Nothing in this chapter shall be interpreted to:
A.
Infringe
any right or power guaranteed by the California Constitution, including
any vested property right; or
B.
Require
any action inconsistent with any applicable and lawfully adopted general
plan, specific plan, plan amendment, vesting tentative map or building
code that conforms to the laws of California and the requirements
of this chapter; or
C.
Restrict
otherwise lawful land use except as authorized by the laws of California,
subject to the limitations of this chapter.
(Ord. 917-02 § 1)
A.
Standard
Urban Stormwater Mitigation. The planning and land development program
is a compliance component under municipal NPDES permit. Subject new
development and redevelopment projects are required to comply with
standard urban stormwater mitigation program (SUSMP) conditions assigned
by the city that shall consist of: (1) low impact development (LID)
structural and non-structural best management practices (BMPs); (2)
source control BMPs; and (3) structural and non-structural BMPs for
specific types of uses. LID controls effectively reduce the amount
of impervious area of a completed project site and promote the use
of infiltration and other controls that reduce runoff. Source control
BMPs prevent runoff contact with pollutant materials that would otherwise
be discharged to the MS4. Specific controls are also required to address
pollutant discharges from certain uses including, but not limited
to, housing developments, retail gasoline outlets, automotive-related
facilities, restaurants, and industrial and commercial facilities
where pollutant materials are disposed, stored, or handled.
B.
Stormwater
Management/Watershed Management Program. The city's stormwater management
program (SWMP) or watershed management program (WMP), whichever is
in effect at the time of review, is hereby incorporated by reference
and shall contain specific conditions and procedures for meeting planning
and land development program and SUSMP requirements. The program plans
shall reference guidance documents to facilitate compliance, including,
but not limited to, an updated Los Angeles County BMP guidebook, Los
Angeles County SUSMP guidance manual, Los Angeles County LID impact
design manual, and USEPA's Green Street guidance manual. These guidebooks
and manuals shall be made available for review by the public in the
public works department office.
C.
Applicability.
The following new development and redevelopment projects, termed "planning
priority projects," shall comply with the requirements of this chapter
and the municipal NPDES permit:
1.
All
development projects equal to one acre or greater of disturbed area
and adding more than ten thousand square feet of impervious surface
area;
2.
Industrial
parks ten thousand square feet or more of surface area;
3.
Commercial
malls ten thousand square feet or more of surface area;
4.
Retail
gasoline outlets five thousand square feet or more of surface area;
5.
Restaurants
(Standard Industrial Classification (SIC) 5812) five thousand square
feet or more of surface area;
6.
Parking
lots five thousand square feet or more of impervious surface area,
or with twenty-five or more parking spaces;
7.
Street
and road construction of ten thousand square feet or more of impervious
surface area;
8.
Automotive
service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539)
five thousand square feet or more of surface area;
9.
Redevelopment
projects in subject categories that meet redevelopment thresholds
identified in paragraph (12)(d) of this subsection;
10.
Projects located in or directly adjacent to, or discharging directly
to a significant ecological area (SEA), where the development will:
11.
Single-family hillside homes;
12.
Redevelopment projects;
a.
Land-disturbing activity that results in the creation or addition
or replacement of five thousand square feet or more of impervious
surface area on an already developed site on planning priority project
categories.
b.
Where redevelopment results in an alteration to more than fifty percent
of impervious surfaces of a previously existing development, and the
existing development was not subject to post-construction stormwater
quality control requirements, the entire project must be mitigated.
c.
Where redevelopment results in an alteration of less than fifty percent
of impervious surfaces of a previously existing development, and the
existing development was not subject to post-construction stormwater
quality control requirements, only the alteration must be mitigated,
and not the entire development.
d.
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.
e.
Existing single-family dwelling and accessory structures are exempt
from the redevelopment requirements unless such projects create, add,
or replace ten thousand square feet of impervious surface area.
13.
Any other project as deemed appropriate by the director of public
works.
(Ord. 917-02 § 1; Ord. 1098-14 § 2)
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this chapter,
unless clearly inapplicable. Words and phrases not ascribed a meaning
by this chapter shall have the meanings ascribed by "ORDER NO. 01-182
NPDES PERMIT NO CAS004001 WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL
STORMWATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF LOS ANGELES
AND THE INCORPORATED CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH"
(the "2001 Permit"), or other applicable NPDES permit, if defined
therein, and if not, by the STANDARD URBAN STORMWATER MITIGATION PLAN
FOR LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY approved by
the executive officer of the California Regional Water Quality Control
Board for the Los Angeles Region, on March 8, 2000, as modified by
the State Water Resources Control Board in Order WQ 2000-11, if defined
therein, and if not, by the regulations implementing the National
Pollutant Discharge Elimination System, Clean Water Act Section 402,
and Division 7 of the California Water Code, as they may be amended
from time to time, if defined therein.
means any development or redevelopment of an industrial/commercial
facility that creates at least one hundred thousand square feet of
impermeable area, including, but not limited to parking areas. (See
"Commercial development" and "Industrial/commercial facility" as defined
below.)
means a facility that is in any one of the following standard
industrial classification (SIC) codes: 5013, 5014, 5541, 7532-7534
or 7536-7539.
means any schedule of activities, prohibition of practices,
maintenance procedure, program, technology, process, siting criteria,
operational methods of measures, or other management practices or
engineered systems, which when implemented prevent, control, remove,
or reduce pollution. BMPs include structural and nonstructural controls
and operation and maintenance procedures which can be applied before,
during and after pollution-producing activities.
means any development on private land that is not residential
or a site of an industrial activity as defined in 40 C.F.R. Section
122.26(b)(14). "Commercial development" includes, but is not limited
to, hospitals, laboratories and other medical facilities, educational
institutions, recreational facilities, plant nurseries, multi-apartment
buildings, car wash facilities, mini-malls and other business complexes,
shopping malls, hotels, office buildings, public warehouses and other
light industrial complexes not within the scope of 40 C.F.R. Section
122.26(b)(14).
means constructing, clearing, grading, or excavation that
results in soil disturbance. Construction also includes structure
demolition. It does not include routine maintenance to maintain original
line and grade, hydraulic capacity, or original purpose of a facility;
emergency construction activities required immediately to protect
public health and safety; interior remodeling with no outside exposure
of construction material or construction waste to stormwater; mechanical
permit work; or sign permit work.
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 non-residential projects, including public
agency projects; or mass grading for future construction. See California
Public Resources Code Section 30106. It does not include routine maintenance
to maintain original line and grade, hydraulic capacity, or original
purpose of a facility, nor does it include emergency construction
activities required to protect immediately public health and safety.
means any parcel or part of any parcel within two hundred
feet of the contiguous zone required for continued maintenance, function,
or structural stability of an environmentally sensitive area.
means an area that is altered as a result of clearing, grading,
and/or excavation.
means an area in which plant or animal life or their habitats
are either rare or especially valuable because of their special nature
or role in an ecosystem and which would be disturbed or degraded by
human activities and developments. See California Public Resources
Code Section 30107.5. Areas subject to stormwater mitigation requirements
are: any area designated as Significant Ecological Areas by the County
of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles
County Department of Regional Planning (1976) and amendments); any
area designated as a Significant Natural Area by the California Department
of Fish and Game's Significant Natural Areas Program, provided that
the area has been field verified by the Department of Fish and Game;
any area listed in a basin plan as supporting the "rare, threatened,
or endangered species (RARE)" beneficial use; and any area identified
by the city as environmentally sensitive.
means any materials, wastes or mixture of wastes defined
as a "hazardous substance" or "hazardous waste" pursuant to the Resource
Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et
seq., the Comprehensive Environmental Response, Compensation and Liability
Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., or the Carpenter-Presley-Tanner
Hazardous Substance Account Act, ("HSAA"), California Health and Safety
Code Sections 25300, et seq., and all future amendments to any of
them, or as defined by the California Integrated Waste Management
Board. Where there is a conflict in the definitions employed by two
or more agencies having jurisdiction over hazardous or solid waste,
the term "hazardous waste" shall be construed to have the broader,
more encompassing definition.
means a parcel in an area with known erosive soil conditions,
where the development will require grading on any natural slope which
is twenty-five percent or greater and where grading will result in
cut or filled slopes.
means any facility which is the site of the production, manufacture,
storage, transportation, distribution, exchange or sale of goods and/or
commodities, and any facility involved and/or used in providing professional
and non-professional services. This category of facilities includes,
but is not limited to, any facility defined by the standard industrial
classifications (SIC). Facility ownership (federal, state, municipal,
private) and profit motive of the owner or operator of the facility
are not factors in this definition.
means the subdivision of land, or the construction of structures,
or other impervious surfaces, or both.
means an area or facility for the temporary parking or storage
of motor vehicles used personally or for business or commerce, which
contains five thousand square feet, or more, or twenty-five or more
parking spaces, and which is exposed to stormwater.
means land-disturbing activity that results in the creation,
addition, or replacement of five thousand 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 a routine maintenance activity; and land disturbing
activities 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 a facility where prepared food and beverages are sold
for consumption, including stationary lunch counters and refreshment
stands selling prepared food and beverages for immediate consumption.
(See SIC Code 5812). "Restaurant" does not include co-located stalls
or food counters in general purpose establishments such as markets
and grocery stores.
means any facility with five thousand or more square feet
of impervious surface and projected average daily traffic of one hundred
or more vehicles, where gasoline and lubricating oils are sold.
means an area that is determined to possess an example of
biotic resources that cumulatively represent biological diversity,
for the purposes of protecting biotic diversity, as part of the Los
Angeles County general plan or the city's general plan. Areas are
designated as SEAs, if they possess one or more of the following criteria:
The habitat of a rare, endangered or threatened plant or animal
species;
Biotic communities, vegetative associations, and habitats of
plant and animal species that are either one of a kind, or are restricted
in distribution on a regional basis;
Biotic communities, vegetative associations, and habitat of
plant and animal species that are either unique or are restricted
in distribution in Los Angeles County;
Habitat that at some point in the life cycle of a species or
group of species, serves as a concentrated breeding, feeding, resting,
migrating grounds and which is limited in availability either regionally
or within Los Angeles County;
Biotic resources that are of scientific interest because they
are either an extreme in physical/geographical limitations, or represent
an unusual variation in a population or community;
An area important as game species habitat or as fisheries;
An area that provides for the preservation of relatively undisturbed
examples of natural biotic communities in Los Angeles County;
Special areas; or
A significant natural area.
means an area defined by the California Department of Fish
and Game (DFG), significant natural areas program, as an area that
contains an important example of California biological diversity.
(The most current SNA maps, reports, and descriptions can be downloaded
from the DFG website at ftp://maphost.dfg.ca.gov/outgoing/whdab/sna/).
These areas are identified using the following biological criteria
only, irrespective of any administrative or jurisdictional considerations:
means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices
that aim to prevent stormwater pollution by reducing the potential
for contamination at the source of pollution. See also structural
BMP and treatment control BMP, below.
means a rainfall event that produces more than 0.1 inch of
precipitation separated from the previous storm event by at least
seventy-two hours of dry weather.
means industrial discharge as defined in 40 CFR Section 122.26(b)(14).
means any structural facility designed and constructed to
mitigate the adverse impacts of urban runoff pollution (e.g., a canopy,
structural enclosure). This category may include both treatment control
BMPs and source control BMPs.
means the "Los Angeles Countywide Standard Urban Stormwater
Mitigation Plan" adopted by the Regional Water Quality Control Board
for the Los Angeles Region by Resolution No. R-00-02, approving and
directing the Executive Officer of the RWQCB-LA to issue a Standard
Urban Stormwater Mitigation Plan for Municipal Stormwater And Urban
Runoff Management Programs in Los Angeles County, as modified by the
State Water Resources Control Board in Order WQ 2001-11, and as further
modified and reaffirmed by the California Regional Water Quality Control
Board for the Los Angeles Region, in "ORDER NO. 01-182 NPDES PERMIT
NO CAS004001 WASTE DISCHARGE REQUIREMENTS FOR MUNICIPAL STORMWATER
AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF LOS ANGELES AND THE
INCORPORATED CITIES THEREIN, EXCEPT THE CITY OF LONG BEACH" adopted
December 13, 2001 (the 2001 Permit).
means any subdivision where at least ten single-family or
multi-family dwelling units are to be developed.
means the use 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 absorption,
biodegradation, biological uptake, chemical oxidation and UV radiation.
means any engineered system designed to remove pollutants
by simple gravity setting of particulate pollutants, filtration, biological
uptake, media adsorption or any other physical, biological, or chemical
process.
(Ord. 917-02 § 1)
No new development shall increase the peak rate of discharge
of stormwater from the developed site if this increase would make
downstream erosion more probable.
(Ord. 917-02 § 1)
Unless inconsistent with vested rights, the site design for
all new development subject to this chapter, to the maximum extent
practicable, shall:
A.
Concentrate
or cluster new development on portions of the site while leaving the
remaining land in a natural undisturbed condition;
B.
Limit
clearing and grading of native vegetation to the minimum extent practicable,
consistent with the construction of lots, and to allow access and
provide fire protection;
C.
Preserve
riparian areas and wetlands.
(Ord. 917-02 § 1)
A.
The
best management practices listed in the Los Angeles County BMP guidebook,
the Los Angeles County Standard Urban Stormwater Mitigation Plan (SUSMP)
guidance manual, the Los Angeles County Low Impact Development (LID)
design manual, and USEPA's Green Street guidance manual shall be deemed
to be incorporated by reference and adopted by this city. These guidebooks
and manuals shall be made available for review by the public in the
public works department office.
B.
Stormwater
Pollution Control Requirements. The site for every planning priority
project shall be designed to control pollutants, pollutant loads,
and runoff volume to the maximum extent feasible by minimizing impervious
surface area and controlling runoff from impervious surfaces through
infiltration, evapotranspiration, bioretention and/or rainfall harvest
and use.
1.
A
new single-family hillside home development shall include mitigation
measures to:
a.
Conserve natural areas;
b.
Protect slopes and channels;
c.
Provide storm drain system stenciling and signage;
d.
Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope instability; and
e.
Direct surface flow to vegetated areas before discharge, unless the
diversion would result in slope instability.
2.
Street
and road construction of ten thousand square feet or more of impervious
surface shall follow USEPA guidance regarding Managing Wet
Weather with Green Infrastructure: Green Streets (December
2008 EPA-833-F-08-009) to the maximum extent practicable.
3.
The
remainder of planning priority projects shall prepare a SUSMP plan
subject to city review and approval to comply with the following:
a.
Retain stormwater runoff onsite for the stormwater quality design
volume (SWQDv) defined as the runoff from:
b.
Minimize hydromodification impacts to natural drainage systems as
defined in the municipal NPDES permit. Hydromodification requirements
are further specified in the SUSMP guidance manual and the LID impact
design manual.
c.
When, as determined by the city, one hundred percent onsite retention
of the SWQDv is technically infeasible, partially or fully, the infeasibility
shall be demonstrated in the submitted SUSMP plan. The technical infeasibility
may result from conditions that may include, but are not limited to:
i.
The infiltration rate of saturated in-situ soils is less than three-tenths-inch
per hour and it is not technically feasible to amend the in-situ soils
to attain an infiltration rate necessary to achieve reliable performance
of infiltration or bioretention BMPs in retaining the SWQDv onsite;
ii.
Locations where seasonal high groundwater is within five to ten feet
of surface grade;
iii.
Locations within one hundred feet of a groundwater well used
for drinking water;
iv.
Brownfield development sites or other locations where pollutant mobilization
is a documented concern;
v.
Locations with potential geotechnical hazards;
vi.
Smart growth and infill or redevelopment locations where the density
and/or nature of the project would create significant difficulty for
compliance with the onsite volume retention requirement.
d.
If partial or complete onsite retention is technically infeasible,
the project site may biofiltrate one and one-half times the portion
of the remaining SWQDv that is not reliably retained onsite. Biofiltration
BMPs must adhere to the design specifications provided in the municipal
NPDES permit.
Additional alternative compliance options such as offsite infiltration
may be available to the project site. The project site should contact
the city to determine eligibility. Alternative compliance options
are further specified in the SUSMP guidance manual and the LID impact
design manual.
e.
The remaining SWQDv that cannot be retained or biofiltered onsite
must be treated onsite to reduce pollutant loading. BMPs must be selected
and designed to meet pollutant-specific benchmarks as required per
the municipal NPDES permit. Flow-through BMPs may be used to treat
the remaining SWQDv and must be sized based on a rainfall intensity
of:
(Ord. 917-02 § 1; Ord. 1098-14 § 3)
Best management practices used on slopes or channels in new
development or redevelopment subject to this chapter shall:
A.
Convey
runoff from tops of slopes;
B.
Eliminate
or reduce flow to natural drainage systems, and for flows which cannot
be eliminated, utilize natural drainage systems, rather than artificial
drainage systems, to the maximum extent practicable;
C.
Stabilize
soil at permanent channel crossings;
D.
Vegetate
slopes with native or drought tolerant species known to control erosion;
and
E.
Dissipate
concentrated flows before they enter unlined channels.
(Ord. 917-02 § 1)
In the project area of new development or redevelopment subject
to this chapter, a notice that dumping in storm drains and catch basins
is illegal shall be:
A.
Stenciled
in paint or other permanent means at all storm drain inlets and catch
basins within the project area;
B.
Posted
at all known public accesses to natural or artificial drainage channels
within the project area; and
C.
Maintained
to preserve the sign.
(Ord. 917-02 § 1)
A.
All
materials stored outdoors in new development or redevelopment subject
to this chapter which, if exposed to stormwater, reasonably may be
expected to add pollutants to stormwater, shall be isolated from contact
with stormwater by:
(Ord. 917-02 § 1)
Except where they serve only single-family residences, solid
waste containers in new development or redevelopment subject to this
chapter shall be placed between collections in areas that:
A.
Are
isolated from contact with stormwater flows originating outside the
storage area; and
B.
Are
surrounded with a barrier sufficient to prevent all trash from being
transported out of the storage area, except during collection.
(Ord. 917-02 § 1)
A.
Every
person applying to the city for approval of any new development or
redevelopment subject to this chapter, as part of that application,
shall agree in writing to maintain any structural or treatment control
best management practice to be implemented in that development through
means such as a covenant running with the land such as covenants,
conditions and restriction, (commonly known as CC&Rs), CEQA mitigation
measures, a conditional use permit, enforceable conditions of approval,
or other legal agreement (collectively "agreement").
(Ord. 917-02 § 1)
In any one hundred thousand square foot industrial/commercial
facility or in any automotive service facility, in new development
or redevelopment subject to this chapter the design of any outdoor
loading dock area shall:
A.
Use
an overhead covering that prevents the entry of stormwater; or
B.
Prevent
the entry of stormwater by diverting it away; and
C.
Not
conduct stormwater from any truck well directly into a storm drain
system.
(Ord. 917-02 § 1)
In any one hundred thousand square foot industrial/commercial
facility or in any automotive service facility, in new development
or redevelopment subject to this chapter repair or maintenance bays
shall:
A.
Prevent
the entry of stormwater by diverting it away or by locating such bays
indoors; and
B.
Use
a drainage system that collects all water from washing and from leaks
or spills and stores the water in a sump for disposal; and
C.
Does
not conduct stormwater from the bay directly to a storm drain system.
(Ord. 917-02 § 1)
Each wash area for motor vehicles or equipment in any new development
or redevelopment subject to this chapter shall use:
A.
An
adequate overhead covering; and
B.
A device
that clarifies or otherwise pretreats all wash water; and
C.
A drain
conducting all treated wash water to a sanitary sewer.
(Ord. 917-02 § 1)
Each restaurant in any new development or redevelopment subject
to this chapter shall include an area for the washing or cleaning
of equipment, which:
(Ord. 917-02 § 1)
All fuel dispensing areas in any retail gasoline outlet subject
to this chapter shall:
B.
Be
paved with a material, other than asphaltic concrete, that is impermeable
to water and has a smooth surface with a slope of not less than two
percent but not more than four percent;
C.
Be
separated from the rest of the site by a grade break that, to the
maximum extent practical, prevents stormwater from entering the fueling
area; and
D.
Extend
outward at least six and one-half feet from the outermost corner of
any fuel dispenser, or a distance one foot greater than the combined
length of the dispensing hose and nozzle, whichever distance is less.
(Ord. 917-02 § 1)
Owners and operators of parking lots in any new development
or redevelopment subject to this chapter shall minimize offsite transport
of pollutants to the maximum extent practical by using the following
BMPs:
A.
Minimize
impervious land coverage;
B.
Provide
effective treatment or infiltration of stormwater before it is discharged
into storm drains; and
C.
Use
operational and maintenance measures to remove heavy metals, oil and
grease and polycyclic aromatic hydrocarbons.
(Ord. 917-02 § 1)
On and after the effective date of this chapter, all projects
for development or redevelopment not requiring a SUSMP which have
the potential to have adverse impacts on post-development stormwater
flows from the site, shall include the submission of a site-specific
plan adequate to mitigate post development stormwater quality if the
project has any one or more of the following characteristics:
A.
A vehicle
or equipment fueling area;
B.
A vehicle
or equipment maintenance area, including washing and repair;
C.
Any
commercial or industrial waste handling or storage area;
D.
An
area for outdoor handling or storage of hazardous materials, as defined
in this chapter;
E.
An
outdoor manufacturing area;
F.
An
area where outdoor food handling or processing occurs;
G.
An
area where outdoor animal care, confinement or slaughter occurs; or
H.
An
area of outdoor horticultural activity.
(Ord. 917-02 § 1)
B.
The
remedies specified in this chapter shall not exclude any other legal
remedy that may be available to the city.
(Ord. 917-02 § 1; Ord. 1020-09 § 12)
A.
The
director of public works and such officers as the director may designate
shall enforce the provisions of this chapter.
B.
As
necessary, these officers may, at a reasonable time and in a manner
authorized by the laws of California, enter and make inspections on
any property regulated under this chapter.
(Ord. 917-02 § 1)
The city council may establish and fix the amount of fees for
services provided under this chapter, as authorized under Sections
66016 and 66018 of the California Government Code.
(Ord. 917-02 § 1)
A.
Any
person required under this chapter to implement a structural or treatment
control best management practice may petition to the city council
to waive that requirement as impractical, provided the petitioner
has in good faith considered and rejected as not feasible all such
practices available.
B.
The
city council may waive a structural or treatment control best management
practice as impractical if the city council finds that:
(Ord. 917-02 § 1)
