Loading...
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. [MORE] 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: [MORE] 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; [MORE] 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. [MORE] 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. [MORE] 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. [MORE] 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. [MORE] 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. [MORE] 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. [MORE] 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. [MORE] 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: [MORE] U 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; [MORE] U 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. [MORE] 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. [MORE] 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. [MORE] 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. [MORE] H 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. [MORE] ORDINANCE NO. 14-1537 (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. [MORE] ORDINANCE NO. 14-1537 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 \\Carson — nas\devsvrs\EN(31NEERING SERVICES DIV IS ION\ORDINANCES\2014\STORMWATER REGULATIONS FOR LID AND GREEN STP EETS Ordinance No. 14-1537.doc