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
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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
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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
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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
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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
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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
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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
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