Division 1 — GENERALLY

(a)

Prior to issuance of a building permit or a grading permit by the city, LID plans shall be submitted by the property owner or his or her agent to the Director for all "priority planning projects", except as provided in section 34-104.3. below.

(b)

LID plans shall be submitted in accordance with the Article X, Green Building Code, a copy of which shall be located in the office of the city clerk.

(c)

The director, or his or her designee, shall review and approve LID plans to assure that the applicant has identified the BMPs that are necessary and feasible to protect the MS4. The reviewer shall identify any

deficiencies in the plan and return it to the applicant for modification, if necessary. When the plan is found to comply with the provisions of this article, and after compliance with the requirements of section 34104.2. below, the grading or building permits may be issued for the project. If, during construction, the plan is found to be deficient by the city or any other interested party or responsible agency with authorization/oversight, the applicant shall amend the plan to address the deficiency.

(Ord. No. 1642, § 1, 6-15-2015)

Upon acceptance of an LID plan by the city, and prior to the city issuing the grading and/or building permit, the applicant shall file a signed original of the plan with the Los Angeles County recorder. The document shall contain sufficient legal description to identify the property covered and shall be binding on the applicant and all successors in interest to the property. The form shall be provided by the city and shall only be amended or removed from title with the consent of the city.

(Ord. No. 1642, § 1, 6-15-2015)

(a)

The director may waive the requirement of an LID plan if he or she can determine, in writing, the technical infeasibility of the project, as set forth in section 34-104.3(b), below.

(b)

To demonstrate technical infeasibility, the project applicant shall demonstrate that the project cannot reliably retain 100 percent of the SWQDV onsite, even with the maximum application of "Green Roofs" and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect.

(c)

Technical infeasibility may result from conditions including the following:

(1)

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.

(2)

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

(3)

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

(4)

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

(5)

Locations with potential geotechnical hazards;

(6)

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.

(Ord. No. 1642, § 1, 6-15-2015)

Structural BMPs required by the city, County of Los Angeles, or state or federal agency shall be properly operated and maintained, consistent with the approved SUSMP or as specified by an approved plan or program, or otherwise determined by the director. Records and documentation of such maintenance shall be provided to the director upon reasonable request.

(Ord. No. 1642, § 1, 6-15-2015)

(a)

The director may, upon 72-hour written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:

(1)

Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;

(2)

Identifying points of discharge of all wastewater, non-stormwater, processed water systems and pollutants;

(3)

Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;

(4)

Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;

(5)

Locating any illicit connection or illicit discharge;

(6)

Investigating and inspecting a vehicle, truck, trailer, tank or other mobile equipment;

(7)

A review and inspection of all records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the storm drain system;

(8)

Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contribution of pollutants to the storm drain system;

(9)

Inspecting the integrity the MS4, any connection to other pipelines on the property, including the use dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;

(10)

The installation and maintenance of monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm drain system;

(11)

Evaluating compliance with this chapter or the Federal Clean Water Act.

(b)

The director may enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter by any other lawful means including, but not limited to obtaining an inspection warrant issued by a court.

(Ord. No. 1642, § 1, 6-15-2015)

Fees to be charged for LID plan checking, inspection, enforcement, and other activities carried out by the city under this chapter shall be adopted by resolution of the city council.

(Ord. No. 1642, § 1, 6-15-2015)

Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for stormwater mitigation required under CEQA.

(Ord. No. 1642, § 1, 6-15-2015)