This chapter is to:
A.
Lessen
the adverse impacts of stormwater runoff from development and urban
runoff on natural drainage systems, receiving waters and other water
bodies.
B.
Minimize
pollutant loadings from impervious surfaces by requiring development
projects to incorporate properly designed, technically appropriate
BMPs and other low impact development strategies.
C.
Minimize
erosion and other hydrologic impacts on natural drainage systems by
requiring development projects to incorporate properly designed, technically
appropriate hydromodification control development principles and technologies.
D.
The
provisions in this chapter shall be construed to augment any county,
state, or federal ordinance, statute, regulation, or other requirement
governing the same or related matter, and where a conflict exists
between a provision in this chapter and such other ordinance, statute,
regulation, or requirement, the stricter provision shall apply to
the extent permitted by law.
(Ord. 5857 § 20, 2015)
For the purposes of this chapter, the following definitions
shall apply. Any term not defined in this section will have the same
meaning in this chapter as in the Federal Water Pollution Control
Act, Sections 101 through 607 ("Clean Water Act"), 33 U.S.C.A. Sections
1251 through 1387, as amended; the Porter-Cologne Water Quality Control
Act, California Water Code Sections 13000 through 13999, and Attachment
A-Definitions of the MS4 Permit Order No. R4-2012-0175 as amended,
NPDES regulations, or in any amendment or supplement thereto. Such
terms are incorporated by this reference.
means a detrimental effect upon water quality or beneficial
uses caused by a discharge or loading of a pollutant or pollutants.
means a water quality control plan adopted by the California
Regional Water Quality Control Board for that certain specific watershed
or designated area affecting or affected by the city.
means the existing or potential use of receiving waters as
designated by the Los Angeles or Lahontan Regional Water Quality Control
Boards in their respective basin plans for the county.
means practices or physical devices or systems designed to
prevent or reduce pollutant loading from stormwater or non-stormwater
discharges to receiving waters, or designed to reduce the volume of
stormwater or non-stormwater discharged to the receiving water.
means the runoff produced by a 50 year frequency design storm
falling on a saturated watershed (soil moisture at field capacity).
A 50 year frequency design storm has a probability of 1/50 of being
equaled or exceeded in any year.
means the city of Glendale.
means any development on private land comprised of one or
more buildings forming a complex of stores which sells various merchandise,
with interconnecting walkways enabling visitors to easily walk from
store to store, along with parking area(s). A commercial mall includes,
but is not limited to, mini-malls, strip malls, other retail complexes
and enclosed shopping malls or shopping centers.
means any construction, rehabilitation, redevelopment or
reconstruction of any public or private residential project (whether
single-family, multi-unit or planned unit development); industrial,
commercial, retail and other nonresidential projects, including public
agency projects; or mass grading for future construction. It does
not include routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of facility, nor does it include
emergency construction activities required to immediately protect
public health and safety.
means the director of public works.
means the additional volume of stormwater caused by development;
excess volume is determined by calculating the difference in the volume
of runoff under undeveloped and post-developed conditions, using the
water quality design storm event.
means a LID BMP using planter boxes and vegetation to intercept
rainfall on the roof surface. Rainfall is intercepted by vegetation
leaves and through evapotranspiration. Green roofs may be designed
as either a bioretention BMP or as a biofiltration BMP. To receive
credit as bioretention BMP, the green roof system planting medium
shall be of sufficient depth to provide capacity within the pore space
volume to contain the design storm depth and may not be designed or
constructed with an underdrain.
means any durable, pervious or impervious surface material,
including paving for pedestrians and vehicles.
means the alteration of a natural drainage system through
a change in the system's flow characteristics.
means any human-made or modified surface that prevents or
significantly reduces the entry of water into the underlying soil,
resulting in runoff from the surface in greater quantities or at an
increased rate, when compared to natural conditions prior to development.
Examples of places that commonly exhibit impervious surfaces include
parking lots, driveways, roadways, storage areas, and rooftops. The
imperviousness of these areas commonly results from paving, compacted
gravel, compacted earth, and oiled earth.
means a land development that is set aside for industrial
development. Industrial parks are usually located close to transport
facilities, especially where more than one transport modalities coincide:
highways, railroads, airports and navigable rivers. It includes office
parks, which have offices and light industry.
means technologies and practices that are part of a sustainable
stormwater management strategy that controls stormwater and urban
runoff on-site.
means the standard for implementation of stormwater management
programs to reduce pollutants in stormwater. MEP refers to stormwater
management programs taken as a whole. It is the maximum extent possible
taking into account equitable considerations and competing facts,
including, but not limited to, the gravity of the problem, public
health risk, societal concern, environmental benefits, pollutant removal
effectiveness, regulatory compliance, public acceptance, ability to
implement, cost and technical feasibility.
means any unlined or unimproved (not engineered) creek, stream,
river, or similar waterway.
means land disturbing activities in conjunction with construction
or installation of a building or structure, creation of impervious
surfaces and land subdivision.
means chemical, physical, or biological components of stormwater
that impair the beneficial uses of receiving waters, including those
defined in the Federal Clean Water Act Section 502(6) (33 United States
Code Section 1362(6)), and incorporated by reference into California
Water Code Section 13373.
means the city of Glendale public works department.
means a "water of the United States" into which waste and/or
pollutants are or may be discharged.
means land-disturbing activity that results in the creation,
addition, or replacement of 5,000 square feet or more of impervious
surface area on an already developed site. Redevelopment includes,
but is not limited to: the expansion of a building footprint; addition
or replacement of a structure; replacement of impervious surface area
that is not part of routine maintenance activity; and land disturbing
activity related to structural or impervious surfaces. It does not
include routine maintenance to maintain original line and grade, hydraulic
capacity, or original purpose of facility, nor does it include emergency
construction activities required to immediately protect public health
and safety.
means the California Regional Water Quality Control Board,
Los Angeles Region.
means any lot or parcel of land, residentially zoned and
in residential use, which has an average slope of 25% or greater.
means the horticultural elements of a landscape, such as
soil and plants.
means a classification pursuant to the current edition of
the Standard Industrial Classification Manual issued by the Executive
Office of the President of the United States, Office of Management
and Budget, and as the same may be periodically revised.
means runoff that occurs as the result of rainfall.
means the runoff generated by a water quality design storm
event.
means any structural facility or device designed and constructed
to mitigate the adverse impacts of stormwater and urban runoff pollution
to the maximum extent practicable including, but not limited to, canopies
and structural enclosures. The term "structural BMP" may include both
treatment control BMPs and source control BMPs.
means any engineered system designated to remove pollutants
by simple gravity settling of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological
or chemical process.
means the application of engineered systems that use physical,
chemical or biological processes to remove pollutants. Such processes
include, but are not limited to, filtration, gravity settling, media
adsorption, biodegradation, biological uptake, chemical oxidation
and UV radiation.
means surface water flow produced by storm and nonstorm events
such as flow from residential, commercial or industrial activities
involving the use of potable and nonpotable water.
means the city's stormwater program to implement the requirements
of the MS4 NPDES permit.
means any of the volumetric or flow rate based design storm
events for water quality BMPs identified in the National Pollutant
Discharge Elimination System Municipal Stormwater Permit for the county
of Los Angeles.
(Ord. 5857 § 21, 2015)
A.
Designated Projects. The following development projects shall comply with the provisions of subsection C of Section 13.43.040:
1.
All
new development projects involving one acre or greater of disturbed
area and adding more than 10,000 square feet of impervious surface
area;
2.
New
industrial parks with 10,000 square feet or more of impervious surface
area;
3.
New
commercial malls with 10,000 square feet or more of impervious surface
area;
4.
New
retail gasoline outlets with 5,000 square feet or more of impervious
surface area;
5.
New
restaurants (SIC 5812) with 5,000 square feet or more of impervious
surface area;
6.
New
parking lots with 5,000 square feet or more of impervious surface
area, or with 25 or more parking spaces;
7.
New
automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532 through
7534 and 7536 through 7539) with 5,000 square feet or more of impervious
surface area;
8.
New
development located in or directly adjacent to or discharging directly
to a significant ecological area ("SEA"), as defined in Section 22.08.190
of Title 22 of the Los Angeles County Code of Ordinances, which will
discharge stormwater runoff that is likely to impact a sensitive biological
species or habitat and create 2,500 square feet or more of impervious
surface area; and
9.
Redevelopment
Projects. Development that results in the creation or addition or
replacement of either: (i) 5,000 square feet or more of impervious
surface area on a site that has been previously developed as described
in subsections (A)(1) through (8); or (ii) 10,000 square feet or more
of impervious surface area on a site that has been previously developed
with a single-family home.
a.
Where more than 50% of impervious surfaces of a previously developed site is proposed to be altered, and the previous development project was not subject to post-construction stormwater quality control requirements, the entire development site (i.e., both the existing development and the proposed alteration) shall comply with the provisions of subsection C of Section 13.43.040.
b.
Where less than 50% of impervious surfaces of a previously developed site is proposed to be altered, and the previous development project was not subject to post-construction stormwater quality control requirements, only the proposed alteration shall comply with the provisions of subsection C of Section 13.43.040, and not the entire development site.
c.
Redevelopment does not include routine maintenance activities that
are conducted to maintain original line and grade, hydraulic capacity,
original purpose of facility or emergency redevelopment activity required
to protect public health and safety. Impervious surface replacement,
such as the reconstruction of parking lots and roadways which does
not disturb additional area and maintains the original grade and alignment,
is considered a routine maintenance activity. Redevelopment does not
include the repaving of existing roads to maintain original line and
grade.
B.
C.
Street and Road Construction. In addition to complying with all other applicable provisions of Section 13.43.040, development projects involving street and road construction of 10,000 square feet or more of impervious surface area shall follow the Glendale Green Streets Manual to the maximum extent practicable. This subsection applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.
D.
Single-family
Hillside Homes. Development projects involving the construction of
a single-family home shall implement the following measures:
1.
Conserve
natural areas;
2.
Protect
slopes and channels;
3.
Provide
storm drain system stenciling and signage;
4.
Divert
roof runoff to vegetated areas before discharge, unless the diversion
would result in slope instability; and
5.
Direct
surface flow to vegetated areas before discharge unless the diversion
would result in slope instability.
E.
Exemptions.
This chapter shall not apply to any of the following development projects:
1.
Any
non-designated project that results in an addition or alteration of
less than 50% of the impervious surfaces of an existing developed
site consisting of four or fewer residential units; and
2.
Any
development project for which a complete discretionary or non-discretionary
permit application was filed with the city of Glendale community development
or public works or any city-controlled design control board, prior
to June 28th, 2015.
(Ord. 5857 § 22, 2015)
A.
The
LID standards of this chapter:
1.
Minimize
the percentage of impervious surfaces on land developments by minimizing
soil compaction during construction, designing projects to minimize
the impervious area footprint, and employing low impact development
(LID) design principles to mimic predevelopment hydrology through
infiltration, evapotranspiration and rainfall harvest and use;
2.
Prevent
pollutants of concern from leaving the development site in stormwater
as the result of storms, up to and including a water quality design
storm event; and
3.
Minimize
hydromodification impacts to natural drainage systems.
B.
The
director shall prepare, maintain, and update, as deemed necessary
and appropriate, a manual ("LID Standards Manual"), which shall include
urban and stormwater runoff quantity and quality control development
principles and technologies for achieving compliance with the provisions
of this section. The LID Standards Manual shall also include technical
feasibility and implementation parameters, as well as other rules,
requirements, and procedures as the director deems necessary, for
implementing the provisions of this chapter. At the discretion of
the director, LID Standards Manual may be referenced to the county
of Los Angeles department of public works Low Impact Development Standards
Manual latest edition.
C.
Designated Projects. To meet the standards described in subsection A of this section, development projects described in subsection A of Section 13.43.030 shall comply with the following requirements:
1.
The
project shall retain 100% of the stormwater quality design volume
("SWQDv") on-site, through infiltration, evapotranspiration, rainfall
harvest and use, or a combination thereof, unless the director determines
that it would be technically infeasible to do so;
2.
If
the director determines that it would be technically infeasible to
retain 100% of the SWQDv on-site, the project shall comply with one
of the following alternative compliance measures:
a.
The project shall provide for on-site biofiltration of one and one-half
(1.5) times the portion of the SWQDv that is not retained on-site;
b.
The project shall include infiltration or bioretention BMPs to intercept
the portion of the SWQDv that is not retained on-site at an off-site
location, as approved by the director. The project shall also provide
for treatment of the portion of the SWQDv discharged from the project
site, as approved by the director;
c.
The project shall provide for the replenishment of groundwater supplies
that have a designated beneficial use in the basin plan:
i.
Groundwater replenishment projects shall include infiltration, or
bioretention BMPs to intercept the portion of the SWQDv that is not
retained on-site at an off-site location, as approved by the director,
ii.
Groundwater replenishment projects shall also provide for treatment
of the portion of the SWQDv discharged from the project site, as approved
by the director;
d.
The project shall include infiltration, bioretention, or rainfall
harvest and use BMPs to retrofit an existing development, with similar
land uses as the project, to intercept the portion of the SWQDv that
is not retained on-site; or
e.
The city, independently or in conjunction with one or more government
entities, may apply to the Regional Water Board for approval of a
regional or sub-regional stormwater mitigation program to substitute
in part or wholly for the provisions of this chapter for the area
covered by the regional or sub-regional stormwater mitigation program.
If the Regional Water Quality Control Board approves the program,
the provisions of the program shall apply in lieu of any conflicting
provisions of this chapter.
D.
Non-Designated Projects. To meet the standards described in subsection A of this section, any development project described in subsection B of Section 13.43.030, shall comply with the following requirements:
1.
A
development project consisting of four or fewer residential units
shall implement at least two LID BMP alternatives listed in the LID
Standards Manual, which alternatives include, but are not limited
to, disconnecting impervious surfaces, using porous pavement, downspout
routing, a dry well, landscaping and irrigation requirements, and
a green roof;
2.
A
development project consisting of five or more residential units,
or a nonresidential development project, shall comply with the following
requirements:
a.
The excess volume from each lot upon which such development is occurring
shall be infiltrated at the lot level, or in the alternative, the
excess volume from the entire development site, including streets
and public right-of-way, shall be infiltrated in sub-regional facilities.
The tributary area of a sub-regional facility shall be limited to
five acres, but may be exceeded with approval of the director. When
the director determines that infiltration of all excess volume is
not technically feasible, on-site storage, reuse, or other water conservation
uses of the excess volume is required and shall be implemented as
authorized by the director in accordance with the requirements and
provisions specified in the LID Standards Manual, and
b.
The runoff from the water quality design storm event associated with
the developed site hydrology must be treated to the satisfaction of
the director before discharge.
(Ord. 5857 § 23, 2015)
A.
Exemptions.
The director may grant exemptions from the provisions of this section
for the following types of development projects where the director
determines that downstream channel conditions and proposed discharge
hydrology indicate that adverse hydromodification effects to beneficial
uses of natural drainage systems are unlikely:
1.
The
replacement, maintenance or repair of existing, publicly-maintained
flood control facilities, storm drains, or transportation networks;
2.
Redevelopment
of a previously developed site in an urbanized area that does not
increase the effective impervious area or decrease the infiltration
capacity of pervious areas compared to the pre-project conditions;
3.
Projects
that have any increased discharge directly or through a storm drain
to a sump, lake, area under tidal influence, into a waterway that
has an estimated 100 year peak flow of 25,000 cubic feet per second
("c.f.s.") or more, or other receiving water that is not susceptible
to hydromodification impacts;
4.
Projects
that discharge directly or through a storm drain into concrete or
other engineered channels (e.g., channelized or armored with rip rap,
shotcrete, etc.), which, in turn, discharge into receiving water that
is not susceptible to hydromodification impacts;
5.
Non-designated
projects disturbing an area less than one acre or creating less than
10,000 square feet of new impervious area; or
6.
Single-family
homes that incorporate LID BMPs in accordance with the LID Standards
Manual.
B.
The
LID Standards Manual shall include hydromodification control development
principles and technologies for achieving compliance with the provisions
of this section as well as other rules, requirements and procedures
as the director deems necessary, for implementing the provisions of
this section.
C.
Unless excluded by subsection A, or excused pursuant to subsection D, development projects must fully mitigate off-site drainage impacts caused by hydromodification and changes in water quality, flow velocity, flow volume, and depth/width of flow, as determined by the director, in accordance with the requirements and provisions specified in the LID Standards Manual.
1.
Sediment
transport analysis shall be required when the project is tributary
to any natural drainage system with a capital flood flow rate greater
than 5,000 c.f.s.
D.
If the director determines that it would be infeasible for a development project to comply with the provisions of subsection C of this section, and the project disturbs an area less than 50 acres, written consent to the unmitigated impacts shall be obtained from the owner of every impacted downstream property. In addition, the development project shall comply with one of the following alternative requirements:
1.
The
project shall retain on-site, 100% of the stormwater volume from the
runoff of the ninety-fifth (95th) percentile, 24 hour rainfall event,
through infiltration, evapotranspiration, and/or harvest and use;
2.
The
runoff flow rate, volume, velocity, and duration for the project's
post-development condition shall not exceed the pre-development condition
for the two year, 24 hour rainfall event; or
3.
The
erosion potential ("Ep") in the receiving water channel shall approximate
one, as demonstrated by a hydromodification analysis study approved
by the director.
E.
If the director determines that it would be infeasible for a development project to comply with the provisions of subsection C of this section, and the project disturbs an area 50 acres or more, written consent to the unmitigated impacts shall be obtained from the owner of every impacted downstream property. In addition, the development project shall comply with one of the following alternative requirements:
1.
The
project shall infiltrate on-site at least the runoff from a two year,
24 hour rainfall event;
2.
The
runoff flow rate, volume, velocity, and duration for the project's
post-development condition shall not exceed the pre-development condition
for the two year, 24 hour rainfall events; or
3.
The
Ep in the receiving water channel shall approximate one, as demonstrated
by a hydromodification analysis study approved by the director.
(Ord. 5857 § 24, 2015)
A.
Compliance with the LID and hydromodification control standards of this chapter shall be shown through a LID plan review described in subsection B.
B.
The
applicant for any development project shall submit a LID plan to the
director for review and approval that provides a comprehensive, technical
discussion of how the development project will comply with this chapter
and the applicable provisions specified in the LID Standards Manual.
A fee to recover the costs associated with LID plan review shall be
required. The time for obtaining LID plan approval shall be as follows:
1.
For
any development project, the LID plan shall be approved prior to issuance
of a grading permit for such development project, or when no grading
permit is required, prior to the issuance of a building permit for
such development project, or when no grading or building permit is
required, prior to the commencement of any development activity or
as otherwise indicated in the non-discretionary land use approval.
(Ord. 5857 § 25, 2015)
Compliance with this chapter shall also require a development
project to satisfy the following:
B.
Ongoing
Maintenance.
1.
The
development project's LID and hydromodification control features shall
be maintained and shall remain operable at all times and shall not
be removed from the project site unless and until such features have
been replaced with other LID or hydromodification control features
in accordance with this chapter.
2.
Unless
excused by the director in his or her discretion, the owner of the
subject development project site shall prepare and obtain the director's
approval of an operation and maintenance plan and monitoring plan
for all LID practices and LID and hydromodification control features
incorporated into the project.
3.
The owner of the subject development project site shall record a covenant or agreement, approved as to form and content by the director, in the office of the Los Angeles County registrar-recorder/county clerk indicating that the owner of the subject development project site is aware of and agrees to the requirements in this subsection B. The covenant or agreement shall also include a diagram of the development project site indicating the location and type of each LID and hydromodification control feature incorporated into the development project. The time to record such covenant or agreement shall be as follows:
(Ord. 5857 § 26, 2015)
A.
Violation of any provision of this chapter, any low impact development requirement prevention plan or any permit issued pursuant to this chapter shall be a violation per Chapter 1.20.
B.
The
director of public works or an authorized city representative, may
issue notices of violation and administrative orders to achieve compliance
with the provisions of this chapter. Failure to comply with the terms
and conditions of such a notice of violation or an administrative
order shall constitute a violation of this chapter.
C.
The
remedies listed in this chapter are not exclusive of any other remedies
available to the city under applicable federal, state or local law
and it is within the discretion of the city to seek cumulative remedies.
D.
Whenever
necessary to make an inspection to enforce any provision of this chapter,
an authorized city representative may enter any property in the city
of Glendale in a manner authorized by state law. The inspection authority
pursuant to this section shall include the authority to enter, sample,
inspect, review records, copy records, and require regular reports
from industrial, commercial and construction facilities and sites,
with the potential to discharge pollution to the MS4.
E.
The
director of public works or an authorized city representative, may
issue notice of violation and administrative orders to any other person
who has failed to comply with either a notice of violation or other
administrative order an invoice for costs (invoice of cost) for reimbursement
of the city's actual costs incurred in issuing and enforcement of
any provision of this chapter.
F.
The
director of public works or an authorized city representative, may
require that any person engaged in any activity and/or owning or operating
any facility which may cause or contribute to stormwater pollution
or contamination, illicit discharges and/or discharge of non-stormwater
to the stormwater system, undertake such monitoring activities and/or
analysis and furnish such reports as the officer may specify. The
burden, including costs, of these activities, analysis and reports
shall bear a reasonable relationship to the need for the monitoring,
analysis and the benefits to be obtained.
(Ord. 5857 § 27, 2015)
The city council may establish fees to recover costs for complying
with the requirements of this chapter, including, but not limited
to, plan checking, cleanup and abatement fees, and industrial and
commercial inspection fees, which may be fixed and established from
time to time by resolution of the city council.
(Ord. 5857 § 28, 2015)
