§ 15.04.120. Stormwater pollution control measures for development planning and construction activities.

(a)

Objective. The provisions of this section contain requirements for construction activities and facility operations of development and redevelopment projects to comply with the current municipal NPDES permit, lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of SUSMP requirements.

(b)

Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the City to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, grant waivers from the requirements of the standard urban stormwater mitigation plan, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this section.

(c)

Applicability. The following development and redevelopment projects, termed "planning priority projects," shall comply with the stormwater pollution control requirements of this section:

(1)

All development projects equal to one acre or greater of disturbed area that add more than 10,000 square feet of impervious surface area.

(2)

Industrial parks 10,000 square feet or more of surface area.

(3)

Commercial malls 10,000 square feet or more of surface area.

(4)

Retail gasoline outlets with 5,000 square feet or more of surface area.

(5)

Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.

(6)

Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

(7)

Streets and roads construction of 10,000 square feet or more of impervious surface area.

(8)

Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532—7534 and 7536-7539) 5,000 square feet or more of surface area.

(9)

Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area (ESA), where the development will:

a.

Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

b.

Create 2,500 square feet or more of impervious surface area.

(10)

Single-family hillside homes.

(11)

Redevelopment projects.

a.

Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on planning priority project categories.

b.

Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

c.

Where redevelopment results in an alteration of less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

d.

The term "redevelopment" does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. The term "redevelopment" does not include the repaving of existing roads to maintain original line and grade.

e.

Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area.

(d)

Land use and zoning. Nothing contained in this section shall be deemed to expand the land uses permitted in any zone in the City.

(e)

Effective date. The planning and land development requirements contained in Section 7 of Order No. R4-2012-0175 shall become effective immediately upon adoption of the ordinance from which this chapter is derived. This includes planning priority projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of adoption of the order on February 6, 2013. Projects that have been deemed complete within 90 days of adoption of the order are not subject to the requirements of said Section 7.

(Prior Code, § 7411; Ord. No. 330, § 4, 10-15-2013)