HomeMy WebLinkAbout1439 - ORDINANCES - 4/21/1993 ORDINANCE NO. 1439
AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 8.50 TO THE CITY MUNICIPAL
CODE RELATING TO 'FUGITIVE DUST AND
EROSION CONTROL
THE CITY COUNCIL, OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
SECTION 1. Chapter 8 .50 is herby added to the Palm Springs
Municipal Code in order to provide for fugitive
dust and erosion control as follows:
SECTIONS•
8. 50. 005 Purpose and Intent
8 .50. 010 Definitions
8. 50. 015 Exemptions
8. 50. 020 Subject Activities and Uses
8. 50. 025 Plan Requirements
8.50. 030 Enforcement
8 .50. 035 Violation and Penalties
8. 50. 005 Purpose and Intent. The purpose of this ordinance is
to establish minimum requirements for construction and demolition
activities and other specified land uses in order to reduce
fugitive dust and corresponding PM1.0 emissions (defined as
particulate matter with an aerodynamic diameter of 10 microns or
less) .
8. 50. 010 Definitions. As applied in this; ordinance, the
following words and terms shall be defined as follows:
(1) "Annual Vehicle Trips (AVT) " mean the number of motor vehicles
that ingress and egress an unpaved or paved surface during a
typical annual time period. (Example: one vehicle that both
ingresses and egresses over the specified time period shall be
counted as two vehicle trips. ) The City shall have ultimate
authority in determining AVT.
(2) "Average Daily Traffic (ADT) " means the average number of
vehicles that separately ingress and egress a given surface
during a typical 24 hour time period. The City shall have
ultimate authority in determining ADT.
(3) "Applicant" means any person who is required to submit a
Fugitive Dust (PM10) Mitigation Plan to the City for review.
(4) "Bulk Material" means all sand, gravel, soil, aggregate and
other organic and inorganic particulate matter.
(5) "City" means the City of Palm Springs.
(6) "Chemical Stabilization" means a method of dust control
implemented by a person to mitigate fugitive dust and
corresponding PM10 emissions which involves the use of non-
toxic chemical soil stabilizers in sufficient quantities to
eliminate wind erosion from disturbed surface areas provided
that such materials are not prohibited for use by the City,
the California Regional Water Quality Control Board, the
California Air_ Resources Board, the Environmental Protection
Agency, or any other law, rule or regulation.
(7) "Construction and Demolition Activities" means any on-site
mechanical activities preparatory to or related to the
building, alteration, rehabilitation, demolition or
improvement of property, including but not limited to the
following activities; grading, excavation, loading, crushing,
blasting, cutting, planing, shaping, or breaking.
Ord. 1439
Page 2
(8) "Director" means Director of Building & Safety or his or her
designee.
(9) "Disturbed Surface Area" means a portion of the earth's ',
surface which through the activities of man has been
physically moved, uncovered, destabilized, or otherwise
modified from its undisturbed natural soil condition but does
not include land used for agriculture or areas which have been
restored to a natural state, such that the vegetative ground
cover and soil characteristics are similar to adjacent or
near-by natural conditions.
(10) "Dust Control Implements" means tools, machines, devices,
supplies and/or other approved methods intended to prevent
entrainment of fugitive dust into the ambient air, or to
prevent soil or other materials from being tracked onto paved
roads by motor vehicles.
(11) "Dust Suppressants" means water, vegetation, hygroscopic
materials, or chemical soil stabilization materials not
prohibited for use by the City, the Regional Water Quality
Control Board, the Environmental Protection Agency, the
California Air Resources Board or any other law, rule or
regulation.
(12) "Fugitive Dust" means any solid particulate matter that
becomes airborne, other than that emitted from an exhaust
stack, directly or indirectly as a result of the activities of
man.
(13) "Off Road Motor Vehicles" means any wheeled vehicle which is
used off paved roadways and includes but is not limited to the
following:
(a) Any motorcycle or motor-driven cycle.
(b) Any motor vehicle commonly referred to as a sand buggy,
dune buggy or all terrain vehicle.
(14) "Open Areas" means any disturbed surface area or unimproved
lot (acreage) located on public or private property.
(15) "Open Storage Pile" means any accumulation of bulk material
with a height of three feet or more and a total surface area
of 300 or more square feet.
(16) "Owner" means the person, partnership, corporation, agency or
other public or private entity whose name appears as the owner
on deeds duly recorded in the Riverside County Recorder's
office.
(17) "Parking Lot" means an area utilized for parking vehicles and
associated vehicle maneuvering;
(a) Paved parking lots are those covered with typical roadway
materials.
(b) Unpaved parking lots are all parking lots which are not
paved on public or private property.
(c) Temporary unpaved parking lots are those used for an
event lasting three (3) consecutive days or less or five
(5) cumulative days or less within a given month,
provided that vehicle activity never exceeds 100 vehicles
per day as determined by the City.
(18) "Particulate Matter" means any material, except uncombined
water, which exists in finely divided form as a liquid or
solid at standard conditions.
Ord. 1439
Page 3
(19) "Paved Road" means an improved street, highway, alley, public
way, or easement that is covered by a typical roadway
materials;
(a) Public paved roads are those open to public access and
that are owned by any federal, state, county, municipal
or any other governmental or quasi-governmental agencies.
(b) Private paved roads are any paved roads not defined as
public, whether or not open to the public.
(c) Unpaved road mean;; any unpaved service roads, internal
access roads, heavy and light duty equipment paths and
other roadways which are not covered by typical roadway
materials as defined herein:
1. Public unpaved roads are those open to public
access and that are owned by any federal, state,
county, municipal or any other governmental or,
quasi-governmental. agencies.
2 . Private unpaved roads are all other unpaved
roadways not defined as public, whether or not open
to the public.
(20) "Permittee" means any person who has received approval of a
Fugitive Dust (PM10) Mitigation Plan by the City.
(21) "Person" means any individual, corporation, public entity,
partnership or association existing under or authorized by the
laws of the State.
(22) "PM10" means particulate matter with an aerodynamic diameter
smaller than or equal to 10 microns as measured 'by the
applicable federal reference test methods. (40 Code of Federal
Regulations, Part 50, .Appendix J)
(23) "Reasonably Available Fugitive Dust Control Measures"' means
all U. S. Environmental Protection Agency - approved techniques
used to prevent the emission and/or airborne transport of
fugitive dust. Currently approved techniques included in U.S.
EPA guidance documents include, but are not limited to, the
use of coverings and enclosures, application of dust
suppressants or installation of dust control implements.
(General Preamble, Implementation of Title 1, Clean Air Act
Amendments of 1990, Appendix Cl, U.S. EPA, March 27 , 1992]
(24) "Road Length" means the total centerline distance of all
contiguous sections of a road, regardless of direction, road
name, or surface type, or intersection with a road not owned
or operated by the applicant or permittee.
(25) "Site" means the real property on which activities subject to
this ordinance may occur.
(26) "Staging Area" means an area used for the shipping, receiving,
transferring, storage or assembly of goods and materials.
(27) "Typical Roadway Materials" for permanent roadways means
cement, asphalt or asphaltic concrete.
(28) "Urban Area" means land located within the official boundaries
of the Coachella Valley's :incorporated cities as well. as the
following population centers: Bermuda Dune;, Thousand Palms,
Mecca and Thermal.
8.50. 015 Exemptions. Any person seeking an exemption from the
provisions of this chapter shall submit a written request: to the
Director for approval. The following activities may be exempted
from the provisions of this chapter subject to approval from the
Director:
Ord. 1439
Page 4
(a) Actions which cannot mitigate fugitive dust emissions because
all potential mitigations would, as determined by the
Director, conflict with the Federal or State Endangered
Species Act or with City statutes or ordinances as they
pertain to weed abatement or fire hazard control.
(b) Agricultural operations, including growing, harvesting,
tilling, cultivating, or the raising of animals, fowl, or
bees; excluding unpaved roads associated with such operations.
(c) Any construction and/or demolition activity which does not
require issuance of a grading permit or a demolition permit.
(d) Any construction and/or demolition activity meeting any of the
following activity levels or requirements:
(1) occurring entirely within an enclosed structure
from which no visible airborne particulate matter
escapes;
(2) modifications or additions to existing detached
single family residential dwellings;
(e) Unpaved roads with an average daily traffic (ADT) volume of
less than 20 vehicles, as determined by the city.
(f) Unpaved roads used for activities lasting three (3)
consecutive days or less, and five (5) cumulative days or less
within a calendar month, provided that vehicle activity never
exceeds 100 vehicles per day as determined by the City.
(g) Unpaved parking lots for existing land uses which require
fewer than eight (8) parking spaces as determined by the
zoning Ordinance, provided that said use does not generate
more than 6, 000 annual vehicle trips, as determined by the
City.
(h) Any action required or authorized to implement emergency
operations which are officially declared by the City or County
to ensure the public health and safety.
(i) All allotted and unallotted trust land of the Agua Caliente
Band of Cahuilla Indians shall be exempt from the following
sub-sections 8 . 50. 020 (b) and (c) .
8. 50. 020 Subject Activities and Uses The following subject
activities and uses are defined as follows:
(a) Construction or Demolition Activities:
(1) A person applying for a grading or demolition permit
shall not conduct any operations unless he or she has
first obtained an approved Fugitive Dust (PM10)
Mitigation Plan (Plan) .
(2) A proposed Plan shall be submitted to the Director
concurrent with the grading or demolition permit
application. A grading or demolition permit shall not be
issued unless a proposed Plan has been submitted and
subsequently approved.
(3) A person with an approved Plan shall comply with all of
the requirements of the Plan as of the approval date
prior to conducting any grading or demolition activities.
(4) A person seeking any amendment to an approved grading or
demolition permit shall also resubmit the Plan for review
and possible amendment by the Director.
Ord. 1.439
Page 5
(5) A person possessing an approved Plan may submit a
proposed amended Plan at any time for review by the
Director. The activity will continue to be subject to
the requirements of the approved Plan until such time
that an amended Plan is approved by the Director.
(6) A person possessing a grading or demolition permit
approved prior to adoption of this ordinance must submit
a Plan six (6) months after the effective date of: this
ordinance, unless all permitted activity hair, been
completed.
(b) Existing Open Areas or Staging Areas, and Public or ]Private
Unpaved Road:
(1) The owner of any existing open area(s) or staging area(s)
with average daily traffic (ADT) volumes between 20 and
150 vehicles as reported to the City by the property
owner, shall take measures to reduce vehicular speeds to
25 miles per hour or less, as permitted by State Law.
Such measures are to :include, but shall not be limited
to, posting speed limit signs or installation of speed
control devices in accordance with City procedures.
(2) The owner of any existing open area(s) or staging
area(s) , or, public or private unpaved road(s) with ADT
volumes greater than 150 vehicles shall submit to the
Director a proposed Fugitive Dust (PM10) Mitigation Plan
(Plan) no later than six', (6) months after the effective
date of this ordinance.
(3) The owner of any existing open areas or staging area(s) ,
or, public or private unpaved road(s) with ADT volumes
greater than 150 vehicles with an approved Plan must
comply with all of the requirements of the Plan within 60
days after the approval of the Plan.
(4) The owner of any existing open area(s) or staging
area(s) , or, public or private unpaved road(s) with ADT
volumes greater than 150 vehicles with a denied Plan
must, within 30 days from the date of notice of
disapproval is delivered to the applicant personally or
by deposit in the mail, correct specified deficiencies
and resubmit a revised Plan to the Director. Once
approved, the owner must comply with all the Plan
requirements within :30 days of its approval.
(5) The owner of any existing open areas or staging area(s) ,
or, public or private unpaved road(s) with ADT volumes
greater than 150 vehicles with an approved Plan may
submit a proposed amended Plan at any time for
consideration by the Director. The activity will
continue to be subject to the requirements of the
approved Plan until such time that an amended Plan is
approved by the Director.
(c) Existing Unpaved Parking Lots:
(1) The owner of any existing unpaved parking lot(s) shall,
within six (6) months from the effective date of this
ordinance (grace: period) , pave the area utilized for
parking or vehicle maneuvering with typical roadway
material. Said owner may petition the Director during
the six (6) month grace period to permit the use of
chemical stabilization, recycled asphaltic road base
and/or other materials as approved by the Director
instead of paving.
Ord. 1439
Page 6
(2) The owner of any existing unpaved parking lot(s) which
petitions the Director under Section 8. 50. 020 3 (a) shall
prepare a Fugitive Dust (PM10) Mitigation Plan (Plan)
which describes the concentrations and frequencies of
dust suppressant application. The Director may require
the Plan to contain provisions for annual resubmittal to
the City to ensure that the control measures specified by
the Plan are implemented by the owner.
(3) The owner of any existing unpaved parking lot(s) with a
denied Plan must, within 30 days from the date of notice
of disapproval is delivered to the applicant personally
or by deposit in the mail, either (A) pave the area used
for parking and vehicle maneuvering with typical roadway
material or (B) correct the specified deficiencies and
submit a revised Plan to the Director for review. The
requirement to pave within 30 days of disapproval will
not begin until the six (6) month grace period has ended.
(4) The owner of any temporary unpaved parking area(s) who is
exempt from Section 8 .50. 020 Subsections (a) , (b) and
(c) , but shall treat areas used for parking and vehicle
maneuvering with chemical stabilization 48 hours prior to
each individual event which requires parking for 100 or
more vehicles per day, as reported to the City by the
property owner.
8. 50. 025 Plan Requirements.
(a) Fugitive Dust (PM10) Mitigation Plan:
(1) Any person required to submit a Fugitive Dust
(PM10) Mitigation Plan pursuant to Section 8 .50. 020
shall prepare and submit a plan to control fugitive
dust through implementation of reasonably available
control measures such that fugitive dust emissions
are in compliance with South Coast Air Quality
Management District Rule 403 . The Plan shall be
subject to approval of the Director and must
include provisions to treat disturbed surface areas
at construction and demolition sites with dust
suppressants when activities have ceased for 30
days or more. Said treatments must be in
sufficient frequencies and quantities to prevent
visible emissions from crossing the property line.
In addition to the before-mentioned provisions, the
Plan must also include one or more of the following
fugitive dust control techniques:
(A) Application of chemical stabilization to
unpaved roads and vehicle parking areas.
(B) Application of sufficient water prior to
initiating any earth movement.
(C) Application of sufficient water to disturbed
surface areas.
(D) Application of dust suppressants on disturbed
surface areas when construction activities
cease for more than four (4) consecutive days.
(E) Installation of wind fencing bordering
disturbed surface areas upwind of paved
roadways or urban areas.
(F) Sweeping and/or cleaning streets where
vehicles exit construction sites.
(G) Installation of bedliners in fill import and
export vehicles.
Ord. 1439
Page 7
(H) Covering of fill import and export vehicles
when carrying bulk material.
(I) Installation of wheel washers where vehicles
exit disturbed surface areas on to paved
roads.
(J) Paving of construction access roads.
(K) Paving of all roads on a construction site
once final elevations have been reached or at
the earliest feasible time.
(L) Installattion of drainage devices including
temporary diking, sand bags and/or curbing to
prevent sediment from reaching paved roads
shall be submitted to the Engineering Division
on the erosion control grading plan.
(M) Reveget:ation of disturbed surface areas.
(N) Installation of security fencing surrounding
disturbed surface areas which have been
treated with dust suppressants.
(0) Any other measures as approved by the
Director.
(b) For all grading projects, the permittee shall take measures to
assure that no debris is washed, blown by wind, or otherwise
deposited onto streets or adjacent property and that all
erosion control devices are working properly on a continuous
basis. (Ord. 1114 S1 (part:) , 1980) .
(c) All grading or fill operations that exceed one acre in size on
which the extent of open land and its exposure to seasonal
winds indicates a. likely potential for damage of neighboring
street traffic or property improvements by �Nrindblown sand or
dust shall be subject, to 'the posting of a cash bond by the
permittee or property owner throughout the period of time that
the project is vulnerable to wind erosion. Such bond shall be
conditioned for, and limited to, expenditure: by the Director
in such increments as may be determined necessary to pay for
emergency dust and erosion control measures deemed necessary
by the Director in the event of discovery of a windblown sand
or dust nuisance condition having developed and in the event
effective remedial measures by the owner or permittee are not
forthcoming in a timely manner. Said cash bond shall not
exceed two thousand dollars per acre. Where the Director must
draw on the bond as provided herein the permittee or property
owner shall replenish or replace the bond upon demand to an
amount deemed necessary by the Director for continued
emergency dust and erosion control. Said cash bond or
remainder there of shall be returned to the applicant once the
source of fugitive dust: has been eliminated.,
(d) Where occasions of complaint of windblown sand or duet arise
concerning a graded project and investigation indicates that
erosion control measures are inadequate, 'the building and
safety director may require additional erosion control
measures and may limit or halt all activities on the site
which may be disturbing graded surfaces until such time that
adequacy of erosion control has been achieved. (Ord. 1114
Sl (part) , 1980) .
(e) The City shall either (A) approve the Plan, (B) approve the
Plan with conditions or, (C) deny the Plan with an explanation
of what additional measures are needed. Approval of a Plan
with conditions shall represent an approved Plan provided that
the applicant agrees to comply with all the conditions of
approval. If an applicant does not agree to the conditions of
Ord. 1439
Page 8
approval established by the City the Plan shall be deemed
disapproved.
(f) For any Plan which is approved with conditions, the City may
attach one or more of the following conditions of approval, as
deemed necessary by the Director, to ensure an adequate level
of fugitive dust control: (A) additional fugitive dust
mitigations, (B) mitigation monitoring, and/or (C) a cash bond
or other financial securities in a form prepared by the City
Attorney and are equal to a percentage of the grading permit
bond. Any financial securities collected under the provisions
of this chapter would be held by the City for potential use in
mitigating sources of fugitive dust not adequately mitigated
by the applicant. Any unused portions of the securities would
be returned to the applicant once the source of fugitive dust
has been eliminated.
(g) The City shall not issue a grading or demolition permit
without an approved Plan for said activity unless the
applicant has obtained an exemption determination pursuant to
Section 8 .50. 015 of this chapter.
(h) Approval of a Plan will permit the City to enter the subject
property to verify and ensure that the requirements of the
Plan are being implemented.
(i) Upon denial of a Plan the applicant may appeal the disapproval
to the City Council pursuant to Chapter 2 . 04 of the Municipal
Code.
(j) Any person who receives an approved Plan shall compile and
retain records of evidence of control measure application
during project implementation for a period of one (1) year
after project completion. Said records of evidence may
include, but shall not be limited to, name and contact person
of all firms contracted with for dust suppression, listing of
all dust control implements used on-site, proof (invoices from
dust suppressant and dust control implement vendors) of dust
suppressant application at the concentrations specified by the
Plan, and cost associated with implementation of the Plan.
The records shall be submitted to the City upon request.
8 . 50. 030 Enforcement. The following acts or omissions shall
constitute a violation of this chapter:
(a) Failure to submit where required a Fugitive Dust (PM10)
Mitigation Plan within the time limits specified in this
chapter.
(b) Failure to submit where required a revised Fugutive Dust
(PM10) Mitigation Plan within the time limits specified in
this chapter and correcting those defects identified by the
Director.
(c) Failure to comply with any provision of an approved Fugitive
Dust (PM10) Mitigation Plan.
(d) Any other failure to comply with the provisions of this
chapter.
8 . 50. 035 Violation and Penalties.
(a) A person violating any provisions of this ordinance shall be
guilty of an infraction, unless the violation is specifically
filed by the City Attorney as a misdemeanor. The City
Attorney may in his direction charge a violation of this
chapter as a misdemeanor where the violation poses a
significant threat to public health or safety or where the
violation is repetitive in nature or where other factors
warrant misdemeanor prosecution.
ord. 1439
Page 9
(b) In addition to any other remedy provided by law, failure to
correct any condition indicated in a notice of violation
within 24 hours of issuance will permit the City to initiate
one or more of the following actions where appropriate:
(1) Criminal Proceedings.
(2) civil proceedings to obtain an injunction or other
relief against the owner or permit:tee.
(3) Refusal to issue future permits and/or to release
of securities held until the owner or permit'tee has
adequately demonstrated compliance with the notice
of violation.
(4) Correction of the condition by the City through the
use of any securities held under this ordinance.
SECTION 2 SEVERABILITY. If any provision, of this ordinance or the
application thereof to any 'person or circumstance is held invalid,
the remainder of the ordinance and application of such provision s)
to other persons or circumstances shall not be affected.
SECTION 2 SAVINGS CLAUSE. Neither the adoption of this ordinance
nor the repeal of any other ordinance in which violations were
committed prior to the effect date hereof, shall be construed as a
waiver of any license or penalty or the penal provisions
application to any violation thereof. The provisions of the
ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same
continuations, and shall not be construed as a new enactment unless
substantial revisions or provisions are required by this ordinance.
SECTION 3 EFFECTIVE DATE. The City Clerk shall certify to the
passage hereof, cause it to be entered into the Minutes of the City
Council, and cause it to be posted as required by law. This
ordinance shall take effect. on the 30th day following the date of
its adoption.
ADOPTED this 21st day of __ April 1993 .
AYES: Members Hodges, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: Member Lyons
ATT�_� CITY OF P,;lt SPRINGS, CALIFORNIA
City Clerk M yor
REVIEWED & APPROVED:
/ /
I HEREBY CERTIFY THAT the foregoing Ordinance 1439, was
duly adopted by the City Council of the City of Palm Springs,
California, in a meeting held on the 21st day of April , 1993,
and that sLnimary of same was published in the If SERT SUN-,. a newspaper
of general circulation on April 13 & 29, 1993.
I;� JU ITH SUMTCH
City Clerk