Los Angeles Municipal Code § 64.72 Stormwater Pollution Control Measures for Development Planning And…

(Amended by Ord. No. 188,125, Eff. 4/2/24.)

(A) Objective. The provisions of this section contain requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the land Development requirements of the MS4 Permit through integrating LID practices and standards for stormwater pollution mitigation, and maximizing open, green, and pervious space on all Developments and Redevelopments consistent with the City’s landscape ordinance, codified at LAMC Section 12.40, as amended from time to time, and other related requirements in the Development Best Management Practices Handbook.

(B) Scope. This section contains requirements for stormwater pollution control measures for Development and Redevelopment projects, and authorizes the Board to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, collect Best Management Practices compliance plan check fees, conduct inspections, and cite violators for infractions and impose fines. Except as otherwise provided herein, the Board shall administer, implement, and enforce the provisions of this section.

(C) LID Requirements.

1. The following Priority Development and Redevelopment Projects shall comply with the standards and requirements of this article:

   a. New Development projects in any of the following categories:

   (i) Projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious surface area (collectively over the entire project site);

   (ii) Industrial Parks of 10,000 square feet or more of surface area; or

   (iii) Commercial Malls of 10,000 square feet or more of surface area.

   b. Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) on any of the following:

   (i) Existing sites of 10,000 square feet or more of impervious surface area;

   (ii) Industrial Parks of 10,000 square feet or more of surface area; or

   (iii) Commercial Malls of 10,000 square feet or more of surface area.

   c. New Development and Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) and support any of the following

   uses:

   (i) Restaurants;

   (ii) Parking lots;

   (iii) Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 or 7536-7539); or

   (iv) Retail gasoline outlets.

d. New Development or Redevelopment projects that create and/or replace 2,500 square feet or more of impervious surface area and are located partly or wholly within an Environmentally Sensitive Area as defined in the MS4 Permit.

2. Street and road construction of 10,000 square feet or more of impervious surface area shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December

2008 EPA-833-F-08-009) or as may be amended, to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway projects. Temporary access roads are not subject to this requirement. Projects under this category are otherwise exempt from the requirements of this article and are not considered Priority Development and Redevelopment Projects.

3. Considerations for Redevelopment Projects.

   a. Where Redevelopment results in an alteration to 50% or more of impervious surface of an existing developed site, the entire site must be mitigated consistent with LAMC Section 64.72(C)4., as

   may be amended from time to time.

   b. Where Redevelopment results in an alteration of less than 50% of impervious surface of an existing developed site, only the alteration must be mitigated consistent with LAMC Section

   64.72(C)4., as may be amended from time to time.

   c. For purposes of this subsection, Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade (i.e., maintain the existing drainage

   pattern, including slope and elevation), 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 (i.e., maintain the existing drainage pattern, including slope and elevation).

4. In the following order of preference, Priority Development and Redevelopment Projects shall be designed to manage and capture stormwater runoff, to the maximum extent feasible, consistent with the MS4

Permit and Development Best Management Practices Handbook. In the event of any inconsistency between the MS4 Permit and the Development Best Management Practices Handbook, the MS4 Permit shall govern:

a. On-site infiltration, bioretention, evapotranspiration from green roof, and/or rainfall harvest and use;

b. If the above is infeasible, then on-site biofiltration, off-site groundwater replenishment, and/or off-site retrofit; and/or

c. If the above are infeasible, then on-site treatment. A LID mitigation plan shall be prepared to show that on-site stormwater management techniques are properly sized to mitigate the volume of water produced by the SWQDV.

5. When the on-site LID requirements are technically infeasible, partially or fully, as defined in the Development Best Management Practices Handbook, the infeasibility shall be demonstrated in the submitted

LID mitigation plan. The technical infeasibility may result from conditions that may include, but are not limited to:

a. The infiltration rate of the saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soil to attain an infiltration rate necessary to achieve reliable

performance of infiltration or bioretention BMPs in retaining the SWQDV on-site;

b. Locations where seasonal high groundwater is within 5 to 10 feet of surface grade;

c. Locations within 100 feet of a groundwater well used for drinking water;

d. Brownfield Development sites or other locations where pollutant mobilization is a documented concern;

e. Locations with potential geotechnical hazards; and/or

f. Smart growth and infill or Redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.

6. If partial or complete on-site compliance of any type is technically infeasible, the project site and LID mitigation plan shall be required to manage the flow from the SWQDV on-site in order to maximize on- site compliance. For the remaining runoff that cannot feasibly be managed on-site, the project shall implement off-site mitigation on public and/or private land within the same sub-watershed as defined by the MS4

Permit. This shall include construction and perpetual maintenance of projects that will achieve at least the same level of runoff retention, infiltration and/or use, and water quality.

7. A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by: (a) designing a system to satisfy these standards and requirements for the entire Site during the first phase; and (b) 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 stormwater from such later phase. The Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat, or manage stormwater 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 by such Development or Redevelopment.

8. The Director or the Director’s designee shall prepare, maintain, and update, as deemed necessary and appropriate, the Development Best Management Practices Handbook to set LID standards and practices

and standards for stormwater pollution mitigation, including urban and stormwater runoff quantity and quality control development principles and technologies for achieving the LID standards. The Development Best Management Practices Handbook shall be consistent with the operative MS4 permit and shall also include technical feasibility and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements, and procedures as the Director deems necessary for implementing the provisions of this section. The Board shall adopt the Development Best Management Practices Handbook as soon as practicable but no later than 180 days after the effective date of this section.

9. The Director or the Director’s designee shall develop as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals, and

educational materials to assist in the implementation of the LID requirements.

10. Any Development or Redevelopment that is exempted from LID has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein. In such case, the Best Management

Practices plan check fee associated with the project may be reduced or waived, and all LID related plan check processes shall be expedited.

(D) Other Agencies of the City of Los Angeles. All City departments, offices, entities, and agencies shall establish administrative procedures necessary to implement the provisions of this article in their Development and Redevelopment Projects and report their activities annually to the Board.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

(A) Define & Adopt Best Management Practices (BMPs). The Board of Public Works shall have the authority to define and adopt best management practices necessary to control stormwater pollution from construction activities and facility operations to the maximum extent practicable and place said requirements in the Board of Public Works’ “Development Best Management Practices Handbook”. The Board of Public Works may from time to time, as it deems appropriate, change, modify, revise or alter stormwater pollution control best management practices.

(B) (Deleted by Ord. No. 183,833, Eff. 10/3/15.)

(Deleted by Ord. No. 183,833, Eff. 10/3/15.)

(Added by Ord. No. 173,494, Eff. 9/14/00.)

Provisions of this section shall be complimentary to, not replaced by, any requirements for stormwater mitigation existing under the California Environmental Quality Act.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

(A) Violations. Notwithstanding the provisions of the grading or building permit, non-compliance with any provisions of this section and, or the required Covenant & Agreement pursuant to Chapter IX Article I Section 91.106.4.1 Exception 15, shall be considered an infraction and may be punishable in accordance with Section 64.70.07, Subsection A, Subdivision 2 of this article. Each day of non-compliance may be considered a separate violation.

(B) Inspection. Whenever it is necessary to make an inspection to enforce or verify compliance with any stormwater control provision, as imposed by this article, Chapter IX of the Los Angeles Municipal Code Article 1 Section 91.106.4.1 Exception 14, and Chapter IX Article 1 Section 91.106.4.1 Exception 15, the Board of Public Works or its representatives are hereby authorized to enter such property at any reasonable time to inspect for compliance with best management practices and perform any duty imposed by this article and the provisions of Section 91.106.4.1 Exception 14 and 15 of this Code, or other applicable law, provided that:

1. If such property be occupied, the Board of Public Works or its representative shall first present proper credentials to the occupant and request entry explaining their reasons therefor; and

2. If such property be unoccupied, the Board of Public Works or its representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request
entry, explaining their reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Board of
Public Works or its representatives shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(Title and Section Amended by Ord. No. 181,899, Eff. 11/14/11, Oper. 5/12/12.)

(A) Before review and approval of a set of plans and specifications for checking, the applicant shall pay a Best Management Practices plan check fee.

(B) The fee schedule for providing Best Management Practices plan check services for LID Implementation Plan is as follows: (Amended by Ord. No. 183,833, Eff. 10/3/15.)

DEVELOPMENT CATEGORY FEES DEVELOPMENT CATEGORY FEES Development or Redevelopment less than 500 square feet Exempt

Residential, Four Units or Less: Development or Redevelopment greater than or equal to 500 square feet $200 / Project Development or Redevelopment of any size that would create 2,500 square feet or more of impervious surface area and is located partly or wholly within an ESA*; $700 / Project Development or Redevelopment of any size that would create 10,000 square feet of impervious surface area and total one acre or more of disturbed area Nonresidential Use or Five or More Units Intended for Residential Use: Redevelopment that results in an alteration of less than 50% of the impervious surfaces of an existing developed Site $800 / Project New Development or where Redevelopment that results in an alteration of at least 50% or more of the impervious surfaces of an existing developed Site $1,000 / Project

• Projects located in, adjacent to, or discharging directly to a designated Environmentally Sensitive Area (ESA)

  (C) Special Projects. Any project may be categorized by the Bureau as a Special Project and billed for the actual cost incurred by the City. (Amended by Ord. No. 188,125, Eff. 4/2/24.)

  (D) Off-hour Plan Check Fee. An applicant may apply to have the Bureau of Sanitation provide plan check services at other than normal working hours. If the Bureau approves an expedited application, the applicant must pay to the Bureau, in addition to the fees identified in Subsection B. of this Section, an additional fifty percent of the fees owed.

  (E) All entities, including City Departments and other public agencies, are required to pay the fees identified in Subsection B. of this Section.

  (F) Deposits to Fund. All monies collected pursuant to the provisions of this section shall be placed and deposited into the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code. (Amended by Ord. No. 188,125, Eff. 4/2/24.)

(G) Applicability. The provisions of this article shall govern an application for a building or grading permit related to a Development or Redevelopment Project after the effective date of this ordinance and as otherwise consistent with this article. The provisions of this article shall also apply to a Development or Redevelopment project for which an application for a building or grading permit has been submitted before the effective date of this ordinance and accepted by the Department of Building and Safety if the associated permit application fees are paid on or after the effective date of this ordinance. An application for a building or grading permit of a Development or Redevelopment Project that has been submitted, accepted by the Department of Building and Safety, and for which the associated permit application fees are paid before the effective date of this ordinance shall be subject instead to the requirements for low impact development and stormwater approval process that existed prior to the effective date of this ordinance. (Added by Ord. No. 188,125, Eff. 4/2/24.)