HomeMy Public PortalAboutResolution 00-3847RESOLUTION NO. 00 -3847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, ESTABLISHING STORM WATER AND URBAN RUNOFF
CONTROLS FOR NEW CONSTRUCTION AND SERVICES FEES
RELATED THERETO
WHEREAS, under the provisions of the Porter - Cologne Act, the State Water Resources Control
Board (SWRCB) and nine regional quality control boards adopt policies and plans relating to water quality
control in the state, which together comprise the uniform water quality guidelines for California, and;
WHEREAS, these boards also implement portions of the federal Water Pollution Control Act, as
amended (the Clean Water Act), and administer the National Pollutant Discharge Elimination (NPDES)
permit program, and;
WHEREAS, in July 1996, the California Regional Water Quality Control Board, Los Angeles
Region, issued a municipal separate storm sewer system permit (Los Angeles County MS4 Permit) to the
County of Los Angeles, as Principal Permittee, and 85 incorporated cities, including the City of Temple
City, as co- permittees to control and minimize the discharge of pollutants associated with storm water and
urban runoff, and;
WHEREAS, on January 26, 2000, the regional Board adopted Board Resolution No. R- 00 -02,
approving the Standard Urban Storm Water Mitigation Plan ( SUSMP), and;
WHEREAS, all Los Angeles County permittees have until October 8, 2000, to implement the
Board's SUSMP requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The SUSMP regulations of the City of Temple City, as evidenced within the attached
Exhibit "A ", are hereby established and approved.
Section 2. The fees and charges relative to the activities contained within the SUSMP
regulations, as evidenced within the attached Exhibit "B ", are hereby established and approved. In taking
this action, the City Council fmds and determines, in accordance with the provisions of Section 54954.6 of
the Government Code, that the service fees and charges being established do not exceed the actual cost
of performing the regulatory services and activities for which they are being collected.
Section 3. All other resolutions concerning the regulations and fees established by this resolution
are hereby amended to the extent necessary to make the same conform herewith.
Section 4. This resolution shall be operative on the effective date of Ordinance No. 00 -848U.
Section 5. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 18th day of July ' 00.
RESOLUTION NO. 00 -3847 PAGE 2
A1'1'EST:
n/
City Clerk
1
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 00 -3847, was adopted by the City Council of the City of Temple City at a regular meeting held on the
18th day of July 2000 by the following vote:
AYES: Councilman- Breazeal, Brook, Wilson and Souder
NOES: Councilman -None
ABSENT: Councilman- Gillanders
tYvt, 12,
City Clerk
June 2000
EXHIBIT A
Storm Water Planning and Construction Regulations
Definitions
"Automotive Repair Shop" means a facility that is categorized in any one of the
following Standard Industrial Classifications (SIC) codes: 5013, 5014, 5541, 7532 -7534,
or 7536 -7539.
"Best Management Practice (BMP)" means any program, technology, process, siting
criteria, operational methods or measures, or engineered systems, which when
implemented prevent, control, remove, or reduce pollution.
"Commercial Development" means any development on private land that is not heavy
industrial or single family residential. The category includes, but is not limited to:
hospitals, laboratories and other medical facilities, educational institutions, recreational
facilities, plant nurseries, multi - family residential buildings, apartments, car wash
facilities, mini -malls and other business complexes, shopping malls, hotels, office
buildings, public warehouses and other light industrial complexes.
Construction Exempt Projects: Construction projects solely involving: routine
maintenance to maintain original line and grade, hydraulic capacity or original purpose of
facility, or Emergency construction activities required to immediately protect public
health and safety, or interior remodeling or Mechanical, electrical and sign permit work.
"Directly Connected Impervious Area (DCIA)" means the area covered by a building,
impermeable pavement, and/ or other impervious surfaces, which drains into the storm
drain system without first flowing across permeable land area (e.g. lawns).
"Environmentally Sensitive Area" means an area designated as an Area of Special
Biological Significance by the City and approved by the Executive Officer of the
Regional Board using as reference the State Water Resources Control Board (Water
Quality Control Plan, Los Angeles Region: Basin Plan for the Coastal Watersheds of Los
Angeles and Ventura Counties (1994) and amendments) or an area designated as an Area
of Ecological Significance by the County of Los Angeles (Los Angeles County Significant
Areas Study, Los Angeles County Department of Regional Planning (1976) and
amendments) or an area designated as a significant natural area by the California
Resources Agency. For the sole purpose of environmentally sensitive areas; "discharging
directly to" means the discharge from a project with a significant potential for pollution
in runoff, including but not limited to priority projects, projects with priority planning
project characteristics and those projects subject to site educational visits which drain into
an environmentally sensitive area via a private or public conveyance system without first
being mitigated by an adequate structural BMP or equivalent.
JLHA Draft Stormwater Ordinance (Planning) 1
June 2000
EXHIBIT A
"Greater than 9 unit home subdivision" means any subdivision being developed for 10 or
more single - family dwelling units.
"Hillside" means property located in an area with known erosive soil conditions, where
the developer contemplates grading on any natural slope that is twenty -five percent or
greater.
"Infiltration" means the downward entry of water into the surface of the soil.
"New Development" means land disturbing activities; structural development, including
construction or installation of a building or structure; creation of impervious surfaces; and
land subdivision.
"100,000 Square Foot Commercial Development" means any commercial development
that creates at least 100,000 square feet of impermeable area, including parking areas.
100,000 Square Foot Industrial Development means any Industrial development that
creates at least 100,000 square feet of impermeable area including parking areas.
"Parking Lot" means land area or facility for the temporary parking or storage of motor
vehicles used personally, for business or for commerce with an improved lot size of 5,000
square feet or more, or with 25 or more parking spaces potentially exposed to rainwater.
Priority Planning Projects: Means any: a.) Single family hillside residences, b.) 100,000
square foot or greater commercial developments, c.) Automotive repair shops, d.) Retail
gasoline outlets, e.) Restaurants, f.) Home subdivisions with 10 to 99 housing units, g.)
Home subdivisions with 100 or more housing units, h.) Locations within or adjacent to or
directly discharging to the an environmentally sensitive area, i.) Parking Lots with 25 or
more parking spaces.
Priority Planning Project Characteristics: Means any project that has the following as
any part of the project: a) Vehicle or equipment fueling areas, b) Vehicle or equipment
maintenance areas, including washing; c) Commercial or industrial waste handling or
storage, excluding typical office or household wastes; d) Outdoor handling or storage of
hazardous materials or waste: e) Projects on hillsides with slopes greater than 25 %; f)
Outdoor work areas for activities such as, but not limited to: welding, cutting, metal
fabrication, assembly, application of paints, coating, or finishing; pre -cast concrete
fabrication; etc.; g) 100,000 square foot or greater industrial development; h) Outdoor
animal confinement (kennels, stables, etc.)
Redevelopment: means, on an already existing developed site, the creation or addition of
at least 5,000 square feet of impervious surfaces or the creation or addition of fifty
percent or more of impervious surfaces or the making of improvements to fifty percent or
more of the existing structure. Redevelopment includes, but is not limited to: the
expansion of a building footprint or addition or replacement of a structure; structural
development including an increase in gross floor area and/ or exterior construction or
JLHA Draft Stornnwater Ordinance (Planning) 2
June 2000
EXHIBIT A
remodeling; replacement of impervious surface that is not part of a routine maintenance
activity; and land disturbing activities related with structural or impervious surfaces.
"Restaurant" means a stand -alone facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consumption. (SIC code 5812).
"Retail Gasoline Outlet" means any facility engaged in selling gasoline as its primary
function (SIC code7538).
"Source Control BMP" means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that aim to prevent
storm water pollution by reducing the potential for contamination at the source of
pollution.
"Storm Event" means a rainfall event that produces more than 0.1 inch of precipitation,
which is separated from the previous storm event by at least 72 hours of dry weather.
Structural BMP" means any structural facility designed and constructed to mitigate the
adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural
enclosure). The category may include both Treatment Control BMPs and Source Control
BMPs.
"Treatment" means the application of engineered systems that use physical, chemical, or
biological processes to remove pollutants. Such processes include, but are not limited to,
filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical
oxidation and UV radiation.
"Treatment Control BMP" means any engineered system designed to remove pollutants
by simple gravity settling of particulate pollutants, filtration, biological uptake, media
adsorption or any other physical, biological, or chemical process.
Regulatory Compliance
1. All persons engaged in construction activities shall operate in compliance with all
stormwater discharge requirements of the United States environmental Protection
Agency, the California State Water Resources Control Board and the California Regional
Water Quality Control Board, Los Angeles Region. Proof of compliance may be
required by the city in a form acceptable to the City Manager or duly authorized
representative thereof prior to the issuance of any grading or building permit.
2. All persons engaged in construction activity within the City requiring a State General
construction activities stormwater permit shall have at the site at all times and available
for review during regular business hours all of the following:
JLHA Draft Storrnwwater Ordinance (Planning) 3
June 2000
EXHIBIT A
a. A copy of the Notice of Intent for the State Construction Activities Stormwater
General Permit.
b. The Waste Discharge Identification number issued by the State Water Resources
Control Board.
c. Copies of the Stormwater Pollution Prevention Plan and the Stormwater
Monitoring Plan as required by the State Construction Activities Stormwater
General Permit.
Post Construction Pollution Reduction
1. All applicants for new development and redevelopment projects shall implement
BMPs into the design and construction of the project to reduce pollutants in post
construction storm water runoff to the maximum extent practicable. All applicants for
such projects shall apply the following best management practices to all projects within
the city
a) Businesses
• All yard drains and catch basins draining to the street or storm drain shall
be stenciled or labeled with the "No Dumping - Drains to Ocean" logo or
equivalent.
• Roof downspouts must not be directed to trash enclosures or material
storage areas. Downspouts shall discharge to gravel or heavily vegetated
areas.
• Trash bins must be screened or walled. Runoff water shall be diverted
around trash areas to avoid flow through. Trash enclosure drainage shall
be directed to vegetated areas where feasible.
• No hoses, hose bibs or faucets shall be located outside except in
landscaped areas or as needed for fire protection.
• The discharge point from any truck well sumps must discharge into a
vegetative area. The vegetative area must be equivalent in size to the
horizontal area of the truck ramp.
• Any water from washing vehicles or equipment shall be discharged to the
sanitary sewer system through proper pretreatment facilities.
• All outdoor storage areas must be equipped with adequate secondary
containment or other equivalent measures to reduce contamination of
runoff. This applies to the storage of both hazardous and non - hazardous
materials both solids and liquids.
JLHA Draft Stormwater Ordinance (Planning) 4
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EXHIBIT A
b) Residential
.tune 2000
• All private yard drains and catch basins draining to the street or storm
drain with grates or openings greater than or equal to 113 square inches
(12 inch circle) must be stenciled or labeled with the "No Dumping - Drains
to Ocean" logo or equivalent.
• Downspouts shall discharge to gravel or heavily vegetated areas.
• Priority shall be given to replacing cleared or graded areas with native or
drought tolerant plants.
Specific BMPs for non - priority planning or projects with priority project
characteristics may be waived if the developer can demonstrate the implementation
will be a physical or economic impossibility or that they will bring the project into
irreconcilable conflict with other City requirements. All such requests for waivers
must be in writing and approved by the City Manager or authorized designee thereof.
2. All applicants for new development and redevelopment priority projects shall submit
an urban storm water mitigation plan consistent with the most recent Countywide
Development Planning Model Program to the City Manager or duly authorized
representative thereof for review and approval prior to the issuance of any site plan
approval, entitlement of use, or grading or building permits.
3. All applicants for new development and redevelopment projects not meeting the
criteria of priority planning projects but with priority planning project characteristics
shall submit a Site Specific Urban Stormwater Mitigation Plan to the City Manager or
duly authorized representative thereof for review and approval prior to the issuance of
any site plan approval, entitlement of use, or grading or building permits. The City
Manager or duly authorized representative thereof shall establish criteria for the
preparation and submittal of the site specific Urban Stormwater Mitigation plan
consistent with the goals of this chapter.
4. The Urban Storm Water Mitigation Plan shall address the following goals in
connection with the long -term operation of the proposed project:
a. Minimize, to the maximum extent practicable, impacts from storm water runoff on
the biological integrity of natural drainage systems and waterbodies in accordance
with requirements under CEQA, Section 404 of the Clean Water Act, local
ordinances and other applicable legal authorities.
b. Maximize, to the maximum extent practicable, the percentage of permeable
surfaces to allow more percolation of stormwater into the ground;
JLHA Draft Stormwater Ordinance (Planning) 5
June 2000
EXHIBIT A
c. Minimize, to the maximum extent practicable, the amount of storm water directed
to impermeable areas and to the municipal separate storm sewer system;
d. Minimize, to the maximum extent practicable, parking lot pollution through the
use of appropriate BMPs such as retention, infiltration and good housekeeping;
e. Establish reasonable limits on clearing of vegetation from the project site
including, but not limited to, regulation of the length of time during which soil
may be exposed and, in certain cases, the prohibition of bare soil; and
f. Provide for appropriate permanent measures to reduce storm water pollutant loads
from the development site to the maximum extent practicable.
Plan Review and Approval
1. Prior to the issuance of any building or grading permit for a new development project
or redevelopment project, the city shall evaluate the proposed project's potential impact:
a. Of post - construction discharges of pollutants to the storm sewer system
b. Of how well the Urban Stormwater Mitigation Plans and Pollution Prevention
Plans and other supporting informant meet the goals of this chapter.
Each plan will be evaluated on its own merits according the site characteristics of each
project site. Plans submitted to the city for review must address the entire proposed
project area. Based upon the review, the City Manager or duly authorized representative
thereof may impose additional conditions on the issuance of the Planning Department
approval or building or grading permits in order to minimize the discharge of pollutants
into the storm drain system.
2. The City Manager or duly authorized representative thereof may establish uniform
minimum standards and criteria for the application of such standards for treatment of
stormwater. The provision of this section shall not prohibit the requirement for additional
treatment to accomplish the goals of this section.
3. The City Manager or duly authorized representative thereof shall approve or
disapprove of the Urban Stormwater Mitigation Plan of Pollution Prevention plan within
30 days of submittal. If disapproved, the reasons for disapproval shall be given to the
applicant in writing. Any plan disapproved may be revised and resubmitted for approval.
4. If no permit has been issued or no construction begun within 180 of approval of an
Urban Stormwater Mitigation Plan, the Urban Stormwater Mitigation Plan for that project
shall expire. The City Manager or duly authorized representative thereof may extend the
time for action by the applicant upon written request by the applicant showing the
JLHA Draft Stormwater Ordinance (Planning) 6
June 2000
EXHIBIT A
circumstances beyond the control of the applicant prevented the construction from
beginning.
Stormwater Treatment Control Permit
1. Any person, firm, partnership, corporation or agent thereof, which incorporates
Treatment Control Best Management Practices into a proposed development shall
first obtain a Stormwater Treatment Control Permit prior to initiating any work
related to the installation of such treatment controls. If the treatment control best
management practice is incorporated into a valid Industrial Waste Discharge
Permit, this section may be waived.
Installation and Maintenance
1. Structural and Treatment Control Best Management Practices must be
implemented and installed as shown on the approved plans. All systems shall be
constructed and installed in such a manner to permit convenient and safe access
for perpetual inspection and maintenance.
2. Any person, firm, partnership, corporation and their agents, heirs and successors
who own, operate or maintain Treatment Control Best Management Practices,
including, but not limited to clarifiers, sediment ponds, and filters shall maintain
the systems in good working order at all times.
Waiver
A waiver of impracticability for post construction structural or treatment control BMPs
may be granted by the City Manager or duly authorized representative thereof if all such
structural or treatment control BMPs have been rejected as infeasible for the following
conditions when certified by a licensed California civil Engineer or Architect:
a) Extreme Limitations of space or treatment on a redevelopment projects, or
b) Unfavorable or unstable soil conditions exist at the site for infiltration, or
c) A known unconfined aquifer or potential source of drinking water exist less that 10
feet from the surface.
Inspections
The City Manager or duly authorized representative thereof may enter and inspect any
private premises during any reasonable time for the purpose of verifying compliance with
the terms and conditions of this chapter. Such inspections may include but are not
limited to:
JLHA Draft Stormwater Ordinance (Planning) 7
June 2000
EXHIBIT A
a) Inspecting efficiency or adequacy of construction or post construction BMPs.
b) Inspection, sampling and testing any area runoff, soils in areas subject to runoff,
and or treatment system discharges.
c) Inspection of the integrity of all storm drain and sanitary sewer systems, including
the use of smoke and dye tests and video survey of such pipes and conveyance
systems.
d) Inspection of all records of the owner, contractor, developer or occupant of public
or private property relating to BMP inspections conducted by the owner, contractor,
developer or occupant.
e) Identifying points of stormwater discharge from the premises whether surface or
subsurface and locating any illicit connection or discharge.
Fees
Fees to recover the plan checking, inspections and other costs of this program will be
established by resolution of the City Council.
JLHA Draft Storrnwater Ordinance (Planning) 8
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EXHIBIT B
CITY OF TEMPLE CITY
URBAN STORM WATER MITIGATION
AND
CONSTRUCTION STORM WATER POLLUTION PREVENTION
PLAN CHECK FEES
URBAN:! STORM WA'iraL MITIGATION PLAN CHECK
Category
• Plan; Check Fee*
100 + Home subdivision
$1,352
50 - 99 Home subdivision
$ 867
10 - 49 Home subdivision
$ 587
100,000 square foot industrial/commercial project
$ 485
Auto repair facility
$ 332
Retail gasoline outlet
$ 332
Restaurant
$ 332
200 space parking lot
$ 255
Outdoor animal confinement
$ 332
Site Specific Plan
$ 281
CONSTRUCTION STORM WATER: POLLUTION PREVENTION PLAN ;CHECK
Projects with a!<totali disturbed area o
Plan> Check Fee*
At least 0.25 acres but less than 2 acres
$ 460
At least 2 acres but less than 5 acres
$ 460 + $0.154/100
square feet over 2
acres
More than 5 acres
$ 745 + $0.154/100
square feet over 5
acres
Non - residential sites under 0.25 acres which is determined by the Building
Official to require a plan review
$ 230
*Plus $85 per hour for second and all subsequent reviews of resubmittals.
RWD /FORM /23870.1