Signal Hill Municipal Code Ch. 12.16 Storm Water / Urban Runoff

For purposes of this chapter, the following definitions shall apply:

A. "40 CFR" means Title 40 of the Code of Federal Regulations.

B. "Automotive Service Facility" 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.

C. "Basin Plan" means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.

D. "Best Management Practice (BMP)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non-storm water discharges to receiving waters, or designed to reduce the volume of storm water or non-storm water discharged to the receiving water.

E. "Biofiltration" means A LID BMP that reduces storm water pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. As described in the Ventura County Technical Guidance Manual, studies have demonstrated that biofiltration of 1.5 times the storm water quality design volume (SWQDv) provides approximately equivalent or greater reductions in pollutant loading when compared to bioretention or infiltration of the SWQDv achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this Order is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to Executive Officer approval). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.

F. "Bioretention" means a LID BMP that reduces storm water runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this chapter, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the MS4 Permit as biofiltration.

G. "Bioswale" means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect storm water runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.

H. "Brownfield Development" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

I. "CEQA" means the California Environmental Quality Act, California Public Resource Code Sections 21000 et seq., and the regulations thereunder.

J. "City" means the City of Signal Hill.

K. "Clean Water Act" or "CWA" means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act (Title 33 U.S.C. § 1251 et seq.), and amended in 1987 to establish new controls on industrial and municipal storm water discharges, and any and all subsequent amendments thereto.

L. "Commercial Development" means any development on private land that is not heavy industrial or residential. Commercial Development includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

M. "Commercial Mall" 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). Commercial Mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

N. Conditionally exempt non-storm water discharges are certain categories of discharges that are not composed entirely of storm water and that are either not sources of pollutants or may contain only minimal amounts of pollutants and when in compliance with specified BMPs do not result in significant environmental effects. (See 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

O. "Construction Activity" Construction activity includes any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.

P. "Control" means to minimize, reduce or eliminate, by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities.

Q. "Dechlorinated/debrominated swimming pool discharges" means swimming pool discharges which have no measurable chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term "swimming pool discharges" does not include swimming pool filter back wash.

R. "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.

S. "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.

T. "Director" shall refer to the City of Signal Hill's Director of Public Works or his or her designee.

U. "Discharge" When used without qualification the "discharge of a pollutant."

V. "Discharge of a Pollutant" means any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

W. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation.

X. "Environmentally Sensitive Area" (ESA) means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are: areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use; and an area identified by a permittee as environmentally sensitive.

Y. "Flow-through treatment BMPs" means a modular, vault type "high flow biotreatment" device contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

Z. "Full Capture System" means any single device or series of devices, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area. The Rational Equation is used to compute the peak flow rate:

Where:

AA. "Construction General Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of storm water from construction activities under certain conditions.

BB. "Industrial General Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of storm water from certain industrial activities under certain conditions.

CC. "Green Roof" means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.

DD. "Hazardous Substance" means any "Hazardous Substance" as that term is defined under California Health & Safety Code §§ 25281(g), 25501(o) and 25501.7, and pursuant to 42 U.S.C. § 9601(14); any "hazardous waste" as that term is defined under 42 U.S.C. § 6903(5), and under California Health & Safety Code § 25550(p); any "hazardous material," as that term is defined under California Health & Safety Code § 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health & Safety Code § 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term "Hazardous Substance" includes any amendments to the above-referenced statutes and regulations.

EE. "Hillside Property" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes.

FF. "Illicit Connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

GG. "Illicit Discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-storm water discharge, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in Part III.A.1.d.

HH. "Impaired Water Body" means a water body that is listed by the State Board as impaired by a particular pollutant or pollutants, pursuant to § 303(d) of the Clean Water Act.

II. "Impervious Surface" means any 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 including, but not limited to: parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from the use of paving or compacted gravel.

JJ. "Industrial/Commercial Facility" means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition.

KK. "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.

LL. "Infiltration BMP" means a LID BMP that reduces storm water runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.

MM. "Low Impact Development (LID)" consists of building and landscape features designed to retain or filter storm water runoff.

NN. "Low Impact Development for Small Sites Technical Guidance Manual (LID Manual for Small Sites)" means such manual prepared by the Director and approved by the City Council pursuant to § 12.16.116(A) of this chapter.

OO. "Low Impact Development Plan (LID Plan)" means such plan prepared by the project applicant pursuant to § 12.16.114(D) of this chapter.

PP. "Maximum Extent Practicable" In selecting BMPs which will achieve MEP, it is important to remember that municipalities will be responsible to reduce the discharge of pollutants in storm water to the maximum extent practicable. This means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive. The following factors may be useful to consider:

1. Effectiveness: Will the BMP address a pollutant of concern?

2. Regulatory Compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations?

3. Public acceptance: Does the BMP have public support?

4. Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved?

5. Technical Feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc.?

After selecting a menu of BMPs, it is of course the responsibility of the discharger to insure that all BMPs are implemented.

QQ. "Municipal NPDES Permit (MS4 Permit)" means the current, area-wide NPDES permit issued to a government agency or agencies permitting the discharge of storm water from an MS4.

RR. "Municipal Separate Storm Sewer System (MS4)" or "Municipal Storm Drain System" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. 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, storm water, 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 § 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying storm water;

3. Which is not a combined sewer; and

4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2. (40 CFR § 122.26(b)(8)) (Order No. R4-2012-0175)

SS. "National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA § 307, 402, 318, and 405. The term includes an "approved program."

TT. "National Pollutant Discharge Elimination System ("NPDES") Permit" means a storm water discharge permit issued by the Los Angeles Regional Water Quality Control Board or the State Water Resources Control Board, that authorizes discharges to water of the United States and requires the reduction of pollutants in such discharges.

UU. "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.

VV. "New Development" means land disturbing activities, structural development (including construction or installation of a building or structure), creation of impervious surfaces, and land subdivision.

WW. "Non-Storm Water Discharge" means any discharge to the Municipal Storm Drain System that is not composed entirely of storm water.

XX. "Outfall" means a point source as defined by 40 CFR § 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States. Outfall does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United States and are used to convey waters of the United States.

YY. "Parking Lot" means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces.

ZZ. "Person" means any natural person, firm, association, club, organization, corporation, partnership, sole proprietorship, business trust, company or other entity which is recognized by law as the subject of rights or duties.

AAA. "Pollutant" means those pollutants defined in § 502(6) of the Federal Clean Water Act (33 U.S.C. § 1362(c)) or incorporated into California Water Code § 13373. Examples of pollutants include, but are not limited to, the following:

1. Artificial materials, chips or pieces of man-made materials (such as floatable plastics, paper, cartons, or pieces of metal);

2. Commercial or industrial water (such as fuels, solutions, detergents, plastic pellets, hazardous substances, fertilizer, pesticides, slag, ash and sludge);

3. Household waste (such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household equipment);

4. Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals, such as phosphorus and arsenic;

5. Petroleum hydrocarbons (such as crude oils, fuels, lubricants, surfactants, waste oils, solvents, coolants, condensate and grease);

6. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, or flora or fauna of the State of California;

7. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities, or polo fields);

8. Substances having characteristics with a pH of less than six or greater than nine; or unusual coloration or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;

9. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing);

10. The term "Pollutant" shall not include uncontaminated storm water runoff, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

BBB. "Potable Water Sources" means flows from drinking water distribution systems, including flows from system failures, pressure releases, system maintenance, well development, testing, fire hydrant flow testing and flushing, and dewatering of pipes, reservoirs, vaults, and wells.

CCC. "Premises" means any building, structure, fixture or improvement on land, and any lot, parcel of land, land or portion of land whether improved or unimproved.

DDD. "Project" means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code § 21065).

EEE. "Proper Disposal" means the act of disposing of material(s) in a lawful manner which ensures protection of water quality and beneficial uses of receiving waters.

FFF. "Rainfall Harvest and Use" means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department.

GGG. "Receiving Water" means "water of the United States" into which waste and/or pollutants are or may be discharged.

HHH. "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. 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.

III. "Regional Board" means the California Regional Water Quality Control Board, Los Angeles Region.

JJJ. "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.

KKK. "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils.

LLL. "Routine Maintenance" includes, but is 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. Perform road shoulder work, regrade dirt or gravel roadways and shoulders and perform ditch cleanouts;

4. Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; or

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.

MMM. "Runoff" means any runoff, including storm water and dry weather flows, that reaches a receiving water body or subsurface. During dry weather, it is typically comprised of many base flow components that are either contaminated with pollutants, or that are uncontaminated, and nuisance flows.

NNN. "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.

OOO. "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.

PPP. "Small Site Low Impact Development Plan (Small Site LID Plan)" means such plan prepared by the project applicant pursuant to § 12.16.116(B) of this chapter.

QQQ. "State Board" means the State Water Resources Control Board.

RRR. "State General Construction Permit" means the current State approved NPDES Permit and waste discharge requirements for discharges of storm water associated with construction activities, and any amendments thereto.

SSS. "Storm Drain System" means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of storm water and are located within the City.

TTT. "Storm Water or Storm water" means runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

UUU. "Storm Water Pollution Prevention Plan (SWPPP)" means such plan, as developed by a Qualified SWPPP Developer, as defined by the Construction General Permit.

VVV. "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.

WWW. "US EPA" means the United States Environment Protection Agency.

XXX. "Water Quality Standards" means those water quality standards and/or water quality objectives adopted by either the State Board and/or US EPA for the Los Angeles Region.

YYY. “Contiguous Vacant Parcel” shall mean an undeveloped area of land consisting of two or more adjoining parcels or units of land with the same ownership, and sharing some common boundary line or point. Parcels shall not be deemed contiguous parcels if their common boundary line or point lies within a public road, street, or alley, railroad rights-of-way, or other feature deemed to be similar by the Director of Community Development. For purposes of this chapter, the contiguous vacant parcels shall collectively be considered a single unimproved vacant parcel. A contiguous vacant parcel of 1.0 acre or more in size shall be referred to as a vacant parcel for purposes of this section.

ZZZ. “Erosion” shall mean the wearing away of land by action of wind, water, ice, gravity, or a combination thereof.

AAAA. “Grading” shall mean any stripping, excavating, stockpiling, or combination thereof, including the land in its excavated or filled condition.

BBBB. “Parcel” shall mean a contiguous quantity of land, in the possession of, owned by, or recorded as the property of the same claimant of person.

CCCC. "Partially Vacant Parcel” shall mean a parcel with a permitted structure, but whose unimproved portion totals 1.0 acre or more in size. The 1.0 acre or more unimproved portion would qualify the entire parcel under the chapter. A qualified partially vacant parcel shall be referred to as a vacant parcel for purposes of this section.

DDDD. “Soil Erosion and Sediment Control Measures” shall mean control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained indefinitely.

EEEE. “Sediment” shall mean material which may be soil or organic that is displaced from the point of origin by wind, water, gravity, or human activities and deposited elsewhere.

FFFF. “Soil Erosion” shall mean the wearing away of soil particles by wind, water, ice, gravity, or a combination thereof.

GGGG. “Stabilization” shall mean the establishment of vegetation, or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.

HHHH. “Surface Water” shall mean water that may or may not be generated by a storm event which is not infiltrated or absorbed into the group, and eventually is captured by storm drains.

IIII. “Vacant Parcel” shall mean an unimproved parcel without a permitted structure or other associated permanent improvements such as approved paved parking lots and associated landscaping. Oil and gas wells, auto center freeway signs, temporary storage sheds, modular buildings, and oil field related equipment are not considered structures for purposes of this section.

(Ord. 2017-09-1495 § 1; Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 1)

The purpose of this chapter is to protect the public health, welfare and safety and to reduce the quantity of pollutants being discharged to the waters of the United States through:

A. The elimination of non-storm water discharges to the municipal storm drain system;

B. The elimination of the discharge of pollutants into the municipal storm drain system;

C. The reduction of pollutants in storm water discharges to the maximum extent practicable;

D. The protection and enhancement of the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act;

E. Reducing the contribution of pollutants from the MS4 through interagency coordination.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

The responsibility for the administration, oversight and implementation of this chapter is delegated to the Director and his or her authorized agent, deputy or representative.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

Fees to be charged for plan checking, inspection, enforcement and any other activities carried out by the City under this chapter shall be specified by resolution of the City Council.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

A. No person shall construct, utilize, maintain, operate or permit the existence of any Illicit Connection on any premises owned, controlled or operated by such person.

B. Any Illicit Connection constructed, utilized, maintained, operated or permitted to be operated on any premises owned, controlled or operated by any person, from and after the date of the adoption of this chapter, shall be terminated and removed and/or otherwise sealed in a manner approved by the Director.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

A. Except as otherwise permitted herein, all non-storm water discharges to the municipal storm drain system are prohibited.

B. No person shall cause, facilitate or permit any illicit discharge to the municipal storm drain system.

C. No person shall cause, facilitate or permit a discharge into an MS4 that causes or contributes to an exceedence of any water quality standard.

D. No person shall cause, facilitate or permit any discharge into an MS4 that causes or threatens to cause a condition of pollution, contamination, or nuisance (as defined in California Water Code § 13050).

E. No person shall cause, facilitate or permit any discharge into an MS4 containing pollutants which have not been reduced to the Maximum Extent Practicable.

F. No person shall cause, facilitate or permit any discharge of washwaters to the municipal storm drain system in the performance of any maintenance or cleaning of a gas station, auto or truck repair garage or other similar auto or truck service facility.

G. No person shall cause, facilitate or permit any discharge of wastewater to the municipal storm drain system from any mobile auto washing, steam cleaning, mobile carpet cleaning, or other similar mobile commercial and/or industrial operation.

H. All persons shall use Best Management Practices to avoid, to the maximum extent practicable, any discharge to the municipal storm drain system from property owned or operated by such person, where there has been an unmitigated release or a threat of release of leaking oils or other petroleum fluids, including but not limited to used oils, transmission oils, waste oils, cutting oils, kerosene, diesel, gasoline or antifreeze, from any machinery and/or equipment, including motor vehicles located in or on industrial sites or facilities within the city.

I. No person shall discharge, cause, facilitate or permit to be discharged any chlorinated/brominated swimming pool water or filter backwash to the municipal storm drain system.

J. No person shall use, store, maintain or discharge or cause, facilitate or permit to be discharged, any hazardous or toxic substance in an area that creates a release or a threat of a release of such hazardous or toxic substances into the municipal storm drain system.

K. No person shall discharge, or cause, facilitate or permit to be discharged into the municipal storm drain system any untreated waste water from the washing or cleaning of concrete trucks.

L. No person shall discharge, or cause, facilitate or permit to be discharged any leaves, dirt or other landscape debris, or construction debris into the municipal storm drain system.

M. No person shall discharge, or cause, facilitate or permit to be discharged any pesticide, fungicide or herbicide presently banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation into the municipal storm drain system.

N. No person shall discharge, or cause, facilitate or permit to be discharged non-storm water or storm water from property it owns, operates, or maintains, that causes or contributes to a violation of a water quality standard.

O. No person shall discharge or cause, facilitate or permit to be discharged non-storm water or storm water, from property it owns, operates or maintains, that causes or contributes to a condition of nuisance.

P. All owners or operators of industrial and/or commercial property shall use BMPs in the use, maintenance, repair and operation of all machinery and equipment utilized on such property, in order to minimize and eliminate the discharge of pollutants to the municipal storm drain system.

Q. All owners and operators of industrial and/or commercial motor vehicle parking lots containing more than twenty-five parking spaces shall conduct regular sweeping and other similar measures to minimize the discharge of pollutants and other debris in the municipal storm drain system.

R. Except as otherwise permitted under federal, state or local law, no owner or operator of an industrial or commercial premises within the City shall discharge or cause, facilitate or permit to be discharged any non-storm water runoff into the municipal storm drain system.

S. The discharge of any food or food processing wastes is prohibited.

T. The discharge of any fuel and chemical wastes, animal wastes, garbage, batteries and other materials that have potential adverse impacts on water quality is prohibited.

U. Exempted Discharges. The following non-storm water discharges are considered exempt or conditionally exempt Illicit Discharges, and are not prohibited by this chapter, unless otherwise modified or revised by the Director: Discharges Identified in Part III.A of the 2012 NPDES MS4 permit.

V. Any person who violates the terms of this section shall immediately commence all appropriate response action to investigate, assess, remove and/or remediate any pollutants discharged as a result of such violation, and shall reimburse the City or other appropriate governmental agency, for all costs incurred in investigating, assessing, monitoring and/or removing, cleaning up, treating or remediating any pollutants resulting from such violation, including all reasonable attorneys' fees and environmental and related consulting fees incurred in connection therewith.

W. Upon receipt of notice from the Executive Officer of the Regional Board to add to or delete from the list of Exempted Discharges referenced above, or in the event of a determination by the Director that any non-storm water discharge is determined to be a source of Pollutants requiring that it be prohibited, the Director may modify the list of Exempted Discharges above, and upon notice to any such discharger, such discharger shall immediately cease the discharge of any such non-storm water.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 2002-07-1304 § 2; Ord. 96-12-1215 § 1)

A. Immediate Notification. Any person who intentionally, negligently or otherwise violates any provision of this chapter resulting in a Discharge of a Pollutant or Pollutants to the municipal storm drain system shall immediately notify the Director by telephone or in person, and shall identify at that time the location of the Discharge, the date and time of the Discharge, the type and concentration of the volume of Pollutant Discharged, as well as any corrective action taken as a result of the Illicit Discharge. Written notification of such discharge information shall thereafter be provided to the Director within forty-eight hours of the discharge.

B. Written Report. All persons violating this chapter shall within ten calendar days after any such Discharge of a Pollutant or Pollutants, file with the Director a detailed written report describing the cause of the discharge, the date and time of the Discharge, the type, concentration and volume of material discharged, the location of the Discharge, any specific information necessary, in connection with the location to fully explain the potential impacts from the Discharge, and any corrective action or other measures taken in connection with the Discharge, including any measures taken to prevent similar Discharges in the future. Submission of this written report shall not be deemed to be a waiver or release of any person for liability, fines or other obligations imposed under this chapter, or otherwise in the city's code or under state or federal law.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

A. No person shall Discharge, or cause or permit to be Discharged any "refuse," "hazardous waste," or "infectious waste" (as such terms are defined under Chapter 8.08 of this code) into the municipal storm drain system, including into any street, alley, alleyway, sidewalk, inlet, catch basin, storm basin, or drainage structure or facility which is a part thereof, or onto any public or private property, except through the discarding, depositing, disposal or placement in containers, barrels and/or bins to be used for the proper containment and transportation of such waste material, and except for the disposal of such waste at properly licensed and permitted solid and/or hazardous waste facilities.

B. Any person violating subsection A of this section shall immediately cause the proper collection and abatement of such waste material and shall assess, remedy and cleanup any premises and/or any portion of the municipal storm drain system directly or indirectly affected by such discharge.

C. Any and all costs and expenses incurred by the City in assessing and abating a violation of this section may be assessed against all violating persons, including all administrative expenses and legal fees and costs incurred by the City in assessing and abating the Discharge and in enforcing the terms of this section, including litigation fees and costs.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

No person shall use or apply any pesticide, herbicide or fungicide on any public or private property within the city, the manufacture of which has been prohibited by the United States Environmental Protection Agency and/or the California Department of Pesticide Regulation.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

All persons engaged in commercial or industrial activity, or in construction activity, shall comply with all storm water discharge requirements of the United States Environmental Protection Agency and/or the State Board or Regional Board. Proof of compliance with such discharge requirements may be required by the City in a form acceptable to the Director, prior to the issuance of any grading, building or occupancy permit, or any other type of permit or license issued or to be issued by the city.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)

A. Treatment Systems. All persons who own, operate or maintain storm water clarifiers, separators, sediment ponds, LID BMPs, and other storm water treatment systems shall at all times maintain such systems in good working order and repair. This maintenance requirement shall be understood to include any maintenance activities necessary to prevent or reduce the discharge of pollutants to achieve water quality standards/receiving water limitations, and prevent the breeding of vectors. Such systems shall be constructed and installed in a manner so as to at all times permit easy and safe access for proper maintenance, repair and inspection. Documentation on operation and maintenance activities shall be retained onsite at all times, and made available upon request by an authorized enforcement officer.

B. Industrial Sites. Each owner, operator or person in charge of day-to-day activities at any industrial site (including construction sites) within the City shall implement those minimum BMPs as may be designated by the Director, as necessary to control Pollutants (or the potential contribution of Pollutants) that exist or may exist in Discharges in runoff from such facility into the MS4. For those industrial sites that are located within ESAs or that are tributary to Impaired Water Bodies, and those industrial sites implementing BMPs that are not adequate to achieve Water Quality Standards, the Director may impose additional BMPs or additional controls in existing BMPs may be required to be implemented as required by the Director.

C. Commercial, Residential Uses. All owners, operators, and/or persons in charge of the day-to-day activities in any commercial (including institutional) or residential facility, or any other non-industrial operation within the City, shall implement those BMPs as may be required by the Director and needed to reduce the discharge of Pollutants into the MS4, as well as such additional controls as needed to avoid causing or contributing to an exceedence of a Water Quality Standard, or to reduce Pollutants in runoff in or discharging to an ESA or such areas that are tributary to an Impaired Water Body.

(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 2)

A. Copies of Documents. All persons engaged in Construction Activity within the City requiring State Construction General Permit coverage shall have at least the following readily available at the construction site:

• 1. One (1) copy of the notice of intent for the State Construction General Permit.
• 2. The waste discharge identification (WDID) number issued by the State Board.
• 3. One (1) copy of the SWPPP and storm water monitoring plan as required by the permit.

The documents listed above must also be retained for three (3) years from the date generated or date submitted, whichever is last.

B. All persons engaged in Construction Activity within the City shall implement best management practices to avoid, to the maximum extent practicable, the discharge of pollutants to the MS4, in accordance with the city's grading manual, as developed and updated by the City engineer, and, when applicable, in accordance with a grading plan approved by the City engineer for such project.

1. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the State of California general permit for storm water discharges associated with industrial activities or for storm water discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan.

C. Development construction requirements.

1. Runoff from construction activity at all construction sites shall meet the following minimum requirements:

a. Sediments generated on the project site shall be retained using adequate treatment control or structural BMPs;

b. Construction-related materials, wastes, spills, or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff;

c. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site; and

d. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes.

2. For those construction projects which are one acre and greater, the owner, operator and person in charge of the day-to-day activities at such construction site shall meet the following minimum requirements:

a. Where coverage is required pursuant to the state construction general permit, to have proof of a waste discharger identification number for filing of a notice of intent for permit coverage under the state construction general permit, as well as a certification that an SWPPP has been prepared; and

b. To show proof of a notice of intent and a copy of the SWPPP upon the transfer of ownership of any part or portion of the subject property, while construction activities are ongoing.

D. City review and plan approval.

1. Prior to the issuance of a permit for a new development or redevelopment project, the City shall evaluate the proposed project using the applicable state construction general permit approved by the Regional Board, and erosion and grading requirements of the City building official or director to determine (i) its potential to generate the flow of pollutants into the MS4 during construction; and (ii) how well the SWPPP for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the City may impose conditions upon the issuance of the building permit, in addition to any required by the state construction general permit for the project, in order to minimize the flow of pollutants into the MS4.

2. No grading permit for developments requiring coverage under the state construction general permit shall be issued unless the applicant can show that a notice of intent to comply with the state construction general permit has been filed and that an SWPPP has been prepared for the project.

3. Storm water runoff containing sediment, construction waste or other pollutants from the construction site and parking areas shall be reduced to the maximum extent practicable. The following best management practices shall apply to all construction projects within the city, and shall be required from the time of demolition of existing structures or commencement of construction until receipt of a certificate of occupancy:

a. Sediment, construction waste, and other pollutants from construction activities shall be retained on the construction site to the maximum extent practicable;

b. Structural controls such as sediment barriers, plastic sheeting, detention ponds, dikes, filter beams and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site;

c. All excavated soil shall be located on the site in a manner that minimizes the amount of sediments running onto the street, drainage facilities or adjacent properties. Soil piles shall be covered with plastic or similar material until the soil is either used or removed from the site;

d. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction or other vehicles is permitted to run off the construction site, or to otherwise enter the MS4.

4. As a condition to granting a building permit or grading permit, the City may set reasonable limits on the clearing of natural vegetation from construction sites, in order to reduce the potential for soil erosion. These limits may include, but are not limited to, regulating the length of time soil is allowed to remain bare or prohibiting bare soil.

5. The Director may require, prior to the issuance of any building or grading permit, preparation of appropriate wet weather erosion control plan, SWPPP or other plans consistent with countywide development construction guidance provisions and the goals of this chapter.

6. Full or partial waivers of compliance with the requirements of this section may be obtained where the project applicant shows by application in writing that the incorporation and design elements that address the objectives set forth in this section are impracticable, and are non-economical or otherwise physically impossible due to the site characteristics or other characteristics unique to the project. Any waiver request shall be in writing to the director and may only be approved where permitted in accordance with the terms of the existing construction general permit.

(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 3)

A. Objective. The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the MS4 permit, 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. 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 projects:

1. All development projects equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.

• 2. Industrial parks with 10,000 square feet or more of surface area.
• 3. Commercial malls with 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 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 with 10,000 square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

8. Automotive service facilities with 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, 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 properties.

11. Redevelopment projects.

a. Construction 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 of one of the projects identified in this subsection.

b. Where redevelopment results in an alteration to more 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, the entire project must be mitigated.

c. Where redevelopment results in an alteration to 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 of impervious surface area.

D. Requirements. The site for every project identified in § 12.16.114(C) 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. The project applicant shall prepare a LID plan which implements set LID standards and practices for storm water pollution mitigation and provides documentation to demonstrate compliance with the MS4 Permit on the plans and permit application submitted to the city. Such a LID plan shall comply with the following:

1. A new single-family hillside property development shall prepare a LID plan to 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 US EPA guidance regarding managing wet weather with the city's most current Green Streets Manual to the maximum extent practicable.

3. The remainder of Projects identified in § 12.16.114(C) 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.

E. Technical Infeasibility.

1. Full or partial waivers of compliance with the requirements of this section may be obtained where the project applicant shows by application in writing that the incorporation and design elements that address the objectives set forth in this section are impracticable and are non-economical or otherwise physically impossible due to the site characteristics or other characteristics unique to the project. Any waiver request shall be in writing to the director and may only be approved where permitted in accordance with the terms of the MS4 permit.

2. To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain 100 percent of the SWQDv on-site, 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. Technical infeasibility may result from conditions including the following:

a. 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.

b. Locations where seasonal high groundwater is within five to ten 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

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 onsite volume retention requirement.

3. 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 the MS4 permit.

4. Additional alternative compliance options such as offsite infiltration and groundwater replenishment projects may be available to the project site. The applicant should contact the director to determine eligibility.

5. 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 by the MS4 permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

a. 0.2 inches per hour, or

b. The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

F. Exemptions from LID requirements. The provisions of this section do not apply to any of the following:

1. A development involving only emergency construction activity required to immediately protect public health and safety;

2. Infrastructure projects within the public right-of-way;

3. A development or redevelopment involving only activity related to gas, water, cable, or electricity services on private property;

4. A development involving only resurfacing and/or re-striping of permitted parking lots, where the original line and grade, hydraulic capacity, and original purpose of the facility is maintained;

5. A project involving only exterior movie or television production sets, or facades on an existing developed site;

6. A project not requiring a City building, grading, demolition or other permit for construction activity.

G. Any development that is exempted from LID requirements under division F. of this section has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein.

H. City review and approval.

1. Prior to the issuance of a permit for a new development or redevelopment project, the City shall evaluate the proposed project using the MS4 permit, and erosion and grading requirements of the City building official or director to determine (i) its potential to generate the flow of pollutants into the MS4 after construction; and (ii) how well the LID plan for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the City may impose conditions upon the issuance of the building permit, in addition to any required by the State construction general permit for the project, in order to minimize the flow of pollutants into the MS4.

2. The director shall approve or disapprove of the LID plan within thirty (30) calendar days of submittal, or within thirty (30) days of approval of the development project by the planning commission, where planning commission approval is required. If the LID plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any LID plan disapproved may be revised by the applicant and resubmitted for approval. A resubmitted plan will be approved or disapproved within thirty (30) days of submittal. No building or grading permit shall be issued until a LID plan has been approved by the director.

3. If no building permit has been issued or no construction has begun on a project within a period of one hundred eighty (180) days of approval of a LID plan, the LID plan for that project shall expire. The director may extend the time by written extension for action by the applicant for a period not to exceed one hundred eighty (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, the applicant shall resubmit all necessary forms and other data and pay a new LID plan check fee.

I. Transfer of properties subject to the requirements of this section.

1. The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing LID BMP, or (b) replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the City and MS4 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 LID BMPs at least once a year and retain proof of inspection.

2. For residential properties where the LID BMPs are located within a common area which will be maintained by a homeowners' association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what LID BMPs are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.

3. If LID 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.

(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 4)

A. LID manual. The LID manual for small sites shall be prepared, maintained, and updated, as deemed necessary and appropriate, by the director and approved by the City Council. It shall set LID standards and practices for storm water pollution mitigation, including urban and storm water runoff quantity and quality control development principles and technologies for achieving the LID standards for projects not otherwise required to implement LID strategies by the MS4 permit. The LID manual for small sites 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.

B. Requirements. The site for projects not listed in § 12.16.114(C), but resulting in the creation or addition or replacement of 500 square feet or more of impervious surface area shall be designed to control pollutants, pollutant loads, and runoff volume per the LID manual for small sites. The project applicant shall prepare a small site LID plan which implements set LID standards and practices, as identified in the LID manual for small sites for storm water pollution mitigation, and provides documentation to demonstrate compliance with the LID manual for small sites on the plans submitted to the city. Such a small site LID Plan shall comply with the following:

1. Storm water runoff will be infiltrated, evapotranspired, captured and used, biofiltrated/biotreated through high removal efficiency LID BMP alternatives as identified in the LID manual for small sites, onsite, through storm water management techniques that comply with the provisions of the LID manual for small sites. To the maximum extent feasible, onsite storm water management techniques must be properly sized, at a minimum, without any storm water runoff leaving the site for at least the volume of water produced by the water quality design storm event that results from:

a. The 85th percentile 24-hour rain event determined as the maximized capture storm water volume for the area using a 48 to 72-hour draw down time; or

b. The volume of runoff produced from a 0.75 inch, 24 hour rain event.

2. Pollutants shall be prevented from leaving the site for a water quality design storm event as defined in division B.1. of this section, unless the site has been treated through an approved LID strategy.

3. Any development of four or fewer units intended for residential use shall implement LID BMP alternatives identified in the LID manual for small sites for the residential LID category and provide documentation to demonstrate compliance on the plans and permit application submitted to the city.

4. Any development of five or more units intended for residential use or any development intended for nonresidential use shall implement LID BMP alternatives identified in the LID manual for small sites for the commercial/industrial LID category and provide documentation to demonstrate compliance on the plans and permit application submitted to the city.

5. For any construction activity resulting in an alteration of at least fifty percent (50%) or more of the impervious surfaces on an existing developed site, the entire site must comply with the standards and requirements stated above and with the LID manual for small sites.

6. For any construction activity resulting in an alteration of less than fifty percent (50%) of the impervious surfaces of an existing developed site, only such incremental development shall comply with the standards and requirements stated above and with the LID manual for small sites.

C. Technical infeasibility.

1. When, as determined by the director, the onsite LID requirements are technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted small site LID plan, shall be consistent with other City requirements, and shall be reviewed in consultation with the Department of Building and Safety. The technical infeasibility may result from conditions that may include, but are not limited to:

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

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

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

d. Locations with potential geotechnical hazards;

e. Locations with impermeable soil type as indicated in applicable soils and geotechnical reports; and

f. 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.

2. If partial or complete onsite compliance of any type is technically infeasible, as determined by the director, the project site and LID plan will be granted a waiver from the requirements of this section and the LID manual for small sites. If a portion of the project site is deemed technically infeasible, the project applicant may propose an equivalent area within the same project area for LID. The director may permit substitutions of equivalent areas upon request by the project applicant.

D. Exemptions from LID requirements. The provisions of this section do not apply to any of the following:

1. A development involving only emergency construction activity required to immediately protect public health and safety;

2. Infrastructure projects within the public right-of-way;

3. A development or redevelopment involving only activity related to gas, water, cable, or electricity services on private property;

4. A development involving only resurfacing and/or re-striping of permitted parking lots, where the original line and grade, hydraulic capacity, and original purpose of the facility is maintained;

5. A project involving only exterior movie or television production sets, or facades on an existing developed site;

6. A project not requiring a City building, grading, demolition or other permit for construction activity.

E. Any development that is exempted from LID requirements under division D. of this section has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein.

F. City review and plan approval.

1. Prior to the issuance of a permit for a small site, as described in § 12.16.116(B), the City shall evaluate the proposed project using the LID manual for small sites and erosion and grading requirements of the City building official or director to determine (i) its potential to generate the flow of pollutants into the MS4 after construction; and (ii) how well the small site LID plan for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the City may impose conditions upon the issuance of the building permit, in order to minimize the flow of pollutants into the MS4.

2. The director shall approve or disapprove of the small site LID plan within thirty (30) calendar days of submittal, or within thirty (30) days of approval of the development project by the planning commission, where planning commission approval is required. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any plan disapproved may be revised by the applicant and resubmitted for approval. A resubmitted plan will be approved or disapproved within thirty (30) days of submittal. No building or grading permit shall be issued until a small site LID plan has been approved by the director.

3. If no building permit has been issued or no construction has begun on a project within a period of one hundred eighty (180) days of approval of a small site LID plan, the small site LID plan for that project shall expire. The director may extend the time by written extension for action by the applicant for a period not to exceed one hundred eighty (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 small site LID plan, the applicant shall resubmit all necessary forms and other data and pay a new plan review fee.

G. Transfer of properties subject to the requirements of this section.

1. The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing LID BMP, or (b) replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the City and MS4 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 LID BMPs at least once a year and retain proof of inspection.

2. For residential properties where the LID BMPs are located within a common area which will be maintained by a homeowners' association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what LID BMPs are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.

3. If LID 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.

(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 5)

A. Before review and approval of a set of plans and specifications, the applicant shall pay a LID plan check fee.

B. LID plan check fees will be established by resolution of the City Council.

(Ord. 2013-11-1462 § 1; Ord. 2013-06-1455 § 6)

A. Guidance Manual. The Director of Community Development shall provide a guidance manual to serve as a resource of information and direction in preparing a compliance plan for City review and approval. The guidance manual shall be available at City Hall and posted on the City's website. The property owner or other responsible party may utilize the manual to submit a compliance plan. However, the property owner or other responsible party is not limited to the control measures outlined in the manual, as they can propose alternate devices of equal effectiveness.

B. Notice. The affected property owners will be notified in writing that their property qualifies under the Vacant Parcel Ordinance. The notice shall include the City's guidance manual. Furthermore, the notice shall state their obligations, as responsible property owners, to submit a compliance plan, construct the improvements (once approved by the City), and maintain their property in a condition consistent with the approved compliance plan. All actions must be completed by the established deadlines.

C. Compliance Plan.

1. Applicability. For vacant parcels that are equal to or greater than 43,560 square feet (one acre or more), the property owner or other responsible party shall submit a compliance plan following the guidance manual for City review and approval.

2. Required Components.

a. Sediment Control Measures. The compliance plan must incorporate measures to control sediment. The plan may include the devices listed in the guidance manual or can propose alternate devices of equal effectiveness.

b. Maintenance Plan. The compliance plan must also include a maintenance section detailing procedures to ensure soil erosion and sediment control measures are in proper working condition indefinitely. The guidance manual contains procedures for proper maintenance of various types of soil erosion and sediment control measures.

3. Evaluation. The compliance plan will be reviewed by the City's stormwater consulting firm. The guidance manual shall serve as the standard for review.

D. Time Frame for Compliance. Regardless of whether the compliance plan is approved or disapproved by the Director, the property owner shall bring the parcel into compliance by installing devices consistent with the guidance manual, no later than 180 days from the date of the original mailing or posting, unless additional time is granted by the director. Any request for additional time shall be made in writing, shall include agreement to comply with the requirements of this section, shall provide justification for the request, shall state an estimated completion date, and shall be signed by the property owner(s).

E. Maintenance, Inspections, and Corrections.

1. The property owner or other responsible party shall conduct proper maintenance of soil erosion and sediment control measures as defined in the approved compliance plan. Additionally the property owner shall not create a nuisance as defined in SHMC Chapter 8.12.

2. The Director shall conduct annual or as necessary inspections of the parcels subject to this section to ensure proper installation and maintenance of the soil erosion and sediment control measures in the approved compliance plan.

3. Adequate maintenance of soil erosion and sediment control measures identified in the approved compliance plan shall be determined by the Director following inspections. Vacant parcels will be determined to be in compliance with this section by inspection of soil erosion and sediment control measures which must be maintained to the standards described in the approved compliance plan.

4. If the vacant parcel is not in compliance, property owners will be notified in writing that corrective actions are required. The property owner or other responsible party shall be required to address corrective actions by:

a. Fixing or replacing the existing soil erosion and sediment control measures on the approved compliance plan; and

b. Submitting an amendment to the previously approved compliance plan to propose additional measures or new replacement measures.

5. If, subsequent to such notification of corrective actions, the Director determines that any vacant parcel has become non-compliant with this section, improperly operated and maintained, or that the use of the parcel has changed significantly, the Director may require a new compliance plan, which shall require the property owner to complete repairs of damaged or deteriorated soil erosion and sediment control measures.

F. Penalties.

1. Any property owner failing to submit a compliance plan as required by this chapter shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).

2. Any property owner failing to construct the improvements contained on an approved compliance plan within the required period shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).

3. Any property owner failing to maintain both their property and site improvements in a condition consistent with an approved compliance plan, or in a condition that is otherwise in violation of any section of this chapter, shall be considered in violation and is subject to enforcement pursuant to Section 12.16.120(B).

(Ord. 2017-09-1495, § 2)

A. Inspections. The City Manager or the Director, or any designee thereof, may, on twenty-four hour oral or 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 waste water, non-storm water, 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. A vehicle, truck, trailer, tank or other mobile equipment;

7. 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, storm water 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 municipal 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 municipal storm drain system;

9. Inspecting the integrity of all storm drain and sanitary sewer systems, any connection to other pipelines on the property, including the use of 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 institution and maintenance of monitoring devices for the purpose of measuring any Discharge or potential source of Discharge to the municipal storm drain system;

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

B. Enforcement.

1. Any violation of this chapter is a misdemeanor and shall be punishable by either a fine of up to one thousand dollars or six months in the county jail, or both.

2. Any person who may otherwise be charged with a misdemeanor as a result of a violation of this chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than one hundred dollars for the first violation, two hundred dollars for the second violation, and two hundred fifty dollars for each additional violation thereafter.

3. As a part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the City or any injured person, or, in the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.

4. Any person violating the provisions of this chapter shall reimburse the City for any and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any Illicit Discharge or Pollutant from the municipal storm drain system; rectifying any Illicit Connection; or remediating any violation of this chapter.

Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The costs to be recovered in this Section 12.16.120 shall be recoverable from any and all persons violating this chapter.

5. In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or Director, or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the Discharge of Pollutants, where such Discharge presents a significant and immediate threat to the public health or safety, or the environment.

6. Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this code and state law.

7. All costs and fees incurred by the City as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.

8. Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.

9. The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.

10. Each separate Discharge in violation of this chapter and each day a violation of this chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.

11. Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter.

12. The City may utilize any and all other remedies as otherwise provided by law.

(Ord. 2013-11-1462 § 1; Ord. 2003-02-1316 § 1; Ord. 96-12-1215 § 1)