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HomeMy WebLinkAbout678ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING SECTION 8.28.130 OF THE IRWINDALE MUNICIPAL CODE TO ADD REGULATIONS FOR LOW IMPACT DEVELOPMENT AND GREEN STREETS A. RECITALS (i) The City is authorized by Article XI, Section 5 and Section 7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity. (ii) The federal Clean Water Act establishes Regional Water Quality Control Boards in order to prohibit the discharge of pollutants in stormwater runoff to waters of the United States. (iii) The City is a permittee under the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, issued on November 8, 2012, which establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems ("M54") Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4. (iii) Order No. R4-2012-0175 contains requirements for municipalities to establish a Low Impact Development ("LID") Ordinance and a Green Streets Policy in order to participate in a Watershed Management Program. (v) The Regional Board has adopted Total Maximum Daily Loads ("TMDLs") for pollutants, which are numerical limits that must be achieved effectively through LID implementation. (vii) The City has the authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity that might degrade waters of the State. (viii) The City is committed to a stormwater management program that protects water quality and water supply by employing watershed-based approaches that balance environmental and economic considerations. (ix) The City intends to expand the applicability of the existing LID requirements by providing stormwater LID strategies for Development and Redevelopment projects, as defined herein. B. ORDINANCE Ordinance No. 678 Page 1 of 7 NOW, THEREFORE, the City Council of the City of Irwindale hereby does ordain as follows: SECTION 1. Section 8.28.130 of Chapter 8.28 of the Irwindale Municipal Code is amended to read, in its entirety, as follows: "8.28.130 - Control of pollutants from new developments/redevelopment projects. A. Standard Urban Stormwater Mitigation. The Planning and Land Development Program is a compliance component under Municipal NPDES Permit. Subject new development and redevelopment projects are required to comply with Standard Urban Stormwater Mitigation Program (SUSMP) conditions assigned by the city that shall consist of: (1) low impact development (LID) structural and non-structural best management practices (BMPs); (2) source control BMPs; and (3) structural and non- structural BMPs for specific types of uses. LID controls effectively reduce the amount of impervious area of a completed project site and promote the use of infiltration and other controls that reduce runoff. Source control BMPs prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4. Specific controls are also required to address pollutant discharges from certain uses including but not limited to housing developments, retail gasoline outlets, automotive-related facilities, restaurants, and industrial and commercial facilities where pollutant materials are disposed, stored, or handled. B. Stormwater Management/Watershed Management Program. The city's stormwater management program (SWMP) or watershed management program (WMP), whichever is in effect at the time of review, is hereby incorporated by reference and shall contain specific conditions and procedures for meeting Planning and Land Development Program and SUSMP requirements. The program plans shall reference guidance documents to facilitate compliance, including, but not limited to, an updated Los Angeles County BMP guidebook, Los Angeles County SUSMP guidance manual, Los Angeles County LID impact design manual, and USEPA's Green Street guidance manual. These guidebooks and manuals shall be made available for review by the public in the Public Works Department Office. C. Applicability. The following new development and redevelopment projects, termed "Planning Priority Projects," shall comply with the requirements of this chapter and the Municipal NPDES Permit: 1. All development projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet of impervious surface area; 2. Industrial parks ten thousand (10,000) square feet or more of surface area; 3. Commercial malls ten thousand (10,000) square feet or more surface area; 4. Retail gasoline outlets five thousand (5,000) square feet or more of surface area; Ordinance No. 678 Page 2 of 7 5. Restaurants (Standard Industrial Classification (SIC) 5812) five thousand (5,000) square feet or more of surface area; 6. Parking lots five thousand (5,000) square feet or more of impervious surface area, or with twenty-five (25) or more parking spaces; 7. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area; 8. Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) five thousand (5,000) square feet or more of surface area; 9. Redevelopment projects in subject categories that meet redevelopment thresholds identified in sub-section C.12 below; 10. Projects located in or directly adjacent to, or discharging directly to a Significant Ecological Area (SEA), where the development will: a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and b. Create two thousand five hundred (2,500) square feet or more of impervious surface area; 11. Single-family hillside homes; 12. Redevelopment Projects; a. Land-disturbing activity that results in the creation or addition or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site on Planning Priority Project categories. b. Where redevelopment results in an alteration to more than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated. c. Where redevelopment results in an alteration of less than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. Ordinance No. 678 Page 3 of 7 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 ten thousand (10,000) square feet of impervious surface area. 13. Any other project as deemed appropriate by the director of public works. D. The best management practices listed in the Los Angeles County BMP guidebook, the Los Angeles County Standard Urban Stormwater Mitigation Plan (SUSMP) guidance manual, the Los Angeles County Low Impact Development (LID) design manual, and USEPA's Green Street guidance manual shall be deemed to be incorporated by reference and adopted by this city. These guidebooks and manuals shall be made available for review by the public in the Public Works Department Office. E. Stormwater Pollution Control Requirements. The site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use. 1. A new single-family hillside home development shall include mitigation measures to: a. Conserve natural areas; b. Protect slopes and channels; c. Provide storm drain system stenciling and signage; d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and e. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. 2. Street and road construction of ten thousand (10,000) square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Ordinance No. 678 Page 4 of 7 Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F- 08-009) to the maximum extent practicable. 3. The remainder of Planning Priority Projects shall prepare a SUSMP plan subject to city review and approval to comply with the following: a. Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from: i. The eighty-fifth (85th) percentile twenty-four (24) hour runoff event as determined from the Los Angeles County eighty-fifth (85th) percentile precipitation isohyetal map; or ii. The volume of runoff produced from a three-quarter (0.75) inch, twenty-four (24) hour rain event, whichever is greater. b. Minimize hydromodification impacts to natural drainage systems as defined in the Municipal NPDES Permit. Hydromodification requirements are further specified in the SUSMP guidance manual and the LID impact design manual. c. When, as determined by the city, one hundred (100) percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted SUSMP plan. The technical infeasibility may result from conditions that may include, but are not limited to: i. The infiltration rate of saturated in-situ soils is less than three- tenths (0.3) inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite; ii. Locations where seasonal high groundwater is within five (5) to ten (10) feet of surface grade; iii. Locations within one hundred (100) feet of a groundwater well used for drinking water; iv. Brownfield development sites or other locations where pollutant mobilization is a documented concern; v. Locations with potential geotechnical hazards; vi. Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant Ordinance No. 678 Page 5 of 7 difficulty for compliance with the onsite volume retention requirement. d. If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate one and one-half (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 Municipal NPDES Permit. Additional alternative compliance options such as offsite infiltration may be available to the project Site. The project Site should contact the city to determine eligibility. Alternative compliance options are further specified in the SUSMP guidance manual and the LID impact design manual. e. The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of: i. Two-tenths (0.2) inches per hour; or ii. The one (1) year, one (1) hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater." SECTION 2. Except as expressly modified pursuant to this Ordinance, all other provisions of Chapter 8.28 of the Irwindale Municipal Code shall remain unmodified and in full force and effect. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 28th day of May, 2014. ATTEST: Armando Hegtlahl Acting Deputity Clerk Ordinance No. 678 Page 6 of 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Armando Hegdahl, Acting Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 678 was duly introduced at a regular meeting of the Irwindale City Council held on the 14th day of May 2014, and was duly approved and adopted on second reading at its regular meeting held on the 28 th day of May 2014 by the following vote of the Council: AYES: Councilmembers: Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Armando Hegdphl Acting Deputy akity Clerk Ordinance No. 678 Page 7 of 7