HomeMy Public PortalAboutOrd. 1671ORDINANCE NO. 1671
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
AMENDING CHAPTER 14 -13, STANDARD URBAN STORM WATER MITIGATION
PLAN FOR STORM WATER POLLUTION CONTROL MEASURES FOR
DEVELOPMENT PLANNING AND CONSTRUCTION ACTIVITIES, BY IMPOSING
RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS
THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS
WHEREAS, the City of Lynwood City Council has previously adopted
Ordinances 1443, 1500, 1636, and 1650 in response to requirements of prior Municipal
Separate Storm Sewer System (MS4 or National Pollutant Discharge Elimination
System (NPDES)) Permits; and
WHEREAS, additional changes to the Lynwood Municipal Code will be required
to comply with the MS4 Permit requirements ( as outlined in the California Regional
Water Quality Control Board -Los Angeles Region Order No. R4- 2012 -0175) including
but not limited to, enforcement of restrictive water quality criteria, and new regulations
directed at achieving receiving water beneficial use objectives, that the City must
anticipate shall be more strictly enforced 'in the immediate future; and
WHEREAS, the new MS4 Permit includes provisions and measures outlining
significant fines and penalties for municipal non - compliance with its requirements; and
WHEREAS, is it the intent of the City to expand the applicability of the existing
Low Impact Development (LID) requirements by providing stormwater and urban runoff
LID strategies for all projects for Development and Redevelopment projects as defined
under "Applicability "; and
WHEREAS, adopting this ordinance reduces potential environmental and public
health and safety risks for the residential and business communities of the City of
Lynwood; and-
WHEREAS, the specified amendments to this chapter of the Lynwood Municipal
Code will facilitate compliance with the latest MS4 Permit by the City of Lynwood, its
residents and businesses; and
WHEREAS, the specified amendments to this chapter of the Lynwood Municipal
Code will result in improved staff efficiency in anticipating and complying with these
changing water quality initiatives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14 =13 of the Lynwood Municipal Code is hereby amended
in its entirety to read as follows:
"Chapter 14 -13 — STORM WATER AND URBAN RUNOFF
POLLUTION AND CONVEYANCE CONTROLS
14 -13.1 Purpose And Intent:
a. The purpose of this chapter is to ensure the future health, safety and
general welfare of the citizens of the City and the water quality of the receiving waters of
the County of Los Angeles and surrounding coastal areas by:
1. Reducing pollutants in stormwater discharges to the maximum
extent practicable;
2. Regulating illicit connections and illicit discharges and reducing the
level of contamination of stormwater and urban runoff in the municipal stormwater
system; and
3. Regulating non - stormwater discharges to the municipal stormwater
system.
b. The intent of this chapter is to protect and enhance the quality of
watercourses, water bodies, and wetlands within the City in a manner consistent with
the federal Clean Water Act, the California Porter - Cologne Water Quality Control Act
and the Municipal NPDES Permit.
C. This chapter is also intended to provide the City with the legal authority
necessary to control discharges to and from those portions of the municipal stormwater
system over which it has jurisdiction as required by the Municipal NPDES Permit, and
fully and timely comply with the terms of the Municipal NPDES Permit while the
Watershed Management Program is being developed by the permittees under the
Municipal NPDES Permit, and in contemplation of the subsequent amendment of this
chapter or adoption by the City of additional provisions of this chapter to implement the
subsequently adopted Watershed Management Program, or other programs developed
under the Municipal NPDES Permit.
d. This chapter also sets forth requirements for the construction and
operation of certain commercial development, new development and redevelopment
and other projects (as further defined herein) which are intended to ensure compliance
with the stormwater mitigation measures prescribed in the current MS4 Permit This
chapter authorizes the Director to define and adopt applicable best management
practices and other stormwater pollution control measures, as provided herein, to carry
out all inspections including entering entities discharging to the MS4, conduct
surveillance, conduct monitoring, cite infractions and to impose fines pursuant to this
chapter. Except as otherwise provided herein, the Director shall administer, implement
and enforce the provisions of this section.
e. The City Council shall approve and enter into interagency agreements as
deemed necessary by the City Council to control the contribution of pollutants of the
shared MS4.
14 -13.2 Definitions: .
Except as specifically provided herein, any term used in this chapter shall be
defined as that term is defined in the Municipal NPDES Permit, or if it is not specifically
defined in the Municipal NPDES Permit, then as such term is defined in the Federal
Clean Water Act, as amended, or the regulations promulgated thereunder. If the
definition of any term contained in this section conflicts with the definition of the same
term in the Municipal NPDES Permit, then the definition contained in the Municipal
NPDES Permit shall govern. The following words and phrases shall have the following
meanings when used in this chapter:
"Area susceptible to runoff' means any surface directly exposed to precipitation
or in the path of runoff caused by precipitation which path leads off the parcel on which
the surface is located.
"Automotive service facilities" means a facility that is categorized in any one of
the following Standard Industrial Classification (SIC) and North American Industry
Classification System (NAICS) codes. For inspection purposes, Permittees need not
inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532 -7534, and 7536 -7539
provided that these facilities have no outside activities or materials that may be exposed
to stormwater.
"Best Management Practices (BMP)" 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. Examples of BMPs
may include public education and outreach, proper planning of development projects,
proper cleaning of catch basin inlets, and proper sludge- or waste - handling and
disposal, among others.
"Biofiltration" means a LID BMP that reduces stormwater pollutant discharges by
intercepting rainfall on vegetative canopy, and through incidental infiltration and /or
evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving
the required pollutant load reduction. Therefore, the term "biofiltration" as used in this
chapter is defined to include only systems designed to facilitate incidental infiltration or
achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain
(subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs
include bioretention systems with an underdrain and bioswales.
"Bioretention" means a LID BMP that reduces stormwater runoff by intercepting
rainfall on vegetative canopy, and through evapotranspiration and infiltration. The
bioretention system typically includes a minimum 2 -foot top layer of a specified soil and
compost mixture underlain by a gravel- filled temporary storage pit dug into the in -situ
soil. As defined in this Ordinance, a bioretention BMP may be designed with an
overflow drain, but may not include an underdrain. When a bioretention BMP is
designed or constructed with an underdrain it is regulated by the Municipal NPDES
Permit as biofiltration.
"Bioswale" means a LID BMP consisting of a shallow channel lined with grass or
other dense, low- growing vegetation. Bioswales are designed to collect stormwater
runoff and to achieve a uniform sheet flow through the dense vegetation for a period of
several minutes.
"City" means the City of Lynwood, California.
"Clean Water Act" (CWA) means the Federal Water Pollution Control Act
enacted in 1972, by Public Law 92 -500, and amended by the Water Quality Act of 1987.
The Clean Water Act prohibits the discharge of pollutants to Waters of the United States
unless the discharge is in accordance with an NPDES permit.
"Commercial development" means any development on private land that is not
heavy industrial or residential. The category includes, but is not limited to: hospitals,
laboratories and other medical facilities, educational institutions, recreational facilities,
plant nurseries, car wash facilities, mini - malls and other business complexes, shopping
malls, hotels, office buildings, public warehouses and other light industrial complexes.
"Commercial Malls" 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.
"Construction" means any construction or demolition activity, clearing, grading,
grubbing, or excavation or any other activity that result in land disturbance.
Construction does not include emergency construction activities required to immediately
protect public health and safety or routine maintenance activities required to maintain
the integrity of structures by performing minor repair and restoration work, maintain the
original line and grade, hydraulic capacity, or original purposes of the facility. See
"Routine Maintenance" definition for further explanation. Where clearing, grading or
excavating of underlying soil takes place during a repaving operation, State General
Construction Permit coverage by the State of California General Permit for Storm Water
Discharges Associated with Industrial Activities or for Stormwater Discharges
Associated with Construction Activities is required if more than one acre is disturbed or
the activities are part of a larger plan.
"Control" means to minimize, reduce, eliminate, or prohibit by technological,
legal, contractual or other means, the discharge of pollutants from an activity or
activities.
"Development" 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.
"Directly adjacent" means situated within two hundred (200) feet of the
contiguous zone required for the continued maintenance, function, and structural
stability of the environmentally sensitive area.
"Director" means the City's Director of Public Works or his or her designee.
"Discharge" means when used without qualification the discharge of a pollutant.
"Discharge of a pollutant" means any addition of any pollutant or combination of
pollutants to waters of the United States from any point source or, any addition of any
pollutant or combination of pollutants to the waters of the contiguous zone or the ocean
from any point source other than a vessel or other floating craft which is being used as a
means of transportation. The term discharge includes additions of pollutants into waters
of the United States from: surface runoff which is collected or channeled by a state,
municipality, or other person which do not lead to treatment works; and discharges
through pipes, sewers, or other conveyances, leading into privately owned treatment
works.
"Discharging" directly means outflow from a drainage conveyance system that is
composed entirely or predominantly of flows from the subject, property, development,
subdivision, or industrial facility, and not commingled with the flows from adjacent lands.
"Discretionary project" is defined in the same manner as Section 15357 of the
Guidelines for Implementation of the California Environmental Quality Act contained. in
Title 14 of the California Code of Regulations, as amended, and means a project which
requires the exercise of judgment or deliberation when the City decides to approve or
disapprove a particular activity, as distinguished from situations where the City merely
has to determine whether there has been conformity with applicable statutes,
ordinances or regulations.
"Disturbed area" means an area that is altered as a result of clearing, grading,
and /or excavation.
"Environmentally Sensitive Area" (ESA) 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 easily disturbed or degraded by human
activities and developments (California Public Resources Code § 30107.5). Areas
subject to storm water mitigation requirements are areas 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);
an area designated as a Significant Natural Area by the California Department of Fish
and Games Significant Natural Areas Program, provided that area has been field
verified by the Department of Fish and Game; an area listed in the Basin Plan as
supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and
an area identified by the City as environmentally sensitive.
"Flow- through treatment BMPs" means a modular, vault type "high flow
biotreatment" devices contained within an impervious vault with an underdrain or
designed with an impervious liner and an underdrain.
"Full Capture System" means any single device or series of devices, certified by
the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a
design treatment capacity of not less than the, peak flow rate Q resulting from a one -
year, one -hour storm in the sub - drainage area.
"Good housekeeping practices" means common practices related to the storage,
use or cleanup of materials, performed in a manner that minimizes the discharge of
pollutants. Examples include, but are not limited to, purchasing only the quantity of
materials to be used at a given time, use of alternative and less environmentally harmful
products, cleaning up spills and leaks, and storing materials in a .manner that will
contain any leaks or spills.
"General Construction Activities Storm Water Permit" (GCASP) means the
general NPDES permit adopted by the State Board which authorizes the discharge of
stormwater from construction activities under certain conditions.
"General Industrial Activities Storm Water Permit" (GIASP) means the general
NPDES permit adopted by the State Board which authorizes the discharge of
stormwater from certain industrial activities under certain conditions.
"Green Roof' 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 a 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.
"Hillside" means property located in an area with known erosive soil conditions,
where the development contemplates grading on any natural slope that is twenty -five
percent (25 %) or greater and where grading contemplates cut or fill slopes.
"Illicit connection" means any human -made conveyance that is connected to the
storm drain system without a permit, excluding gutters, roof - drains and other similar
connections. Examples include channels, pipelines, conduits, inlets or outlets that are
connected directly to the storm drain system.
"Illicit discharge means any discharge to the storm drain, system that is
prohibited under local, state or federal statutes, ordinances, codes or regulations. This
includes all non - stormwater discharges except discharges pursuant to a separate
NPDES permit and discharges that are exempted or conditionally exempted in
accordance with Part III the Municipal NPDES permit.
"Industrial /Commercial Facility" means any facility involved and /or used in 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 either the Standard Industrial Classifications (SIC)
or the North American Industry Classification System (NAICS). Facility ownership
(federal, state, municipal, private) and profit motive of the facility are not factors in this
definition.
"Industrial Park" means 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.
"Infiltration BMP" means a LID BMP that reduces stormwater runoff by capturing
and infiltrating the runoff into in -situ soils or amended onsite soils. Examples of
infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
"Infiltration" means the downward entry of water into the surface of the soil.
"Low Impact Development" (LID) consists of building and landscape features
designed to retain or filter stormwater runoff.
"Material" means any substance including, but not limited to: garbage and debris;
lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and
sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid
containing chemicals.
"Municipal NPDES Permit" means the Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles,
.and the Incorporated Cities Therein, Except the City of Long Beach (Order No. R4-
2012- 0175), NPDES Permit No. CAS00401, issued by the California Regional Water
Quality Control Board —Los Angeles Region, and any successor permit to that permit.
"Municipal Separate Storm Sewer System" (MS4) means a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under State law such as a sewer district, flood control district
or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under section 208 of
the CWA that discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR Section 122.2.
"New development" means land - disturbing activities; structural development,
including construction or installation of a building or structure, creation of impervious
surfaces; and land subdivision.
"Non - stormwater discharge" means any discharge to a municipal stormwater
system that is not composed entirely of stormwater.
" NPDES permit" means any waste discharge requirements issued by the
Regional Board or the State Water Resources Control Board in the form of an NPDES
permit pursuant to Water Code Section 13370 (other than the Municipal NPDES
Permit).
"Outfall" means a point source as defined by 40 CFR 122.2 at the point where a
municipal separate storm sewer discharges to waters of the United States and does not
include open conveyances connecting two municipal separate storm sewers, or pipes,
tunnels or other conveyances with connect segments of the same stream or other
waters of the United Sates and are used to convey waters of the United States. (40
CFR Section 122.26(b)(9)).
"Parking lot" means land area or a facility for the parking or storage of motor
vehicles used for businesses, commerce, industry or personal use' with a lot size of five
thousand (5,000) square feet or more of surface area, or with twenty -five (25) or more
parking spaces.
"Planning priority projects" means those projects specified in Section 14- 13.3(c)
of this chapter that are required to incorporate appropriate storm water mitigation
measures into the design plan for their respective projects. -
"Pollutant" means those pollutants defined in Section 502(6) of the federal Clean
Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code
Section 13373. Examples of pollutants include, but are not limited to the following:
1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic
pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge);
2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium, and
nonmetals such as phosphorus and arsenic;
3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
4. Excessive eroded soils, sediment and particulate, materials in amounts which
may adversely affect the beneficial use of the receiving waters, flora or fauna of the
state;
5. Animal wastes (such as discharge from confinement facilities, kennels, pens,
recreational facilities, stables and show facilities);
6. Substances having characteristics such as pH less than six or greater than nine,
or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal
streptococcus, or enterococcus;
The term "pollutant" shall not include uncontaminated stormwater, potable water
or reclaimed water generated by a lawfully permitted water treatment facility.
"Project" means all development, redevelopment, and land disturbing activities.
The term is not limited to "Project" as defined under CEQA (California Public Resources
Code Section 21065).
"Rainfall Harvest and Use" means a LID BMP system designed to capture runoff,
typically from a roof but can also include runoff capture from elsewhere within the site,
and to provide for temporary storage until the harvested water can be used for irrigation
or non - potable uses. The harvested water may also be used for potable water uses if
the system includes disinfection treatment and is approved for such use by the local
building department.
"Receiving Water" means "water of the United States" into which waste and /or
pollutants are or may be discharged.
"Redevelopment" means land- disturbing activity that result 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.
"Regional Board" means the California Regional Water Quality Control Board —
Los Angeles Region.
"Restaurant" means a facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands selling
prepared foods and drinks for immediate consumption. (Standard Industrial
Classification Code 5812).
"Retail gasoline outlet" means any facility engaged in selling gasoline and
lubricating oils.
"Routine Maintenance" includes; but is not limited to, projects conducted to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the
facility.
2. Perform as needed restoration work to preserve the original design grade,
integrity and hydraulic capacity of flood control facilities.
3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders
and performing ditch cleanouts.
4. Update existing lines and facilities, which include replacing existing lines with
new materials or pipes, to comply with applicable codes, standards, and regulations
regardless if such projects result in increased capacity.
5. Repair leaks.
Routine maintenance does not include construction of new lines or facilities resulting
from compliance with applicable codes, standards and regulations.
"Runoff" means any runoff including storm water and dry weather flows from a
drainage area that reaches a receiving water body or subsurface. During dry weather it
is typically comprised of base flow either contaminated with pollutants or
uncontaminated, and nuisance flows.
"Significant Ecological Areas" (SEAs) 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 Areas are designated as SEAs, if they possess one or more of the
following criteria:
1. The habitat of rare, endangered, and threatened plant and animal species.
2. Biotic communities, vegetative associations, and habitat of plant and animal
species that are.either one of a kind, or are restricted in distribution on a regional basis.
3. Biotic communities, vegetative associations, and habitat of plant and animal
species that are either one of a kind or are restricted in distribution in Los Angeles
County.
4. 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 is limited
in availability either regionally or within Los Angeles County.
5. 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.
6. Areas important as game species habitat or as fisheries.
7. Areas that would provide for the preservation of relatively undisturbed
examples of natural biotic communities in Los Angeles County.
8. Special areas.
"Site" means the land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the facility or
activity.
"Source control BMP" means any schedule of activities, prohibition 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.
"Standard urban stormwater mitigation plan" (SUSMP) means a report submitted
by an applicant for approval by the Director prior to issuance of a building, grading,
planning or similar permit outlining the necessary LID requirements and BMPs which
must be incorporated into design plans for development or redevelopment projects.
"Storm Drain System" means any facility or any parts of the facility, including
streets, gutters, conduits, natural or artificial drains, channels and watercourse that are
used for the purpose of collecting, storing, transporting or disposing of stormwater and
are located within the City.
" Stormwater runofr' means that part of precipitation (rainfall) which travels via
flow across a surface to the MS4 or receiving waters from impervious, semi- pervious or
pervious surfaces. When all other factors are equal, runoff increases as the
perviousness of a surface decreases.
"Structural BMP" means any structural facility designed and constructed to
mitigate the adverse impacts of stormwater and urban runoff pollution (e.g. canopy,
structural enclosure). Structural BMPs may include both treatment control, BMPs and
source control BMPs.
"Treatment" 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.
"Treatment control BMP" means any engineered system designed to remove
pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake,
media adsorption or any other physical, biological or chemical process.
"Urban runoff' means surface water flow produced by non - stormwater resulting
from residential, commercial and industrial activities involving the use of potable and
nonpotable water.
14 -13.3 Standard Urban Stormwater Mitigation Plan (SUSMP) And Low Impact
Development (LID) Requirements For New Development and Redevelopment
projects.
a. Objective- Pursuant to Part VI.D.7.b of the Municipal NPDES Permit, the
provisions of this section establish requirements for construction activities and facility
operations of development and redevelopment projects to comply with the current
Municipal NPDES Permit to lessen the water quality impacts of development by using
smart growth practices .and integrate LID practices and standards for stormwater
pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and
rainfall harvest and use. Except as otherwise provided herein, the City shall administer,
implement and enforce the provisions of this section.
b. Scope- This section contains requirements for stormwater pollution control
measures in development and redevelopment projects and authorizes the City to further
define and adopt stormwater pollution control measures, and to develop LID principles
and requirements, including but not limited to the objectives and specifications for
integration of LID strategies. As specified in this section, certain Planning Priority
Projects shall meet the requirements of this section through the preparation and
submittal of a standard urban stormwater mitigation plan (SUSMP), which shall include
the applicable LID requirements set forth in this section as an element of the SUSMP.
C. Applicability — Planning Priority Projects: The following development and
redevelopment projects shall be designated as Planning Priority Projects, which are
subject to City conditioning and approval for the design and implementation of post -
construction controls to mitigate storm water pollution prior to completion of the projects,
and shall meet the requirements of this section:
New Development Projects.
A. All -development projects equal to one (1) acre or greater of
disturbed area that adds more than 10,000 square feet of
impervious surface area.
B. Industrial parks 10,000 square feet or more of surface area.
C. Commercial malls 10,000 square feet or more of surface area.
D. Retail gasoline outlets with 5,000 square feet or more of surface
area.
E. Restaurants (Standard Industrial Classification (SIC) of 5812)
with 5,000 square feet or more of surface area.
F. Parking lots with 5,000 square feet or more of impervious
surface area, or with 25 or more parking spaces.
G. Streets and roads construction of 10,000 square feet or more of
impervious surface area. Street and road construction applies
to standalone streets, roads, highways, and freeway projects,
and also applies to streets within larger projects.
H. Automotive service facilities (Standard Industrial Classification
(SIC) of 5013, 5014, 5511, 5541, 7532 -7534 and 7536 -7539)
5,000 square. feet or more of surface area.
I. , Projects located in or directly adjacent to, or discharging directly
to a Significant Ecological Areas (SEA), where the development
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.
iii. Single- family hillside homes.
2. Redevelopment Projects
A. Land disturbing activity that results in the creation or addition or
replacement of 5,000 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 10,000 square feet of
impervious surface area.
Specific 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, bioretentiori and%or rainfall harvest and use. In
addition, the following specific requirements apply:
1. New Single - Family Hillside Homes. A new single - family hillside home
development project 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 10,000 square feet or more. Street
and road construction of 10,000, square feet or more of impervious
surface shall follow the City's Green Street Manual developed by the
Director and approved by City Council Resolution. The City's Green
Street Manual shall be based on the City of Lynwood's Green Streets
Manual.
3. The remainder of Planning Priority Projects shall prepare a SUSMP to
comply with the following:
A. Retain stormwater runoff onsite for the Stormwater Quality
Design Volume (SWQDv) defined as the runoff from:
i. The 85th percentile 24 -hour runoff event as determined from
the Los Angeles County 85th percentile precipitation
isohyetal map; or
ii. The volume of runoff produced from a 0.75 inch, 24 -hour
rain event, whichever is greater.
B. Minimize hydromodification impacts to natural drainage systems
as defined in the Municipal NPDES Permit.
C. To demonstrate technical infeasibility,. the project applicant must
demonstrate that the project cannot reliably retain 100 percent
of the SWQDv on -site, even with the maximum application of
green roofs and rainwater harvest and use, and that compliance
with the applicable post- construction requirements would be
technically infeasible by submitting a site - specific hydrologic
and /or design analysis conducted and endorsed by a registered
professional engineer, geologist, architect, and /or landscape
architect. Technical infeasibility may result from conditions
including the following:
The infiltration rate of saturated in -situ soils is less than 0.3
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.
Locations where seasonal high groundwater is within five to
ten feet of surface grade;
iii. Locations within 100 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 1.5 times the portion of the remaining SWQDv that is not
reliably retained onsite. Biofiltration BMPs must adhere to the design
specifications provided in Municipal NPDES Permit.
i. Additional alternative compliance options such as offsite infiltration and
groundwater replenishment projects may be available to the project
Site. The project Site should contact the Department of Public Works
to determine eligibility.
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:
i. 0.2 inches per hour, or
ii. The one year, one -hour rainfall intensity as determined from the most
recent Los Angeles County isohyetal map, whichever is greater.
e. Verify Maintenance of BMPs: If a project applicant has included or is required to
include structural or treatment control BMPs in project plans, the applicant shall provide
verification of maintenance provisions. The verification shall include the applicant's
signed statement, as part of its project application, accepting responsibility for all
structural and treatment control BMP maintenance until such time, if any, the property is
transferred.
f. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of
occupancy for a Planning Priority Project identified in this section, the Director shall
require facility operators and /or owners to build all the stormwater pollution control
BMPs and structural or treatment control BMPs that are shown on the approved project
plans and to submit a signed certification statement stating that the site and all
structural or treatment control BMPs will be maintained in compliance with the SUSMP
and other applicable regulatory requirements.
g. Transfer of Properties Subject to Requirement for Maintenance of Structural and
Treatment Control BMPs:
1. The transfer or lease of a property, subject to a requirement for
maintenance of structural and treatment control BMPs shall include
conditions requiring the transferee and its successors and assigns to
either (a) assume responsibility for maintenance of-any existing structural
or treatment control BMP or (b) to replace an existing structural or
treatment control BMP with new control measures or BMPs meeting the
then current standards of the City and the SUSMP. Such requirement
shall be included in any sale or lease agreement or deed for such
property. The condition of transfer shall include a provision that the
successor property owner or lessee conduct maintenance inspections of
all structural or treatment control BMPs at least once a year and retain
proof of inspection.
2. For residential properties where the structural or treatment, control BMPs
are located within a common area which will be maintained by a
homeowners association, language regarding the responsibility for
maintenance shall be included in the projects conditions, covenants and
restrictions (CC &Rs). The transfer of this information shall also be
required with any subsequent sale of the property.
3. If structural or treatment control BMPs are located within an area
proposed for dedication to a public agency, said BMPs shall be the
responsibility of the developer until the dedication is accepted by the
public agency.
14 -13.4 Authority:
a. Define And Adopt. The public works director /city engineer shall have the authority
to define and adopt a standard urban storm water mitigation plan and development best
management practices necessary to control storm water pollution from new
developments and facility operations to the maximum extent practicable pursuant to the
Municipal NPDES Permit.
b. Requirements: The public works director /city engineer shall have the authority to
withhold grading and /or building permits for developments until:
1. The applicant incorporates into the development; best management
practices necessary to control storm water pollution in accordance with the
Municipal NPDES Permit.
2. The City of Lynwood receives a covenant and agreement, signed by the
owner(s) of the property and recorded by the Los Angeles County
recorder, declaring that the best management practices necessary to
control storm water pollution shall be installed and /or constructed and
maintained in proper working conditions at all times.
3. The City of Lynwood receives from a certified and registered civil
engineer, plans that depict specific best management practices
incorporated into a project that identify storm water pollution prevention
measures, during and after construction.
14 -13.5 Supplemental Provisions:
Provisions of this section shall be complementary to, not.replaced by, any requirements
for storm water mitigation existing under the California Environmental Quality Act.
14 -13.6 Authority To Inspect And Enforce Storm Water Pollution Control
Measures:
a. Notwithstanding the provisions of the grading or building permit, noncompliance
with any provisions of this section, or the required covenant and agreement shall be
considered an infraction. Each day of noncompliance may be considered a separate
violation. Such infraction penalties are set forth by City Council resolution, as amended
from time to time.
b. Whenever it is necessary to make an inspection to enforce or verify compliance
with any storm water control provisions, as imposed by this section, the public works
director /city engineer and /or his authorized representatives are hereby authorized to
enter such property at any reasonable time to inspect for compliance with best
management practices and perform any duty imposed by this section or other
applicable law.
Section 2. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of the proceedings of the City Council at which the same is passed and adopted. This
ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it
to be published in a newspaper of general circulation.
Section 3. If any provision of this Ordinance is found to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
remaining provisions of this Ordinance, which are declared to be severable.
First read at a regular meeting of the City Council held on the 6th day of May, 2014 and
adopted and ordered published at a regular meeting of said Council on the 20th day of
May, 2014.
PASSED, APPROVED and ADOPTED this 20th day of May, 2014.
ATTEST:
Maria Quinonez, y Clerk
APPROVED AS FOR FORM:
David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
Sarah M. With&r , City Manager
milio Murga, P rector
Public Work ity Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at
its regular meeting held on the 20th day of May, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, HERNANDEZ AND
CASTRO '
NOES: NONE
ABSENT: COUNCIL MEMBER SANTILLAN -BEAS
ABSTAIN: NONE
Maria Quinonez, it lerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy
of Ordinance No. 1671 in my office and that said Ordinance was adopted on the date
and by the vote therein stated. Dated this 20th day of May, 2014.