HomeMy Public PortalAboutResolution 02-41041
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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
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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
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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.
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EXHIBIT A
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"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
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EXHIBIT A
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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
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EXHIBIT A
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• 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.
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Resolution 02 -4104
EXHIBIT A
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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;
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EXHIBIT A
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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.
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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.