§ 6-3-401. Recitals.

The city council finds and declares that:

(1)

The City of Laguna Niguel is authorized by Article XI, § 5 and § 7 of the State Constitution to exercise the police power of the State by adopting regulations promoting the public health, public safety and general prosperity.

(2)

The City of Laguna Niguel has determined that a legitimate local purpose is present in complying with the provisions of the NPDES permit.

(3)

A reduction in stormwater borne pollution will promote the public health and protect the general welfare of the locality by reducing the level of artificial and naturally occurring constituents, which may improve the quality of the waters in this region.

(4)

The land use authority exercised by the City of Laguna Niguel, pursuant to California Government Code § 65300 et seq., requires regional planning and the adoption of policies protecting the environment through the imposition of reasonable conditions on the use of land.

(5)

This article conforms to the policies and goals of the General Plan adopted by the City of Laguna Niguel, pursuant to California Planning and Zoning Law, for the protection of the portions of watersheds located within Orange County by implementing measures to control erosion and prevent the pollution of streams and other waters.

(6)

Certain provisions of this article may be coordinated with the Local Coastal Program for inclusion in Coastal Development Permits, pursuant to California Public Resources Code § 30607, as mitigation for the negative effects of grading, construction, re-construction, and changes to the intensity of use of land or water resources within the coastal zone.

(7)

The Subdivision Map Act, California Government Code § 66411, authorizes the City of Laguna Niguel to regulate and control the design and improvement of subdivided lands and mitigate the burdens of proposed development by imposing reasonable conditions on map approval.

(8)

California Constitution Article XI, § 7 and Government Code § 38660 authorize the city to establish appropriate conditions for the issuance of building permits, which require the installation of improvements reasonably related to the proposed use of property.

(9)

Government Code § 38771 authorizes the city to declare as public nuisances undesirable acts which may injure health or cause interference with the comfortable enjoyment of life or property and to provide for the abatement of the same.

(10)

The NPDES permit requires that the City of Laguna Niguel: (i) develop and implement runoff management programs and implementation plans, (ii) enact legislation and ordinances as necessary to ensure compliance with the runoff management programs and implementation plans, (iii) pursue enforcement actions as necessary to ensure compliance with runoff management programs and implementation plans, (iv) prohibit illicit and illegal discharges from entering the stormwater conveyance systems, subject only to specific exceptions, (v) ensure adequate response to emergency situations, including spills, leaks, and illicit or illegal discharges, and (vi) develop and require implementation of best management practices (BMPs) to ensure that pollution is reduced to the maximum extent practicable (MEP).

(11)

The City of Laguna Niguel may commence civil actions, pursuant to Federal Clean Water Act § 505(a), against any person or any governmental agency acting in violation of any condition of the NPDES permit.

(12)

All industrial dischargers subject to the provisions of the state industrial general permit and state construction general permit (referred to collectively herein as the state general permits) must comply with the lawful requirements of the City of Laguna Niguel, which regulates discharges of runoff to the storm drain system within its jurisdiction.

(13)

All industrial dischargers subject to the provisions of the state general permits are required to maintain stormwater pollution prevention plans on-site and make them available to the City of Laguna Niguel for inspection.

(14)

All dischargers subject to the provisions of the State Construction General Permit may be required by the City of Laguna Niguel, with the concurrence of the San Diego Regional Water Board, to amend any Stormwater Pollution Prevention Plan.

(15)

All industrial dischargers subject to the provisions of the State Industrial General Permit are required to maintain a description of the required monitoring program on-site and make it available to the City of Laguna Niguel for inspection.

(16)

The City of Laguna Niguel has jurisdiction over certain stormwater facilities and other watercourses within the City of Laguna Niguel, and the water discharges into these facilities may be subject to the provisions of the State Industrial General Permit; accordingly, the city may certify (but is not required to certify) in writing that regulated dischargers have developed and implemented effective Stormwater Pollution Prevention Plans and should not be required to collect and analyze stormwater samples for pollutants.

(17)

The City of Laguna Niguel has jurisdiction over certain stormwater facilities and other watercourses within the City of Laguna Niguel, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may request that the regulated dischargers furnish information and records necessary to determine compliance with the state general permits.

(18)

The City of Laguna Niguel has jurisdiction over certain stormwater facilities and other watercourses within the City of Laguna Niguel, and these facilities may receive runoff discharges from properties and activities regulated under the provisions of the state general permits, and city may, upon presentation of credentials and other documents required by law, (i) enter upon the discharger's premises where a regulated facility is located or where records must be kept under the conditions of the state general permits, (ii) access and copy, at reasonable times, any records that must be kept under the conditions of the state general permits, (iii) inspect, at reasonable times, any facility or equipment related to or impacting runoff discharge, and (iv) sample or monitor for the purpose of ensuring compliance with the state general permits.

(19)

The enacting of this article is a condition of the NPDES permit, the requirements of which are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21000, et seq., including but not limited to 21083 and 21084.

(20)

This article is subject to CEQA categorical exemption classes 1 through 4, 6 through 9, 21 and 22, pursuant to the CEQA Guidelines, respectively, Title 14, California Code of Regulations Sections 15301, 15302, 15303, 15304, 15306, 15307, 15308, 15309, 15321 and 15322.

(Ord. No. 2010-161, § 2, 11-16-10)