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HomeMy Public PortalAboutOrd. 1500OR®IR9141VCE IV®. 1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 14.13 TO THE LYNWOOD MUNICIPAL CODE PERTAINING TO DEVELOPMENT PLANNING FOR STORMWATER MANAGEMENT AND ADOPTING A STANDARD URBAN STORMWATER MITIGATION PLAN. VVHEREAS, pursuant to State Law, the City of Lynwood is prepared to adopt a Standard Urban Stormwater Mitigation Plan (SUSMP); and WHEREAS, The City of Lynwood, along with neighboring municipalities within Los Angeles County has become a permittee to the National Pollutant Discharge Elimination System Municipal Storm Water and Urban Runoff Discharge (NPDES) permit with Los Angeles County as the Principal Permittee; and WHEREAS, the City of Lynwood has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to any activity which might degrade the quality of waters of the state; and WHEREAS, the Federal Clean Water Act as amended by the Water Quality Act of 1987, requires that permits for municipal separate storm sewer system shall require controls to reduce discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Public Works Director/City Engineer determines appropriate for the control of such pollutants; and WHEREAS, as part of the NPDES Permit, models for SUSMP have been approved by the Los Angeles Regional Water Quality Control Board for implementation to control storm water pollution from new development and redevelopment; and WHEREAS, this ordinance provides legal authority to comply with the requirements of the NPDES Permit and compliance with said NPDES Permit is exempt from the California Environmental Quality Act; and WHEREAS, the ordinance is in conformance with the General Plan and the City of Lynwood is committed to a storm water management program to protect water quality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 14-13 of the Lynwood Municipal Code is hereby added to read as follows: 14.13 STANDARD URBAN STORMVI~ATER MITIGATION PLAN FOR STORMV!/ATER ~ POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING AND CONSTRUCTION ACTIVITIES 14.13.1 Purpose and Scope a. PURPOSE: The provisions of this section set forth standards and requirements for construction activities and facility operations of development and redevelopment projects to comply with the requirements of the Standard Urban Stormwater Mitigation Plan as defined by the Development Best Management Practices Handbook adopted by the Los Angeles County Department of Public Works. \\Ll'N_SRV 1\VOL3\WORDFILE\PLAi\TIING\RESOS\ordsusmp.doc b. SCOPE: This section provides for the requirements of stormwater pollution control measures in accordance with the Development Best Management Practices Handbook adopted by the Los Angeles County Department of Public Works. This section applies to development and redevelopment project and authorizes the Public Works Director/City Engineer to define and adopt stormwater pollution control measures, grant waivers from the requirements of the Standard Urban stormwater Mitigation Plan, collect funds from projects that are granted waivers, conduct inspections, cite infractions, and impose fines. Except as otherwise provided herein, the Public Works Director/City Engineer or his authorized representative shall administer, implement and enforce the provisions of this section. c. PROJECTS: The following projects shall require a Standard Urban stormwater Mitigation Plan and Best Management Practices which must be incorporated into design plans for the following developments and/or redevelopment: 1. 10 units or more home subdivision 2. 100,000 square foot or more commercial development 3. Redevelopment project creating 5,000 square feet or more of impervious surfaces 4. Automotive repair shop 5. Restaurant 6. Hillside-located single-family dwelling 7. Parking lot 5,000 square feet or more with 25 or more parking spaces and potentially exposed to storm water runoff d. The following development and/or redevelopment projects having the following characteristics or activities will be required to address the applicable sections of the above-mentioned Standard Urban stormwater Mitigation Plan when completing the project design: 1. Automotive or equipment repair and/or maintenance 2. Automotive or equipment washing or cleaning area(s) 3. Outdoor material or waste handling or storage 4. Chemical handling and/or storage of petroleum products, paints, solvents, concrete, or hazardous waste 5. Out door equipment or product fabrication including welding, cutting, sawing, metal fabrication, assembly, application of paints, coatings, or finishes, pre-cast concrete fabrication, etc. 6. Outdoor areas for equipment or machinery repair and/or maintenance 7. Dry cleaning factory 8. Food service 9. Food processing plant 10. Animal slaughtering 11. Animal confinement, pet care facilities, stables, kennels, etc. 12. 10 dwelling units or more 13. Hillside location \\LYN_SRVI\VOL3\WORDFILE\PLANNING\RESOS\ordsusmp.doc - 2 - 14-13.2 Authority a. DEFINE AND ADOPT: The Public Works Director/City Engineer shall have the authority to define and adopt a Standard Urban Stormwater Mitigation Plan and Development Best Management Practices necessary to control stormwater pollution from construction activities and facility operations to the maximum extent practicable pursuant to the Los Angeles County Department of Public Works "Development Best Management Practices Handbook." The Los Angeles County Department of Public Works may from time to time, change, modify, revise or alter stormwater pollution control best management practices. b. REQUIREMENTS: The Public Works Director/City Engineer shall have the authority to withhold grading and/or building permits for developments until: 1. The applicant incorporates into the development; best management practices necessary to control stormwater pollution in accordance with the Development Best Management Practices Handbook adopted by the Los Angeles County Department of Public Works. 2. The City of Lynwood receives a Covenant and Agreement, signed by the owner(s) of the property and recorded by the Los Angeles County Recorder, declaring that the best management practices necessary to control stormwater pollution shall be installed and/or constructed and maintained in proper working conditions at all times. 3. The City of Lynwood receives from a certified and registered engineer or architect, plans that depict specific best management practices incorporated into a project that identify stormwater pollution prevention measures, during and after construction. c. GRANTING OF WAIVERS: The Public Works Director/City Engineer shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the Standard Urban Stormwater Mitigation Plan as defined in the Development Best Management Practices Handbook adopted by the Los Angeles County Department of Public Works. d. FUNDS COLLECTED FROM WAIVER: The Pubic Works Director/City Engineer may collect from the applicant of a project that has been granted a waiver the cost in savings from such waiver. Such collected funds shall be deposited in a Stormwater Pollution Abatement Fund as established by the City. Such monies collected from waivers shall only be expended to promote City solutions for stormwater pollution prevention. 14-13.3 Supplemental Provisi®ns Provisions of this section shall be complimentary to, not replaced by, any requirements for stormwater mitigation existing under the California Environmental Quality Act. \\LYN_SRVI\VOL3\WORDFILE\PLANNING\RESOS\ordsusmp.doc - 3 - q a 14-13.4 Authority to Inspect and Enforce Storn~water Po9Eution Control Measures a. Notwithstanding the provisions of the grading or building permit, non-compliance with any provisions of this section and, or the required Covenant and Agreement pursuant to Section 14-11.2(b)(2) shall be considered an infraction. Each day of non-compliance may be considered a separate violation. Such infraction penalties are set forth by City Council resolution, as amended from time to time. b. Whenever it is necessary to make an inspection to enforce or verify compliance with any stormwater control provisions, as imposed by this section, the Public Works Director/City Engineer and/or his authorized representatives are hereby authorized to enter such property at any reasonable time to inspect for compliance with best management practices and perform any duty imposed by this section or other applicable law. Section 2. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 7th day of November, 2000 and adopted and ordered published at a regular meeting of said Council held on the 21st day of November, 2000. ATTEST: ~`~~ >~ / ''~J ~"` L UIS BYRD, Mayor~.~`~ City of Lynwood ~~ ANDREA L. HOOPER, City Clerk RAL~P . DAV S III, City Manager City of Lynwood APPRO ED AS TO CON ENT: ,~ , GARY CHIC ,Director of Community evelopment \V.YN_SRVI\VOL3\WORDFILE\PLANNING\RESOS\ordsusmp.doc - 4 - APPROVED AS TO FORM: a 6 STATE OF CALIFORNIA a e 4: o . )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st day of November , 2000. AYES: COUNCILMEN REA, REYES, RICHARDS, SANCHEZ, BYRD NOES: NONE ABSENT: NONE z~~~~ ,/ 1 ~ X~~~Q~ City Clerk, City of Lynwood STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1500 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 21st day of November , 2000. ~,~, City Clerk \\LYN_SRVI\VOL3\WORDFILE\PLANNING\RESOS\ordsusmp.doc - 5