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HomeMy Public PortalAboutResolution 02-41041 1 1 RESOLUTION NO. 02 -4104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ESTABLISHING STORM WATER AND URBAN RUNOFF CONTROLS FOR NEW CONSTRUCTION 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 System (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 eighty -five 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, on July 18, 2000, the City Council of Temple City adopted resolution 00 -849 to amend regulations pertaining to the Standard Urban Storm water Mitigation Plans by resolution. WHEREAS, in December 2001, the Regional Board adopted Order No. 01 -182, which replaced Order No. 96 -054, and WHEREAS, all Los Angeles County permittees have until August 1, 2002, to adopt and September 2, 2002, to implement the Board's revised 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: This Resolution shall be operative on the effective date of September 2, 2002. Section 3: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of July 2002. Resolution 02 -4104 Page 2 ATTEST: City Clerk I, Mary R. Flandrick, City Clerk of the City of Temple City, California, do hereby certify that the foregoing Resolution, being Resolution No. 02 -4104, was duly passed and adopted by the City Council of the City of Temple City, California, at a regular meeting of said City Council held on the 16th day of July, 2002, and that said Resolution was passed by the following vote: AYES: Councilman - Souder, Wilson, Zovak, Vizcarra, Gillanders NOES: Councilman -None ABSENT: Councilman -None ABSTAIN: Councilman -None m re-- City Clerk 1 1 1 1 1 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 methods, measures, or practices designed and selected to reduce or eliminate the discharge of pollutants to surface waters from point and nonpoint source discharges including storm water. BMPs include structural and nonstructural controls, and operation and maintenance procedures, which can be applied before, during, and/or after pollution producing activities. "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" means constructing, clearing, grading, structure teardown, or excavation that results in soil disturbance. It does not include 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. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single - family, multi -unit or planned unit development); industrial, commercial, retail and other non - residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. "Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Environmentally Sensitive Area" means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are: areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use; and an area identified by a Permittee as environmentally sensitive. "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 and where grading contemplates cut or fill slopes. Resolution 02 -4104 EXHIBIT A Page 2 of 7 "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. "Planning Priority Projects" means those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project. These types of projects include: 1. Ten or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments) 2. A 100,000 or more square feet of impervious surface area industrial /commercial development (1 acre or more starting on March 10, 2003) 3. Automotive service facilities (SIC 5013, 5014, 5541, 7532 -7534, and 7536 -7539) 4. Retail gasoline outlets 5. Restaurants (SIC 5812) 6. Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces 7. Redevelopment projects in subject categories that meet Redevelopment thresholds 8. Projects located in or directly adjacent to or discharging directly to an ESA, which meet thresholds; and 9. Those projects that require the implementation of a site - specific plan to mitigate post- development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post - development storm water quality, where the following project characteristics exist: a) Vehicle or equipment fueling areas; b) Vehicle or equipment maintenance areas, including washing and repair; c) Commercial or industrial waste handling or storage; d) Outdoor handling or storage of hazardous materials; e) Outdoor manufacturing areas; f) Outdoor food handling or processing; g) Outdoor animal care, confinement, or slaughter; or h) Outdoor horticulture activities. Redevelopment: land disturbing activity that results in the creation, addition, or replacement of at least five thousand square feet or more of impervious surfaces on an already developed site. Redevelopment includes, but is not limited to, the expansion of a building footprint or addition or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. Existing single - family structures are exempt from the redevelopment requirements. "Restaurant" means a 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 1 1 1 1 1 Resolution 02 -4104 EXHIBIT A Page 3 of 7 code 5812). "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils(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. 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: 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. 3. Construction projects equal to or greater than 1 acre, but less than 5 acres shall prepare and submit a Local Storm Water Pollution Prevention Plan consistent with the most recent Countywide Development Planning Model Program and Municipal NPDES Permit 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. 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 Resolution 02 -4104 EXHIBIT A Page 4 of 7 • 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. b) Residential • 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. 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 and NPDES Municipal permit 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. Projects involving a single family hillside home shall be required to do the following: Conserve natural areas; Protect slopes and channels' Provide storm drain system stenciling and signage; Divert roof runoff and surface flow to vegetated areas before discharge unless the diversion would result in slope instability; and direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability 3. Where a redevelopment project results in an- alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 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. 1 1 1 1 Resolution 02 -4104 EXHIBIT A Page 5 of 7 b. Maximize, to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of stormwater into the ground; 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 Treatment Control BMPs 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; f. Provide for appropriate permanent measures to reduce stomm water pollutant loads from the development site; and g. Properly design and maintain Treatment Control BMPs in a manner that does not promote the breeding of vectors. C. Numerical Design Criteria: Post - construction Treatment Control BMPs for projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff: a) Volumetric Treatment Control BMP (1) The 85 th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23 /ASCE Manual of Practice No. 87, (1998); or (2) The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook - Industrial/ Commercial, (1993); or (3) The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or (4) The volume of runoff produced from a historical- record based reference 24 -hour rainfall criterion for "treatment" (0.75 inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85 th percentile 24 -hour runoff event. b) Flow Based Treatment Control BMP (1) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or (2) The flow of runoff produced from a rain event equal to at least two times the 85 th percentile hourly rainfall intensity for Los Angeles County; or (3) The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. D. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post - construction treatment controls to mitigate storm water pollution: a) Single- family hillside residential developments of one acre or more of surface area; b) Housing developments (includes single family homes, multifamily homes, condominiums, and apartments) of ten units or more; Resolution 02 -4104 EXHIBIT A Page 6 of 7 c) A 100,000 square feet or more impervious surface area industrial/ commercial development; d) Automotive service facilities (SIC 5013, 5014, 5541, 7532 -7534 and 7536 -7539) [5,000 square feet or more of surface area]; e) Retail gasoline outlets [5,000 square feet or more of impervious surface area and with projected Average Daily Traffic (ADT) of 100 or more vehicles]. Subsurface Treatment Control BMPs which may endanger public safety (i.e., create an explosive environment) are considered not appropriate; f) Restaurants (SIC 5812) [5,000 square feet or more of surface area]; g) Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces; h) Projects located in, adjacent to or discharging directly to an ESA that meet threshold conditions identified above; and i) Redevelopment projects m subject categories that meet Redevelopment thresholds. 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 circumstances beyond the control of the applicant prevented the construction from beginning. 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. 1 1 1 1 Resolution 02 -4104 EXHIBIT A Page 7 of 7 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. 3. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing structural or treatment control BMP, or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the city and the SUSMP. 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 BMP's at least once a year and retain proof of inspection. 4. For residential properties where the structural or treatment control BMP's 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 &R's). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water 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. 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: 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.