Burbank Municipal Code Art. 4 Standard Urban Storm Water and Urban Runoff Management PROGRAMS1

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]

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.]