HomeMy Public PortalAboutCity Council_Ordinance No. 23-1072_Amending Title 8 and Section 9-1N-10 of the TCMC_5/2/2023_RegularORDINANCE NO. 23-1072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 8
(STORMWATER POLLUTANT ELIMINATION) AND SECTION 9-
1N-10 (LOW IMPACT DEVELOPMENT STANDARDS AND
GREEN STREETS) OF THE TEMPLE CITY MUNICIPAL CODE
TO COMPLY WITH THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) PERMIT
WHEREAS, the City is authorized by Article XI, Section 5 and Section 7 of the State
Constitution to exercise the police power of the State by adopting regulations to promote public
health, public safety and general prosperity; and
WHEREAS, the Federal Clean Water Act establishes Regional Water Quality Control
Boards in order to prohibit the discharge of pollutants in stormwater runoff to waters of the United
States; and
WHEREAS, the City is a permittee under the California Regional Water Quality Control
Board, Los Angeles Region Order No. R4-2021-0105 (MS4 Permit), issued on July 23, 2021,
which establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems
(MS4) Discharges within the Coastal Watersheds of Los Angeles County; and
WHEREAS, Order No. R4-2021-0105 contains requirements for LID Ordinance and
Green Streets Policies; and
WHEREAS, the City has the authority under the California Water Code to adopt and
enforce ordinances imposing conditions, restrictions and limitations with respect to any activity
that might degrade waters of the State; and
WHEREAS, it is the intent of the City to comply with all the requirements of the Los
Angeles Region Order No. R4-2021-0105 (MS4 Permit) by updating the definitions in the
Municipal Code to match the updated definitions in the 2021 MS4 Permit; requiring all industrial
and commercial facilities and construction projects to implement the BMPs- listed in the MS4
Permit; and updating the definitions and list of development projects that"must adhere to the low
impact development (LID) provisions in the 2021 MS4 Permit..
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. This project is not anticipated to result in any significant effects upon the environment
and is exempt from environmental review in accordance with Sections 15061(b)(3) and 15308 of
the CEQA Guidelines. The Preliminary Assessment indicates that there is no potential for adverse
impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and
related ecological communities, including the habitat upon which the wildlife depends for its
continued viability.
SECTION 3. Title 8 (Stormwater Pollutant Elimination) and Section 9-1N-10 (Low Impact
Development Standards and Green Streets) of Title 9 of the Municipal Code shall be amended
as found in Exhibit A of this Ordinance.
Ordinance No. 23-1072
Page 2 of 2
SECTION 4: The City Council declares that, should any provision, section, subsection,
paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered
or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction
or by reason of any preemptive legislation, such decision or action will not affect the validity of the
remaining section or portions of the Ordinance or part thereof. The City Council declares that it
would have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or
more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may
be declared invalid or unconstitutional.
SECTION 5: The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED this 2nd day of May, 2023.
ATTEST:
Peggy K o, City Clerk
William Man, Mayor
APPROVED AS Tp,FORM:
rphy, City torney
1, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
23-1072 was introduced at the regular meeting of the City Council of the City of Temple City held on the
18th day of April, 2023 and was duly passed, approved and adopted by said Council at the regular
meeting held on May 2nd, 2023 by the following vote:
AYES: Councilmember — Sternquist, Vizcarra, Yu, Chavez, Man
NOES: Councilmember — None
ABSENT: Councilmember -- None
ABSTAIN: Councilmember — None
u Clerk
Peggy Y
Exhibit 1
TITLE 8
STORMWATER POLLUTANT ELIMINATION
CHAPTER 1
GENERAL PROVISIONS
SECTION:
8-1-0: Purpose
8-1-1: Definitions
8-1-2: Responsibility For Administration
8-1-3: Regulatory Consistency
8-1-4: Time Limits
8-1-5: Severability
8-1-6: Fees
8-1-0: PURPOSE:
The purpose of this chapter is to protect the public health, welfare and safety and to reduce
the quantity of pollutants being discharged to the waters of the United States.
A. Objectives:
1. Elimination of nonstormwater discharges to the municipal storm sewer system.
2. Elimination of spillage, dumping and disposal of pollutants into the municipal storm
sewer system.
3. Reduction of pollutants in stormwater discharges to the maximum extent
practicable.
4. To protect and enhance the quality of the waters of the United States in a manner
consistent with the provisions of the federal Celean wWater Aact. (Ord. 96-799)
8-1-1: DEFINITIONS:
BEST MANAGEMENT PRACTICE (BMP): Activities, practices, facilities, and procedures that
when implemented prevent or reduce the pollution of waters of the state.
CFR: The current issue of the Geode of F€ederal fRegulations.
CITY: The city of Temple City.
CONSTRUCTION GENERAL PERMIT: General Permit for Storm Water Discharges Associated
with Construction and Land Disturbance Activities. General NPDES permit issued by the
State Water Board, which authorizes the discharge of stormwater from construction
activities under certain conditions.
CONDITIONALLY EXEMPT NON-STORMWATER DISCHARGE: Conditionally exempt non-
stormwater discharges are certain categories of discharges that are not composed entirely
of stormwater and that are either not sources of pollutants or may contain only minimal
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amounts of pollutants and when in compliance with specified BMPs do not result in
significant environmental impacts. (See 55 Fed. Reg. 47990. 47995 (Nov. 16. 1990)).
EXEMPTED DISCHARGE: Any discharge to the municipal stormwater system that is not
subject to the provisions of this chapter. Exempted discharges are listed in subsection 8-2-
1B of this title.
ILLICIT CONNECTION: Any manmade conveyance that is connected to the storm drain
system without a permit, excluding roof -drains and other similar type connections. that
serves as a pathway for any illicit discharge. Examples include channels. pipelines,
conduits. inlets or outlets that are connected directly to the storm drain system.
ILLICIT DISCHARGE: Any material discharged to the municipal stormwater system which
seventy two (72) hours or more after the most recent storm, or that is not either permitted
by a valid NPDES permit or, considered an exempted discharge under subsection 8 2 1B of
this title. Any discharge into the municipal stormwater system or from the municipal
stormwater system into a receiving water that is prohibited under local, state, or federal
statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-
stormwater discharge, except authorized non-stormwater discharges: conditionally
exempt non-stormwater discharges: and non-stormwater discharges resulting from
natural flows specifically identified in Part III.A of the Municipal NPDES permit.
INDUSTRIAL GENERAL PERMIT: General Permit for Storm Water Discharges Associated with
Industrial Activities. General NPDES permit issued by the State Water Board. which
authorizes the discharge of stormwater from certain industrial activities under certain
conditions.
MANAGER: The current city manager of the city of Temple City or authorized deputy, agent,
representative or inspector.
MUNICIPAL STORMWATER SYSTEM: Any facility within the city by which stormwater
runoff is conveyed to the waters of the United States. This system includes, but is not
limited to, flood control channels, roads with drainage systems, streets, catch basins, inlets,
curbs, ditches, gutters, storm drains, canals, pipes, and fabricated and natural channels.
NPDES: National pollutant discharge elimination system.
NEW DEVELOPMENT PROJECT: For the purposes of this title, a new development project
and shall include, but not be limited to, the folio •ing:
homes,
o es
B. Development of an industrial or commercial building or property of one hundred
thousand (100,000) square feet or greater.
C. A restaurant or othcr food service establishment.
D. A gasoline station or other similar establishment providing automotive or truck
maintenance and repair services.
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E. Any development in hillside areas.
F. Any development required by the city manager to submit an urban runoff mitigation
plan consistent with the goals of this title.
NONSTORMWATER DISCHARGE: Any discharge to a municipal storm drain system that if;
not directly generated by and composed primarily of rainfall and discharges within twenty
four (24) hours of the end of the most recent storm.Any discharge into the municipal storm
drain system that is not composed entirely of stormwater.
OWNER: When applied to a building or land, shall mean any part owners, joint owner,
tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole
or of a part of such building or land.
PERSON: Any natural person, firm, association, club, organization, corporation,
partnership, business trust, company or other entity which is recognized by law as the
subject of rights or duties.
POLLUTANT: Any substance introduced into the environment that may directly or
indirectly result in adverse effects on the beneficial uses of a resource as defined in Section
502(6) of the Clean Water Act (33 U.S.C. Section 1362(61) or incorporated into the
California Water Code Section 13373. Pollutants may include, but are not limited to:
A. Artificial materials, chips or pieces of natural or manmade materials.
B. Household waste.
C. Commercial and industrial waste.
D. Metals such as cadmium, lead, zinc, copper, solver, nickel, chromium and nonmetals
such as phosphorus and arsenic.
E. Petroleum hydrocarbons.
F. Excessive eroded soils, sediment and particulate materials.
G. Substances having characteristics such as a pH level of less than 6 or greater than 9,
unusual coloration or turbidity, excessive levels of fecal coliform, fecal streptococcus,
or enterococcus.
H. Waste materials and wastewater generated by construction activities.
1. Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon.
J. Materials which contain base/neutral or acid extractable organic compounds.
K. Those pollutants defined in section 1362(6) of the federal clean water act.
L. Any other constituent or material that may interfere with or adversely affect the
beneficial uses of the receiving waters, flora, or fauna of the state.
PREMISES: Any building, lot, parcel of land, land, or portion of land whether improved or
unimproved.
SIGNIFICANT MATERIAL: Materials that include, but not limited to:
A. Raw materials.
B. Fuels.
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D. Finished materials such as metallic products.
E. Raw materials used in food processing or production.
F. Hazardous substances designated under section 101(14) of the comprehensive
enrr;ronmental romance, compensation, and liabi i y act (CERCLA).
6. Any chemical a facility is required to report pursuant to section 313 of title III of
superfund amendments and reauthorization act (SARA).
H. Fertilizers.
I. Pesticides.
J. Waste products such as ashes, slag, and sludge that have the potential to be released
with stormwater discharges.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A plan. as required by a state
general permit for discharges of stormwater (e.g.. Construction General Permit or
Industrial General Permit). identifying potential pollutant sources and describing the
design. placement and implementation of BMPs. to effectively prevent non-stormwater
discharges and reduce pollutants in stormwater discharges from activities covered by the
general permit.
STORMWATER RUNOFF: That part of precipitation which travels via flow across a surface
to the storm drain system or receiving waters.
STORMWATER TREATMENT SYSTEM: Any physical system designed and/or used to
reduce the concentrations of pollutants in stormwater runoff. (Ord. 96-799)
8-1-2: RESPONSIBILITY FOR ADMINISTRATION:
Responsibility for the administration and implementation of this title shall be the
responsibility of the city manager for the city of Temple City.
A. Delegation Of Powers:
1. Whenever a power is granted to or a duty is imposed upon the city manager by
this title, that power may be exercised or the duty may be performed by a
deputy of the city manager or a person authorized pursuant to law by the
manager, unless this title expressly provides otherwise. (Ord. 96-799)
8-1-3: REGULATORY CONSISTENCY:
The provisions of this title shall take precedence over any inconsistent or conflicting
provisions of this code. (Ord. 96-799)
8-1-4: TIME LIMITS:
Any time limit provided for in the provisions of this title may be extended by mutual
written consent of the city manager and the permittee, applicant, or other affected person.
(Ord. 96-799)
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8-1-5: SEVERABILITY:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this title or
any part thereof, is held invalid, or unconstitutional, such decision shall not affect the
validity of the remaining section or portions of this title or part thereof. The city council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
declared invalid or unconstitutional. (Ord. 96-799)
8-1-6: FEES:
Fees to be charged for plan checking, inspection and enforcement and any other activities
carried out by the city under this section shall be specified by resolution of the city council.
(Ord. 96-799)
CHAPTER 2
ILLICIT CONNECTIONS AND DISCHARGES
SECTION:
8-2-0: Illicit Connections
8-2-1: Illicit Discharges
8-2-2: Accidental Discharges
8-2-3: Littering
8-2-4: Discharge Of Discontinued Or Banned Chemicals
8-2-0: ILLICIT CONNECTIONS:
A. Prohibition Of Illicit Connections:
1. It is a violation of this chapter to establish any illicit connection to the municipal
storm sewer system.
2. This prohibition is retroactive and applies to connections made in the past,
regardless of whether permissible under the law or practices applicable or
prevailing at the time of the connection.
B. Removal Of Existing Illicit Connections:
1. It is a violation of this chapter to maintain any illicit connection to the municipal
storm sewer system after discovery.
2. All illicit connections are required to be removed or otherwise sealed in a manner
approved by the city manager. (Ord. 96-799)
8-2-1: ILLICIT DISCHARGES:
A. Illicit Discharges Prohibited:
1. It is a violation of this chapter for a person to cause, permit, allow. or facilitate
any illicit discharge to enter the municipal storm sewer systcm unless that
discharge is:
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a. A nonstormwater discharge authorized by and consistent with the
provision of a valid NPDES permit.
b. An exempted discharge or conditionally exempted discharge.
c. Is deemed by the city manager or authorized representative to be
necessary to the public health, safety or welfare. (Ord. 96-799)
B. Exempted Discharges: Section Part III, A of order no. R4 2012 0175 (MS4
discharges within the coastal watersheds of Los Angeles) of the California regional
water quality control board Los Angeles region the Municipal NPDES Permit, and
any subsequent amendments thereto, are hereby adopted and incorporated herein
by reference. (Ord. 13-984)
C. Cleanup Of Illicit Discharges Required: If a person responsible for an illicit discharge
is identified, it is the responsibility of that person to clean up the illicit discharge to
the satisfaction of the city manager and in a timely manner. (Ord. 96-799)
8-2-2: ACCIDENTAL DISCHARGES:
A. Immediate Notification Required: In the event of an uncontrolled discharge of a
pollutant or pollutants or a mixture containing a pollutant or pollutants, the
discharger shall immediately notify the city of the incident by telephone. The
notification shall include the location of the discharge, the type, concentration and
volume of material being discharged and any corrective actions taken.
B. Written Notification Required: Within ten (10) days after the uncontrolled
discharge, the discharger shall submit to the city a detailed written report
describing the cause of the discharge, corrective action taken and measures to be
taken to prevent future occurrences. Such notification shall not relieve the
discharger of liability or fines incurred as a result of the uncontrolled discharge.
(Ord. 96-799)
8-2-3: LITTERING:
It is a violation of this chapter for any person to throw, deposit, discard, place, leave,
maintain, keep or permit to be thrown, deposited, discarded, placed, left, maintained or
kept any refuse, rubbish, garbage, trash or other waste material in or upon any street, alley,
sidewalk, storm drain, inlet, catch basin, drainage structure, business place, or upon any
public or private plot of land in the city, except in containers, recycling bags, or other
lawfully established waste disposal facilities. (Ord. 96-799)
8-2-4: DISCHARGE OF DISCONTINUED OR BANNED CHEMICALS:
It is a violation of this chapter for any person to discharge any material to the municipal
stormwater system, containing any pesticide, herbicide or fungicide, the manufacture of
which has been banned by the environmental protection agency or the California
department of pesticide regulation. (Ord. 96-799)
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_. CHAPTER 3
POLLUTANT SOURCE REDUCTION
SECTION:
8-3-0: General Provisions
8-3-1: Industrial And Commercial SourcesPollutant Discharge Control
8-3-2: New Development And Construction Activities
MIMI
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8-3-0: GENERAL PROVISIONS:
A. Leaking Vehicles And Machinery: No vehicle, machinery or device shall be allowed to
leak, spill or discharge in any manner oil, grease, antifreeze, or other pollutant onto
any street, alley, road, parking lot or surface in the city whereon such pollutants can or
may be conveyed to the municipal storm sewer system by stormwater or
nonstormwater runoff.
B. Equipment Repair: The repair of machinery and equipment, including motor vehicles,
which are visibly leaking oil, fluids or antifreeze in areas exposed to stormwater
runoff is prohibited.
C. Storage: Objects such as motor vehicle parts containing grease, oil or other hazardous
substances, and unsealed receptacles containing hazardous materials shall not be
stored in areas susceptible to stormwater runoff.
D. Potentially Harmful Materials: Fuel and chemical residue and wastes, animal waste,
food and food processing wastes; garbage, batteries or other types of materials that
are located in areas susceptible to or exposed to stormwater, and which in the opinion
of the city manager could have potential adverse impacts on water quality shall be
managed by appropriate and effective BMPs or shall be removed immediately and
disposed of properly.
E. Hazardous Materials: Household hazardous waste may be disposed of through the Los
Angeles County's household hazardous waste program or other appropriate disposal
site, not in trash containers. Other hazardous materials shall be disposed of at a
licensed hazardous waste facility and not in municipal trash receptacles.
F. Landscape Debris: No person shall intentionally dispose of leaves, dirt or other
landscape debris into a storm drain or other appurtenance of the municipal storm
sewer system.
G. Blowing Debris: It is a violation of this chapter for any person to use or operate any
mechanical device to blow leaves, dirt, or other debris in or upon any street, alley,
sidewalk, parkway, or other public right of way, unless such materials are picked up
immediately. (Ord. 96-799; amd. Ord. 03-881)
8-3-1: POLLUTANT DISCHARGE
CONTROL:
A. Regulatory Compliance: No person shall conduct any industrial activity in the city
without first obtaining all permits required by state or federal law, including an
NPDES general industrial activity stormwater permitlndustrial General Permit
when required. Persons conducting industrial activities within the city should refer
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to the most recent edition of the "Industrial/Commercial Best Management
Practices Handbook", produced and published by the California Stormwater Quality
Association (CASQA) Best Management Practices Handbook, for specific guidance on
selecting best management practices for reducing pollutants in stormwater
discharges from industrial activities. (Ord. 13-984)
B. Discharge Of Wash Water: The discharge of untreated wash waters to the municipal
storm sewer system from the cleaning of gasoline stations, auto repair garages,
restaurants or similar use facilities is prohibited.
C. Discharge From Mobile Operations: The discharge of untreated wastewater from
mobile automobile washing, steam cleaning, mobile carpet cleaning and other such
mobile commercial and industrial operations to the municipal storm sewer system
is prohibited.
D. Parking Lot Sweeping: The discharge of water from parking lot cleaning operations
is prohibited. All commercial and industrial parking lots containing over twenty five
(25) parking spaces shall be required to be regularly swept or cleaned by other
equally effective methods to remove debris.
E. Storage Area Runoff: The discharge of untreated runoff to the municipal storm drain
system from storage areas where materials containing grease, oil, or other
hazardous substances, and uncovered receptacles containing hazardous materials
are located is prohibited.
F. Swimming Pools: The discharge of wastewater including chlorinated/debrominated
swimming pool water and filter backwash from swimming pools is prohibited.
G. Pollutants: The discharge of untreated runoff from the washing of pollutants from
paved or unpaved storage or equipment areas to the municipal storm drain system
is prohibited.
H. Impervious Surfaces: The washing of impervious surfaces in industrial and
commercial areas which, results in a discharge of runoff to the municipal storm
drain system, unless specifically required by state or local health and safety codes, is
prohibited if not controlled to the maximum extent practicable.
I. Concrete Trucks: The discharge of concrete or cement laden wash water from
concrete trucks, pumps, tools, and equipment to the municipal storm drain system is
prohibited.
J. Equipment Repair And Maintenance: All equipment and machinery is to be repaired
or maintained to prevent leaks, spills and other maintenance related pollutants from
being discharged to the municipal storm drain system.
K. Treatment Systems: Stormwater clarifiers, separators, sediment ponds and other
stormwater treatment systems shall be kept in proper operating condition at all
times to reduce pollutants in stormwater runoff and to prevent the breeding of
vectors. All facilities shall be constructed and installed to permit easy and safe
access for maintenance and inspection at all times. Documentation of maintenance
activities should be retained on site at all times and made readily available for an
authorized inspector.
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L. Treatment systems shall be approved by the city manager prior to installation and
operation. The manager shall require plans and supporting information as
necessary for the evaluation of the treatment systems.
M. Cleaning Requirements For Private Drains And Catch Basins: Persons owning or
operating drainage facilities that are directly connected to the public storm drain
system shall clean those facilities between May 1 and September 30 of each year,
and reclean those facilities, as needed, before their sumps are forty percent (40%)
full of material. This requirement includes, but is not limited to, catch basins,
culverts, and parkways drains. (Ord. 96-799; amd. Ord. 00-849; Ord. 03-881; Ord.
13-984)
M N. Industrial and commercial dischargers shall implement effective BMPs listed
in Table 6 of the Municipal NPDES $Permit, unless a particular pollutant generating
activity does not occur on a facility's site.
8-3-2: NEW -DEVELOPMENT ND CONSTRUCTION ACTIVITIES:
A. Regulatory Compliance: All persons engaged in construction activity within the city
shall operate in compliance with all state, federal, and city laws regulating or
pertaining to stormwater management and runoff.
B. Copies Of Documents: All persons engaged in construction activity within the city
requiring a state construction activity stormwatcr permit shall have at the
construction site available for review the following:
1. A copy of the notice of intent for the state construction activities stormwater
permit.
2. The waste discharge identification number issued by the state water
resources control board.
3. Copies of the stormwatcr pollution prevention plan and stormwatcr
monitoring plan as required by the permit. (Ord. 96 799)
r Urban RunoffMiti ation Plan: (Rep. by Ord. 13-981)
B. Erosion and Sediment Control Plan (Rep. by Ord. 13-984)
1 C. City Review And Requirements: Prior to the issuance of a building permit, the
city shall evaluate the proposed project using the guidelines and BMP list approved
by the California regional water quality control board, Los Angeles region and
erosion and grading requirements of the city manager to determine the following:
1. Its potential to generate the flow of pollutants into the municipal storm sewer
system both during and after construction.
2. How well the Erosion and Sediment Control Plan for the proposed project meets
the goals of this chapter. Each plan will be evaluated on its own merits according
to the particular characteristics of the project and the site to be developed.
Based upon the review, the city may impose conditions upon the issuance of the
building permit, in addition to any required by the Construction General Permit for
the project, in order to minimize the flow of pollutants into the municipal storm
sewer system.
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No grading permit for developments with a disturbed area of five one (1$) acres or
greater shall be issued unless the applicant can show that a Notice of Intent to
comply with Construction General Permit has been filed and that a Stormwater
Pollution Prevention Plan has been prepared for the project. (Ord. 96-799)
Plan Approval: (Rep. by Ord. 13-984)
F. Expiration Of Urban Runoff Mitigation Plan: (Rep. by Ord. 13 984)
G E. Standard Best Management Practices: Stormwater runoff containing
sediment, construction waste or other pollutants from the construction site and
parking areas shall be reduced to the maximum extent practicable. All construction
sites shall implement an effective combination of the erosion and sediment control
BMPs listed in Table 7 and/or Table 8 of the Municipal NPDES Permit (where
applicable). The following best management practices shall also apply to all
construction projects within the city, and shall be required from the time of
demolition of existing structure or commencement of construction until receipt of a
certificate of occupancy.
1. Sediment, construction waste, and other pollutants from construction activities
shall be retained on the construction site to the maximum extent practicable.
2. Structural controls such as sediment barriers, plastic sheeting, detention ponds,
dikes, filter berms, etc., shall be utilized to the maximum extent practicable in
order to minimize the escape of sediment and other pollutants from the site.
3. All excavated soil shall be located on the site in a manner that minimizes the
amount of sediments running onto the street, drainage facilities or adjacent
properties and covered with appropriate materials until the soil is either used or
removed from the site. Between October 1 and April 30, soil piles shall be
covered with waterproof material until the soil is either used or removed from
the site.
4. No washing of construction or other vehicles is permitted adjacent to a
construction site. No water from the washing of construction or other vehicles is
permitted to run off the construction site, or to otherwise enter the municipal
storm sewer system.
I4 -F. Vegetation Clearing Limits: As a condition of granting a construction permit,
the city may set reasonable limits on the clearing of natural vegetation from
construction sites, in order to reduce the potential for soil erosion. These limits may
include, but not be limited to, regulating the length of time soil is allowed to remain
bare or prohibiting bare soil.
G. Additional Plans: The city manager may require, prior to the issuance of any
building or grading permit, preparation of appropriate wet weather erosion and
sediment control plans, stormwater pollution prevention or other plans consistent
with the countywide development construction guidance document and the goals of
this chapter.
H. Construction Activities Requiring Construction General Permit Coverage: No person
shall commence or continue any construction activity in the city that causes the
disturbance of one (1) acre or more of soil by clearing. grading. excavation or
demolition without first demonstrating to the satisfaction of the city manager that
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such person has filed a "notice of intent" to comply with the Construction General
Permit for stormwater discharges associated with construction activity. or has
obtained a waste discharge identification number from the State Water Resources
Control Board and has prepared a state Stormwater Pollution Prevention Plan
(SWPPP).
Copies Of Documents: All persons engaged in construction activity within the city
requiring a state construction activity stormwater permit shall have at the
construction site available for review the following:
1. A copy of the notice of intent for the state construction activities stormwater
permit.
2. The waste discharge identification number issued by the state water
resources control board.
3. Copies of the stormwater pollution prevention plan and stormwater
monitoring plan as required by the permit. (Ord. 96-799)
I. Inspections: Construction or work, not otherwise designated as an exempt project,
shall be subject to inspection by the city manager to assess whether the minimum
requirements for construction development are being achieved and applicable
BMPs are being implemented.
J. Compliance Waivers: Full or partial waivers of compliance with the requirements of
this section may be obtained by persons who apply in writing and show that
incorporation of design elements that address the objectives set forth above is an
economic or physical impossibility due to the particular configuration of the site or
due to irreconcilable conflicts with other city requirements. All such requests for
waivers must be approved, in writing, by the city manager. (Ord. 96-799)
CHAPTER 4
INSPECTION AND ENFORCEMENT
SECTION:
8-4-0: Authority
8-4-1: Right Of Entry
8-4-2: Enforcement
8-4-0: AUTHORITY:
The city manager, and duly authorized representatives thereof, are hereby authorized and
directed to enforce all provisions of this title. (Ord. 96-799)
8-4-1: RIGHT OF ENTRY:
Whenever an authorized enforcement officer has reasonable cause to believe that there
exists in any building or upon any premises any condition which constitutes a violation of
the provision of this title, the officer may enter such building or premises at all reasonable
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times to inspect the same or sample, review and copy records, or require regular reports
from industrial facilities (including construction sites) and perform any other duty
imposed upon the officer by this title, provided that:
A. If such building or premises be occupied, such officer shall first present proper
credentials and request entry.
B. If such building or premises be unoccupied, such officer shall first make a
reasonable effort to locate the owner or occupant of the building or premises and
request entry. If the event that a request for entry is refused, the officer is hereby
empowered to seek assistance from any court of competent jurisdiction in obtaining
such entry. (Ord. 96-799; amd. Ord. 03-881)
8-4-2: ENFORCEMENT:
A. Notice To Correct Violations:
1. The city manager or duly authorized representatives may serve notice of
violation upon a person owning or occupying a premises, describing the
violations and requiring prompt correction thereof, when:
a. Pollutants or potential pollutants are being maintained, discharged or
deposited in such a manner as to create, or if allowed to continue will
create, any one or more of the following conditions:
(1) A public nuisance.
(2) A threat to public safety.
(3) Pollution of underground or surface waters.
(4) Damage to any public sewer, municipal storm sewer system, or
public or private property.
b. The person has failed to respond or conform with a previous notice of
violation within the time period specified in the notice.
c. Failure to comply with a duly served notice of violation shall
constitute a willful violation of this title.
A. Cease And Desist Order: The city manager or duly authorized representatives may
serve a cease and desist order upon a person owning or occupying a premises,
requiring such person to:
1. Immediately discontinue any process water, waste water or pollutant discharge
to the municipal storm sewer system.
2. Immediately block or divert any flow of water from the property, where the flow
is occurring in violation of any provision of this title.
3. Immediately discontinue any other violation of this title. The cease and desist
order may contain terms and conditions or other provisions to ensure
compliance with this title.
B. Violation Of Public Nuisance: A violation of any provision of this title is declared to
be a public nuisance. The city may abate such violation(s) by means of a civil action
with all costs for such abatement and restoration to be borne by the party
responsible for the nuisance.
12
C. Criminal Penalties: Any person violating any provision of this title is guilty of a
misdemeanor, and upon conviction is punishable by fine not exceeding one
thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not
exceeding six (6) months, or by both such fine and imprisonment.
D. Continued Violations: Each day during which any violation described in this title as
willful continues shall constitute a separate offense punishable as provided by this
section.
E. Other Penalties: Any person who violates any provision of this title, any provision of
any permit issued pursuant to this title, or who discharges waste or waste water
which causes pollution, or who violates any cease and desist order, prohibition, or
effluent limitation, may also be in violation of the federal clean water act and/or
Porter -Cologne act and may be subject to the sanctions of those acts including, civil
and criminal penalties.
F. Cumulative Penalty: The penalties and remedies established by this title shall be
cumulative.
G. Reimbursement: Any penalty collected hereunder shall be used as reimbursement
for the department of public works' costs and expenses of administration,
inspection and enforcement of this title.
H. Emergency Remedial Measures: The city shall have full power and authority to take
any necessary precautions including, but not limited to, decontamination, storm
drain closure, packaging, diking, and transportation of materials, in order to protect
life, protect property, or prevent an imminent hazard to the public's health, safety,
or welfare. (Ord. 96-799)
13
9-1N-10: LOW IMPACT DEVELOPMENT (LID) STANDARDS AND
GREEN STREETS:
A. Definitions: If the definition of any term contained in this chapter conflicts with the
definition of the same term in order no. R4 2012 0175 (Los Angeles County MS4
Permit) the Municipal NPDES Permit, then the definition contained in order no. R4
2012 0175the Municipal NPDES Permit shall govern.
AUTOMOTIVE SERVICE
FACILITY:
BASIN PLAN:
BEST MANAGEMENT PRACTICE
(BMP):
BIOFILTRATION:
BIORETENTION:
A facility that is categorized in any one (1) of the
following &Standard +Industrial €Classification (SIC)
and North American industry eClassification system
(NAICS) codes. For inspection purposes, permittees
need not inspect facilities with SIC codes 5013, 5014,
5511, and 5541, 7532 7534, and 7536 7539 provided
that these facilities have no outside activities or
materials that may be exposed to stormwater (order
no. R1 2012 0175).
The wWater Quality eControl pPlan, Los Angeles
Region, otherwise known as the "Basin Plan For The
Coastal Watersheds Of Los Angeles And Ventura
Counties", adopted by the regional water board on Juno
1-374494r and subsequent amendmento (order ne Q4 _
2012 0175).
Practices or physical devices or systems designed to
prevent or reduce pollutant loading from stormwater
or non-stormwater discharges to receiving waters
designed to reduce the volume of stormwater or non
ctormwatcr discharged to the receiving water (order
no. R4 2012 0175).
An Low Impact Development £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 part 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 (order no. R4 2012 0175).
An LID BMP that reduces stormwater runoff by
intercepting rainfall on vegetative canopy, and through
14
evapotranspiration and infiltration. The bioretention
system typically includes a minimum two foot (2') 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 part, 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 order no. R1-2012 0175 as a biofiltration
BMP (order no. R4 2012 0175).
BIOSWALE: 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 (order no.
R4 2012 0175).
CLEAN WATER ACT (CWA): 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: 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 (order no. R4 2012 0175).
COMMERCIAL MALLS: Any development on private land comprised of one (1)
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 (order no. R1 2012 0175).
CONSTRUCTION ACTIVITY: Any construction or demolition activity, clearing,
grading, grubbing, or excavation or any other activity
that results 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
15
CONTROL:
DEVELOPMENT:
DIRECTLY ADJACENT:
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, sStatewide general EConstruction pPermit
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
(order no. R4-2012 0175).
To minimize, reduce, -e eliminate, or prohibit by
technological, legal, contractual, or other means, the
discharge of pollutants from an activity or activities
(order no. R1 2012 0175).
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 (order no. R4 2012 0175).
Situated within two hundred feet (200') of the
contiguous zone required for the continued
maintenance, function, and structural stability of the an
environmentally sensitive area (order no. R1 2012
0 5-).
DISCHARGE: Any release, spill, leak, pump, flow, escape, dumping, or
disposal of any liquid, semisolid, or solid substance.
DISTURBED AREA: An area that is altered as a result of clearing, grading,
and/or excavation (order no. R4 2012 0175).
FLOW THROUGH TREATMENT A modular, vault type "high flow biotreatment" devices
BMPs: contained within an impervious vault with an
underdrain or designed with an impervious liner and
an underdrain (order no. R4 2012 0175).
Any single device or series of devices, certified by the
executive officer, that traps all particles retained by a
five millimeter (5 mm) mesh scrcenor greater, and has
FULL CAPTURE SYSTEM:
16
CENERAL CONSTRUCTION
ACTIVITIES STORM WATER
PERMIT (CCASP):
CONSTRUCTION GENERAL
PERMIT
CENERAL INDUSTRIAL
ACTIVITIES STORM WATER
PERMIT (GIASP):
GREEN ROOF:
HILLSIDE:
HYDROMODIFICATION
INDUSTRIAL/COMMERCIAL
FACILITY:
a design treatment capacity that is either a) of not less
than the peak flow rate, Q, resulting from a one (1) -
year, one (1) -hour storm in the subdrainage area, or b)
approximately sized to, and designed to carry at least
the same flows as, the corresponding storm drain.
(order no. R1 2012 0175).
The general NPDES permit adopted by the state board
which authorizes the discharge of stormwater from
construction activities under certain conditions (order
no. RI -2012 0175).
General Permit for Storm Water Discharges Associated
with Construction and Land Disturbance Activities.
General NPDES permit issued by the State Water Board.
which authorizes the discharge of stormwater from
construction activities under certain conditions.
The general NPDES permit adopted by the state board
which authorizes the discharge of stormwater from
certain industrial activities under certain conditions
{order no.11,1 2012 0175).
An 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 (order no.
RBI 2012 0175).
A property located an area with known nrocivc soil
conditions Iwhnrn thn dnvnlopmnnt n
a ntnmp1atnn grading on any natural slope that is twenty five percent
(25%) or greater and where grading contemplates cut
or fill slopes (order no. R9 2012 0175).
The alteration away from a natural state of stream
flows or the beds or banks of rivers. streams. or creeks.
including ephemeral washes. which results in
hydrogeomorphic changes.
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 nonprofessional services. This category of facilities
17
includes, but is not limited to, any facility defined by
either the Sstandard }Industrial Celassifications (SIC) or
the North American 'industry Celassification Ssystem
(NAICS). Facility ownership (federal, state, municipal,
private) and profit motive of the facility are not factors
in this definition (order no. R4 2012 0175).
INDUSTRIAL GENERAL PERMIT General Permit for Storm Water Discharges Associated
with Industrial Activities. General NPDES permit issued
by the State Water Board, which authorizes the
discharge of stormwater from certain industrial
activities under certain conditions.
INDUSTRIAL PARK: 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 (order no. R'1
2012 0175).
INFILTRATION BMP: AR LID BMP that reduces stormwater runoff by
capturing and infiltrating the runoff into in situ soils or
amended on site soils. Examples of infiltration BMPs
include infiltration basins, dry wells, and pervious
pavement (order no. R4-2012-0175).
LOW IMPACT DEVELOPMENT The implementation of systems and practices that use
(LID): or mimic natural processes to: 1) infiltrate and
recharge. 2) evapotranspire and/or 3) harvest and use
precipitation near to where it falls to earth.Consists of
building and landscape features designed to retain or
filter stormwater runoff (order no. R4 2012 0175).
MUNICIPAL SEPARATE STORM A conveyance or system of conveyances (including
SEWER SYSTEM (MS4): roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or
storm drains) (40 CFR section 122.26(b)(8)):
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;
18
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-(40
CFR section 122.26(b)(8)) (order no. R4 2012 0175).
NATIONAL POLLUTANT The national program for issuing, modifying, revoking
DISCHARGE ELIMINATION and reissuing, terminating, monitoring and enforcing
SYSTEM (NPDES): permits, and imposing and enforcing pretreatment
requirements, under CWA section 307, 402, 318, and
405. The term includes an "approved program" (order
no. R4 2012 0175).
NATURAL DRAINAGE SYSTEM: A drainage system that has not been improved
modified using engineering controls (e.g., channelized
or armored). The clearing or dredging of a natural
drainage system does not cause the system to be
classified as modified for the purposes of the
"Hydromodification Management Requirements"a
improved drainage system (order no. R4 2012 0175).
NEW DEVELOPMENT: Land disturbing activities; structural development,
including construction or installation of a building or
structure, creation of impervious surfaces; and land
subdivision (order no. R4 2012 0175).
NONSTORMWATER DISCHARGE: Any discharge to a municipal storm drain system that is
not composed entirely of stormwater (order no. R9
2012 0175).
OUTFALL: 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 (2) municipal separate
storm sewers, or pipes, tunnels or other conveyances
with -which connect segments of the same stream or
other waters of the United States and are used to
convey waters of the United States (40 CFR section
122.26(b)(9)) (order no. R4 2012 0175).
PARKING LOT: Land area or facility for the parking or storage of motor
vehicles used for businesses, commerce, industry, or
personal use, with a lot sizc of five thousand (5,000)
square fcct or more of surface area, or with twenty five
POLLUTANT: Any "pollutant" defined in CWA section 502(6) (33
U.S.C. section 1362(6)) and of the federal clean water
act or incorporated by reference into the California
19
PROJECT:
RAINFALL HARVEST AND USE:
RECEIVING WATER:
REDEVELOPMENT:
REGIONAL BOARD:
RESTAURANT:
RETAIL GASOLINE OUTLET:
Water Code section 13373 (order no. R4 2012 0175).
All development, redevelopment, and land disturbing
activities. The term is not limited to "project" as
defined under CEQA (Pub. Resources Code section
21065) (order no. R4 2012 0175).
Ai 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 (order
no. R4 2012 0175).
A "Water of the United States" into which waste and/or
pollutants are or may be discharged (order no. R4
2012 0175).
Land disturbing activity that results in the creation,
addition, or replacement of five thousand (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 a 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 (order no. R4 2012 0175).
The California (Regional wWater Quality Ceontrol
1Board, Los Angeles (Region.
A facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and
rcfrcrLrme t rtnrr`lc scilinn prcparnd feedc and drinks
for immediate consumption (SIC code 5812) (order no.
R4 2012 0175). Establishments primarily engaged in
the retail sale of prepared food and drinks for on -
premise or immediate consumption. Caterers and
industrial and institutional food service establishments
are also included in this industry. (SIC Code 5812)
Any facility engaged in selling gasoline and lubricating
oils - SIC 5514 and NAICS 447110 and 447190(ef4er
20
ROUTINE MAINTENANCE:
SIGNIFICANT ECOLOGICAL
AREAS (SEAs):
no. R4 2012 0175).
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 to comply with
applicable codes, standards, and regulations regardless
if such projects result in increased capacity. Updating
existing lines includes replacing existing lines with new
materials or pipes.
5. Repair leaks.
6. Routine maintenance does not include construction
of new lines or facilities resulting from compliance with
applicable codes, standards and regulations. New lines
are those that are not associated with existing facilities
and are not part of a project to update or replace
existing lines (order no. R4 2012 0175).
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. Ards arc designated as SEAs, if they possess one
(1) 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 arc either one
of a kind, or arc restricted in distribution on a regional
basis:
3. Biotic communities, vegetative associations, and
habitat of plant and animal species that arc either one
of a kind or arc restricted in distribution in Los Angcica
County.
4. Habitat that at some point in the life cycle of a
species or group of species, serves as a concentrated
limited in availability either regionally or within Los
Angeles County.
5. Biotic resources that arc of scientific interest
21
SITE:
STORM DRAIN SYSTEM:
STORM WATER OR
STORMWATER:
SWQDV
URBAN RUNOFF:
because they arc tither 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 (order no. R4 2012 0175).
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
{order no. R9 2012 0175).
Any facility or any parts of the facility, including streets,
gutters, conduits, natural or artificial drains, channels
and watercourses that are used for the purpose of
collecting, storing, transporting or disposing of
stormwater and are located within the city. See
definition for "Municipal Separate Storm Sewer System
(MS4)".
Runoff and drainage related to precipitation events
(pursuant to 40 CFR section 122.26(b) (13); 55 fed. reg.
47990, 47995 (November 16, 1990)).
Storm Water Quality Design Volume
Surface water flow produced by storm and non -storm
events. Non -storm events include flow from residential,
commercial or industrial activities involving the use of
potable and non -potable water. (Ord. 13-979)
B. Low Impact Development (LID) and Green Streets Policy:
i,--Object-iv e• T► a provisions ofth,is ee tiers c tab'i�h rcg i-ements for construction
activities and facility operations of devclopmcnt and redevelopment projects to
comply with the current "order no. R1 2012 0175", lessen the water quality
impacts of devclopmcnt by using smart growth practices, and integrate LID
practices and standards for stormwatcr pollution mitigation through means of
infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID
shall be inclusive of new devclopmcnt and/or redevelopment requirements.
2. Scope: This section contains requirements for stormwatcr pollution control
measures in devclopmcnt and redevelopment projects and authorizes the city to
further define and adopt stormwatcr pollution control measures, and to develop
1 ID prin -iplcc and rcguirmmentc incl ding, butmot limited to the objectives -and
specifications for integration of LID strategics, grant waivers from the LID
22
requirements, and collect funds for projects that arc granted waivers. Except as
otherwise provided herein, the city shall administer, implement and enforce the
provisions of this section.
34. Applicability: Development projects subject to permittee conditioning and
approval for the design and implementation of post construction controls to
mitigate stormwater pollution, prior to completion of the project(s), arc: The
priority new development and redevelopment projects listed in Part VIII.F.1.a-b
of the Municipal NPDES Permit shall comply with the provisions of subsection
B.1.a of this section.
a. All development projects equal to one (1) acre or gr ater of disturbed area
that adds more than ten thousand (10,000) square feet of impervious surface
area.
b. Industrial parks ten thousand (10,000) square feet or more of surface arcaa.
c. Commercial malls ten thousand (10,000) square feet or more of surface arcia.
surface areea.
c. Restaurants (standard indust-iiol classification (SIC) of 5812) with five
thousand (5,000) square feet or more of surface area.
f. Parking lots with five thousand (5,000) square feet or more of impervious
surface area nr with tax cnty five (25) nr mnrc „arking spaces.
g. Streets and roads construction of ten thousand (10,000) square feet or more
of impervious surface area. Street and road construction applies to stand
alone 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) five thousand (5,000) square
feet or morc of surface arcaa.
Projects located in or directly adjacent to, or discharging directly to an
environmentally sensitive area (ESA), where the development will:
(1) Discharge stormwater runoff that is likely to impact a sensitive
biological species or habitat; and
(2) Create two thousand five hundred (2,500) square feet or more
of impervious surface area.
j. Single family hillside homes.
Ira. Redevelopment projects.
(1) Land disturbing activity that results in the creation or addition
or replacement of five thousand (5,000) square feet or more of
impervinus s .rfacc n already rdeyclnpcd site n
planning priority project categories.
{2}{1) Where redevelopment results in an alteration to more
than fifty percent (50%) 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.
23
(3)(2) Where redevelopment results in an alteration of less
than fifty percent (50%) 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.
f4}(3) 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.
(5) Existing single family dwelling and accessory structures arc
exempt from the redevelopment requirements unless such
projects create, add, er replace ten thousand (10,000) sgu re
feet of impervious surface area.
4.2. Specific Requirements: The site for every planning priority development
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.
a. A new single family hillside home development shall include mitigation
measures to:
(1) Conserve natural areas;
(2) Protect slopes and chaa el /
(3) Provide storm drain systemstenciling and signagc;
(4) Divert roof runoff to vegetated areas before discharge unless
(5) Direct surface flow to vegetated areas before discharge, unlesa
the diversion wo ld result in slene instability
a.Street and road construction of ten thousand (10,000) 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.
eb.The remainder of planning priority development projects shall prepare an
LID plan to comply with the following:
(1) Retain stormwater runoff on site for the stormwater quality
design volume (SWQDv) defined as the runoff from: (1) The
eighty fifth percentile twenty_ four (24) -hour runoff event as
determined from the Los Angeles County eighty fifth percentile
24
precipitation isohyetal map; or the volume of runoff produced
from a 0.75 inch, twenty four (24) -hour rain event, whichever
is greater.
(2) Minimize hydromodification impacts to natural drainage
systems as defined in order no. R4 2012 0175the Municipal
NPDES Permit.
(3) To demonstrate technical infeasibility, the project applicant
must demonstrate that the project cannot reliably retain one
hundred percent (100%) 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:
(A) 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 on site.
(B) Locations where seasonal high groundwater is within
five (5) to ten feet (10') of surface grade;
(C) Locations within one hundred feet (100') of a
groundwater well used for drinking water;
(D) Brownfield development sites or other locations where
pollutant mobilization is a documented concern;
(D)(E) Other locations where pollutant mobilization is a
documented concern:
(E)fa Locations with potential geotechnical hazards;
(F)fG) Smart growth and infill or redevelopment
locations where the density and/or nature of the project
would create significant difficulty for compliance with
the on -site volume retention requirement.
(4) If partial or complete on site retention is technically infeasible,
the project site may biofiltrate 1.5 times the portion of the
remaining SWQDv that is not reliably retained on site.
Biofiltration BMPs must adhere to the design specifications
provided in ordcr no. R'1 2012 0175the Municipal NPDES
Permit. Additional alternative compliance options such as off
site infiltration and groundwater replenishment projects may
be available to the project site. The project site should contact
the City of Temple City to determine eligibility.
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(5) The remaining SWQDv that cannot be retained or biofiltered
on site must be treated on site to reduce pollutant loading.
BMPs must be selected and designed to meet pollutant specific
benchmarks as required per order no.R/I 2012 017Sthe
Municipal NPDES Permit. Flow. -through BMPs may be used to
treat the remaining SWQDv and must be sized and designed to
filter or treat either the maximum flow rate of runoff produced
from a rainfall intensity of 0.2 inch of rainfall per hour, for each
hour of a storm event: or the maximum flow rate of runoff
produced by the 85th percentile hourly rainfall intensity (for
each hour of a storm event). as determined from the local
historical rainfall record. multiplied by a factor of two. Use of
flow -through BMPs will require approval from the Regional
Board. based on a rainfall intensity of: 0.2 inch per hour, or the
one (1) year, one (1) hour rainfall intensity as determined
from the most recent Los Angeles County isohyctal map,
whichever is greater.
3. Additional Requirements: The site for projects not classified with general
applicability listed described in subsection 1✓ B.I. of this section, but resulting in
the creation or addition or replacement of five hundred (500) square feet or
more of impervious surface area shall be designed to control pollutants,
pollutant loads, and runoff volume per the Temple City "Low Impact
Development Manual". (Ord. 13-979; amd. Ord. 19-1036)
C. Low Impact Development (LID) Plan Review
1. Compliance with the LID and hydromodification control standards of this
chapter shall be shown through a LID Plan.
2. The applicant for any new development redevelopment project shall submit a
LID Plan to the Community Development Director for review and approval.
D. Installation and 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 approval
from the Community Development Director
2. The owner of the subject development project site shall record a covenant and
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 chapter.
E. Violation. Inspection. and Enforcement
1. 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 4 of Title 8 of the Municipal Code.
4.2. The Community Development Director may issue notices of violation and
administrative orders to achieve compliance with the provision of this chapter.
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Failure to comply with the terms and conditions of such a notice of violation or
administrative order shall constitute a violation of this chapter.
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