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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 1 1 1 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 1 1 1 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