El Segundo Municipal Code Ch. 7 Planning and Land Development Program Implementation

This chapter is adopted pursuant to the City's police powers for the purpose of complying with the Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal National Pollutant Discharge Elimination System (NPDES) permit, including, without limitation, any amendments or modifications, by:

A. Controlling non-stormwater discharges to the Municipal separate storm sewer system (MS4).

B. Controlling the discharge of pollutants, including those pollutants taken up by stormwater as it flows over urban areas, to the maximum extent practicable. (Ord. 1560, 10-3-2017)

Nothing in this chapter should be interpreted to:

A. Infringe any right or power guaranteed by the United States or California Constitutions, including any vested property right;

B. Require any action inconsistent with the General Plan, any applicable specific plan, vesting tentative map, or other provision of this Code;

C. Restrict otherwise lawful land use, except as authorized by the laws of California, subject to the limitations of this chapter;

D. Convey any property rights of any sort, or any exclusive privileges;

E. Authorize any injury to persons or property, or invasion of other private rights, or any infringement of State or local law or regulations. (Ord. 1560, 10-3-2017)

If any provisions of this chapter or the application of any provision of this chapter to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this chapter will not be affected. (Ord. 1560, 10-3-2017)

A. This chapter applies to ministerial and discretionary approvals of the new development or redevelopment projects defined in the County of Los Angeles LID ordinance (ordinance no. 2013-0044).

B. Each of the projects must meet the requirements of this chapter; the Municipal NPDES permit; and the County of Los Angeles LID ordinance. (Ord. 1560, 10-3-2017)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Municipal NPDES permit and if not described therein, the Federal Water Pollution Control Act (33 USC section 1251 et seq.); regulations implementing the NPDES, Clean Water Act section 402; California Water Code section 13050; and any successor statutes or regulations.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5511, 5541, 7532 - 7534, or 7536 - 7539.

BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

CONSTRUCTION: Constructing, clearing, grading, grubbing, demolishing, or excavating that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety; routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work; or routine maintenance required to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. Construction does not include interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical permit work; or sign permit work.

DEVELOPMENT: Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential 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 a facility, nor does it include emergency construction activities required to protect public health and safety immediately.

HAZARDOUS MATERIALS: Any materials, wastes or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act (HSAA), California Health and Safety Code section 25300 et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" will be construed to have the broader, more encompassing definition.

HILLSIDE: Property located in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty five percent (25%) or greater and where grading will result in cut or filled slopes.

INDUSTRIAL/COMMERCIAL FACILITY: Any facility which is the site of the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility involved or used in providing professional and nonprofessional services. This category of facilities includes, without limitation, any facility defined by the SIC or the North American Industry Classification System (NAICS). Facility ownership (Federal, State, Municipal, private) and profit motive of the owner or operator of the facility are not factors in this definition.

INSPECTION:

A. Entry and the conduct of an on-site review of a facility and its operation, at reasonable times, to determine compliance with specific Municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

• 1. Pre-inspection documentation research;
• 2. Request for entry;
• 3. Interview of facility personnel;
• 4. Facility walk-through;
• 5. Visual observation of the condition of facility premises;
• 6. Examination and copying of records as required;
• 7. Sample collection (if necessary or required);
• 8. Exit conference;
• 9. Report preparation, and if appropriate, recommendations for coming into compliance.

LOW IMPACT DEVELOPMENT (LID): Building or landscape features designed to retain or filter stormwater runoff.

MUNICIPAL NPDES PERMIT: The "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board - Los Angeles Region, and any successor permit to that permit.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (consisting of roads with drainage systems, Municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

B. Designed or used for collecting or conveying stormwater;

C. Which is not a combined sewer; and

D. Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA section 307, 402, 318, and 405. The term includes an "approved program".

NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORMWATER DISCHARGE: Any discharge into the MS4 that is not composed entirely of stormwater.

PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for business, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty five (25) or more parking spaces.

POLLUTANTS: Those "pollutants" defined in CWA section 502(6) (33 USC section 1362(6)), and incorporated by reference into California Water Code section 13373.

REDEVELOPMENT: Land disturbing activity that results in the creation, addition, or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Redevelopment includes, without limitation: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

RESTAURANT: A facility where prepared food and beverages are sold for consumption, including stationary lunch counters and refreshment stands selling prepared food and beverages for immediate consumption (see SIC Code 5812).

RETAIL GASOLINE OUTLET: Any facility where gasoline and lubricating oils are sold.

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

A. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

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

C. Includes road shoulder work, re-grading dirt or gravel roadways and shoulders and performing ditch cleanouts.

D. Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. This includes replacing existing lines with new materials or pipes.

E. Repair leaks.

F. Conduct landscaping activities without changing existing or natural grades.

Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

SIC: Standard Industrial Classification.

SIMPLE LID BMP: A BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES permit. Examples of such BMPs include but are not limited to vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

SOURCE CONTROL BEST MANAGEMENT PRACTICE (SOURCE CONTROL BMP): Any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

STORMWATER: Stormwater runoff, snowmelt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16 1990)).

STORMWATER DISCHARGES: Any discharge into the MS4 that is composed entirely of stormwater.

STRUCTURAL BEST MANAGEMENT PRACTICE (STRUCTURAL BMP): Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., a canopy, structural enclosure). This category may include both treatment control BMPs and source control BMPs.

TREATMENT: The use of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.

TREATMENT CONTROL BEST MANAGEMENT PRACTICE (TREATMENT CONTROL BMP): Any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 1560, 10-3-2017)

No new development or redevelopment project may increase the pre- project's stormwater runoff flow rates, volumes, and durations from the developed site if this increase would make downstream erosion more probable. (Ord. 1560, 10-3-2017)

Unless inconsistent with vested rights, the site design for all new development and redevelopment subject to this chapter, to the maximum extent practicable, must:

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

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

C. Preserve riparian areas and wetlands. (Ord. 1560, 10-3-2017)

A. On the date this chapter takes effect, those Best Management Practices required by the Municipal NPDES permit or the County of Los Angeles LID ordinance (ordinance no. 2013-0044) are deemed incorporated herein by reference and adopted by the City.

B. No Best Management Practice may be used in new development or redevelopment regulated under this chapter unless listed in the Municipal NPDES permit, County of Los Angeles LID ordinance (ordinance no. 2013-0044), or the County of Los Angeles LID Standards Manual, unless otherwise approved by the City. (Ord. 1560, 10-3-2017)

A. Single family hillside homes are required to implement mitigation measures in accordance with the County of Los Angeles LID ordinance (ordinance no. 2013-0044) to:

• 1. Conserve natural areas;
• 2. Protect slopes and channels;
• 3. Provide storm drain system stenciling and signage;

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

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

B. Best Management Practices used on slopes or channels in new development or redevelopment subject to this chapter must:

1. Convey runoff from tops of slopes;

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

• 3. Stabilize soil at permanent channel crossings;
• 4. Vegetate slopes with native or drought tolerant species known to control erosion; and
• 5. Dissipate concentrated flows before they enter unlined channels. (Ord. 1560, 10-3-2017)

Within the project area of new development and redevelopment projects, a notice that dumping in storm drains and catch basins is illegal must be:

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

B. Posted at all known public accesses to natural or artificial drainage channels, creeks, lakes, or other relevant waterbodies; and

C. Maintained to preserve the sign. (Ord. 1560, 10-3-2017)

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

1. Enclosure in a structure; or

2. By a surrounding curb or other containment structure.

B. The storage area for materials referred to in subsection A of this section must be covered completely:

1. By impermeable paving, or

2. An overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure. (Ord. 1560, 10-3-2017)

Except where they serve only single-family residences, solid waste containers in new development or redevelopment projects subject to this chapter must be placed between collections in areas that:

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

B. Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection. (Ord. 1560, 10-3-2017)

A. Prior to receiving approval for final occupancy, every person applying to the City for approval of any new development or redevelopment project subject to this chapter, with the exception of simple LID BMPs implemented on single family residences, must agree in writing to maintain any structural or treatment control Best Management Practice to be implemented in that development by means of a covenant running with the land. A maintenance and operation plan must be made part of said covenant and records of maintenance must be kept on site.

B. The agreement described in this section will remain in force until ownership of the developed property is transferred, and upon transfer, will be binding on the new owner(s). (Ord. 1560, 10-3-2017)

All new development and redevelopment projects must install BMPs in accordance with the County of Los Angeles LID ordinance.

Compliance with the LID standards set forth in the County of Los Angeles LID ordinance will be demonstrated through the City's LID plan review process. The applicant for any development project must submit a LID plan to the City for review and approval that provides a comprehensive, technical discussion of how the development project will comply with the County of Los Angeles LID ordinance and the applicable provisions specified in the County of Los Angeles LID Standards Manual. (Ord. 1560, 10-3-2017)

In any ten thousand (10,000) square foot industrial/commercial facility or in any automotive service facility, in new development or redevelopment subject to this chapter, the design of any outdoor loading dock area must:

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

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

C. Not direct stormwater from any truck well directly into a storm drain system. (Ord. 1560, 10-3-2017)

In any ten thousand (10,000) square foot industrial/commercial facility or in any automotive service facility, in new development or redevelopment subject to this chapter, repair or maintenance bays must:

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

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

C. Not direct stormwater from the bay directly to a storm drain system. (Ord. 1560, 10-3-2017)

Each wash area for motor vehicles or equipment in any new development or redevelopment subject to this chapter must incorporate:

A. An adequate overhead covering; and

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

C. A drain conducting all treated wash water to a sanitary sewer. (Ord. 1560, 10-3-2017)

Each restaurant in any new development or redevelopment subject to this chapter must include an area for the washing or cleaning of equipment, which:

A. If indoors, will:

• 1. Be self-contained;
• 2. Use a grease trap; and
• 3. Use a drain conducting all wastewater to a sanitary sewer.

B. If outdoors, will:

• 1. Use an overhead covering adequate to prevent contact with stormwater;
• 2. Be covered with impermeable paving;
• 3. Be surrounded by a curb or other containment; and
• 4. Use a drain conducting all wastewater to a sanitary sewer. (Ord. 1560, 10-3-2017)

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

A. Be covered by a structure that:

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

2. Diverts all stormwater away from the fueling area;

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

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

D. Extend outward at least six and one-half feet (6.5') from the outermost corner of any fuel dispenser, or a distance one foot (1') greater than the combined length of the dispensing hose and nozzle, whichever distance is less. (Ord. 1560, 10-3-2017)

Owners and operators of parking lots in any new development or redevelopment subject to this chapter must minimize off site transport of pollutants to the maximum extent practical by using the following BMPs:

A. Minimize impervious land coverage;

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

C. Use operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. (Ord. 1560, 10-3-2017)

On and after the effective date of this chapter, all projects for new development or redevelopment not meeting the thresholds of subsection 5-7-4A of this chapter, but which have the potential to have adverse impacts on post-development stormwater flows from the site, must submit for approval a site-specific plan adequate to mitigate post-development stormwater quality if the project has any one or more of the following characteristics:

A. A vehicle or equipment fueling area;

B. A vehicle or equipment maintenance area, including washing and repair;

C. Any commercial or industrial waste handling or storage area;

D. An area for outdoor handling or storage of "hazardous materials", as defined in this chapter;

E. An outdoor manufacturing area;

F. An area where outdoor food handling or processing occurs;

G. An area where outdoor animal care, confinement or slaughter occurs; or

H. An area of outdoor horticultural activity. (Ord. 1560, 10-3-2017)

A. Each violation of any provision of this chapter is both a misdemeanor and a public nuisance.

B. The remedies specified in this chapter are in addition to any other legal remedy that may be available to the City. (Ord. 1560, 10-3-2017)

A. The Director of Public Works, and his/her designated officers, may enforce the provisions of this chapter.

B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this chapter. (Ord. 1560, 10-3-2017)