HomeMy WebLinkAboutStaff Report 3.C 06/20/20054
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ORDINANCE NO. 2210 N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Introduced by
3.D
June 20, 2005
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA, STATE OF CALIFORNIA,
AMENDING CHAPTER 17.31 OF THE PETALUMA MUNICIPAL CODE, THE GRADING AND
EROSION CONTROL ORDINANCE OF THE CITY OF PETALUMA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The Council finds that it is necessary and desirable to amend the Grading and
Erosion Control Ordinance of the City of Petaluma, codified as Chapter 17.31 of the Petaluma
Municipal Code, to bring it into conformance with the requirements of the City's National
Pollutant Discharge Elimination System (NPDES) permit.
Section 2. Section 17.31.020 of the Petaluma Municipal Code, entitled "Purpose," is
hereby amended to read as follows:
The purpose of this Chapter is as follows:
A. To regulate grading on public and private property in order to:
1. Control erosion;
2. Control sedimentation;
3. Protect water quality;
4. Reduce pollutants in storm water to the maximum extent
practicable:
5. Safeguard health, safety, and the public welfare;
To establish administrative procedures to carry out these regulations.
Section 3. Section 17.31.030 of the Petaluma Municipal Code, entitled "Definitions," is
hereby amended by adding new definitions thereto as follows:
B(11. "Best Monaaement Practices (BMPs)" means activities, prohibition of
practices. aeneral acod housekeeoina practices. oollution prevention and
educational practices. maintenance procedures. and other manoa_ ement
practices to orevent or reduce to the maximum extent oracticable the discharge
Ordinance No. 2210 N.C.S.
Page 1
of pollutants directly or indirectiv to waters of the United States. BMPs shall also be
defined to include structural controls. treatment controls, trainino requirements.
ooeratina procedures. and practices to control olant site runoff. soillaae or leaks._
sludge or waste disposal, and drainoae from raw materials storone.
PH). "NPDES General Construction Permit" means General Permit No.
CAS000002 issued by the State Water Resources Control Board and anv future
chances or amendments subseauent thereto. or anv other general permit issued
by the State Water Resources Control Board. Reaional Water Quality Control
Board. or U.S. Environmental Protection Aoencv that regulates discharges of
storm water and authorized non -storm water discharoes to surface waters
associated with construction activity including clearing. aradina. and excavation
that result in land disturbance of equal to or greater than once acre or is part of a
larger common clan.
P(21. "Notice Of Intent (NOII" means formal notification to the Regional Water
Qualitv Control Board or State Water Resources Control Board by the aoolicant
that a construction activity will occur in comoliance with the conditions of the
state's NPDES aeneral construction oermit.
P(31. "Notice Of Termination (NOTI" means formal notification to the Regional
Water Qualitv Control Board or State Water Resources Control Board by the
aoolicant that a construction activity is completed in order to terminate
coverage under the State's NPDES aeneral construction oermit.
Z(11. "Storm water Pollution Prevention Plan (SWPPP)" means clan reauired by
the state's NPDES general construction oermit for oroiects that will result in soil
disturbance of one acre or greater. The ouroose of a SWPPP is to identifv sources
of sediment and other oollutants that affect the auality of storm water discharoes
and to describe and ensure the implementation of BMPs to reduce or eliminate
sediment and other oollutants in storm water as well as non -storm watP_ r
discharoes.
Section 4. Section 17.31.040 of the Petaluma Municipal Code, entitled "Actions
prohibited," is hereby amended to read as follows:
It shall be unlawful for any person to:
A. Perform any work within the scope of this Chapter without first having
obtained a permit from the Public Works Department pursuant to this Chapter,
and/or, from the Building Inspection Department, where required by Chapter 70
of the Uniform Building Code.
B. To dischorae storm water or non -storm water to surface waters associated
with anv construction activity that is subiect to the state's NPDES general
construction oermit without first havina complied with the provisions contained in
the state's NPDES general construction oermit.
C. Grade in such a manner so as to:
Ordinance No. 2210 N.C.S. Page 2
I . Cause erosion or sedimentation on other property or on public
streets,
2. Obstruct or otherwise interfere with drainage, or deposit sediment
in natural or artificial drainage facilities, or
3. Construct or alter drainage facilities or alter drainage courses
without first obtaining a permit pursuant to Chapter 17.31.060.
Section 5. Section 17.31.130 of the Petaluma Municipal Code, entitled "Application for
permit," is hereby amended by adding new subsections I and J thereto as follows:
I. A coov of the submitted NOI for the site and Waste Dischara_ e
Identification number, if aoolicable. oer Section Pt l of 17.31.030.
J. A coov of the SWPPP conformino with the requirements of the state's
NPDES aeneral construction permit. if aoolicable. oer Section Pf i l of 17.31.030.
Section 6. Section 17.31.140 of the Petaluma Municipal Code, entitled "Review of
application," is hereby amended by adding new subsection F thereto as follows:
F. Whether the SWPPP complies with the requirements set forth in the state's
NPDES general construction permit.
Section 7. Section 17.31.160 of the Petaluma Municipal Code, entitled "Application
form," is hereby amended by adding new subsection R thereto as follows:
Waste Discharge Identification Number. if aoolicable.
Section 8. New Section 17.31.255, entitled "Construction requirements," is hereby added
to the Petaluma Municipal Code to read as follows:
In addition to onv adopted BMPs or other requirements for construction
oroiects adooted by the Citv. the followina requirements shall aooly to all
oroiects underaoino construction in the City. The requirements set forth below
shall cooly at the time of demolition of an existina structure or commencement of
construction and until the oroiect receives final occuoancv/clearance from the
City.
A. Sediment. construction waste and other pollutants from construction sites
and oarkina areas. includina runoff from eauioment at construction sites, shall be
retained on the site to the maximum extent practicable.
B. Anv sediment or other materials that are not retained on the site shall be
removed the some day as the oroiects are completed. Where determined
necessary by the Citv Engineer, a temoorary sediment barrier shall be installed.
C. Excavated soil shall be located on the site in a manner that minimizes the
amount of sediments runnina into the street or adioinina properties. Soil piles shall
be covered until the soil is either used or removed.
Ordinance No. 2210 N.C.S. Page 3
D. No washina of construction or other industrial commercial vehicles shall
be allowed on a construction site or orooerty adiocent to a construction site.
E. Drainaae controls shall be utilized as needed. deoendino on the extent of
the or000sed oradina and t0000raohv of the site. includina. but not limited to.
the followina: detention bonds. sediment ponds. infiltration nits. dikes. filter berms,
ditches, down drains, chutes. or flumes.
Section 9. Section 17.31.300 of the Petaluma Municipal Code, entitled "Completion of
work," is hereby amended by adding new subsection E thereto as follows:
E. A coov of the submitted NOT for the site uoon completion of the
oroiect. oer Section PI11 of 17.31.030.
Section 10. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 11. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 12. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/published this 6th day of June 2005.
ADOPTED this _ day of 2005 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Richard R. Rudnansky, City Attorney
Ordinance No. 2210 N.C.S. Page 4