HomeMy WebLinkAbout(2002, 04/23) - L-22 - AdoptedPROTECTION OF WATER QUALITY:
WATER QUALITY MANAGEMENT PLANS
FOR NEW DEVELOPMENT AND REDEVELOPMENT
PURPOSE
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This policy, along with Policy L -18, is intended to minimize dry - weather runoff and
runoff from small rain events (collectively referred to as "runoff' in this Policy) in an
effort to improve water quality of Newport Bay, water quality- limited receiving waters
like Buck Gully) and the near -shore ocean environment. The motivation for this Policy,
in addition to the community's interest in clean water, is in part the adoption of new
regulations upon the City of Newport Beach by the California Regional Water Quality
Control Board, Santa Ana Region ( "Regional Board ") contained in the Regional Board's
Order # R8- 2002 -0010, NPDES No. CAS618030.
FINDING
Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and
washdowns of hardscape areas contribute flow to the street drainage systems and
natural watercourses which then convey pollutants such as pesticides, fertilizers, pet
waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other
pollutants into surface waters.
POLICY
New development or redevelopment presents the City and the public with the
opportunity to reduce the impacts of runoff that would otherwise drain to the City's
street drainage system and our harbors, bays, and ocean. At the time of submittal of an
application for a new development or redevelopment project, an applicant shall submit
a Water Quality Management Plan (WQMP) to the City. The WQMP's purpose is to
minimize to the maximum extent practicable dry weather runoff and runoff from small
storms (less than 3/4" of rain falling over a 24 -hour period) during construction and
post - construction from the property. The following are components of any WQMP:
A. Design Elements — All Development Types. Each applicant's WQMP shall
attempt to infiltrate or treat projected runoff for the new development by an
amount equal to or greater than the volume of runoff produced from a storm
event through incorporation of design elements that address one or more of the
goals set forth below. The design elements utilized by an applicant may, but are
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not required to, include those provided on the list below so long as the required
projected runoff infiltration or treatment is achieved:
1. Maximize permeable areas to allow more percolation of runoff into the
ground through such means as biofilters, green strips, landscaped swales,
planters, and other retention/ percolation devices as approved. The use
of permeable materials in lieu of or to replace hardscapes will increase the
amount of runoff seepage into the ground.
2. Maximize the amount of runoff directed to permeable areas and /or
maximize stormwater storage for reuse or infiltration. For the purposes of
this Policy, pools, spas, and water features shall not be considered
permeable surfaces.
Acceptable and encouraged design elements include:
a. Orienting roof runoff towards permeable surfaces, drywells, French
drains, or other structural BMPs rather than directly to driveways
or non - permeable surfaces so that runoff will penetrate into the
ground instead of flowing off -site. •
b. Grading the site to divert runoff to permeable areas.
C. Using cisterns, retention structures or green rooftops to store
precipitation or runoff for reuse.
d. Removing or designing curbs, berms or the like so as to avoid
isolation of permeable or landscaped areas.
e. Remove pollutants through installation of treatment control BMPs
such as filters, clarifiers, and other devices as approved.
B. Design Elements — Commercial, Retail, and Multi- Family Residential. These
design elements shall be required for all new development except single- family
residences:
1. Urban runoff shall not be allowed to come into contact with the following
areas:
Loading and unloading dock areas; •
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Repair and maintenance bays;
Vehicle and equipment wash areas; and
Fueling areas.
2. Where new development/ redevelopment will include outdoor areas for
the storage of material that may contribute pollutants to the storm water
conveyance system, these materials must be:
Placed in an enclosure such as, but not limited to, a cabinet, shed,
or similar structure that prevents contact with runoff or spillage to
the storm water conveyance system; or
Protected by secondary containment structures such as berms,
dikes, or curbs.
3. The outdoor materials storage areas subject to this section must be:
Paved and sufficiently impervious to contain leaks and spills; and
Covered with a roof or awning to minimize collection of storm
water within the secondary containment area.
4. The area where a trash receptacle or receptacles are located for use as a
repository for solid wastes must meet the following structural or
treatment control BMPs:
Drainage from adjoining roofs and pavement must be diverted
away from the trash storage areas;
The area must be covered with roof or awning (to prevent rain
from entering the area and sewer or storm drain conveyance
system), screened or walled to prevent off -site transport of trash,
and connected to the sanitary sewer; and
Trash bins must have solid covers and be covered at all times
except while being emptied.
5. Any construction project adding down spouts, gutters and subsurface
pipes directing stormwater to the curb face shall have a French drain
system of perforated pipe and gravel unless site - specific circumstances
endanger public safety so as to prohibit its use as determined by the
Building Department or Public Works Department.
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C. Use of Moisture - Detecting or Weather -Based Irrigation Systems. All WQMPs
must describe how the applicant plans to use irrigation systems that are
automated and controlled by either a weather -based satellite system or by direct
moisture detection in the soil.
D. Long -Term Maintenance. The WQMP must also include the applicant's plan for
the long -term and continuous maintenance of all BMP's requiring ongoing
maintenance and the applicant's signed statement accepting responsibility for the
maintenance of all structural and treatment control BMPs. Any transfer or sale of
property subject to a Water Quality Management Plan must include as a written
condition to the transfer or sale such that the transferee assumes full
responsibility for maintenance of any structural, and /or source or treatment
control BMPs.
E. Evaluation of WQMPs. The City's evaluation of each Water Quality
Management Plan will ascertain if the proposed plan meets the standards set
forth in this Policy. Each plan will be evaluated on its own merits according to
the particular characteristics of the project and the site to be developed. The
Building Director or Public Works Director, or their respective designee shall •
approve or disapprove the plan. If the plan is disapproved, the reasons for
disapproval shall be given in writing to the applicant. Any plan disapproved by
the Building Director or Public Works Director or their respective designee must
be revised by the developer and resubmitted for approval. No building permit
shall be issued until the final WQMP has been approved by the Building
Department or Public Works Department.
F. Waiver. The WQMP required under this Policy may be waived by the Building
Director or Public Works Director or his or her designee if the applicant
demonstrates the impracticability of implementing this Policy's requirements.
Recognized circumstances demonstrating impracticability may include:
1. Extreme limitations of space for treatment;
2. Unfavorable or unstable soil conditions at a site to attempt infiltration;
and
3. Risk of groundwater contamination because a known unconfined aquifer
lies beneath the land surface or an existing or potential underground
source of drinking water is less than ten feet from the soil surface.
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Any other justification for impracticability must be separately petitioned by the
applicant to the City Manager and, where applicable, the California Regional
Water Quality Control Board for advice and consideration.
If a waiver is granted for impracticability, the petitioner will be required to
transfer the savings in cost, as determined by the Building Director or Public
Works Director, to the City's Runoff Mitigation Account. This Account shall be
used to promote regional or alternative solutions for runoff pollution in Newport
Beach -area watersheds. Funds payable from the Account may accrue to a public
agency or a non -profit entity.
G. Compliance Required. Compliance with an approved Water Quality
Management Plan shall be a condition of any required planning approval.
Adopted - April 23, 2002
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