CHAPTER 3
ENVIRONMENTAL PROTECTION

SECTION:

Article 1. Environmental Quality

9-3-101:    Environmental Quality; Purpose

9-3-102:    Definitions

9-3-103:    State CEQA Guidelines Adopted

9-3-104:    Departmental Responsibility

9-3-105:    Director’s Responsibility

9-3-106:    Completion Deadlines

9-3-107:    Public Notice of Environmental Decision

9-3-108:    Appeal of Environmental Decision

9-3-109:    Conflict Determinations

9-3-110:    through 9-3-117: Reserved

9-3-118:    Adoption of Los Angeles County Hazardous Waste Management Plan

Article 2. Noise Control

Division 1. General Provisions

9-3-201:    Declaration of Policy

9-3-202:    Definitions

9-3-203:    Decibel Measurement Criteria

9-3-204:    Emergency Work; Exemption

9-3-205:    Injunction; Additional Remedy

9-3-206:    City Attorney Authorized to Take Legal Proceedings

Division 2. Special Noise Sources

9-3-207:    Animals and Fowl

9-3-208:    Machinery, Equipment, Fans and Air Conditioning

9-3-209:    Deleted

9-3-210:    Vehicle Repairs in Residential Areas

9-3-211:    Vehicle Operation on Private Property, Etc.

9-3-212:    Sound Suppression on Gasoline and Gas Engines

9-3-213:    Radios, Television Sets and Similar Devices

9-3-213.5:    Radios, Television Sets and Similar Devices in and Adjacent to Park Facilities

9-3-214:    Restrictions on Leaf Blower Operation

Division 3. Sound Trucks

9-3-215:    Purpose of Regulation

9-3-216:    Sound Trucks Must be Registered

9-3-217:    Disapproval of Registration

9-3-218:    Amending Registration

9-3-219:    Copy of Registration to Chief of Police

9-3-220:    Certified Copy of Registration Must be Carried in Sound Truck

9-3-221:    Regulations for Use of Sound Trucks

Division 4. Miscellaneous

9-3-222:    Octave Band Sound Frequency Level Limits

9-3-223:    Noise Sources Not Specifically Covered

9-3-224:    Schools, Hospitals and Churches

Article 3. Removal of Graffiti or Other Inscribed Material

9-3-301:    Purpose

9-3-302:    Removal of Graffiti or Other Inscribed Material

Article 4. Standard Urban Storm Water and Urban Runoff Management Programs

9-3-401:    Purpose

9-3-402:    Applicability

9-3-403:    General Construction Permit

9-3-404:    Construction Priority Projects

9-3-405:    Other Construction Projects

9-3-406:    Exempt Projects

9-3-407:    Best Management Practices (BMPs)

9-3-408:    Permit Issuance

9-3-409:    Retention of Documents

9-3-410:    Inspections

9-3-411:    Enforcement

9-3-412:    Fees

9-3-413:    Adoption of the “Standard Urban Storm Water Mitigation Plan for Los Angeles County and Cities in Los Angeles” Issued by the Regional Water Quality Control Board, Los Angeles Region on March 8, 2000

9-3-414:    Storm Water Pollution Control Measures for Development Planning

Article 5. Model Water Efficient Landscaping Ordinance

9-3-500:    Adoption of the Water Conservation in Landscaping Act (Assembly Bill 1881) “Model Water Efficient Landscaping Ordinance”

ARTICLE 1. ENVIRONMENTAL QUALITY

9-3-101: ENVIRONMENTAL QUALITY; PURPOSE:

The purpose of this article is to provide guidelines for the study of proposed activities and the effect that such activities would have on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-102: DEFINITIONS:

A.    General: Except as otherwise defined either in subsection B of this section or in Title 1, Chapter 1, Article 3 of this code, words and phrases used in this article shall have the same meaning given them by Chapter 2.5 of CEQA and by Article 20 of the State CEQA Guidelines.

B.    Special: The following definitions shall govern in the construction and meaning of this article:

AGENCY: The Redevelopment Agency of the City of Burbank.

AUTHORITY: The Housing Authority of the City of Burbank.

BOARD: Means and includes “board”, “commission”, and “committee”.

DIRECTOR: The Director of Community Development Department or their designee.

LEAD DEPARTMENT: The City Department coordinating the project. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-103: STATE CEQA GUIDELINES ADOPTED:

The City does hereby adopt the State CEQA Guidelines (“Guidelines”) as set forth in Title 14, Section 15000 et seq., of the California Administrative Code and as amended from time to time. This adoption shall not be construed so as to limit the City in adopting additional implementing procedures in accordance with Section 15022 of said Guidelines, or other ordinances deemed necessary for the protection of the environment. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-104: DEPARTMENTAL RESPONSIBILITY:

The Lead Department shall:

A.    Determine whether an activity is a project subject to CEQA.

B.    If determined to be a project, evaluate whether it is exempt or whether there is a possibility that the project may have a significant effect on the environment.

C.    If the project is not exempt from CEQA, submit to the Director an application for preparation of an initial study, in a form approved by the Director. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-105: DIRECTOR’S RESPONSIBILITY:

The Director shall:

A.    Generate and keep a list of exempt projects.

B.    Conduct initial studies.

C.    Prepare Negative Declarations.

D.    Prepare draft and final EIRs.

E.    Consult with and obtain comments from other public agencies and members of the public with regard to the environmental effect of projects, including “scoping” meetings when deemed necessary or advisable.

F.    Assure adequate opportunity and time for public review and comment on the draft EIR or Negative Declaration.

G.    Determine adequacy of an EIR or Negative Declaration.

H.    Submit the final appropriate environmental document to the Council or other decision making person or body who will approve or disapprove a project. That decision making body shall certify the adequacy of the environmental document.

I.    File documents required or authorized by CEQA and the State CEQA Guidelines.

J.    Collect fees and charges necessary for the implementation of this article shall be designated in an amount in the Burbank Fee Resolution as may be amended by Council from time to time.

K.    Formulate rules and regulations as the Director may determine are necessary or desirable to further the purposes of this article. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-106: COMPLETION DEADLINES:

A.    Time Limitations: Time limits for completion of the various phases of the environmental review process shall be consistent with CEQA and Guidelines; and those time limits are incorporated herein by reference. Reasonable extensions to these time limits shall be allowed upon consent by the applicant.

B.    Legislative Acts: Time limits set forth in this section shall not apply to legislative actions.

C.    Appeal: Any time limits set forth herein shall be suspended during an administrative appeal. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-107: PUBLIC NOTICE OF ENVIRONMENTAL DECISION:

A.    Posting: Notice of the decision of whether to prepare an EIR, Negative Declaration, or declare a project exempt shall be posted at the Planning Division counter, and shall be dated.

B.    Additional Notice: Notice that the City proposes to adopt a Negative Declaration shall be provided to the public at least ten (10) days prior to the date of the meeting at which consideration of adoption of the Negative Declaration shall be given. Notice shall be given to all organizations and individuals who have previously requested such notice. Notice shall also be given by publication one time in the newspaper of general circulation designated by Council for such purpose. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-108: APPEAL OF ENVIRONMENTAL DECISION:

A.    Time: Fifteen (15) days after the decision is made, any interested party may appeal the decision to the Planning Board by completing a Request to Appeal form at the Planning Division.

B.    Fee: The applicant shall pay a fee as determined by the Burbank Fee Resolution, as may be amended by Council from time to time. The fee may be waived for proposed projects within the Media District upon approval by a majority of Council members.

C.    Determination: The Planning Board shall hear all appeals of decisions on any environmental issue. The hearing shall be limited to considerations of the environmental or procedural issues raised by the appellant in the written notice of appeal. The original decision shall be presumed correct, and the burden of proof shall be on the appellant to establish otherwise. The Planning Board may uphold or reverse the environmental decision, or remand the decision back to the Director for reconsideration if substantial evidence of procedural or significant new environmental issues are presented. The decision of the Board will be final, unless appealed to the City Council.

D.    Appeal Of Planning Board Decision To City Council: Any interested party may, within fifteen (15) days after the decisions of the Board, appeal the decision to the Council by completing a Request to Appeal form at the Planning Division and paying a fee as determined by the Burbank Fee Resolution as may be amended by Council from time to time. The fee may be waived for proposed projects within the Media District upon approval by a majority of Council members. [Amended by Ord. No. 3264, eff. 9/14/91; 3163.]

9-3-109: CONFLICT DETERMINATIONS:

This article establishes procedural guidelines for the evaluation of the environmental factors concerning activities within the City and in accordance with State Guidelines. Where conflicts exist, the State Guidelines shall prevail except where this article is more restrictive. [Amended by Ord. No. 3163, eff. 10/14/89.]

9-3-110 through 9-3-117: RESERVED:

[Repealed by Ord. No. 3163, eff. 10/14/89.]

9-3-118: ADOPTION OF LOS ANGELES COUNTY HAZARDOUS WASTE MANAGEMENT PLAN:

The Los Angeles County Hazardous Waste Management Plan (LACoHWMP) presents an overview of the existing hazardous waste management system, and provides for planning in the future. This plan is herein adopted and incorporated by reference into the Burbank Municipal Code. Notwithstanding compliance with the LACoHWMP, applications for hazardous waste facilities shall be required to obtain conditional use permits pursuant to Title 10 of this code, as well as state and federal environmental assessments referred to in this chapter. [Added by Ord. No. 3194, eff. 7/7/90.]

ARTICLE 2. NOISE CONTROL

DIVISION 1. GENERAL PROVISIONS

9-3-201: DECLARATION OF POLICY:

It is the policy of the City to prohibit unnecessary, excessive and annoying sounds which at certain levels and frequencies are detrimental to the health and welfare of the City’s inhabitants and in the public interest must be systematically proscribed. [Formerly Numbered Section 21-20; renumbered by Ord. No. 3058, eff. 2/21/87; 2383, 2338, 2336.]

9-3-202: DEFINITIONS:

Unless the context otherwise clearly indicates, the words and phrases used in this article are defined as follows:

AMBIENT NOISE: The all encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured.

A-WEIGHTED LEVEL OR “A”: Used in conjunction with dB is the total sound level of all noise as measured with a sound level meter using the A-weighting network as defined in American National Standards Specification for sound level meters S1.4-1971. The unit is the dBA.

BAND PRESSURE LEVEL: “Band pressure level” of a sound for a specified frequency band is the sound pressure level for the sound contained within the restricted band.

CYCLE: The complete sequence of values of a periodic quantity which occurs during a period.

DAYTIME: The hours from seven o’clock (7:00) A.M. to ten o’clock (10:00) P.M.

DECIBEL OR dB: A unit of level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

FREQUENCY: “Frequency” of a function periodic in time is the reciprocal of the primitive period. The unit is hertz and shall be specified.

HERTZ OR Hz: Cycles per second.

MICROBAR: A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.

MOTOR VEHICLE: Includes, but shall not be limited to, minibikes and go-carts.

NIGHTTIME: The hours from ten o’clock (10:00) P.M. until seven o’clock (7:00) A.M. of the following day.

NOISE: Includes all sound.

PERIOD: “Period” of a periodic quantity is the smallest increment of time for which the function repeats itself.

PERIODIC QUANTITY: Oscillating quantity, the values of which recur for equal increments of time.

SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music, or any other sound, but shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed, and as used in this chapter shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

SOUND ANALYZER: A device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.

SOUND LEVEL METER: An instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner.

SOUND PRESSURE LEVEL: “Sound pressure level” of a sound, in decibels, is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference pressure, which for the purposes of this chapter shall be 0.0002 microbars.

SOUND TRUCK: Any vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

SPECTRUM: “Spectrum” of a function of time is a description of its resolution into components, each of a different frequency or frequency band. [Formerly Numbered Section 21-21; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-203: DECIBEL MEASUREMENT CRITERIA:

A.    Any decibel measurement made pursuant to the provisions of this article shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in hertz, as follows: 31.5, 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000 or as measured with a sound level meter using the A-weighting, and using the slow meter response.

B.    Unless otherwise provided, measurements shall be taken with the microphone located at any point on the property line of the noise source, but no closer than five feet (5’) from any wall or vertical obstruction and not less than five feet (5’) above ground level whenever possible. In no case shall such measurements be taken at less than three feet (3’). When measurements are taken at less than five feet (5’), the distance shall be recorded and appropriate corrections to the reading may be applied.

C.    A minimum of three (3) readings shall be taken at two (2) minute intervals. The sound level shall be the average of these readings.

D.    Sound pressure levels shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American National Standards Institute. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1971 American National Standards Institute, New York, New York, and American Standard Specification for octave, half octave and third octave band filter set for the analysis of noise and other sounds, S1.11-1966, American National Standards Institute, New York, New York, shall be used.) [Formerly Numbered Section 21-22; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-204: EMERGENCY WORK; EXEMPTION:

This article shall not apply to emergency work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by a private or public utility when restoring utility service. [Formerly Numbered Section 21-23; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-205: INJUNCTION; ADDITIONAL REMEDY:

The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this article, which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to summary abatement by a restraining order or injunction issued by a court of competent jurisdiction. This is not intended to preclude resort to any other legal remedy. [Formerly Numbered Section 21-24; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-206: CITY ATTORNEY AUTHORIZED TO TAKE LEGAL PROCEEDINGS:

The City Attorney, upon request of the Building Director, is authorized to institute necessary legal proceedings to enforce the provisions of this article. [Formerly Numbered Section 21-25; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

DIVISION 2. SPECIAL NOISE SOURCES

9-3-207: ANIMALS AND FOWL:

A.    No person shall keep or maintain upon any premises owned, occupied or controlled by them any animal or fowl which, by any sound, cry or behavior, shall cause discomfort or annoyance to a reasonable person of normal sensitiveness in any residential area.

B.    A violation of this section shall constitute an infraction. [Formerly Numbered Section 21-30; Renumbered by Ord. No. 3058, eff. 2/21/87; 2749, 2383.]

9-3-208: MACHINERY, EQUIPMENT, FANS AND AIR CONDITIONING:

A.    Decibel Limit: No person shall operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in such a manner as to cause the ambient noise level to be exceeded by more than five (5) decibels. In the case of leaf blowers, as defined by Section 9-3-214 of this article, the ambient noise level may not be exceeded by more than twenty (20) decibels.

B.    Ambient Noise Base Level: For the purposes of this section only, all ambient noise measurements shall commence at the following ambient noise base levels in the zones and during the times shown:

Base Levels

Time

Zone

45 dBA

Nighttime

Residential

55 dBA

Daytime

Residential

65 dBA

Anytime

Commercial

70 dBA

Anytime

All other zones

Accordingly, and by way of illustration, the ambient noise level in commercial zones shall be deemed to be sixty five (65) dBA notwithstanding a lower reading; provided, however, that when the ambient noise base level for the property on which the machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device is located is higher than the ambient noise base level for adjacent property, the ambient noise base level for the adjacent property shall apply. Properties separated by a street shall be deemed to be adjacent to one another.

C.    Exception For Home Air Conditioners: Air conditioning appliances and equipment installed on or before June 1, 1972, in residences in residential zones may be operated until January 1, 1974, between the hours of eight o’clock (8:00) A.M. and ten o’clock (10:00) P.M. without complying with the decibel limits prescribed in this section. [Formerly Numbered Section 21-31; Renumbered by Ord. No. 3058, eff. 2/21/87; 3122, 2383, 2361.]

9-3-209: CONSTRUCTION IN RESIDENTIAL AREAS; EXCEPTION:

[Deleted by Ord. No. 3797, eff. 12/3/10; Formerly Numbered Section 21-32; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. 3588, eff. 11/3/01; 2383.]

9-3-210: VEHICLE REPAIRS IN RESIDENTIAL AREAS:

It is unlawful for any person in a residential zone of the City, or within a radius of five hundred feet (500’) from any residential zone, to repair, rebuild or test any motor vehicle during the nighttime in such manner that a reasonable person of normal sensitiveness residing in the zone is caused discomfort or annoyance. [Formerly Numbered Section 21-33; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-211: VEHICLE OPERATION ON PRIVATE PROPERTY, ETC.:

No person shall operate any motor driven vehicle within the City in such manner that a reasonable person of normal sensitiveness residing in the area where the vehicle is being operated is caused discomfort or annoyance. This section shall apply only if the operation of the vehicle is not regulated by State law. [Formerly Numbered Section 21-34; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-212: SOUND SUPPRESSION ON GASOLINE AND GAS ENGINES:

No person having charge or control of any engine in which gas, gasoline, distillate or other similar substance is used as a motive power, shall run or operate such engine without having the exhaust pipe thereof connected with an underground air chamber or having attached to such exhaust pipe a muffler or other device so constructed as to deaden the sound of the exhaust of such engine and effectually prevent such exhaust from making any loud noise or disturbing the peace and quiet of persons in its vicinity. This section shall apply to the engine of a motor vehicle only if its exhaust equipment is not regulated by State law. [Formerly Numbered Section 21-35; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-213: RADIOS, TELEVISION SETS AND SIMILAR DEVICES:

A.    Disturbing Residents: No person shall use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

B.    Prima Facie Violation: Any noise causing the ambient noise level to be exceeded by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of this section. Noise measurements shall be taken within any adjoining apartment if the radio receiving set, musical instrument, phonograph, television set or other machine or device is in an apartment house, condominium or other multiple dwelling. [Formerly Numbered Section 21-36; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-213.5: RADIOS, TELEVISION SETS AND SIMILAR DEVICES IN AND ADJACENT TO PARK FACILITIES:

A.    Disturbing Residents: No person in a park (including public parking lots) or on a right of way adjacent to a park shall use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound or other sound amplification systems in such manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

B.    Prima Facie Violation: Any person who operates or permits the operation of an outdoor sound amplification device which can be heard seventy five feet (75’) or more away: 1) from the closest boundary of the park, when the source of the noise is within the boundaries of a park; or 2) from the actual source of the noise, when the source is of noise is located in the right of way adjacent to a park; shall be deemed to be prima facie evidence of a violation of this section.

C.    Exceptions: This prohibition shall not apply to a park permit or other City approval that expressly authorizes the use of outdoor sound amplification devices. [Added by Ord. No. 3642, eff. 7/24/04.]

9-3-214: RESTRICTIONS ON LEAF BLOWER OPERATION:

A.    Definitions:

LEAF BLOWER: Any machine however powered used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces.

PARCEL: An area of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for the purposes of this section.

B.    Time Restrictions: No person shall operate a leaf blower within a residential zone or within two hundred feet (200’) of a residential zone between the hours of six o’clock (6:00) P.M. to eight o’clock (8:00) A.M.

C.    Duration of Use: No person shall operate any leaf blower within a residential zone or within two hundred feet (200’) of a residential zone for more than fifteen (15) minutes per hour on parcels less than one-half (1/2) acre and no more than thirty (30) minutes per hour on parcels greater than one-half (1/2) acre.

D.    Number of Leaf Blowers: No person shall operate more than one leaf blower per parcel within any residential zone or within two hundred feet (200’) of a residential zone.

E.    Debris Restriction: No person shall operate any leaf blower within the City in such a way as to blow leaves, dirt, and other debris on to adjoining properties and public rights of way and to allow the material to remain there for more than fifteen (15) minutes. [Added by Ord. No. 3122; Formerly Numbered Section 21-37; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

DIVISION 3. SOUND TRUCKS

9-3-215: PURPOSE OF REGULATION:

The Council recognizes that the use of sound amplifying equipment when operated for free speech purposes is protected by the constitutional rights of freedom of speech and assembly, but nevertheless feels obligated to reasonably regulate the use of such equipment in order to protect the correlative constitutional rights of those who wish privacy and freedom from the nuisance of loud and unnecessary noise. [Formerly Numbered Section 21-40; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-216: SOUND TRUCKS MUST BE REGISTERED:

No person shall use a sound truck on the street with its sound amplifying equipment in operation without having first filed a registration statement with the Community Development Department in writing. This registration shall be filed in triplicate and shall state the following:

A.    Name and home address of the registrant;

B.    Address and place of business of registrant;

C.    License number and motor number of the sound truck to be used by registrant;

D.    Name, address and telephone number of person who owns the sound truck;

E.    Name, address and telephone number of person having direct charge of the sound truck;

F.    Names and addresses of all persons who will use or operate the sound truck;

G.    The purpose for which the sound truck will be used;

H.    A general statement as to the section or sections of the City in which the sound truck will be used;

I.    The proposed hours of operation of the sound truck;

J.    The number of days of proposed operation of the sound truck;

K.    A general description of the sound truck amplifying equipment which is to be used;

L.    The maximum sound producing power of the sound amplifying equipment, expressed in decibels at a reference distance of thirty feet (30'); and

M.    Whether the sound amplifying equipment will be used for commercial or noncommercial purposes. [Formerly Numbered Section 21-41; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

9-3-217: DISAPPROVAL OF REGISTRATION:

The Community Development Department shall accept such registration unless the Community Development Director finds that the regulations for the use of sound trucks set forth in Section 9-3-221 of this article would be violated in whole or part. If the registration is disapproved, the reasons for disapproval shall be endorsed on the statement and it shall be returned to the applicant forthwith. [Formerly Numbered Section 21-42; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383.]

9-3-218: AMENDING REGISTRATION:

All persons using sound trucks shall amend any registration statement filed pursuant to this article within forty eight (48) hours after any change in the information therein furnished. [Formerly Numbered Section 21-44; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383, 2338, 2336.]

9-3-219: COPY OF REGISTRATION TO CHIEF OF POLICE:

The Community Development Department shall furnish the Chief of Police with a copy of such registration statement and all amendments thereto. [Formerly Numbered Section 21-45; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

9-3-220: CERTIFIED COPY OF REGISTRATION MUST BE CARRIED IN SOUND TRUCK:

The Community Development Department shall return to each registrant hereunder one copy of said registration statement duly certified as a correct copy of said registration. Said certified copy of the registration shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying equipment is in operation, and said copy shall be promptly displayed and shown to any police officer or Community Development Director of the City upon request. [Formerly Numbered Section 21-46; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2383, 2338, 2336, 2194.]

9-3-221: REGULATIONS FOR USE OF SOUND TRUCKS:

All persons using sound trucks with sound amplifying equipment in operation shall be subject to the following regulations:

A.    The only sound permitted is music or human speech or both;

B.    The human speech and music amplified shall not be obscene, profane, lewd, indecent, vulgar, or slanderous, nor shall such music or speech induce, request, or incite any persons to injure or damage persons or property, or to do any illegal act;

C.    Sound shall not be issued within three hundred feet (300') of any hospital, church, courthouse, or school;

D.    No sound emanating from sound amplifying equipment shall exceed fifteen (15) dBA above the ambient noise level as measured at the property line of the affected property;

E.    Sound amplifying equipment shall not be operated between the hours of nine o’clock (9:00) P.M. and nine o’clock (9:00) A.M. of the following day during weekdays and at no time on Sundays;

F.    No sound truck with its amplifying equipment in operation shall be operated when:

1.    The conditions of motor vehicle movement are such that in the opinion of the Chief of Police use of the equipment would constitute a detriment to traffic safety; or

2.    The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; and

G.    The volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. [Formerly Numbered Section 21-47; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383, 2338, 2336.]

DIVISION 4. MISCELLANEOUS

9-3-222: OCTAVE BAND SOUND FREQUENCY LEVEL LIMITS:

A.    For those marginal cases where an objectionable noise is clearly audible, but where the measured A-weighted noise level is not violated, sound measurements shall be taken utilizing an octave band sound analyzer and compared to the table on the next page:

Allowable A-Weighted Sound Levels

40

45

50

55

60

65

70

75

Octave Band Frequency Sound Level Limits (In Decibels) For Each Frequency (In Hz)

31.5

63

125

250

500

1000

2000

4000

8000

61

54

47

42

37

34

31

28

25

64

58

51

46

42

39

36

33

30

57

61

55

51

47

44

41

38

35

70

65

60

55

52

49

46

43

40

73

68

64

60

56

54

51

48

45

76

72

68

64

61

59

56

53

50

79

76

72

69

66

64

61

58

55

82

79

76

73

71

69

66

63

60

Where the A-weighted sound level is between any of the figures shown, octave band frequency sound levvel limits for such A-weighted sound level shall be determined by proportionally adjusting the figures shown to the nearest whole figure.

B.    Any measured sound pressure level in any octave band exceeding the noise limits prescribed above, as adjusted using the following table, is prohibited:

Condition

Adjustment To Be Added To Values Given (Decibels)

Steady audible tone such as hum, whine, or screech

Minus 5

Continuous impulsive noise such as hammering or riveting

Minus 5

Noise occurring more than 5 but less than 15 minutes per hour

Plus 5

Noise occurring more than 1 but less than 5 minutes per hour

Plus 10

Noise occurring less than 1 minute per hour

Plus 20

[Formerly Numbered Section 21-50; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-223: NOISE SOURCES NOT SPECIFICALLY COVERED:

Notwithstanding any other provision of this article and in addition thereto, it shall be unlawful for any person to wilfully make or continue any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of this section exists shall include, but not be limited to, the following:

A.    The sound pressure level of the noise;

B.    The octave band sound pressure level of the noise;

C.    Whether the nature of the noise is usual or unusual;

D.    Whether the origin of the noise is natural or unnatural;

E.    The sound pressure level and octave band sound pressure level of the background noise, if any;

F.    The proximity of the noise to residential sleeping facilities;

G.    The nature and zoning of the area within which the noise emanates;

H.    The density of the inhabitation of the area within which the noise emanates;

I.    The time of the day or night when the noise occurs;

J.    The duration of the noise;

K.    Whether the noise is recurrent, intermittent or constant; and

L.    Whether the noise is produced by a commercial or noncommercial activity. [Formerly Numbered Section 21-51; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

9-3-224: SCHOOLS, HOSPITALS AND CHURCHES:

It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any hospital or to any school, institution of learning or church while the same is in use, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital. [Formerly Numbered Section 21-52; Renumbered by Ord. No. 3058, eff. 2/21/87; 2383.]

ARTICLE 3. REMOVAL OF GRAFFITI OR OTHER INSCRIBED MATERIAL

9-3-301: PURPOSE:

The purpose of this article is to provide a program for the removal of graffiti and other inscribed materials from walls and structures on both public and private property. Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties; and in so doing has a negative impact upon the entire City. In 1976, the Legislature added Section 53069.3 to the Government Code which authorizes the City under certain circumstances to provide for the removal of graffiti and other inscribed materials from private as well as public property. The Council finds and determines that graffiti is obnoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be. [Added by Ord. No. 2785; Formerly Numbered Section 21-53; Renumbered by Ord. No. 3058, eff. 2/21/87.]

9-3-302: REMOVAL OF GRAFFITI OR OTHER INSCRIBED MATERIAL:

Whenever the Public Works Director determines that graffiti or other inscribed material is so located on public or privately owned permanent structures on public or privately owned real property within this City so as to be capable of being viewed by a person utilizing any public right of way in this City, the Public Works Director is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:

A.    In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.

B.    Where a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as to form by the City Attorney.

C.    Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the City Attorney. [Added by Ord. No. 2785; Formerly Numbered Section 21-54; Renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 4. STANDARD URBAN STORM WATER AND URBAN RUNOFF MANAGEMENT PROGRAMS1

9-3-401: PURPOSE:

Storm water runoff may contain pollutants that are suspended in, or dissolved in, urban and storm water discharges. The sources of the pollutants include most developed properties with the concentrations and types of pollutants varying with land use activities. The aggregate contribution of these individual pollutant discharges can result in significant impairment to the water bodies, oceans, and harbors in Los Angeles County.

To address these storm water pollution issues in development and construction projects, the municipal storm water National Pollutant Discharge Elimination System (NPDES) permit was issued by the Los Angeles Regional Water Quality Control Board. The requirement for the program was based on Section 402(p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) and the California Water Code. Storm water discharges from construction activities under the NPDES program are regulated by the Clean Water Act amendments of 1987. The primary objectives established under this program are to:

A.    Effectively prohibit non-storm water discharges, and

B.    Reduce the discharge of pollutants from storm water conveyance systems to the Maximum Extent Practicable (MEP statutory standard).

The purpose of this ordinance is to implement certain provisions in Title 8 Chapter 1, Article 10 pertaining to the implementation of storm water and runoff control through the tentative map approval, and the building and grading permit issuance process. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-402: APPLICABILITY:

Unless otherwise designated as an Exempt Project, all projects in conjunction with the issuance of any permits or development or redevelopment approvals shall meet the minimum storm water discharge requirements established by the United States Environmental Protection Agency, the California State Water Resources Control Board and the California Regional Water Quality Control Board, Los Angeles Region, as set forth in this article. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-403: GENERAL CONSTRUCTION PERMIT:

A.    General Construction Permit Required. A California General Permit for Storm Water Discharges Associated with Construction Activity (hereinafter referred to as the “General Construction Permit”) shall be required prior to issuance of a building or grading permit for all construction projects where one acre or more of soil is disturbed, or where the project results in the disturbance of less than one acre, but is part of a larger common development that exceeds one acre.

B.    Requirements for building or grading permit. As part of a building or grading permit application, the applicant shall first present to the Public Works or Community Development Director:

1.    A copy of a NPDES permit or a copy of the Notice of Intent for the State Construction Activities Storm Water General Permit filed with the State Water Resources Control Board (SWRCB), and

2.    The Waste Discharge Identification (WDID) number issued by the State Water Resources Control Board (SWRCB) or a copy of the NPDES permit, and

3.    A copy of the Storm Water Pollution Prevention Plan (SWPPP) and the Storm Water Monitoring Plan as required by the State Construction Activities Storm Water General Permit.

C.    Permit availability on site. All persons engaged in construction activity within the City requiring a State General Construction Activities Storm Water permit shall have at the site at all times and available for review during regular business hours copies of the required General Construction Permit submittal documents.

D.    Transfer of Ownership. When transfer of ownership takes place for the entire development or portions of the common plan of development where construction activities are still ongoing, proof of an NOI and a copy of the SWPPP shall be submitted to the Public Works or Community Development Director. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-404: CONSTRUCTION PRIORITY PROJECTS:

A.    Definition of Construction Priority Project. A Construction Priority Project is defined as a (1) project disturbing greater than one acre; (2) project in or adjacent to an environmentally sensitive area; or (3) project located in a hillside area.

B.    Requirements for building or grading permit. As part of the building or grading permit application, the applicant shall first present to the Public Works or Community Development Director:

1.    A local Storm Water Pollution Prevention Plan (SWPPP) covering construction materials and waste management control. Every such SWPPP shall include:

a.    The name, location, period of construction and a brief description of the project;

b.    The contact information for the owner and contractor;

c.    The name, location and description of any environmentally sensitive areas located in or adjacent to the project.

d.    The major construction materials, wastes, and activities at the project site.

e.    The best management practices (BMPs) to be used to control pollutant discharges from major construction materials, wastes, and activities.

f.    A site plan indicating the selection of BMPs and their locations.

g.    A signed certification statement.

2.    An Owner’s Certification Statement for Minimum Requirements.

3.    A Developer/Contractor Self-Inspection Form.

4.    A Wet Weather Erosion Control Plan (WWECP) when construction is to commence not later than 30 days prior to and/or will continue into the rainy season (November 1 through April 15) shall be prepared in addition to the SWPPP. Every such WWECP shall be available 30 days prior to the commencement of construction and shall include:

a.    The name, location, period of construction, and a brief description of the project.

b.    The contact information for the owner and contractor.

c.    A site plan indicating the selection of BMPs and their locations.

d.    A signed certification statement.

e.    An Owner’s Certification Statement for Minimum Requirements.

f.    A Developer/Contractor Self-Inspection Form.

5.    For projects requiring coverage under a statewide general construction storm water permit, proof of a Waste Discharger Identification (WDID) Number for filing a Notice of Intent (NOI) for permit coverage and a certification that a SWPPP has been prepared by the project developer. A local SWPPP may substitute for the State SWPPP if approved by the Public Works or Community Development Director. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-405: OTHER CONSTRUCTION PROJECTS:

To obtain a grading or building permit for all other projects, not otherwise designated as a General Construction Permit, a Construction Priority Project, or an Exempt Project, the permit application shall be accompanied by an Owner’s Certification Statement for Minimum Requirements. The submittal of such statement shall not exempt any person from complying with all other provisions of this ordinance nor relieve such person from applying the appropriate Best Management Practices as specified in Section 9-3-407 during the construction of such project. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-406: EXEMPT PROJECTS:

Storm water construction control measures including the minimum BMP requirements shall not be required for the following:

A.    Routine maintenance to maintain original line and grade, hydraulic capacity or original purpose of facility;

B.    Emergency construction activities required to immediately protect public health and safety;

C.    Interior remodeling with no outside exposure of construction materials or construction waste to storm water;

D.    Mechanical permit work;

E.    Electrical permit work;

F.    Sign permit work;

G.    The Public Works or Community Development Director may designate other development construction projects exempt provided that there is:

1.    No significant soil disturbing activity, and

2.    No outside storage or exposure to storm water of construction materials or construction wastes, and

3.    No activity that poses greater than a minimal risk of storm water pollution. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-407: BEST MANAGEMENT PRACTICES (BMPS):

Best Management Practices shall apply to all construction projects and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy. The Best Management Practices selected for each development construction project, not otherwise designated as a project subject to the General Construction Permit, or an Exempt Project, shall be as set forth in the City’s Municipal Storm Water and Urban Runoff Discharges Manual.

Construction Priority Project SWPPP and WWECP shall include, at a minimum, the following BMPs:

A.    Sediment Control:

1.    At site perimeters,

2.    Below significant slopes (1 vertical to 5 horizontal or greater)

3.    At interior storm drain inlets

B.    Erosion Control (soil stabilization) on completed disturbed surfaces.

C.    General Site Management, and Materials and Waste Management BMPs for all applicable specific construction operations. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-408: PERMIT ISSUANCE:

Prior to obtaining a building or grading permit for a Construction Priority Project, the Public Works or Community Development Director shall endorse in writing or stamp the applicable Best Management Practices submitted with the permit application APPROVED. Such approved BMPs shall not be changed, modified, or altered without authorizations from the Public Works or Community Development Director. All work regulated by this ordinance shall be done in accordance with the approved plans. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-409: RETENTION OF DOCUMENTS:

One copy of the approved SWPPP, WWECP, Owner’s Certification, and Self-Inspection form shall be kept on the site of the building or work at all times during which the work is in progress. The documents shall be made available to the Public Works or Community Development Director to allow verification of compliance with the required Best Management Practices (BMPs). [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-410: INSPECTIONS:

A.    INSPECTIONS BY CITY.

Construction or work, not otherwise designated as an Exempt Project, shall be subject to inspection by the Public Works or Community Development Director to assess whether the minimum requirements for Construction Development are being achieved and applicable BMPs are being implemented.

Approval as a result of an inspection shall not be construed to be an approval of a violation of this ordinance or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this ordinance or of other ordinances of the jurisdiction shall not be valid.

B.    INSPECTORS TO NOTIFY BOARD OF VIOLATIONS.

The Regional Water Quality Control Board shall be responsible for verifying and enforcing the requirements of the General Construction Permit.

When timely compliance with this Title and BMPs set forth in the City’s Municipal Storm Water and Urban Runoff Discharges Manual is not achieved by sites subject to the General Construction Permit, the inspector shall document observations of potential violations or violation and provide notification to the Regional Water Quality Control Board of the possible violations and the location of the site.

Construction or work for which a General Construction Permit has been issued by the State Water Resources Control Board (SWRCB) shall be subject to inspection by the Public Works or Community Development Director at least once during the rainy season.

C.    CONSTRUCTION PRIORITY PROJECTS.

Inspections shall be conducted by the Public Works or Community Development Director to ensure that appropriate controls are in place to reduce pollutants from entering the storm drainage system. Any portions which do not comply with the requirements of this ordinance shall be corrected and follow-up inspections shall confirm that compliance is attained.

Construction or work for which a SWPPP or WWECP has been submitted shall be subject to inspection by the Public Works or Community Development Director at least once during the rainy season.

When timely compliance with this Title and BMPs set forth in the City’s Municipal Storm Water and Urban Runoff Discharges Manual is not achieved by sites, the inspector shall document observations of potential violations or violation and provide notification to the Regional Water Quality Control Board of the possible violations and the location of the site.

D.    DEVELOPER/ CONTRACTOR SELF-INSPECTIONS.

Developer/ Contractor Self-Inspections shall be required for all projects subject to the local SWPPP/ WWECP (also referred to as the Construction Priority Permit) requirements. Self-inspections shall be performed according to the following schedule:

1.    Before every rainfall event that is predicted to produce observable runoff.

2.    After every rainfall event that produces observable runoff.

3.    At 24-hour intervals during extended rainfall events, except weekends and holidays when there is no ongoing site activity.

Every such self-inspection document shall be kept on the site of the building or work at all times during which the work is in progress, and shall include:

1.    The self-inspection checklist.

2.    The date, time and conditions of the inspection.

When work is to be conducted during the rainy season or where site conditions may require additional BMP maintenance, additional self-inspections may be required by the Public Works or Community Development Director. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-411: ENFORCEMENT:

A.    GENERAL.

In addition to other provisions of the Code, the Public Works or Community Development Director is hereby authorized and directed to enforce all the provisions of this ordinance and shall have the power to render interpretations of this ordinance and to adopt and enforce rules and regulations supplemental to this ordinance as may be deemed necessary to clarify the application of the provisions of this ordinance.

B.    ENFORCEMENT REMEDIES.

When work is being done contrary to the provisions of this ordinance, the Public Works or Community Development Director may order the work to be corrected or stopped through the remedies identified in this article or through the administrative enforcement (BMC 8-1-509.2-509.5, BMC 1-1-108.1), as well as judicial remedies provided by BMC 8-1-510.1, BMC 8-1-510.2, and BMC 1-1-105, 8-1-1005.I. Failure to comply with the terms and conditions of an enforcement action shall constitute a violation of this article, and may result in escalation of the enforcement action.

1.    A Verbal Warning, in response to threatened violations. Verbal warnings are documented and attached to the inspection file. Verbal warnings must include:

a.    A description of the threatened violation.

b.    A specific time frame for correcting the problem.

c.    A follow-up inspection date.

2.    A Written Warning in response to threatened violations or a minor violation. Written warnings are documented and attached to the inspection file. The Written Warning shall include:

a.    The name and location of the project.

b.    The name and address of the owner and contractor

c.    A description of the violation.

d.    A specific time frame for correcting the problem.

e.    A follow-up inspection date.

3.    A Compliance Meeting may be arranged to discuss the nature of a violation with the responsible party prior to initiation of a more formal enforcement action.

4.    A Notice of Violation (NOV) in response to a significant violation, multiple minor violations or repeat violations. The NOV shall include:

a.    The name and location of the project.

b.    The name and address of the owner and contractor

c.    A description of the violation, including the code section violated.

d.    A specific time frame for correcting the problem.

e.     A follow-up inspection date.

5.    A Stop Work Order if a notice of violation has not been addressed or if the developer has not complied with the permit requirements, or if a significant threat to water quality is observed. A Stop Work Order shall prohibit further construction activity until the violation is resolved and authorization to proceed with the work has been granted by the Public Works or Community Development Director. The Stop Work Order shall include:

a.    The name and location of the project.

b.    The name and address of the owner and contractor.

c.    A description of the violation, including the code section violated.

d.    A description of the corrective action.

C.    VIOLATION - PENALTY.

In addition to any other remedy set forth in this Article, any person, firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district violating any provision of this article shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the City jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is committed, continued or permitted shall constitute a separate offense and shall be punishable as such.

D.    PENALTIES NOT EXCLUSIVE.

Penalties under this article are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-412: FEES:

The City may adopt a fee to defray the costs of implementing this ordinance. Such fee, if adopted, shall be specified in the Burbank Fee Resolution. Whenever any work for which a SWPPP or WWECP is required is being done contrary to the provisions of this ordinance and reinspections are required, an investigation fee shall be paid. The investigation fee shall be in the amount set forth in the Burbank Fee Resolution. The payment of such investigation fee shall not exempt any person from complying with all other provisions of this ordinance nor relieve such person from any penalty prescribed by law. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-413: ADOPTION OF THE “STANDARD URBAN STORM WATER MITIGATION PLAN FOR LOS ANGELES COUNTY AND CITIES IN LOS ANGELES” ISSUED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION ON MARCH 8, 2000:

The “Standard Urban Storm Water Mitigation Plan” (“SUSMP”) for Los Angeles County and Cities in Los Angeles, and as amended, issued by the Regional Water Quality Control Board, Los Angeles Region on March 8, 2000, has been incorporated. The SUSMP is on file with the City Clerk’s Office. No grading or building permit shall be issued for a project subject to the SUSMP requirements until the Public Works or Community Development Director approves a storm water mitigation plan that complies with the SUSMP. [Added by Ord. No. 13-3,848, eff. 1/17/14.]

9-3-414: STORM WATER POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING:

A.    PURPOSE:

The provisions of this section contain requirements for construction activities and facility operations of development projects to comply with SUSMP requirements in Order 01-182.

B.    DEFINITIONS:

Except as specifically provided herein, any term used in Section 9-3-414 shall be defined as that term in Order R4-2012-0175, or if it is not specifically defined in the Order R4-2012-0175, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in Order R4-2012-0175, then the definition contained in Order R4-2012-0175 shall govern. In order to avoid duplication, other storm water definitions can be found in Section 8-1-1001. The following words and phrases shall have the following meanings when used in this chapter:

Automotive Service Facility means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, Permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to storm water (Source: Order No. R4-2012-0175).

Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.

Commercial Malls means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Source: Order No. R4-2012-0175).

Control means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-2012-0175).

Development means 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 (Source: Order No. R4-2012-0175).

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 (Source: Order No. R4-2012-0175).

Disturbed Area means an area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).

Flow-through BMPs means modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-2012-0175).

General Construction Activities Storm Water Permit (GCASP) means the general NPDES permit adopted by the State Board which authorizes the discharge of storm water from construction activities under certain conditions.

General Industrial Activities Storm Water Permit (GIASP) means the general NPDES permit adopted by the State Board which authorizes the discharge of storm water from certain industrial activities under certain conditions.

Hillside means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes (Source: Order No. R4-2012-0175).

Hydromodification means the alteration of the hydrologic characteristics of coastal and non-coastal waters, which in turn could cause degradation of water resources. Hydromodification can cause excessive erosion and/or sedimentation rates, causing excessive turbidity, channel aggradation and/or degradation. (Source: GCASP)

Impervious Surface means any human-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

Industrial Park means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (Source: Order No. R4-2012-0175).

Natural Drainage System means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (Source: Order No. R4-2012-0175).

New Development means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175).

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

Planning Priority Projects means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s) (Modified from: Order No. R4-2012-0175).

Project means all development, redevelopment, and land disturbing activities. The term is not limited to “Project” as defined under CEQA (Pub. Resources Code §21065) (Source: Order No. R4-2012-0175).

Redevelopment means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. Redevelopment does not include:

(1)    Routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility.

(a)    Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity.

(2)    Emergency redevelopment activity required to protect public health and safety.

(3)    Redevelopment does not include the repaving of existing roads to maintain original line and grade. (Source: Order No. R4-2012-0175).

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 Code 5812) (Source: Order No. R4-2012-0175).

Retail Gasoline Outlet means any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).

Routine Maintenance (General)

Routine maintenance projects include, but are not limited to projects conducted to:

(1)    Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

(2)    Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

(3)    Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

(4)    Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

(5)    Repair leaks.

Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.

* Update existing lines includes replacing existing lines with new materials or pipes.

** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Source: Order No. R4-2012-0175).

Significant Ecological Areas (SEAs) means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

(1)    The habitat of rare, endangered, and threatened plant and animal species.

(2)    Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

(3)    Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

(4)    Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

(5)    Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

(6)    Areas important as game species habitat or as fisheries.

(7)    Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

(8)    Special areas (Source: Order No. R4-2012-0175).

Site means land or water area where any “facility or activity” is physically located or conducted, including adjacent land used in connection with the facility or activity (Source: Order No. R4-2012-0175).

SUSMP means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.

Urban Runoff means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

C.    SCOPE:

This Section contains requirements for storm water pollution control measures in Development and Redevelopment projects and authorizes the Public Works or Community Development Director to further define and adopt storm water pollution control measures. Except as otherwise provided herein, the Public Works or Community Development Director shall administer, implement and enforce the provisions of this Section. Guidance documents supporting implementation of requirements in this Ordinance are hereby incorporated by reference, including the SUSMP Manual.

D.    APPLICABILITY:

Planning Priority Projects: The following public or private Development and Redevelopment projects, termed “Planning Priority Projects” shall comply with the requirements of Section 9-3-413.

1.    All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.

2.    Industrial parks 10,000 square feet or more of surface area.

3.    Commercial malls 10,000 square feet or more of surface area.

4.    Retail gasoline outlets with 5,000 square feet or more of surface area.

5.    Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.

6.    Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

7.    Streets and roads construction of 10,000 square feet or more of impervious surface area.

8.    Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of surface area.

9.    Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:

a.    Discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and

b.    Create 2,500 square feet or more of impervious surface area

10.    Single-family hillside homes.

11.    Redevelopment Projects

a.    Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on Planning Priority Project categories.

b.    Where Redevelopment results in an alteration to fifty percent or more of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, the entire project must be mitigated.

c.    Where Redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, only the alteration must be mitigated, and not the entire development.

d.    Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

e.    Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements unless such projects create, add, or replace 10,000 square feet or more of impervious surface area.

12.    Any other project as deemed appropriate by the Public Works or Community Development Director.

E.    STORM WATER POLLUTION CONTROL REQUIREMENTS:

The Site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

1.    A new single-family hillside home development shall include mitigation measures to:

a.    Conserve natural areas;

b.    Protect slopes and channels;

c.    Provide storm drain system stenciling and signage;

d.    Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

e.    Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

2.    Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.

3.    The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following:

a.    Retain storm water runoff onsite for the Storm water Quality Design Volume (SWQDv) defined as the runoff from:

(i)    The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

(ii)    The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater.

b.    Minimize hydromodification impacts to natural drainage systems as defined in the Order R4-2012-0175. The Director or Community Development Director may develop technical guidance on the Hydromodification requirements.

c.    When, as determined by the Director or Community Development Director, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:

(i)    The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite.

(ii)    Locations where seasonal high groundwater is within five to ten feet of surface grade;

(iii)    Locations within 100 feet of a groundwater well used for drinking water;

(iv)    Brownfield development sites or other locations where pollutant mobilization is a documented concern;

(v)    Locations with potential geotechnical hazards;

(vi)    Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.

d.    If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in Order R4-2012-0175.

(i)    Additional alternative compliance options such as offsite infiltration may be available to the project Site. The project Site should contact the Director or Community Development Director to determine eligibility. Alternative compliance options may be further specified by the Director or Community Development Director.

e.    The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

(i)    0.2 inches per hour, or

(ii)    The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

f.    A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by: (i) designing a system acceptable to the Director or Community Development Director to satisfy these standards and requirements for the entire Site during the first phase, and (ii) implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the storm water from such later phase. For purposes of this section, “Multi-Phased Project” shall mean any Planning Priority Project implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage storm water runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment.

F.    OTHER AGENCIES OF THE CITY OF BURBANK.

All City of Burbank departments, offices, entities, and agencies shall establish administrative procedures necessary to implement the provisions of this Section on their Development and Redevelopment projects and report their activities annually to the Community Development Department. [Added by Ord. No. 13-3,848, eff. 1/17/14; amended by Ord. No. 15-3,865, eff. 7/17/15.]

ARTICLE 5. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE

9-3-500: ADOPTION OF THE WATER CONSERVATION IN LANDSCAPING ACT (ASSEMBLY BILL 1881) “MODEL WATER EFFICIENT LANDSCAPING ORDINANCE”:

The “Model Water Efficient Landscaping Ordinance” and as amended, issued by the California Department of Water Resources, has been incorporated. The Model Water Efficient Landscaping Ordinance is on file with the City Clerk’s Office. No building permit shall be issued for a project subject to the Model Water Efficient Landscaping Ordinance requirements until the Community Development Director approves landscaping plans that comply with the Model Water Efficient Landscaping Ordinance. [Added by Ord. No. 15-3,861, eff. 2/27/15.]


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Prior legislation: Ordinance 13-3,848 renumbers Title 9, Ch. 1, Art. 9, which derived from Ordinances 3552, 3604, 3733 and 3797, as Title 9, Ch. 3, Art. 4.