HomeMy Public PortalAbout14-1537ORDINANCE NO. 14-1537
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA,
AMENDING SECTION 5809 OF THE CARSON MUNICIPAL
CODE TO UPDATE STORMWATER REGULATIONS FOR
LOW IMPACT DEVELOPMENT AND THE GREEN STREETS
POLICY IN ACCORDANCE WITH THE LOS ANGELES
COUNTY MUNICIPAL STORM WATER 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 (Regional Board), Los Angeles Region Order No. R4-2012-0175, issued on November 8,
2012, which establishes waste discharge requirements for Municipal Separate Storm Sewer
Systems (MS4) discharges within the coastal watersheds of Los Angeles county, except those
discharges originating from the City of Long Beach MS4; and
WHEREAS, Order No. R4-2012-0175 contains requirements for municipalities to
establish a Low Impact Development (LID) ordinance and a "Green Streets" Policy in order to
participate in a watershed management program; and
WHEREAS, the Regional Board has adopted total maximum daily loads (TMDLs) for
pollutants, which are numerical limits that must be achieved effectively through LID
implementation; 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, the City is committed to a stormwater management program that protects
water quality and water supply by employing watershed -based approaches that balance
environmental and economic considerations; and
WHEREAS, urbanization has led to increased impervious surface areas resulting in
increased water runoff and less percolation to groundwater aquifers causing the transport of
pollutants to downstream receiving waters; and
WHEREAS, the City intends to expand the applicability of the existing LID requirements
by providing stormwater LID strategies for development and redevelopment projects, as defined
herein.
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ORMNANCE NO. 14-1537
PAGE 2 OF 10
NOW, THEREFORE, the City Council of the City of Carson, California, does hereby
ordain as follows:
Section 1. Section 5809 of the Carson Municipal Code is hereby repealed and replaced
with a new Section 5809 to read, in its entirety, as follows:
"5809 Stormwater Pollution Control Measures for New Development
and Redevelopment Projects.
(a) Low Impact Development. The Planning and Land Development
Program is a compliance component under Municipal NPDES Permit.
Subject new development and redevelopment projects are required to
comply with the following conditions: (1) low impact development
(LID) structural and non-structural best management practices (BMPs);
(2) source control BMPs; and (3) structural and non-structural BMPs for
specific types of uses. LID controls effectively a reduced area of
impervious area for a project site and promotes the use of infiltration
and other controls that reduce runoff. Source control BMPs prevent
runoff contact with pollutant materials that would otherwise be
discharged to the MS4. Specific controls are also required to address
pollutant discharges from certain uses including but not limited to
housing developments, retail gasoline outlets, automotive -related
facilities, restaurants, and industrial and commercial facilities where
pollutant materials are disposed, stored, or handled.
(b) Stormwatef Management / Watershed Management Program. The
City's stormwater management program (SWMP) or watershed
management program (WMP), whichever is in effect at the time of
review, is hereby incorporated by reference and shall contain specific
conditions and procedures for meeting Planning and Land Development
Program. The program plans shall reference guidance documents to
facilitate compliance, including, but not limited to, an updated Los
Angeles County BMP guidebook, Los Angeles County Low Impact
Development manual, and USEPA's Green Street guidance manual.
These guidebooks and manuals shall be made available for review by
the public in the Public Works Department office.
(c) Applicability. The following development and redevelopment projects,
termed "Planning Priority Projects," shall comply with the requirements
of this section and the Municipal NPDES Permit:
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ORDINANCE NO. 14-153 7
PAGE 3 OF 10
(1) All development projects equal to one (1) acre or greater of
disturbed area and adding more than ten thousand (10,000) square
feet of impervious surface area;
(2) Industrial parks ten thousand (10,000) square feet or more of
impervious surface area;
(3) Commercial malls ten thousand (10,000) square feet or more of
impervious surface area;
(4) Retail gasoline outlets five thousand (5,000) square feet or more of
impervious surface area;
(5) Restaurants (Standard Industrial Classification ("SIC") 5812) five
thousand (5,000) square feet or more of impervious surface area;
(6) Parking lots five thousand (5,000) square feet or more of
impervious surface area, or with twenty-five (25) or more parking
spaces;
(7) Street and road construction of ten thousand (10,000) square feet
or more of impervious surface area;
(8) Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-
7534 and 7536-7539) five thousand (5,000) square feet or more of
surface area;
(9) Redevelopment projects in subject categories that meet
redevelopment thresholds identified in sub -section (d) below;
(10) Projects located in or directly adjacent to, or discharging directly
to a Significant Ecological Area (SEA), where the development
will:
(1) Discharge stormwater runoff that is likely to impact a
sensitive biological species or habitat; and
(ii) Create two thousand five hundred (2,500) square feet or
more of impervious surface area;
(11) Single-family hillside homes;
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ORDINANCE NO. 14-1537
PAGE 4 OF 10
(12) Redevelopment projects;
(i) Land -disturbing activity that results in the creation or
addition or replacement of five thousand (5,000) square feet
or more of impervious surface area on an already developed
site on Planning Priority Project categories.
(ii) Where redevelopment results in an alteration to more than
fifty (50) 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.
(Ili) Where redevelopment results in an alteration of less than
fifty (50) percent of impervious surfaces of a previously
existing development, and the existing development was not
subject to post -construction storrnwater quality control
requirements, only the alteration must be mitigated, and not
the entire development.
(Iv) Redevelopment does not include routine maintenance
activities that are conducted to maintain original line and
grade-, bydraulic capacity, ori inal T) rpose of facility or
gi � u
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.
(v) Existing single-family dwelling and accessory structures are
exempt from the redevelopment requirements unless such
projects create, add, or replace ten thousand (10,000) square
feet of impervious surface area.
(13) Any other project as deemed appropriate by the City.
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ORDINANCE NO. 14-1537
PAGE 5 OF 10
(d) Stormwater Pollution Control Requirements. The site for every
Planning Priority Project shall be designed to control pollutants,
pollutant loads, and runoff volume to the maximum extent feasible by
minimizing impervious surface area and controlling runoff from
impervious surfaces through infiltration, evapotranspiration,
bioretention and/or rainfall harvest and use.
(1) A new single-family hillside home development shall include
mitigation measures to:
(i) Conserve natural areas,
(ii) Protect slopes and channels,
(Ili) Provide storm drain system stenciling and signage;
(iv) Divert roof runoff to vegetated areas before discharge unless
the diversion would result in slope instability; and
(v) Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
(2) 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.
(3) The remainder of Planning Priority Projects shall prepare a LID plan
subject to City review and approval to comply with the following:
(i) Retain stormwater runoff onsite for the Stormwater Quality
Design Volume (SWQDv) defined as the runoff from:
(A) The eighty-fifth (85th) percentile twenty-four (24) hour
runoff event as determined from the Los Angeles county
eighty-fifth (85th) percentile precipitation isohyetal map;
or
(B) The volume of runoff produced from a three-quarter (0.75)
inch, twenty-four (24) hour rain event, whichever is
greater.
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ORMNANCE NO. 14-1537
PAGE 6 OF 10
(ii) Minimize hydromodification impacts to natural drainage
systems as defined in the Municipal NPDES Permit.
Hydromodification requirements are further specified in the
Low Impact Development design manual.
(111) Wben, as determined by the City, one hundred (100) percent
onsite retention of the SWQDv is technically infeasible,
partially or fully, the infeasibility shall be demonstrated in the
submitted LID plan. The technical infeasibility may result from
conditions that may include, but are not limited to:
(A) The infiltration rate of saturated in-situ soils is less than
three -tenths (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;
(B) Locations where seasonal high groundwater is within five
(5) to ten (10) feet of surface grade;
(C) Locations within one hundred (100) feet of a groundwater
well used for drinkinL) water;
(D) Brownfield development sites or other locations where
pollutant mobilization is a documented concern;
(E) Locations with potential geotechnical hazards;
(F) 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.
(1v) If partial or complete onsite retention is technically infeasible,
the project site may biofiltrate one and one-half (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 the Municipal NPDES Permit.
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ORDINANCE NO. 14-1537
PAGE 7 OF 10
(A) Additional alternative compliance options such as offsite
infiltration may be available to the project site. The project
site should contact the City to determine eligibility.
Alternative compliance options are further specified in the
LID impact design manual.
(v) 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 -
(A) Two-tenths (0.2) inches per hour; or
(B) The one year, one hour rainfall intensity as determined
from the most recent Los Angeles county isohyetal map,
whichever is greater.
(vi) A "Multi -Phased Project" may comply with the standards and
requirements of this section for all of its phases by: (a)
designing a system acceptable to the City to satisfy these
standards and requirements for the entire site during the first
phase, and (b) implementing these standards and requirements
for each phase of development or redevelopment of the site
during the first phase or prior to commencement of construction
of a later phase, to the extent necessary to treat the stormwater
from such later phase. For purposes of this section, "Multi -
Phased Project" shall mean any Planning Priority Project
implemented over more than one phase and the site of a Multi -
Phased Project shall include any land and water area designed
and used to store, treat or manage stormwater runoff in
connection with the development or redevelopment, including
any tracts, lots, or parcels of real property, whether developed
or not, associated with, functionally connected to, or under
common ownership or control with such development or
redevelopment.
(e) Issuance of Discretionary Permits. No discretionary permit may be
issued for any new development or redevelopment project identified in
subsection (c) of this section until the authorized enforcement officer
confirms that either project plans must comply with the applicable LID
requirements.
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ORDINANCE NO. 14-1537
PAGE 8 OF 10
(f) Issuance of Certificates of Occupancy. As a condition for issuing a
Certificate of Occupancy for a new development or redevelopment
project identified in subsection (c) of this section, the authorized
enforcement officer shall require facility operators and/or owners to
build all the stormwater pollution control Best Management Practices
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 LID 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 (i) assume responsibility for maintenance of any existing
structural or treatment control BM?, or (ii) to replace existing
structural or treatment control BMPs with new control measures or
BMPs meeting the then current standards of the City. Such
requirement shall be included in any sale or lease agreement or deed
for such pro-Dertv. The condition of transfer shall include a
provision tha� 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 homeowner's association, language regarding the responsibility
for maintenance shall be included in the project's conditions,
covenants and restrictions (CC&Rs). Printed educational material
will be required to accompany the first deed transfer to highlight the
existence of the requirement and to provide information on what
stormwater management facilities are present, signs that
maintenance is needed, and how the necessary maintenance can be
performed. 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, they will be the
responsibility of the developer until the dedication is accepted.
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ORMNANCE NO. 14-1537
PAGE 9 OF 10
(1) CEQA. Provisions of this section shall be complementary to,
and shall not replace, any applicable requirements for
storrnwater mitigation required under the California
Environmental Quality Act.
Section 2. The City Council hereby finds that it can be seen with certainty that there is
no possibility the adoption and implementation of this ordinance may have a significant effect on
the environment. The ordinance is therefore exempt from the environmental review
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of
Title 14 of the California Code of Regulations.
Section 3. Severability. If any section, subsection., subdivision, paragraph, sentence,
clause or phrase of this section, or its application to any person or circumstance, is for any reason
held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this section, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
Section 4. The City Clerk shall cause this ordinance to be published at least once in a
newsnaner of ueneral circulation nublished and circulated in the Citv within fifteen (15) days
after its passage, in accordance with Section 36933 of the Government Code, and shall certify to
the adoption of this ordinance.
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ORDINANCE NO. 14-15 3 7
PAGEIOOFIO
Section 5. This Ordinance shall be in full force and effect 30 days after its second
reading and adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this
4th day of June, 2014.
Mayor Jim Dear
ATTEST:
La-t'�-v
L4:�— j—
Donesia L. Gause, CMC
City Clerk
APPROVED AS TO FORM:
4CiAttom4ey
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1, Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 14-1537 passed first reading on May 20, 2014, was duly and
regularly adopted by the City Council of said City at a regular meeting of said Council, held on
the 4 th day of June, 2014, and that the same was passed and adopted by the following roll call
vote:
AYES: COUNCIL MEMBERS: Mayor Dear,. S antarina, Gipson, and Robles
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Davis -Hol
City Clerk Donesia L. Gause, CMC
ORDINANCES
SECOND READING/RECOMMENDATIONS
Description of Vote:
Maker/Second Aye siNoes/Abstain/Absent
Legend:
JD: Dear ES: Santarina DH: Davis -Holmes MG: Gipson AR: Robles
ITEM NO.
ORD. NO.
TITLE
DISPOSITION
18
14-1537
AN ORDINANCE OF THE CITY OF
Introduced: 05/20/14
CARSON, CALIFORNIA, AMENDING
Item No. 17
SECTION 5809 OF THE CARSON
ES/MG 510
MUNICIPAL CODE TO UPDATE
STORMWATER REGULATIONS FOR
LOW IMPACT DEVELOPMENT AND
THE GREEN STREETS POLICY IN
ACCORDANCE WITH THE LOS
ANGELES COUNTY MUNICIPAL STORM
WATER PERMIT
ORDINANCE NO. 14-15 3 7
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA,
AMENDING SECTION 5809 OF THE CARSON MUNICIPAL
CODE TO UPDATE STORMWATER REGULATIONS FOR
LOW IMPACT DEVELOPMENT AND THE GREEN STREETS
POLICY IN ACCORDANCE WITH THE LOS ANGELES
COUNTY MUNICIPAL STORM WATER 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 (Regional Board), Los Angeles Region Order No. R4-2012-0175, issued on November 8,
2012, which establishes waste discharge requirements for Municipal Separate Storm Sewer
Systems (MS4) discharges within the coastal watersheds of Los Angeles county, except those
discharges originating from the City of Long Beach MS4; and
WHEREAS, Order No. R4-2012-0175 contains requirements for municipalities to
establish a Low Impact Development (LID) ordinance and a "Green Streets'�-Policy in order to
participate in a watershed management program; and
WHEREAS, the Regional Board has adopted total maximum daily loads (TMDLs) for
pollutants, which are numerical limits that must be achieved effectively through LID
implementation; 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, the City is committed to a stormwater management program that protects
water quality and water supply by employing watershed -based approaches that balance
environmental and economic considerations; and
WHEREAS, urbanization has led to increased impervious surface areas resulting in
increased water runoff and less percolation to groundwater aquifers causing the transport of
pollutants to downstream receiving waters; and
WHEREAS, the City intends to expand the applicability of the existing LID requirements
by providing stormwater LID strategies for development and redevelopment projects, as defined
herein.
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ORDINANCE NO. 14-15�7
NOW, THEREFORE, the City Council of the City of Carson, California, does hereby
ordain as follows:
Section 1. Section 5809 of the Carson Municipal Code is hereby repealed and replaced
with a new Section 5809 to read, in its entirety, as follows:
115809 Stormwater Pollution Control Measures for New Development
and Redevelopment Projects.
(a) Low Impact Development. The Planning and Land Development
Program is a compliance component under Municipal NPDES Permit.
Subject new development and redevelopment projects are required to
comply with the following conditions: (1) low impact development
(LID) structural and non-structural best management practices (BMPs);
(2) s%iX�e control BMPs; and (3) structural and non-structural BMPs for
specific types of uses. LID controls effectively a reduced area of
impervious area for a project site and promotes the use of infiltration
and other controls that reduce runoff. Source control BMPs prevent
runoff contact with pollutant materials that would otherwise be
discharged to the MS4. Specific controls are also required to address
pollutant discharges from certain uses including but not limited to
housing developments, retail gasoline outlets, automotive -related
facilities, restaurants, and industrial and commercial facilities where
pollutant materials are disposed, stored, or handled.
(b) Stormwater Management / Watershed Management Program. The
City's stormwater management program (SWMP) or watershed
management program (WMP), whichever is in effect at the time of
review, is hereby incorporated by reference and shall contain specific
conditions and procedures for meeting Planning and Land Development
Program. The program plans shall reference guidance documents to
facilitate compliance, including, but not limited to, an updated Los
Angeles County BMP guidebook, Los Angeles County Low Impact
Development manual, and USEPA's Green Street guidance manual.
These guidebooks and manuals shall be made available for review by
the public in the Public Works Department office.
(c) Applicability. The following development and redevelopment projects,
terined "Planning Priority Projects," shall comply with the requirements
of this section and the Municipal NPDES Permit:
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ORDINANCE NO. 14-1537
(1) All development projects equal to one (1) acre or greater of
disturbed area and adding more than ten thousand (10,000) square
feet of impervious surface area;
(2) Industrial parks ten thousand (10,000) square feet or more of
impervious surface area;
(3) Commercial malls ten thousand (10,000) square feet or more of
impervious surface area;
(4) Retail gasoline outlets five thousand (5,000) square feet or more of
impervious surface area;
(5) Restaurants (Standard Industrial Classification ("SIC") 5812) five
thousand (5,000) square feet or more of impervious surface area;
(6) Parking lots five thousand (5,000) square feet or more of
impervious surface area, or with twenty-five (25) or more parking
spaces;
(7) Street and road construction of ten thousand (10,000) square feet
or more of impervious surface area;
(8)_ Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-
7534 and 7536-7539) five thousand (5,000) square feet or more of
surface area;
(9) Redevelopment projects in subject categories that meet
redevelopment thresholds identified in sub -section (d) below;
(10) Projects located in or directly adjacent to, or discharging directly
to a Significant Ecological Area (SEA), where the development
will:
(i) Discharge stormwater runoff that is likely to impact a
sensitive biological species or habitat; and
(ii) Create two thousand five hundred (2,500) square feet or
more of impervious surface area;
(11) Single-family hillside homes;
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ORDINANCE NO. 14-1537
(12) Redevelopment projects;
(i) Land -disturbing activity that results in the creation or
addition or replacement of five thousand (5,000) square feet
or more of impervious surface area on an already developed
site on Planning Priority Project categories.
(ii) Where redevelopment results in an alteration to more than
fifty (50) 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.
(iii) Where redevelopment results in an alteration of less than
fifty (50) 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.
(iv) 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.
(v) Existing single-family dwelling and accessory structures are
exempt from the redevelopment requirements unless such
projects create, add, or replace ten thousand (10,000) square
feet of impervious surface area.
(13) Any other project as deemed appropriate by the City.
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ORDINANCE NO. 14-1537
(d) Stormwater Pollution Control Requirements. The site for every
Planning Priority Project shall be designed to control pollutants,
pollutant loads, and runoff volume to the maximum extent feasible by
minimizing impervious surface area and controlling runoff from
impervious surfaces through infiltration, evapotranspiration,
bioretention and/or rainfall harvest and use.
(1) A new single-family hillside home development shall include
mitigation measures to:
(i) Conserve natural areas;
(ii) Protect slopes and channels;
(iii) Provide storm drain system stenciling and signage;
(iv) Divert roof runoff to vegetated areas before discharge unless
the diversion would result in slope instability; and
(v) Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
(2) 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.
(3) The remainder of Planning Priority Projects shall prepare a LID plan
subject to City review and approval to comply with the following:
(1) Retain stormwater runoff onsite for the Stormwater Quality
Design Volume (SWQDv) defined as the runoff from:
(A) The eighty-fifth (85th) percentile twenty-four (24) hour
runoff event as determined from the Los Angeles county
eighty-fifth (85th) percentile precipitation isohyetal map;
or
(B) The volume of runoff produced from a three-quarter (0.75)
inch, twenty-four (24) hour rain event, whichever is
greater.
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ORDINANCE NO. 14-1537
(ii) Minimize hydromodification impacts to natural drainage
systems as defined in the Municipal NPDES Permit.
Hydromodification requirements are further specified in the
Low Impact Development design manual.
(iii) When, as determined by the City, one hundred (100) percent
onsite retention of the SWQDv is technically infeasible,
partially or fully, the infeasibility shall be demonstrated in the
submitted LID plan. The technical infeasibility may result from
conditions that may include, but are not limited to:
(A) The infiltration rate of saturated in-situ soils is less than
three -tenths (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;
(B) Locations where seasonal high groundwater is within five
(5) to ten (10) feet of surface grade;
(C) Locations within one hundred (100) feet of a groundwater
well used for drinking water;
(D) Brownfield development sites or other locations where
pollutant mobilization is a documented concern;
(E) Locations with potential geotechnical hazards;
(F) 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.
(iv) If partial or complete onsite retention is technically infeasible,
the project site may biofiltrate one and one-half (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 the Municipal NPDES Permit.
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ORDINANCE NO. 14-1537
(A) Additional alternative compliance options such as offsite
infiltration may be available to the project site. The project
site should contact the City to determine eligibility.
Alternative compliance options are further specified in the
LID impact design manual.
(v) 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 Pen -nit.
Flow-through BMPs may be used to treat the remaining
SWQDv and must be sized based on a rainfall intensity of -
(A) Two-tenths (0.2) inches per hour; or
(B) The one year, one hour rainfall intensity as determined
from the most recent Los Angeles county isohyetal map,
whichever is greater.
(vi) A "Multi -Phased Project" may comply with the standards and
requirements of this section for all of its phases by: (a)
designing a system acceptable to the City to satisfy these
standards and requirements for the entire site during the first
phase, and (b) implementing these standards and requirements
for each phase of development or redevelopment of the site
during the first phase or prior to commencement of construction
of a later phase, to the extent necessary to treat the stormwater
from such later phase. For purposes of this section, "Multi -
Phased Project" shall mean any Planning Priority Project
implemented over more than one phase and the site of a Multi -
Phased Project shall include any land and water area designed
and used to store, treat or manage stormwater runoff in
connection with the development or redevelopment, including
any tracts, lots, or parcels of real property, whether developed
or not, associated with, functionally connected to, or under
common ownership or control with such development or
redevelopment.
(e) Issuance of Discretionary Permits. No discretionary permit may be
issued for any new development or redevelopment project identified in
subsection (c) of this section until the authorized enforcement officer
confirms that either project plans must comply with the applicable LID
requirements.
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ORDINANCE NO. 14-1537
(f) Issuance of Certificates of Occupancy. As a condition for issuing a
Certificate of Occupancy for a new development or redevelopment
project identified in. subsection (c) of this section, the authorized
enforcement officer shall require facility operators and/or owners to
build all the stormwater pollution control Best Management Practices
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 LID 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 (i) assume responsibility for maintenance of any existing
structural or treatment control BMP, or (ii) to replace existing
structural or treatment control BMPs with new control measures or
BMPs meeting the then current standards of the City. 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 proper -ties where the structural or treatment control
BMPs are located within a common area which will be maintained
by a homeowner's association, language regarding the responsibility
for maintenance shall be included in the project's conditions,
covenants and restrictions (CC&Rs). Printed educational material
will be required to accompany the first deed transfer to highlight the
existence of the requirement and to provide information on what
storrnwater management facilities are present, signs that
maintenance is needed, and how the necessary maintenance can be
performed. 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, they will be the
responsibility of the developer until the dedication is accepted.
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(i) CEQA. Provisions of this section shall be complementary to,
and shall not replace, any applicable requirements for
storrnwater mitigation required under the California
Environmental Quality Act.
Section 2. The City Council hereby finds that it can be seen with certainty that there is
no possibility the adoption and implementation of this ordinance may have a significant effect on
the environment. The ordinance is therefore exempt from the environmental review
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of
Title 14 of the California Code of Regulations.
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this section, or its application to any person or circumstance, is for any reason
held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this section, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
Section 4. The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within fifteen (15) days
after its passage, in accordance with Section 36933 of the Government Code, and shall certify to
the adoption of this ordinance.
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Section 5. This Ordinance shall be in full force and effect 30 days after its second
reading and adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this
day of _, 2014.
Mayor Jim Dear
ATTEST:
Donesia L. Gause, CMC
City Clerk
APPROVED AS TO FORM:
City Attorney
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