(A) Objective. The provisions of this section establish requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current Municipal NPDES Permit (Order No. R4-2012-0175), to lessen the water quality impacts of development by using smart growth practices, and to integrate LID practices and standards for storm water pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.
(B) Scope. This section contains requirements for storm water pollution control measures in development and redevelopment projects and authorizes the city to further define and adopt storm water pollution control measures, and to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant alternative compliance measures from the LID requirements for projects that demonstrate technical infeasibility to retain the Storm Water Quality Design Volume (SWQDv) on-site or where an opportunity exists for regional groundwater replenishment as defined in the Municipal NPDES Permit, and collect funds for projects that are granted alternative compliance measures. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.
(C) Applicability. This section applies to the following new development and redevelopment projects that are subject to city conditioning and approval for the design and implementation of post-construction controls and other BMPs to mitigate storm water pollution, prior to completion of the project(s), as follows:
(1) New development projects.
(a) All development projects equal to one acre or greater of disturbed area and adding more than 10,000 square feet of impervious area;
(b) Industrial parks with 10,000 square feet or more of surface area;
(c) Commercial malls with 10,000 square feet or more surface area;
(d) Retail gasoline outlets with 5,000 square feet or more in surface area;
(e) Restaurants (SIC 5812) with 5,000 square feet or more in surface area:
(f) Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces;
(g) Single-family hillside residential developments or redevelopments;
(h) Street and road construction of 10,000 square feet or more of impervious surface area 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. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects;
(i) Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) with 5,000 square feet or more of surface area;
(j) Projects located in or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA), where the development will:
1. Discharge storm water runoff that is likely to impact a sensitive biological species or habitat; and
2. Create 2,500 square feet or more of impervious surface area.
(2) Redevelopment projects in the foregoing subject categories that meet redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include:
(a) Land-disturbing activities that create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding single family dwellings and accessory structures.
(b) Land-disturbing activities that create, add, or replace 10,000 square feet or more of impervious surface area on existing single family dwellings and accessory structures.
(c) Where redevelopment results in an alteration to more than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, the entire project must be mitigated.
(d) Where redevelopment results in an alteration to less than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must be mitigated, and not the entire development.
(D) Specific requirements.
(1) New single-family hillside homes. To the extent that the city may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home development or redevelopment project shall implement 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) New development and redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit.
(3) An applicant for a new development or a redevelopment project identified in this chapter shall incorporate into the applicant’s project plans a storm water mitigation plan which includes those BMPs necessary to control storm water pollution from the completed project. Structural or treatment control BMPs (including, as applicable, post-construction treatment control BMPs) set forth in project plans shall meet the design standards set forth in the Municipal NPDES Permit.
(4) New development/redevelopment project performance criteria.
(a) All new development and redevelopment projects, unless otherwise exempted herein or in the Municipal NPDES Permit, shall comply with Part VI.D.7.c of the Municipal NPDES Permit.
(b) Post-construction BMPs to mitigate storm water pollution are required for all new development and redevelopment projects identified in this chapter unless alternative measures are allowed as provided in Part VI.D.7.c of the Municipal NPDES Permit.
(c) BMPs must be implemented to retain on-site the SWQDv, defined as runoff from either:
1. The 0.75 inch, 24-hour rain event; or
2. The 85th percentile, 24-hour event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map, whichever is greater.
(d) BMPs shall meet the design specifications and on-site retention potential outlined in the Part VI.D.7.c of the Municipal NPDES Permit. Projects unable to retain 100% of the SWQDv on-site due to technical infeasibility as defined in the Municipal NPDES Permit must implement alternative compliance measures in accordance with Part VI.D.7.c of the Municipal NPDES Permit.
(e) Single-family hillside home development projects are exempt from the new development/redevelopment project performance criteria of Part VI.D.7.c of the Municipal NPDES Permit unless they create, add, or replace 10,000 square feet or more of impervious surface area.
(f) Street and road construction projects of 10,000 square feet or more of impervious surface area are exempt from the new development/redevelopment project performance criteria of Part VI.D.7.c of the Municipal NPDES Permit but shall adhere to the City’s Green Streets Policy.
(E) Issuance of discretionary permits. No discretionary permit may be issued for any new development or redevelopment project identified in this section until the Authorized Enforcement Officer confirms the project plans comply with the applicable requirements of this section.
(F) Issuance of certificates of occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment projects identified in this chapter, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control BMPs and structural or treatment control BMPs that are shown on the approved project plans and consistent with the storm water mitigation plan and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit, the storm water mitigation plan, and other applicable regulatory requirements.
(G) With the exception of Simple LID BMPs (as defined in this chapter) implemented on single-family residences, consistent with Part VI.D.7.d(iii) of the Municipal NPDES Permit, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices and treatment control BMPs including, but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/or other legally binding maintenance agreements. These maintenance records must be kept on site for private treatment BMPs, and are subject to periodic review by the Authorized Enforcement Officer or his/her designee.
(H) If no grading permit has been issued or no construction has begun on a project within a period of 180 days of approval of LID plan(s), the LID plan(s) for that project shall expire. The Authorized Enforcement Officer may extend the time by written extension for action by the applicant for a period not to exceed 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant prevented the construction from commencing. In order to renew the LID plan(s), the applicant shall resubmit all necessary forms and other data and pay any applicable plan check fees.
(I) Transfer of properties subject to requirement for maintenance of structural and treatment control BMPs.
(1) The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either:
(a) Assume responsibility for maintenance of any existing structural or treatment control BMP; or
(b) To replace an existing structural or treatment control BMP with new control measures or BMPs meeting the current standards of the city and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.
(2) For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.
(3) If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.
(J) CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act, Pub. Res. Code §§ 21000 et seq.
(Ord. 2015-01U § 4 (part), 2015; Ord. 2015-01 § 4 (part), 2015)
