12.16.112   Construction pollutant reduction.
   A.   Copies of Documents. All persons engaged in Construction Activity within the City requiring State Construction General Permit coverage shall have at least the following readily available at the construction site:
   1.   One (1) copy of the notice of intent for the State Construction General Permit.
   2.   The waste discharge identification (WDID) number issued by the State Board.
   3.   One (1) copy of the SWPPP and storm water monitoring plan as required by the permit.
   The documents listed above must also be retained for three (3) years from the date generated or date submitted, whichever is last.
   B.   All persons engaged in Construction Activity within the City shall implement best management practices to avoid, to the maximum extent practicable, the discharge of pollutants to the MS4, in accordance with the city's grading manual, as developed and updated by the City engineer, and, when applicable, in accordance with a grading plan approved by the City engineer for such project.
   1.   Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the State of California general permit for storm water discharges associated with industrial activities or for storm water discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan.
   C.   Development construction requirements.
   1.   Runoff from construction activity at all construction sites shall meet the following minimum requirements:
   a.   Sediments generated on the project site shall be retained using adequate treatment control or structural BMPs;
   b.   Construction-related materials, wastes, spills, or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff;
   c.   Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site; and
   d.   Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes.
   2.   For those construction projects which are one acre and greater, the owner, operator and person in charge of the day-to-day activities at such construction site shall meet the following minimum requirements:
   a.   Where coverage is required pursuant to the state construction general permit, to have proof of a waste discharger identification number for filing of a notice of intent for permit coverage under the state construction general permit, as well as a certification that an SWPPP has been prepared; and
   b.   To show proof of a notice of intent and a copy of the SWPPP upon the transfer of ownership of any part or portion of the subject property, while construction activities are ongoing.
   D.   City review and plan approval.
   1.   Prior to the issuance of a permit for a new development or redevelopment project, the City shall evaluate the proposed project using the applicable state construction general permit approved by the Regional Board, and erosion and grading requirements of the City building official or director to determine (i) its potential to generate the flow of pollutants into the MS4 during construction; and (ii) how well the SWPPP for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the City may impose conditions upon the issuance of the building permit, in addition to any required by the state construction general permit for the project, in order to minimize the flow of pollutants into the MS4.
   2.   No grading permit for developments requiring coverage under the state construction general permit shall be issued unless the applicant can show that a notice of intent to comply with the state construction general permit has been filed and that an SWPPP has been prepared for the project.
   3.   Storm water runoff containing sediment, construction waste or other pollutants from the construction site and parking areas shall be reduced to the maximum extent practicable. The following best management practices shall apply to all construction projects within the city, and shall be required from the time of demolition of existing structures or commencement of construction until receipt of a certificate of occupancy:
   a.   Sediment, construction waste, and other pollutants from construction activities shall be retained on the construction site to the maximum extent practicable;
   b.   Structural controls such as sediment barriers, plastic sheeting, detention ponds, dikes, filter beams and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site;
   c.   All excavated soil shall be located on the site in a manner that minimizes the amount of sediments running onto the street, drainage facilities or adjacent properties. Soil piles shall be covered with plastic or similar material until the soil is either used or removed from the site;
   d.   No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction or other vehicles is permitted to run off the construction site, or to otherwise enter the MS4.
   4.   As a condition to granting a building permit or grading permit, the City may set reasonable limits on the clearing of natural vegetation from construction sites, in order to reduce the potential for soil erosion. These limits may include, but are not limited to, regulating the length of time soil is allowed to remain bare or prohibiting bare soil.
   5.   The Director may require, prior to the issuance of any building or grading permit, preparation of appropriate wet weather erosion control plan, SWPPP or other plans consistent with countywide development construction guidance provisions and the goals of this chapter.
   6.   Full or partial waivers of compliance with the requirements of this section may be obtained where the project applicant shows by application in writing that the incorporation and design elements that address the objectives set forth in this section are impracticable, and are non-economical or otherwise physically impossible due to the site characteristics or other characteristics unique to the project. Any waiver request shall be in writing to the director and may only be approved where permitted in accordance with the terms of the existing construction general permit.
(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 3)