ORD 219ORDINANCE # 219
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
ESTABLISHING FUGITIVE DUST CONTROL
REQUIREMENTS FOR CERTAIN EXISTING
LAND USES, CONSTRUCTION AND
DEMOLITION PROJECTS
WHEREAS, the City is committed to and responsible for protecting and
enhancing the public health, safety, and welfare of the community; and,
WHEREAS, natural (e , g. , sand storms) and man-made (e.g.,
construction, agriculture road dust, and other human activities) processes can
generate fugitive dust and PM10 (defined as particulate matter of 10 microns or less
in diameter) ; and,
WHEREAS, the Coachella Valley is in violation of Federal PM10 Air
Quality Standards; and,
WHEREAS, PM 10 affects public health and impairs visibility; and,
WHEREAS, air quality monitoring data in the Coachella Valley indicates
that man made processes account for the majority of fugitive dust and PM 10; and,
WHEREAS, Federal PM10 Air Quality Standards for the region cannot be
attained without implementation of additional dust control measures and improved
enforcement actions; and,
WHEREAS, the Clean biz° Act Amendments of 1990 require that dust
control measures be implemented before December 10, 1993; and,
WHEREAS, the South Coast Air Quality Management District (SCAQMD)
has adopted a State Implementation Plan (SIP) for PM10 in the Coachella Valley
(SCAQMD, 1990) which specifies that local dust control ordinances be enacted by
December 31, 1992; and,
WHEREAS, the City has worked with the Coachella Valley Association
of Governments (CVAG) and the SCAQMD to develop the following chapter which
outlines additional dust control measures and improved enforcement actions as
required by the SIP; and,
WHEREAS, adoption of proposed Chapter 6.10 is categorically exempt
from CEQA review under Guidelines Section 15308, and such action and subsequent
implementation of said Chapter will not have a significant impact on the environment,
but will in fact accomplish a net beneficial impact; and,
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WHEREAS, adoption of proposed Chapter 6.10 will supersede other
previously adopted dust control and mitigation requirements, specifically Chapter
13.52 and Ordinance 484 of the La Quinta Municipal Code.
NOW, THEREFORE, the City Council of the City of La Quinta does
hereby ordain as follows:
SECTION 1. The following Chapter 6.10 is hereby added to the La
Quinta Municipal Code:
6.10.010 Purpose & 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 PM10 emissions.
6.10.020 Definitions
As applied in this ordinance, the following words and terms shall be defined as
follows:
A. "Annual Vehicle Trips" means the number of motor vehicle movements along
or across an unpaved or paved surface during a specified annual time period.
(Example: one vehicle that both ingresses and egresses over the specified time
period shall be counted as two vehicle trips . )
B. "Average Daily Traffic (ADT)" means the average number of vehicles that
separately ingress and egress a given surface during a specified 24 hour time
period.
C . "Applicant" means any person who is required to submit a Fugitive Dust
(PM10) Mitigation Plan to the City for review.
D. "Bulk Material" means all sand, gravel, soil, aggregate and other organic and
inorganic particulate matter.
E . "City" means the City of La Quinta.
F . "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.
G . "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.
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H . "Director" means Public Works Director or his or her designee.
I. "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 use 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.
J. "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.
K. "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.
L. "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.
M. "Off Road Motor Vehicles" means any wheeled vehicle which is used off paved
roadways and includes but is not limited to the following:
1. Any motorcycle or motor -driven cycle.
2. Any motor vehicle commonly referred to as a sand buggy, dune buggy,
four-wheel drive, or other all terrain vehicle.
N. "Open Areas" means any unpaved motor vehicle parking area, truck stop,
disturbed surface area, or unimproved acreage located on public or private
property.
O. "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.
P. "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.
Q. "Parking Lot" means an area utilized for parking vehicles and associated
vehicle maneuvering;
1. Paved parking lots are those covered with typical roadway materials.
2. Unpaved parking lots are all parking lots which are not paved.
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3. 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.
R. "Particulate Matter" means any material, except uncombined water, which
exists in finely divided form as a liquid or solid at standard conditions.
S . "Paved Road" means an improved street, highway, alley, public way, or
easement that is covered by typical roadway materials.
1. 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.
2. Private paved roads are any paved roads not defined a public, whether
or not open to the public.
T . "Permittee" means any person who has received approval of a Fugitive Dust
(PM10) Mitigation Plan by the City.
U. "Person" means any individual, corporation, public entity, partnership or
association existing under or authorized by the laws of the State.
V . "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)
W . "Reasonably Available Fugitive Dust Control Measures" means all U.S. EPA
approved techniques used to prevent the emission and/or airborne transport
of fugitive dust. Currently approved techniques included in US. 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 C 1, U.S. EPA, March 27, 1992 ]
X . "Road Length" means the total centerline distance of all contiguous sections
of a road, regardless of change of direction, road name, or surface type, or
intersection with a road not owned or operated by the applicant or permittee .
Y. "Site" means the real property on which activities subject to this ordinance
may occur.
Z . "Staging Area" means an area used for the shipping, receiving, transferring,
storage or assembly of goods and materials.
AA. "Typical Roadway Materials" for permanent roadways means cement, asphalt
or asphaltic concrete.
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BB. "Unpaved Roads" means 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.
6.10.030 Exemptions
Any person seeking an exemption from the provisions of this ordinance shall submit
a petition to the Director for approval. The following activities may be exempted
from the provisions of this ordinance subject to approval from the Director:
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 separate grading permit or a demolition permit (e. g. , single family homes
on individual lots) .
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 Chapter 9.160 of the City Land Use
Ordinance, provided that said use does not generate more that 6,000 annual
vehicle trips, as determined by the City.
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H . Temporary unpaved parking lots.
I. Any action required or authorized to implement emergency operations which
are officially declared by the City to ensure the public health and safety.
6.10.040 Subject Activities and Uses
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 (herein after "Plan") or has received an
exemption from the Planning Director.
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.
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.
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 has been
completed.
B . Existing Open Areas or Staging Areas, and Public or Private Unpaved Roads
1. The owner of any existing unpaved roadway with average daily traffic
(ADT) volumes between 20 and 150 vehicles, as determined by the City
shall undertake any feasible measures to reduce vehicular speeds to 15
miles per hour or less. Such measures may include, but shall not be
limited to, posting advisory speed limit signs or installation of speed
control devices in accordance with City procedures and/or standards.
2. The owner of any existing open area 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 Plan no later than six (6 )
months after the effective date of this ordinance.
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3 . The owner of any existing open areas or staging area (s) , or, public or
private unpaved road (s) having ADT volumes greater than 150 vehicles
which have received approval of a Plan must comply with all of the
requirements of the Plan within 60 days after approval date of the Plan.
4. The owner of any existing open areas or staging area(s), or public or
private unpaved road(s) having ADT volumes greater than 150 vehicles
which have received a denial of a Plan must, within 30 days from the
date of plan denial, correct the 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 approval.
5. The owner of any existing open areas or staging area(s), or, public or
private unpaved roads) having ADT volumes greater than 150 vehicles
which have received approval of a 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, pave the area utilized
for parking or vehicle maneuvering with a permanent, city -approved
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.
2. The owner of any existing unpaved parking lot (s) petitioning the
Director under Section 6.10.040. C. I - shall prepare a 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) and a denied Plan
must within 30 days from the date of disapproval either 1) pave the area
used for parking and vehicle maneuvering with typical roadway material
or 2) 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 six the (6) month grace period has
ended.
4. The owner of any temporary unpaved parking area(s) 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 determined by the City.
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D . Unimproved Property
1. The owner of any unimproved property shall discourage the use of said
property for off road motor vehicle use where there are any indications
of such use. Methods to discourage off road motor vehicle use may
include, but shall not be limited to, signs at intervals of not more than
300 feet as measured along the access perimeter, fencing along the
access perimeter and/or other methods as deemed necessary by the
Director.
6.10.050 Performance Standards/Plan Requirements
A. Fugitive Dust (PM10) Mitigation Plan
1. Any person required to submit a Fugitive Dust (PM10) Mitigation Plan
(Plan) 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
the property. In addition to the afore -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.
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.
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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.
I. Installation of drainage devices including temporary diking, sand
bags and/or curbing to prevent sediment from reaching paved
roads.
m . Revegetation of disturbed surface areas.
n. Installation of security fencing surrounding disturbed surface
areas which have been treated with dust suppressants.
o. Any other measures as approved by the Director.
2. The Plan shall be prepared and submitted on the Plan formats provided
by the Planning and Development Department. All information required
by the Plan format shall be provided unless the Director, at his
discretion, deems such information unnecessary for Plan consideration.
3. If the Plan is submitted in conjunction with an application(s) for a plot
plan, subdivision map, or other site development plan or use permit,
the Plan shall be forwarded to the Planning Commission for approval.
If the Plan is not submitted with one or more of the above applications,
the Plan shall be submitted to the Director for approval. The Director
or Planning Commission shall either 1) approve the Plan, 2) approve the
Plan with conditions or, 3) 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 approval established by the Director or
Planning Commission the Plan shall be deemed disapproved.
4. For any Plan which is approved with conditions, the City will attach
conditions of approval, as deemed necessary by the Director or
Planning Commission, to ensure an adequate level of fugitive dust
control. The Plan sahll be financially secured. Said securities would
be returned to the applicant once the source of fugitive dust has been
eliminated.
5. A grading or demolition permit shall not be issued without an approved
Plan for said activity unless the applicant has obtained an exemption
determination pursuant to Section 6.10.030 of this ordinance.
6. A. Director as Decision Body. An applicant or other aggrieved
party may appeal the decision of the Director by appeal to the
Planning Commission. Within fifteen calendar days after the date
of mailing of the Director's decision, the applicant or aggrieved
party may appeal the decision in writing on forms provided by
the Planning and Development Department.
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Upon receipt of a completed appeal, the Planning Director shall
set the matter for hearing before the Planning Commission not
less than five calendar days nor more than thirty calendar days
thereafter, and shall give written notice of the hearing, by mail,
to the applicant and the appellant. The Planning Commission
shall render its decision within thirty days following the close of
the hearing on the appeal.
B . Planning Commission as a Decision Body. An applicant or other
aggrieved party may appeal the decision of the Planning
Commission by appeal to the City Council. Within fifteen
calendar days after the date of the mailing of the Planning
Commission's decision, the applicant or other aggrieved party
may appeal the decision in writing on forms provided by the
Planning and Development Department. Upon receipt of a
completed appeal, the City Clerk shall set the matter for hearing
before the City Council not less than five calendar days nor more
than thirty calendar days thereafter, and shall give written
notice of the hearing, by mail, to the applicant and the
appellant. The City Council shall render its decisions within
thirty days following the close of the hearing on the appeal.
7. Any person who receives an approved Plan shall compile and retain
records of evidence of control measure application during project
implementation and for a period of one 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
costs associated with implementation of the Plan. The records may also
be required to be submitted to the City upon request.
6.10.060 Violation
A. Construction/Demolition Activities
Violation of, or failure to comply with any provisions or conditions of
an approved Plan shall be a violation of this ordinance.
B . Existing Activities and Uses
1. Existing activities and uses which are subject to this ordinance
yet fail to comply with the provisions of this ordinance, or fail to
submit a Plan within six (6) months of its effective date will be in
violation of this ordinance.
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2. A Plan prepared for existing activities and uses which is denied
by the Director must be appealed or revised by the applicant and
resubmitted to the Director within thirty (30) calendar days of
receipt of the notice of denial, or the applicant shall be deemed
in violation of this ordinance. Denial of the subsequent plan
submittal may be deemed a violation of this ordinance, at the
discretion of the Director.
3. Violation of, or failure to comply with any provisions or
conditions of an approved Plan shall be a violation of this
ordinance.
6.10.070 Violation and Penalties
For purposes of ensuring compliance with the provisions of this Chapter, the
Director shall, following written notice to a person, initiate enforcement action or
actions against such person, owner or designee which may include, without
limitation, the following:
1. Withholding issuance of a building permit, grading permit or occupancy
permit;
2. Issuance of a stop work order; and/or,
3. Any enforcement methods authorized by Chapter 9.236 of this Code.
Any enforcement actions shall be in accordance with the applicable provisions and
procedures set forth in this code and with city policy in effect at the time such
actions are initiated.
6.10.080 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. Chapter 13.52 of Title 13 (Subdivision Regulations),
pertaining to Control of Wind -Caused Erosion, adopted by reference as Ordinance
#5, operative August 29, 1982, is hereby deleted from said Title 13.
SECTION 3. Ordinance #484 (Control of Blow Sand) adopted by
reference as Ordinance #5, operative August 29, 1982, is hereby repealed as an
Ordinance of the City of La Quinta .
SECTION 4 . Effective Date. This Chapter 6.10 shall be effective thirty
(30) days from and after the date of its adoption.
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Ordinance 219
SECTION 5. Certification. The City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause it to be posted or published in the
manner required by law.
The foregoing Ordinance was introduced at a regular meeting of the City
Council of the City of La Quinta on the 15th day of December, 1992, and was passed
and adopted by the following vote:
AYES: Council Members Bangerter, Sniff & Mayor Pena
NOES: None
ABSENT: Council Members Franklin and Perkins
ABSTAIN: None
ATTEST:
SAUNDRA L. JUROLA, City Clerk
City of La Quinta, California
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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JOHN J. PENA M yor
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 219 which was introduced on the 1st
day of December, 1992 and was adopted at a regular meeting held on
the 15th day of December, 1992 not being less than 5 days after
date of introduction thereof.
I further certify that the foregoing ordinance was posted in three
(3 places within the City of La Quinta as specified in a
r s lution of the City Council.
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify that the foregoing ordinance was
posted on December 18, 1992 pursuant to City Council Resolution.
"— SAUNDRA L. JUHO , City Clerk
City of La Quinta, California