Chapter 17.90 STANDARD URBAN STORMWATER MITIGATION PLAN IMPLENTATION

B. Require any action inconsistent with any applicable and lawfully adopted general plan, specific plan, plan amendment, or building code that conforms to the laws of California and the requirements of this chapter; or

C. Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this chapter. (Ord. 03-6 § 1, 3/11/03)

17.90.020 Scope of Chapter.

This chapter shall take effect on February 15, 2001, and shall apply only to approval of discretionary (within the meaning of the California Environmental Quality Act, Public Resources Code Section 21000 et seq.) new development or redevelopment projects (as those terms are defined this chapter):

A. Single-family residences on graded hillside sites;

B. Industrial/commercial developments that disturb one acre or more of surface area;

C. Automotive repair shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539);

D. Retail gasoline outlets;

E. Restaurants (SIC code 5812);

F. Home subdivisions of ten (10) or more dwelling units;

G. Parking lots five thousand (5,000) feet or more or with twenty-five (25) or more parking spaces and potentially exposed to stormwater runoff, as defined in this chapter. (Ord. 03-6 § 1, 3/11/03)

17.90.030 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the “Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County” approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, if defined therein, and if not, by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board—Los Angeles, as such permits may be amended from time to time.

“Automotive repair shop” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534 or 7536-7539.

“Best management practice” or “BMP” means any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollution.

“Commercial development” means any development on private land that is not residential or a site of an industrial activity, as defined in 40 C.F.R. Section 122.26(b)(14). “Commercial development” includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C.F.R. Section 122.26(b)(14).

“Directly connected impervious area” (“DCIA”) means a land area made impermeable to water from which runoff may enter a storm drainage system without first flowing across a permeable land area.

“Greater than nine (9) unit home subdivision” means any subdivision where at least ten (10) single-family or multifamily dwelling units are to be developed.

“Hillside” means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty-five (25) percent or greater.

“Industrial/commercial developments that disturb one acre or more of surface area” means any development on private land that is not residential that disturbs one acre or more of surface area, including, but not limited to, parking areas (see “Commercial development”).

“New development” means the subdivision of land, or the construction of structures or other impervious surfaces, or both.

“Parking lot” means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains five thousand (5,000) square feet or more, or twenty-five (25) or more parking spaces, and which is exposed to stormwater.

“Redevelopment” means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces. 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 remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities related with structural or impervious surfaces. Where redevelopment results in an increase of less than fifty (50) percent of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development.

“Restaurant” means a stand-alone facility where prepared food and drinks are sold for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption. (See SIC Code 5812). “Restaurant” does not include co-located stalls or food counters in general purpose establishments such as markets and grocery stores.

“Retail gasoline outlet” means any facility where gasoline and lubricating oils are sold.

“Source control BMP” means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater 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 separated from the previous storm event by at least seventy-two (72) hours of dry weather.

“Structural control BMP” means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, structural enclosure). This category may include both treatment control BMPs and source control BMPs.

“Treatment” means the use of physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

“Treatment control BMP” means any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 03-6 § 1, 3/11/03)

17.90.040 Rate of Discharge.

No new development shall increase the peak rate of discharge of stormwater from the developed site if this increase would make downstream erosion more probable. (Ord. 03-6 § 1, 3/11/03)

17.90.050 Subdivision Design.

Unless inconsistent with vested rights, the site design for all subdivisions subject to this chapter, to the maximum extent practicable, shall:

A. Concentrate or cluster new development on portions of the site while leaving the remaining land in a natural undisturbed condition;

B. Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection;

C. Preserve riparian areas and wetlands. (Ord. 03-6 § 1, 3/11/03)

17.90.060 Best Management Practices (BMPs).

A. On the date the ordinance codified in this chapter takes effect, those best management practices which are listed in Tables 1 and 2 of the “Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County” approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, shall be deemed to be incorporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a guidebook prepared or recommended by the City Engineer, categorizing development and best management practices for each category.

B. The City Engineer may from time to time revise the guidebook, and the City Council may adopt these revisions by resolution.

C. No best management practice other than a structural or treatment control best management practice shall be used in any development regulated under this chapter, unless the guidebook recommends that practice.

D. No structural or treatment control best management practice may be used in any development regulated under this chapter unless the guidebook recommends that practice. (Ord. 03-6 § 1, 3/11/03)

17.90.070 Control of Erosion of Slopes and Channels.

Best management practices used on slopes or channels in new development or redevelopment subject to this chapter shall:

A. Convey runoff from tops of slopes;

B. Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable;

C. Stabilize soil at permanent channel crossings;

D. Vegetate slopes with native or drought-tolerant species known to control erosion; and

E. Dissipate concentrated flows before they enter unlined channels. (Ord. 03-6 § 1, 3/11/03)

17.90.080 Signage of Storm Drains.

In the project area of new development or redevelopment subject to this chapter, a notice that dumping in storm drains and catch basins is illegal shall be:

A. Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area;

B. Posted at all known public accesses to natural or artificial drainage channels within the project area; and

C. Maintained to preserve the sign. (Ord. 03-6 § 1, 3/11/03)

17.90.090 Outdoor Storage of Materials.

A. All materials stored outdoors in new development or redevelopment subject to this chapter which, if exposed to stormwater, may reasonably be expected to add pollutants to it, shall be thoroughly isolated from contact:

1. With stormwater, by enclosure in a structure; or

2. With stormwater, by a surrounding curb or other containment structure.

B. The storage area must be completely covered:

1. By impermeable paving; and

2. Any structure by an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure. (Ord. 03-6 § 1, 3/11/03)

17.90.100 Outdoor Trash Storage Areas.

Except where they serve only single-family residences, solid waste containers in new development or redevelopment subject to this chapter shall be stored in areas that:

A. Are isolated from contact with stormwater originating outside the storage area; and

B. Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection. (Ord. 03-6 § 1, 3/11/03)

17.90.110 Maintenance of Best Management Practices.

A. Every person applying to the City for discretionary approval of any new development or redevelopment subject to this chapter, as part of that application, in a signed writing, shall agree to maintain any structural or treatment control best management practice to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restriction, commonly known as CC&Rs), CEQA mitigation measures, conditional use permit or other legal agreement (collectively “agreement”).

B. The agreement described in subsection (A) of this section shall remain in force until ownership of the developed property has been entirely transferred, and upon transfer, shall be binding on the new owner(s). (Ord. 03-6 § 1, 3/11/03)

17.90.120 Design Standards for Best Management Practices.

Except as this chapter may specifically exempt, every structural or treatment control best management practice implemented pursuant to this chapter in new development or redevelopment subject to this chapter, for the area contributing to that practice:

A. Shall be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the City Engineer may establish;

B. Shall be adequate:

1. For the volume of stormwater that, as determined by the formula recommended in “ASCE Manual of Practice No. 87 (1998),” may be collected from the contributing area during a twenty-four (24) hour period in which the total stormwater runoff exceeds eighty-five (85) percent of all runoff volumes that have been measured for twenty-four (24) hour periods for that same area; or

2. To treat, by the method recommended in “California Stormwater Best Management Practices Handbook—Industrial/Commercial (1993),” and as determined there, eighty (80) percent or more volume treatment of the annual volume of stormwater runoff from the contributing area; or

3. For the volume of stormwater runoff from the contributing area produced by a storm event of 0.75 inches.

C. Subsection (B) of this section shall not apply to any land area of less than five thousand (5,000) square feet being developed or redeveloped for use by any restaurant, or any retail gasoline outlet.

D. Where redevelopment results in an increase of less than fifty (50) percent of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development. (Ord. 03-6 § 1, 3/11/03)

17.90.130 Loading Docks.

In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, the design of any outdoor loading dock area in new development or redevelopment subject to this chapter shall:

A. Use an overhead covering that prevents the entry of stormwater; or

B. Prevent the entry of stormwater by diverting it away; and

C. Not conduct stormwater from any truck well directly into a storm drain system. (Ord. 03-6 § 1, 3/11/03)

17.90.140 Repair and Maintenance Bays.

In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, in new development or redevelopment subject to this chapter the design of any repair or maintenance bay shall:

A. Prevent the entry of stormwater by diverting it away or by locating such bays indoors; and

B. Use a drainage system that collects all water from washing and from leaks or spills and stores it in a sump for disposal; and

C. Does not conduct stormwater from the bay directly to a storm drain system. (Ord. 03-6 § 1, 3/11/03)

17.90.150 Wash Areas.

The design of any wash area for motor vehicles or equipment in new development or redevelopment subject to this chapter shall use:

A. An adequate overhead covering; and

B. A device that clarifies or otherwise pretreats all wash water; and

C. A drain conducting all treated wash water to a sanitary sewer. (Ord. 03-6 § 1, 3/11/03)

17.90.160 Restaurants.

The design of any restaurant subject to this chapter shall include an area for the washing or cleaning of equipment, which:

A. If indoors, shall:

1. Be self-contained;

2. Use a grease trap; and

3. Use a drain conducting all wastewater to a sanitary sewer; and

B. If outdoors, shall:

1. Use an overhead covering adequate to prevent contact with stormwater;

2. Be covered with impermeable paving;

3. Be surrounded by a curb or other containment; and

4. Use a drain conducting all wastewater to a sanitary sewer. (Ord. 03-6 § 1, 3/11/03)

17.90.170 Retail Gasoline Outlets.

All fuel dispensing areas in any retail gasoline outlet subject to this chapter shall:

A. Be covered by a structure that:

1. Extends outward at least as far as the grade break at all points, and

2. Diverts all stormwater away from the fueling area;

B. Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two (2) percent but not more than four (4) percent;

C. Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents stormwater from entering the fueling area;

D. Extend outward at least six and one-half (6.5) feet from the outermost corner of any fuel dispenser, or a distance one foot greater than the combined length of the dispensing hose and nozzle, whichever distance is less. (Ord. 03-6 § 1, 3/11/03)

17.90.180 Parking Lots.

To the maximum extent practical, all parking lots subject to this chapter shall minimize off-site transport of pollutants by using the following design criteria and BMPs:

A. Minimizing impervious land coverage;

B. Providing for effective treatment or infiltration of stormwater before it is discharged into storm drains; and

C. Use of operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. (Ord. 03-6 § 1, 3/11/03)

17.90.190 Violations.

A. Violation of any provision of this chapter shall be both a misdemeanor and a public nuisance.

B. The remedies specified in this chapter shall not exclude any other legal remedy that may be available to the city. (Ord. 03-6 § 1, 3/11/03)

17.90.200 Inspections.

A. The City Engineer and such officers as the City Engineer may designate shall enforce the provisions of this chapter.

B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this chapter. (Ord. 03-6 § 1, 3/11/03)

17.90.210 Fees.

The City Council may establish and fix the amount of fees for services provided under this chapter, as authorized under Sections 66016 and 66018 of the California Government Code. (Ord. 03-6 § 1, 3/11/03)

17.90.220 Waiver.

A. Any person required under this chapter to implement a structural or treatment control best management practice may petition to the City Council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available.

B. The City Council may waive a structural or treatment control best management practice as impractical if:

1. Inadequate space for treatment exists on a redevelopment project; or

2. Soil conditions strongly disfavor the use of infiltration; or

3. The natural land surface where the BMP would be located lies:

a. Above a known unconfined aquifer, or

b. Less than ten (10) feet above an existing or potential source of drinking water.

C. Any petition for waiver not falling within the foregoing categories shall be forwarded to the Regional Board for consideration. (Ord. 03-6 § 1, 3/11/03)