduction, and LID and Green Infrastructure requirements shall apply to all persons submitting building applications for development projects within the City:
(a) 
At the time of submittal of a building application, an applicant shall be required to submit a Runoff Mitigation Plan to the Department of Public Works.
(b) 
The Runoff Mitigation Plan shall demonstrate that the applicant will be able to store and use for non-potable and/or potable purposes, infiltrate, or evapotranspire the calculated SWQDv through incorporation of LID design element(s) and Green Infrastructure specified in subsection (f) of this Section, or alternatively, pay a Runoff Reduction Fee unless payment of such a fee is precluded by subsection (v) of this Section.
(c) 
When the SWQDv strategy is a storage tank system, e.g., rain barrels or cistern, for on-site direct use: (1) the maximum storage volume for a non-pressurized system is two hundred twenty gallons, unless a larger amount is approved by the Director. The balance of the SWQDv, if required, shall be used in accordance with subsection (b); (2) all overflow shall be directed to a permeable surface, or through an underground perforated drain line (aka a "French drain"), or directly to the MS4.
(d) 
For any development requiring runoff mitigation volume on a premises equal to or greater than fifteen thousand square feet, the Runoff Mitigation Plan shall demonstrate that the applicant will store and use one hundred percent of the SWQDv generated from that development, and such collected rainwater shall be used directly, on-site and/or off-site, for allowed non-potable applications, replacing municipal potable water. Should the on-site collected rainwater requirement exceed the planned project non-potable water budget, the collected rainwater shall be reduced to provide one hundred percent of planned non-potable uses. This requirement shall not be subject to the Runoff Reduction Fee unless a determination is made by the Director based on a determination of geo-technical or functional infeasibility constraint. If this collected rainwater for on-site use to comply with the SWQDv is more than the annual building non-potable water demand, then the excess collected rainwater shall be used in accordance with subsection (b). This subsection (d) shall only apply to all development for which an application was deemed complete and pending on or after the effective date of the ordinance codifying this subsection.
(e) 
An applicant may satisfy this requirement off-site in accordance with the City's Runoff Off-Site Treatment Guidelines, only if the applicant demonstrates that one hundred percent of the on-site retention of the calculated SWQDv is technically infeasible because the project is located:
(1) 
Where seasonal high groundwater is within ten feet of surface grade immediately adjacent to the property line;
(2) 
Within one hundred feet of a groundwater well used for drinking water;
(3) 
At a brownfield development site or other location subject to regulatory oversight and/or where pollutant mobilization is a documented concern;
(4) 
Within potential geotechnical hazards; or
(5) 
On a site with impermeable soil type as indicated in applicable soils and geotechnical reports (i.e., saturated in-situ soils infiltration rate of less than 0.3 inch per hour, and where it is technically infeasible to amend on-site soils or dig through such soil to more permeable soil to attain reliable performance of infiltration or bio-retention BMPs).
(f) 
The LID design elements utilized by an applicant may, but are not required to, include the following so long as the calculated SWQDv is addressed by a post-construction BMP:
(1) 
Direct rainwater or runoff to rainwater or stormwater harvesting systems (rain barrels or cisterns) for non-potable uses;
(2) 
Use pervious areas with LID strategies to allow for rainwater or stormwater management or temporary storage for more infiltration of water into the ground through such means as:
(A) 
Bio-retention/bio-infiltration,
(B) 
Green roofs, green strips, green transportation infrastructure, including parkways and medians. The use of landscaped BMPs to mitigate rainwater or runoff from impervious areas must include the appropriate storage volume for the calculated mitigation volume storage/retention capacity,
(C) 
Bio-swales,
(D) 
Landscapes (e.g., bio-infiltration). The use of landscapes to mitigate rainwater or runoff from impervious areas must include the appropriate mitigation volume storage/retention capacity,
(E) 
Pervious paving materials, such as, but not limited to, pervious concrete and porous asphalt, pervious concrete and plastic modular and interlocking paving materials, and equivalent materials. The use of this BMP to mitigate runoff from impervious areas shall include the appropriate mitigation volume storage/retention capacity;
(3) 
Direct rainwater or runoff to permeable areas for infiltration through LID strategies. The use of pervious areas to mitigate rainwater or runoff from impervious areas shall include the appropriate SWQDv storage/retention capacity:
(A) 
Orient roof rainwater and direct downspouts towards pervious surfaces, infiltration pits (drywells), French drains, or other structural BMPs rather than directly to impervious surfaces, such as driveways and parking lots (unless permeable and with the required storage capacity), so that water is used beneficially and sustainably instead of flowing off-site to the MS4,
(B) 
Grade the parcel to divert flow to pervious areas,
(C) 
Use retention structures or terrain (e.g., terraces, curbs or berms) to slow rainwater or runoff and retain it on-site,
(D) 
Remove or design curbs, and berms to direct water from impervious surfaces (e.g., parking lots, unless pervious) to drain to pervious or landscaped areas,
(E) 
For structures without roof gutters and downspouts, all runoff must fall onto or drain directly or indirectly to pervious areas having proper grading and storage/retention volume for the required mitigation volume, and pose no threat to structural integrity or adjacent structures,
(F) 
Impervious surface parking lots (with no sub-surface parking) shall have rainwater directed to pervious areas, temporary storage or infiltrating areas, including sunken planters and/or other LID retention or infiltration BMPs. Where surface BMPs mitigate rainwater from impervious areas, they shall include the appropriate storage/retention mitigation volume.
(g) 
For purposes of compliance with this Section, excluding any impervious deck areas, the surface area of uncovered pools, hot tubs, spas, fountains and water features shall be considered one hundred percent permeable.
(h) 
The Runoff Mitigation Plan shall also include the applicant's plan for the maintenance of all routine monitoring and maintenance of all BMPs. At a minimum, BMPs shall be monitored and maintained on an annual basis, or more frequently if required by manufacturer specifications, or site conditions as determined by the City. Records of required monitoring and maintenance shall be retained for a period of three years from the date of such activities, and shall be made immediately available upon request of the City.
(i) 
All Runoff Mitigation Plans shall include the applicant's signed agreement to accept responsibility for all on-site point sources and structural and/or treatment control BMP maintenance.
(j) 
In addition to the design standards required in subsection (f), the following design strategies established in this subsection (j) shall be required for all development projects, except single-family residences:
(1) 
Unless approved by the Director, runoff shall not be allowed to come into contact with the following areas:
(A) 
Loading and unloading dock areas;
(B) 
Vehicle repair areas or maintenance bays;
(C) 
Vehicle or equipment wash areas; and/or
(D) 
Fueling areas.
(2) 
Where development projects will include outdoor areas for the storage of material that may contribute pollutants to the stormwater conveyance system, these materials shall be:
(A) 
Placed in a covered area or enclosure, such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with precipitation, rainwater or runoff; or
(B) 
Protected by secondary containment structures such as berms, dikes, or curbs, which prevent spillage infiltration or runoff to the MS4.
(3) 
The outdoor storage area for materials subject to subdivision (2) of this subsection (j) shall be:
(A) 
Paved and sufficiently impervious to contain leaks and spills;
(B) 
Covered with a roof or awning to prevent collection of rainwater within the secondary containment area, unless demonstrated to the satisfaction of the City to be unsafe or infeasible.
(4) 
In addition to the requirements of Section 9.21.130, the area where a trash receptacle or receptacles are located for use as a repository for wastes must meet the following structural or treatment control BMP requirements:
(A) 
Drainage from directly adjoining roofs and pavement must be diverted away from the subject trash storage area(s);
(B) 
Site conditions that may generate fugitive trash by runoff, wind or animal activity are prohibited. This requirement shall also apply to projects that add or alter a refuse or recycling storage area. In the event the City finds repeated violations, e.g., one notice of violation over the last twelve months, of trash or other debris overflowing from an open or uncovered trash receptacle, or from a refuse or recycling storage area, has entered the public right-of-way or storm drain system, the City may require the parcel owner to berm, wall, cover with roof, or curb these uncovered trash receptacle, refuse or recycling areas with a drain connected to the sanitary sewer in order to minimize the collection of water or pollutants entering the stormwater collection system.
(k) 
The City shall maintain a map designating areas of the City where it has been determined that certain types of post-construction BMPs, or such BMPs in general, are not appropriate. In those designated areas the City can, at its sole discretion, elect to require alternative harvest and use post-construction BMPs, or require the project proponent to pay a one-time Runoff Reduction Fee pursuant to subsection (t) of this Section in lieu of implementing post-construction BMPs to comply with this Chapter.
(l) 
Any municipal street, road and alley project of five hundred thousand dollars or more of estimated construction costs, excluding utility projects and repaving projects of existing roads, shall implement green transportation infrastructure post-construction BMPs.
(m) 
Any construction project adding downspouts, gutters and subsurface pipes directing rainwater, stormwater or other runoff through the curb face shall have a French drain system of perforated pipe and a minimum cross sectional area of twelve inches by twelve inches of gravel unless site-specific circumstances preclude this possibility as determined by the Director. These requirements shall apply to all projects.
(n) 
Any additional requirements imposed upon the City by the U.S. EPA, the Board, another State agency or the most current NPDES permit and/or TMDL(s) shall apply.
(o) 
The Director will evaluate each Runoff Mitigation Plan to ascertain if the proposed plan meets the standards set forth in subsections (b), (c) and (d) of this Section. Each plan shall be evaluated on its own merits according to the particular characteristics of the project and the parcel to be developed.
(p) 
The Director shall approve or disapprove the plan. Any plan disapproved must be revised by the developer and resubmitted for further review and approval.
(q) 
No City building permit shall be issued for any project requiring a Runoff Mitigation Plan until such Plan has been approved by the Department of Public Works.
(r) 
Post-construction BMPs installed on any premises shall be annually inspected and maintained. The property owner of any Post-Construction BMP approved for the premises shall submit an annual compliance report on a form approved by the Director, certifying that the annual inspection and maintenance has been performed and the post-construction BMP system is functioning properly as designed and approved. In the event that use of the post-construction BMP is terminated for any reason, responsible person shall either repair or replace the post-construction BMP with a post-construction BMP approved by the Director or, alternatively, pay a one-time Runoff Reduction Fee pursuant to subsection (t) of this Section.
(s) 
The transfer of property, or project subject to a Runoff Mitigation Plan, shall include as a written condition to the transfer that the transferee (new owner) assumes full responsibility for maintenance of any point source and structural, and/or source or treatment control BMPs located on-site or pertaining to the project as set forth in subsection (r) of this Section.
The owner or the selling agent of any real property or project that has a post-construction BMP(s) in any real property transaction, shall provide the buyer of the real property with written notice informing the buyer of the post-construction BMP(s), including its location, maintenance requirements, and any other relevant information necessary for the buyer to properly maintain the BMPs. The owner or the selling agent shall provide the written notice to the buyer and the City's Office of Sustainability and the Environment (OSE) as soon as practicable before transfer of title. The buyer shall execute an acknowledgement therefor as furnished by the City and said acknowledgement shall be delivered to the City's OSE as evidence of compliance with the provisions of this Chapter. The buyer shall acknowledge that the buyer assumes full responsibility for maintenance of any and all post-construction BMPs. If any disclosure required to be made by this subsection (s) of this Section is delivered after the execution of an offer to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the U.S. mail to terminate his or her offer by delivery of a written notice of termination to the owner or selling agent. Any person who violates the provisions of this Chapter shall be subject to the penalties and remedies specified in Chapter 1.08. In addition, a buyer who does not receive the written notice required by this subsection (s) may bring a civil action for damages.
(t) 
Except as provided in subsection (v) of this Section, an applicant may pay a Runoff Reduction Fee in accordance with the following formula:
SWQDV (cubic feet) x 7.49 (gallons/cubic foot) x Unit Cost (dollars/gallon)
The applicant may also provide a combination of URM implementations and fees that combine to satisfy the SWQDV requirement of the project.
(u) 
For purposes of this Section, the unit cost shall be established by resolution of the City Council based on the average cost per gallon of water for the City to construct post-construction BMPs on City properties during a five-year period prior to the adoption of the resolution. Commencing on July 1, 2011 and on July 1st of each fiscal year thereafter, the Runoff Reduction Fee shall be adjusted based on changes in construction costs. The Runoff Reduction Fee shall be used exclusively to construct LID Post-Construction BMPs designed to achieve at least the same level of water quality protection and required SWQDv as if all of the rainwater was retained on-site and to implement the strategies of the Five-Year Low Impact Development Plan in support of the City's Watershed Management Plan.
(v) 
An applicant shall not be authorized to pay a Runoff Reduction Fee for the eleven specified land use categories found in the Permit's Standard Urban Stormwater Mitigation Plan ("SUSMP"), but instead must install LID Post-Construction BMPs unless the applicant demonstrates to the Director the infeasibility of implementing these requirements. Recognized circumstances demonstrating infeasibility shall be: (1) the infiltration rate of saturated in-situ soils is less than 0.3 inch per hour, and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bio-retention BMPs in retaining the SWQDv on-site; (2) locations where seasonal high groundwater is within five to ten feet of the surface; (3) locations within one hundred feet of a groundwater well used for drinking water; (4) brownfield development sites where infiltration poses a risk of causing pollutant mobilization; (5) other locations where pollutant mobilization is a documented concern; (6) locations with potential geotechnical hazards; or (7) smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.
(w) 
An applicant and any successor in interest shall comply with the Runoff Mitigation Plan, including installation of any required BMP and its maintenance.
(x) 
Any structural or treatment control BMP used for rainwater or stormwater mitigation must include a full capture trash system.
(y) 
The City shall maintain a list of commonly-used post-construction BMPs, a list of manufacturers and products, and resources and reference technical materials, which may be updated periodically by OSE. Post-construction BMPs not found in these lists may be authorized by the City if the applicant submits proposed data which documents the BMP effectiveness for its designed purpose. To be considered for use by the City, the proposed BMP effectiveness must be equal to or more effective than the BMP on the City lists.
(z) 
On-site post-construction BMPs for such areas exposed to direct precipitation (including ramp drains) shall fully capture trash and hydrocarbons entrained in runoff. Post-construction BMPs shall at all times be maintained in good order, and at the owner or operator's sole expense.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
The following BMPs shall apply to all construction activity in the City unless otherwise specified. These requirements shall apply at the commencement of demolition of an existing structure and/or commencement of construction and until issuance of a certificate of occupancy.
(a) 
A copy of any Stormwater Pollution Prevention Plan (SWPPP) required to be submitted to the Board shall be submitted concurrently to the City's Water Resources Protection Programs Office.
(b) 
A copy of any Erosion and Sediment Control Plan (ESCP) required to be submitted by the City shall be submitted to the City's Building Official during the plan check process.
(c) 
Any sediment or other materials that are tracked off the project or parcel by vehicles or equipment shall be removed the same day. Where determined to be necessary by the Director, a temporary sediment control BMP(s) shall be installed.
(d) 
For any paint removal, paint preparation, pressure-washing or sandblasting activities that will result in particles entering the air or landing on the ground, BMP steps shall be implemented to prevent or minimize to the maximum extent practicable such particle releases into the environment. Discharge of wastes from such activities to the MS4 is prohibited.
(e) 
Plastic covering or equivalent shall be utilized to prevent erosion of an otherwise unprotected area (e.g., stockpiles or materials stored adjacent to the public right-of-way), along with treatment control BMPs to intercept and safely convey the runoff to the MS4.
(f) 
Erosion drainage controls shall be utilized depending on the extent of proposed grading and topography of the parcel to prevent runoff, including, but not limited to, the following:
(1) 
Detention ponds, sediment ponds or infiltration pits;
(2) 
Dikes, sand bags, silt fences, straw wattle (filter berms) or ditches; or
(3) 
Down drains, chutes or flumes.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
(a) 
Criminal Penalty. Any person who is convicted of violating this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(b) 
Civil Action. Any person, including the City, may enforce the provisions of this Chapter by means of a civil action.
(c) 
Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d) 
Other Penalties. Any person who violates or aids or incites another person to violate the provisions of this Chapter is liable for each and every such offense for the actual damages suffered by any aggrieved party, for statutory damages, and for such attorneys' fees and costs as may be determined by the court in addition thereto. The court may also award punitive damages in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.
(e) 
Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this Chapter may be enjoined there from by any court of competent jurisdiction. Such an injunction may compel an employer to reinstate an employee, furnish back pay or forward pay, furnish lost benefits, or take any other action necessary to make an aggrieved employee whole. An action for injunction under this Chapter may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(f) 
Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)
If a determination is made by the Director that the public health and safety or the environment may be compromised through the release of contaminants or pollutants from a construction project or an existing parcel or as a result of development, the Director shall have the authority to require post-construction BMPs or additional construction BMPs besides those already required by this Chapter and/or by a Runoff Mitigation Plan.
(Added by Ord. No. 2546CCS § 1, adopted 5/23/17)