Fountain Valley City Zoning Code
CHAPTER 21
18 GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS
§ 21.18.010 Purpose.
The purpose of this chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.
(Ord. 1308 § 5, 2000)
§ 21.18.020 Applicability.
(a)
Applies to More than One Zoning District. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Chapters 21.04 through 21.14 of this title. Where there may be a conflict, the standards specific to the zoning district shall override these general standards.
(Ord. 1308 § 5, 2000)
§ 21.18.030 Access.
(a)
Access to Streets.
(1)
Every structure, including garages, shall be located upon a legally recorded parcel with a permanent means of access to a public street including recorded access easements and reciprocal access agreements.
(2)
All structures shall be properly located to ensure safe and convenient access for servicing, fire protection and required parking.
(3)
Parcels located on a private street that were legally established before the effective date of this title, are exempt from the required compliance with the latest adopted city standards for private streets.
(4)
Single-family residential uses shall be limited to one access drive per street frontage subject to the approval of the city engineer.
(b)
Access to Accessory Structures.
(1)
Accessory structures and other on-site architectural features shall be properly located to ensure that they do not obstruct access to main structures or accessory living quarters.
Also refer to subsection a of Section 21.08.050 (Accessory uses and structures) of this title.
(2)
Fences and walls shall provide an access gate, or other suitable opening, at least forty-eight inches in width to provide suitable pedestrian access to main or accessory structures.
(Ord. 1308 § 5, 2000)
§ 21.18.040 Corner cutback.
(a)
Corner Cutback Area. Corner parcels shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys and private driveways. The corner cutback area shall be described as a triangular shaped area on a corner parcel formed by measuring fifteen feet from the intersection of the front and street side property lines, or an intersecting alley or driveway, and connecting the lines diagonally across the property making a ninety-degree triangle as shown in Figure 3-1 of this section.
(b)
Height of Obstructions. The maximum height cutback of any object (e.g., fence, landscaping, signs, walls, etc.) located in the corner area shall be three feet, measured from the adjoining top of curb. The three-foot height limit shall not apply to traffic safety devices, trees trimmed to eight feet above the adjacent top of curb, utility poles and other government or utility installed devices.
 Figure 3-1 Corner Cutback Area |
(Ord. 1308 § 5, 2000)
§ 21.18.050 Height measurement and height limit exceptions.
All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Section 21.18.070 (Fences, walls, screens, hedges and shrubs) of this chapter.
(b)
Height Measurement. Maximum height shall be measured as the vertical distance from finish grade to an imaginary plane located parallel to the finish grade at a height allowed by the zoning district.
(c)
Exceptions to Height Limits. Exceptions to the height limits identified in this title shall apply in the following manner:
(1)
Roof-Mounted Structures.
(A)
Roof-mounted structures for the housing of chimneys, elevators, flagpoles, stairways, tanks, towers, ventilating fans or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of fifteen feet above the allowed structure height.
(B)
The total square footage of all roof-mounted structures that exceed the allowed height shall not occupy more than twenty-five percent of the total roof area of the structure.
(2)
Fire or parapet walls may extend up to four feet above the allowable height limit of the structure, except in the MU-1 and MU-2 zones, where such walls may extend up to five and one-half feet above the allowable height limit of the structure. No mechanical equipment shall exceed the height of the parapet.
(Ord. 1308 § 5, 2000; Ord. 1582 § 6, 2022)
§ 21.18.060 Exterior lighting.
(a)
Exterior Fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity and scale to the use they are serving.
(b)
Intensity. The level of parking lot light projected onto any ground or wall surface shall not be less than two foot candles nor more than five foot-candles at the base of the light fixture. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this subsection. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source.
(c)
Security Lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.
(d)
Shielding of Light Source. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting or public street lighting.
(e)
Mechanical or Chemical Processes. Light, heat or glare from mechanical or chemical processes, or from reflective materials used or stored on a site, shall be shielded or modified to prevent emission of light or glare beyond the property line.
(Ord. 1308 § 5, 2000)
§ 21.18.070 Fences, walls, screens, hedges and shrubs.
Fences, walls, lattice work screens, hedges and dense growth of shrubs or trees shall conform to the provisions of this section.
(1)
Front Yard. Fences, walls, lattice work, hedges and dense growth of shrubs/trees greater than three feet in height are not allowed within a required front yard.
(2)
Side and Rear Yards. For side and rear yards, such items are not allowed in excess of six feet in height, except for a fence or wall necessary for the public safety, health and welfare as required by a governmental agency or as allowed under subsection 4 of this section.
(3)
Rear and Side Yard Relationship. In cases where lots have a rear to side relationship refer to plot plans on file in the planning and building departments.
(4)
Wall along Arterial Highways. Walls along arterial highways that were constructed as part of a subdivision shall be maintained in original condition. Such walls may be extended to a height of eight feet with like materials subject to approval by the director.
(5)
Barbed Wire/Razor Wire Prohibited. The use of barbed wire, razor wire or similar security wire (including broken glass) shall be prohibited in all residential and commercial zoning districts.
(6)
Chain Link Fence. The use of chain link fence within the front yard setback area shall be prohibited in all residential zoning districts.
(Ord. 1308 § 5, 2000)
§ 21.18.080 Screening and buffering.
(a)
Compliance. This section establishes standards for the screening and separation of adjoining multi-family and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.
(b)
Screening Between Different Land Uses. An opaque screen consisting of plant material and a solid masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district. The maximum height of walls shall comply with the provisions of Section 21.18.070 (Fences, walls, screens, hedges and shrubs) of this chapter. Walls shall be architecturally treated on both sides, subject to the approval of the director.
(c)
Mechanical Equipment, Loading Docks and Refuse Areas.
(1)
Roof or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts, exhaust, etc.), loading docks, refuse storage areas and utility services shall be screened from view from adjoining public streets and area(s) zoned for residential or open space uses.
(2)
The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural style.
(d)
Building Materials and Garden Supply Areas. Outdoor building materials and garden supply areas shall be screened with fencing, landscaping, meshing, walls or similar material to minimize visibility of the storage area.
(Ord. 1308 § 5, 2000)
§ 21.18.090 Setback measurement and exceptions.
This section establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, space for privacy, traffic safety and visibility.
(1)
(2)
Exemptions from Setback Requirements. The minimum setback requirements of this title shall apply to all uses except for the following:
(A)
Fences or walls constructed within the height limitations of this title;
(B)
Decks, with or without handrails, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade and are less than eighteen inches above the surrounding finish grade;
(C)
Porches may encroach up to four feet into a required front yard setback in the R1 and GH zoning districts;
(D)
Architectural features may extend into the front, side and rear yard setbacks in the following manner:
(i)
A chimney or fireplace up to six feet in width, may extend three feet into a required setback, but no closer than three feet to a side or rear property line;
(ii)
Cantilevered architectural features on the main structure, including balconies, bay windows, canopies, cornices, eaves and solar devices that do not increase the floor area enclosed by the structure, may extend into required yards as follows:
(iii)
Covered, unenclosed porches, located at the same level as the entrance floor of the structure, and fire escapes, landings and outside stairways that are not enclosed, may extend into required yards as follows:
a.
Front Yard Setback. Up to four feet into a required front yard,
b.
Side Yard Setback. Up to four feet into a required side yard, but no closer than three feet to a side property line, and
c.
Rear Yard Setback. Up to fifteen feet into a required rear yard, but no closer than ten feet to the rear property line.
(3)
Measurement of Setbacks. Setbacks shall be measured as follows:
(A)
The front yard setback shall be measured at right angles from the nearest point on the front property line to the nearest wall of the structure, except as follows:
(i)
The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established, the required setback shall be measured from the established line(s).
(ii)
The measurement shall be taken from the nearest wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest the public street or right-of-way.
(B)
The side yard setback shall be measured at right angles from the nearest point on the side property line to the nearest wall of the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards.
(C)
The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point on the street side property line to the nearest wall of the structure.
(D)
The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest wall of the structure, establishing a setback line parallel to the rear property line, that extends between the side yards, except:
(i)
The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line.
(ii)
Where the side lot lines converge to a point, a line five feet long within the parcel parallel to and at a maximum distance from the front lot line, shall be deemed the rear lot line for the purpose of determining the depth of the required rear yard.
(E)
Where a structure wall is not parallel to a side or rear lot line, the required dimension of the side or rear yard along the line, may be averaged. The resulting side yard shall not be less that three feet in width, and the rear yard shall not be less than ten feet in depth, at any point.
(F)
In situations different from the above, the director shall have the authority to determine how setbacks shall be measured.
(Ord. 1308 § 5, 2000)
§ 21.18.100 Solid waste/recyclable materials storage.
This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with state law.
(1)
Multi-Family Uses. The following are minimum requirements for common refuse and recyclable material storage areas for multi-family developments with five or more units. Storage areas may be located indoors or outdoors as long as they are readily accessible to all residents. Areas are measured in square feet.
Table 3-1 | |||
|---|---|---|---|
Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.) | |||
Dwellings | Refuse | Recycling | Total Area |
5 or more | 12 | 12 | 24 |
10-15 | 24 | 24 | 48 |
16-25 | 48 | 48 | 96 |
26-50 | 96 | 96 | 192 |
51-75 | 144 | 144 | 288 |
76-100 | 192 | 192 | 384 |
101-125 | 240 | 240 | 480 |
126-150 | 288 | 288 | 576 |
151-175 | 316 | 316 | 672 |
176-200 | 384 | 384 | 768 |
201+ | Every additional 25 dwellings shall require an additional 100 sq. ft. for solid waste and 100 sq. ft. for recyclables. | ||
(2)
Nonresidential Uses. Nonresidential uses shall provide refuse and recyclable material storage areas in compliance with the following requirements. Requirements apply to each individual structure. Areas are measured in square feet.
Table 3-2 | |||
|---|---|---|---|
Nonresidential Structures Minimum Storage Areas Required (Sq. Ft.) | |||
Building Floor Area | Refuse | Recycling | Total Area* |
Up to 5,000 | 12 | 12 | 24 |
5,001-10,000 | 24 | 24 | 48 |
10,001-25,000 | 48 | 48 | 96 |
25,001-50,000 | 96 | 96 | 192 |
50,001-75,000 | 144 | 144 | 288 |
75,001-100,000 | 192 | 192 | 384 |
100,001+ | Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables. | ||
(3)
Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:
(A)
Shall be adjacent/combined with one another;
(B)
Shall be accessible to residents, employees and haulers at all times. Storage areas within multi-family residential developments shall be located within one hundred fifty feet of an access doorway to the dwellings that they are intended to serve;
(C)
Shall not be closer than twenty feet from doors or operable windows of adjoining structures;
(D)
Exterior storage area(s) shall not be located in a required front yard, street side yard, parking space, landscaped or open space area, and any other area required to be maintained unencumbered in compliance with fire and other applicable building and public safety codes;
(E)
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;
(F)
In cases where a parcel is served by an alley, all storage areas shall be directly accessible to the alley.
(4)
Design and Construction. The design and construction of the storage areas shall be in compliance with current city standards and the following:
(A)
If the storage area is located outside or on the exterior of a structure it shall be architecturally compatible with the materials and colors of other structures on the property.
(B)
Exterior storage areas shall be enclosed by six-foot high masonry walls with steel gates. A concrete apron equal to the width of the gate and outward from the enclosure a minimum of six feet shall be provided. The director may require the provision of a roof structure over the enclosure to obstruct visibility of the enclosure from above.
(C)
The exterior perimeter of the storage areas shall be planted, if feasible, with drought resistant landscaping, including a combination of shrubs and/or climbing evergreen vines.
(D)
The storage areas shall be well lit with a minimum one footcandle.
(E)
Signs shall be conspicuously posted on each storage area giving instructions on the use of the recycling bins and containers. Each sign shall not exceed four square feet in area and shall be posted on the exterior of the storage area, adjacent to the access point.
(Ord. 1308 § 5, 2000)
§ 21.18.110 Undergrounding of utilities.
Cable television, electric and telephone facilities, fire alarm conduits, street lighting wiring and other wiring conduits and similar facilities shall be placed underground by the developer for all new development and additions and remodels over twenty-five percent of the value of the existing improvements. The director may grant a modification or waiver of this requirement, after considering the general purposes and nature of the proposed development.
(Ord. 1308 § 5, 2000)
§ 21.18.120 Storm water and urban runoff management.
In compliance with the Federal Clean Water Act, the National Pollution Discharge Elimination System (NPDES), Orange County's Drainage Area Management Plan (DAMP), and the city of Fountain Valley's local implementation plan (LIP), this section establishes standards to ensure that future development and significant redevelopment reduce or eliminate urban and storm water run-off to protect water quality, biological habitats and beneficial uses of downstream receiving waters.
(a) "Best management practices (BMPS)" "Drainage area management plan (DAMP)" "General construction permit" "General industrial permit" "General permit" "Local implementation plan (LIP)" "National Pollutant Discharge Elimination System (NPDES)" "New development" "Parking lot' "Significant redevelopment" "The Santa Ana Regional Water Quality Control Board (SARWQCB)"
Definitions.
means the best practical and economically achievable measures to control the addition of pollutants to the waters of the United States through the application of pollution control practices, technologies, processes, siting criteria, management activity, operating methods or other alternatives.
means Orange County's 2003 DAMP and incorporates the fourth term permit requirements and is the principal policy and guidance document for the countywide NPDES storm water program.
means the NPDES general permit for storm water discharges associated with construction activity. (State Water Resources Control Board Order No. 2010-0014 DWQ, NPDES General Permit No. CAS000002 or its subsequent replacement.)
means the NPDES general permit for storm water discharges associated with industrial activity. (State Water Resources Control Board Order No. 97-03-DWQ, NPDES General Permit No. CAS000001 or its subsequent replacement).
means Order No. R8-2009-0030 (NPDES No. CAS618030) of the Santa Ana Regional Water Quality Control Board covering areawide urban storm water runoff in Orange County. The city of Fountain Valley is a co-permittee to the permit.
means the city of Fountain Valley's specific document that details how the storm water programs within the DAMP are implemented within its jurisdiction.
is a provision of the Clean Water Act, Section 402 that identifies municipal storm water as a point source subject to regulation under the NPDES permits. The NPDES storm water program was designed by the Orange County permittees for compliance with the NPDES. The city of Fountain Valley, as a permittee, is responsible for the implementation of the program within its jurisdiction.
is defined as projects that create ten thousand square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached housing family home subdivisions, multi-family attached subdivisions (town homes), condominiums, apartments, etc.), mixed-use, and public projects. This category includes development projects on public or private land, which fall under the planning and building authority of the permittees.
is defined as a land area or facility for the temporary storage of motor vehicles.
is defined as projects that include the addition or replacement of five thousand square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than fifty percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed below applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition or replacement of more than fifty percent of the impervious surfaces of a previously existing developed site, the numeric sizing criteria applies to the entire development.
means the agency that implements and enforces the Clean Water Act Section 402(p) NPDES permit requirements, and issues and administers these permits on behalf of EPA within Orange County.
(b)
Applicability. All new development and redevelopment, except as provided below, shall comply with the requirements of this section, the provisions of Chapters 14.40 and 18.06 of this code, the city's local implementation plan (LIP) and NPDES Order No. R8-2009-0030 (NPDES No. CAS 618030) to reduce the discharge of pollutants in urban and storm water runoff.
(c)
Review Required. Prior to the issuance of a discretionary permit, grading permit, building permit or nonresidential plumbing permit for new development or significant redevelopment, the city planning, public works or building departments shall review the proposed plans and impose conditions as necessary to comply with the local implementation plan (LIP), Chapters 14.38, 14.40, 18.06 and this section of this code, and NPDES Order No. R8-2009-0030 (NPDES No. CAS 618030) to reduce or eliminate pollutants in storm water or urban runoff.
(d)
Water Quality Management Plan.
(1)
A water quality management plan may be required to be provided by the applicant in order to identify the post construction storm water quality management plan and to act as guidance for property owners, operators, tenants and/or employees in implementing the best management practices (BMPs) upon which a project's approval was based.
(2)
As detailed in Section A-7.5 of the LIP, a water quality management plan shall be required for all public and private projects that meet any of the following criteria:
(A)
Qualify as a priority project, which is defined as a project that meets any of the following:
(i)
All significant redevelopment projects;
(ii)
New development projects;
(iii)
Residential development of ten units or more;
(iv)
Commercial and industrial development greater than one hundred thousand square feet including parking areas;
(v)
Automotive repair shop (SIC) codes 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539);
(vi)
Restaurant where the land area of development is five thousand square feet or more;
(vii)
Hillside development on five thousand square feet or more, which is located on areas with known erosive soil conditions or where natural slope is twenty-five percent or more;
(viii)
Developments of two thousand five hundred square feet of impervious surface or more, adjacent to (within two hundred feet) or discharging directly into environmentally sensitive areas, such as areas designated in the Ocean Plan as areas of special biological significance or water bodies listed on the CWA Section 303(d) list of impaired waters;
(ix)
Parking lot area of five thousand square feet or more of impervious surface exposed to storm water;
(x)
Streets, roads, highways and freeways of five thousand square feet or more of paved surface shall incorporate USEPA guidance, "Managing Wet Weather with Green Infrastructure: Green Streets" in a manner consistent with the maximum extent practicable standard. This category includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes any routine road maintenance activities where the footprint is not changed;
(xi)
Retail gasoline outlets of five thousand or more square feet with a projected average daily traffic of one hundred or more vehicles per day;
(xii)
Emergency and public safety projects in any of the above-listed categories may be excluded if the delay caused due the requirement for a WQMP compromises public safety, public health and/or environmental protection.
(B)
Does not qualify as a priority project but requires a discretionary action that will include an approved plan of development such as a tract map, site plan or precise plan (classified as a non-priority project).
(C)
Does not qualify as a priority project but requires issuance of a nonresidential plumbing permit, where a nonresidential plumbing permit is defined as a plumbing permit authorizing the construction and installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage (classified as a non-priority project).
(3)
A water quality management plan shall address the following information:
(A)
All priority projects are required to identify the following, as defined and detailed in the LIP:
(i)
Site design and "low impact development" (LID) implementation BMPs (e.g., minimize impervious areas, pervious pavement, conserving natural areas, retention/detention basins). LID site designs shall reduce runoff to a level consistent with the maximum extent practicable standard. The design goal shall maintain or replicate the pre-development hydrological regime through use of design techniques that create a postdevelopment hydrological regime using site preservation techniques and the use of integrated and distributed micro-scale storm water infiltration, retention, detention, evapotranspiration, filtration and treatment systems.
LID principles shall be prioritized from highest to lowest priority, as follows:
(ii)
Routine structural and non-structural BMPs (e.g., education and training activity restrictions, street sweeping, signage/warnings);
(iii)
Implement treatment control BMPs;
(iv)
Identify a mechanism for assuring long-term operation and maintenance of structural BMPs. For all structural treatment controls, WQMPs shall identify the responsible party for maintenance of the treatment system, vector minimization and control measures, and a funding source or sources for its operation and maintenance;
(v)
Identify hydrological conditions of concern.
Each priority development project shall ascertain the impact of the development on the site's hydrological regime and include the findings in the water quality management plan from a two-year frequency storm event for:
(B)
All non-priority projects are required to identify the following, as defined and detailed in the LIP:
(i)
Site design BMPs (e.g., minimize impervious areas, pervious pavement, conserving natural areas, retention/detention basins);
(ii)
Routine structural and nonstructural BMPs (e.g., education and training, activity restrictions, street sweeping, signage/warnings); and
(iii)
Identify a mechanism for assuring long-term operation and maintenance of structural BMPs.
(4)
All qualifying projects are required to submit a water quality management plan to the city in the following manner:
(A)
Projects requiring a discretionary permit may be allowed to initially provide a conceptual water quality management plan as a requirement of a complete application. However, a final water quality management plan shall be approved by the public works department prior to the submittal of construction plans for plan check.
(B)
Projects that do not require a discretionary permit, but require approval of a ministerial construction permit (e.g., grading, building, demolition permit) shall submit a water quality management plan that has been approved by the public works department prior to the submittal of construction plans for plan check.
(C)
Plans submitted for plan check are required to incorporate all the structural BMPs identified in an approved water quality management plan.
(5)
Prior to the issuance of a certificate of occupancy or final approval of permits, all qualifying projects shall:
(A)
Demonstrate that all requirements of the approved water quality management plan have been installed properly;
(B)
As described in the LIP, submit and receive approval of an operation and maintenance (O&M) plan;
(C)
Demonstrate that a mechanism/agreement, which is acceptable to the city, has been executed for the long-term funding and performance of BMP operation, maintenance, repair and/or replacement;
(D)
Demonstrate that the applicant and/or property owner is prepared to implement all non-structural BMPs described in the approved water quality management plan.
(6)
A water quality management plan continues with the life of the project. As defined in the LIP, a transfer of responsibility form, which serves to notify the city that a change of ownership has occurred and the new owner of their responsibility to continue implementing the approved water quality management plan, shall be submitted to the city with any change in ownership.
(e)
Construction Activities.
(1)
Applicability. As detailed in Section 8 of the LIP, all construction projects altering the footprint of the structure are required to implement BMPs to prevent discharges into the storm drain system or watercourses. At a minimum, all private and public works construction projects are required to employ a combination of erosion and sediment controls and waste and materials management BMPs, which are summarized in Table 8-1 of the LIP and Table 8-6 of the DAMP (e.g., straw mulch, earthen berms, sandbag barrier). These minimum requirements are conveyed to construction contractors as part of the permit conditions and plan notes.
(2)
Required Permit. Prior to the issuance of any grading or building permit, the applicant shall submit an erosion and sediment control plan (ESCP) to demonstrate compliance with local and state water quality regulations for grading and construction activities and ensure that the BMPs to be implemented on-site are consistent with the appropriate phase of construction (Preliminary Stage, Mass Grading Stage, Streets and Utilities Stage, etc.). The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc., will be properly covered, stored and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also describe how the applicant will ensure that all BMPs will be maintained during construction of any future public rights-of-way. A copy of the current ESCP shall be kept at the project site and be available for city review on request.
(f)
Requirements for General Permit Sites.
(1)
As detailed in the LIP, projects that are subject to the general permit (meaning they will result in soil disturbance of five thousand square feet or more of land or less than one acre, if it is part of a larger common plan of development or sale which is one acre or more) and qualify as either a priority or non-priority project, as described in subsection (d), shall be required to prepare and implement a storm water pollution prevention plan (SWPPP) meeting the requirements of the general permit. A model SWPPP template is included as Exhibit A-8. IV of the LIP.
(2)
Private and public construction projects covered by the general permit shall adhere to the following:
(A)
Required Actions for Private Construction Projects that are Covered by the General Permit.
(i)
The project owner, developer or contractor is responsible for preparing the notice of intent (NOI), which must be signed by the owner or person delegated authority and submitted to the State Water Resources Control Board (SWRCB). Before issuing a grading or building permit, the city will require proof of general permit coverage (see Section A-7.5.3 of the LIP).
(ii)
Prior to the issuance of a grading or building permit (if applicable), the SWPPP must be prepared by the project owner, developer or contractor and signed by the responsible party and must be implemented year-round throughout the duration of the project's construction. City staff is not responsible for reviewing, approving or enforcing the SWPPP; these are responsibilities of the regional board.
(iii)
The city will inspect and enforce local permit(s) (construction, grading, etc.), ordinances (grading, water quality management plans, etc.), the Model Construction Program, and the Construction Runoff Guidance Manual, and will notify the regional board of noncompliance when the noncompliance meets the criteria of posing a threat to human or environmental health as discussed in DAMP Section 8.4.6.
(iv)
Once project construction is completed and the site fully complies with the final stabilization requirements of the general permit, the owner/developer will submit a notice of termination (NOT) to the SWRCB.
(B)
Required Actions for Public Agency Construction Projects that are Covered by the General Permit.
(i)
The city of Fountain Valley will notify the SARWQCB via formal notification of construction activity.
(ii)
The city of Fountain Valley or its contractor will prepare the SWPPP before construction activities begin.
(iii)
During construction, the city of Fountain Valley will inspect and enforce the contract documents and will notify the appropriate SARWQCB when noncompliance meets the criteria of posing a threat to human or environmental health as discussed in Section 8.4.6 of the DAMP.
(iv)
Once the project is completed, the city of Fountain Valley will inform the SARWQCB of the project's completion.
(C)
Required Actions for Private Construction Projects Not Covered by the General Permit. Private construction projects not covered by the general permit, but covered under a grading permit, are required to develop erosion and sediment control plans (ESCPs). These ESCPs must show proposed locations of the erosion and sediment control BMPs that will be implemented during the construction project to comply with the minimum requirements listed in Table A-8.1 of the LIP.
(D)
Required Actions for Public Works Construction Projects Not Covered by the General Permit. Public agency construction projects not covered by the general permit are required by DAMP Section 8.4 to comply with appropriate pollution prevention control practices in accordance with the current edition of the "Green Book" standard specifications for public works construction and the provisions of Section A-8 of the DAMP, and shall develop and implement ESCPs. Low priority construction sites shall meet the minimum requirements listed in Table 8-6 of Section 8.4.4 of the DAMP.
(Ord. 1480 § 4, 2012)