The City Council adopted for first reading a similar ordinance
in July, 2000. After it was adopted, the State Water Resources
Control Board adopted a different implementation schedule setting
the effective date of February 15, 2001, for all ordinances to be
in effect.
The attached ordinance contains some changes from the one that
you saw in July, in order to meet the revised rules approved by
the State Board.
This Ordinance will regulate the reduction of storm water
pollution in four fundamental ways:
1. Requiring all construction sites within the City to adhere
to established Best Management Practices (BMP's) for the
reduction of potential pollutants.
2. Requiring the development of pollution prevention plans for
construction sites.
3. Requiring new developments to incorporate structural BMP's
into their designs to reduce stormwater runoff and pollutant
migration.
4. Establishing an on-going inspection and maintenance program
for developments that install treatment control BMP's with the
exception of the construction BMP's that will commonly apply to
all exterior construction, these new regulations will apply to
any of the following types of development:
- Subdivisions consisting of ten or more single-family
homes.
- Residential developments involving the grading of any
natural slope that is twenty-five percent or greater.
- Commercial or industrial developments that create at least
100,000 square feet of impermeable area, including parking
areas.
- Parking lots of 5,000 square feet or more, or twenty-five
or more parking spaces potentially exposed to rainfall.
- Various specified industrial and commercial uses, such as
auto repair facilities and restaurants,
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HERMOSA BEACH
AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING
AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE
The City Council of the City of Hermosa Beach
does hereby ordain as follows:
Section 1
.
Section 8.44.020 of Chapter 8.44 of the Hermosa Beach Municipal
Code is hereby amended by adding thereto a new subparagraph (D)
to read as follows:
"D. This Chapter also sets forth requirements
for the construction and operation of certain "Commercial
Development," "New Development" and "Redevelopment" and other
projects (as further defined herein) which are intended to ensure
compliance with the storm water mitigation measures prescribed in
the current version of the Standard Urban Storm Water Mitigation
Plan (SUSMP) approved by the Regional Water Quality Control
Board-Los Angeles Region, and on file in the office of the City
Clerk of this City. This Chapter authorizes the Authorized
Enforcement Officer to define and adopt applicable Best
Management Practices and other storm water pollution control
measures, to grant waivers from SUSMP requirements, as provided
herein, to cite infractions and to impose fines pursuant to this
Chapter. Except as otherwise provided herein, the Authorized
Enforcement Officer shall administer, implement and enforce the
provisions of this section."
Section 2
. The first (preamble) paragraph of Section 8.44.030 of Chapter
8.44 of the Hermosa Beach Municipal Code is hereby amended to
read as follows:
"Except as specifically provided herein, any
term used in this Chapter shall be defined as that term is
defined in the current Municipal NPDES Permit, or in the current
version of the Standard Urban Storm Water Mitigation Plan
("SUSMP") approved by the Regional Water Quality Control
Board-Los Angeles Region, or if it is not specifically defined in
either the Municipal NPDES Permit or the SUSMP, then as such term
is defined in the Federal Clean Water Act, as amended, and/or the
regulations promulgated thereunder. If the definition of any term
contained in this ordinance conflicts with the definition of the
same term in the current version of the SUSMP, then the
definition contained in the SUSMP shall govern. The following
words and phrases shall have the following meanings when used in
this Chapter:"
Section 3. Paragraph 1 of Section 8.44.030 of
Chapter 8.44 of the Hermosa Beach Municipal Code defining the
term "Best management practices" is hereby amended to read as
follows:
"Best Management Practices (BMP's)" means
activities, practices, facilities, and/or procedures that when
implemented to their maximum efficiency will prevent or reduce
pollutants in discharges and any program, technology, process,
siting criteria, operational methods or measures, or engineered
systems, which when implemented prevent, control, remove, or
reduce pollution. Examples of BMP's may include public education
and outreach, proper planning of development projects, proper
cleaning of catch basin inlets, and proper sludge- or
waste-handling and disposal, among others."
Section 4
.
Section 8.44.030 of Chapter 8.44 of the Hermosa Beach Municipal
Code is hereby amended to add the following new definitions in
appropriate alphabetical sequence:
"Automotive Repair Shop"
means a facility that is categorized in any one of the following
Standard Industrial Classification (SIC) codes: 5013, 5014, 5541,
7532-7534, or 7536-7539 (as amended).
"Commercial Development"
means any development on private land that is not heavy
industrial or residential. The category includes, but is not
limited to: hospitals, laboratories and other medical facilities,
educational institutions, recreational facilities, plant
nurseries, multi-apartment buildings, car wash facilities,
mini-malls and other business complexes, shopping malls, hotels,
office buildings, public warehouses and other light industrial
complexes.
"Discretionary Project"
is defined in the same manner as Section 15357 of the Guidelines
For Implementation Of The California Environmental Quality Act
contained in Title 14 of the California Code Of Regulations, as
amended, and means a project which requires the exercise of
judgment or deliberation when the City decides to approve or
disapprove a particular activity, as distinguished from
situations where the City merely has to determine whether there
has been conformity with applicable statutes, ordinances, or
regulations.
"Greater than (>) 9 unit home subdivision"
means any subdivision being developed for 10 or more
single-family or multi-family dwelling units.
"Hillside"
means property located in an area with known erosive soil
conditions, where the development contemplates grading on any
natural slope that is twenty-five percent (25%) or greater.
"Infiltration"
means the downward entry of water into the surface of the
soil.
"New Development"
means land disturbing activities; structural development,
including construction or installation of a building or
structure, creation of impervious surfaces; and land
subdivision.
"One Hundred Thousand (100,000) Square Foot Commercial
Development"
means any Commercial Development that creates at least one
hundred thousand (100,000) square feet of impermeable area,
including parking areas.
"Parking Lot"
means land area or a facility for the temporary parking or
storage of motor vehicles used personally, for business or for
commerce with a lot size of five thousand (5,000) square feet or
more, or with twenty-five (25) or more parking spaces.
"Redevelopment"
means, on an already developed site, the creation or addition of
at least five thousand (5,000) square feet of impervious
surfaces, as such term is defined in the current version of the
SUSMP approved by the Regional Board. Redevelopment includes, but
is not limited to the following activities that meet the minimum
standards set forth in this definition: (1) the expansion of a
building footprint or addition or replacement of a structure; (2)
structural development, including an increase in gross floor area
and/or exterior construction or remodeling; (3) replacement of
impervious surface that is not part of a routine maintenance
activity and (4) land disturbing activities related to structural
or impervious surfaces.
"Restaurant"
means a stand-alone facility that sells prepared foods and
drinks for consumption, including stationary lunch counters and
refreshment stands selling prepared foods and drinks for
immediate consumption. (SIC code 5812).
"Retail Gasoline Outlet"
means any facility engaged in selling gasoline and lubricating
oils.
"Source Control BMP"
means any schedule of activities, prohibition of practices,
maintenance procedures, managerial practices or operational
practices that aim to prevent storm water pollution by reducing
the potential for contamination at the source of pollution.
"Standard Urban Storm Water Mitigation Plan"
or
"SUSMP"
means the current version of the Standard Urban Storm Water
Mitigation Plan approved by the Regional Board, and on file in
the office of the City Clerk of this City, and the NPDES Permit
models that have been approved by the Executive Officer of the
Regional Board for implementation to control storm water
pollution from New Development and Redevelopment or any project
specifically identified in Section 8.44.095.
"Structural BMP"
means any structural facility designed and constructed to
mitigate the adverse impacts of storm water and urban runoff
pollution (e.g. canopy, structural enclosure). Structural
BMP’s may include both Treatment Control BMP’s and
Source Control BMP’s.
"Treatment"
means the application of engineered systems that use physical,
chemical, or biological processes to remove pollutants. Such
processes include, but are not limited to, filtration, gravity
settling, media adsorption, biodegradation, biological uptake,
chemical oxidation and UV radiation.
"Treatment Control BMP"
means any engineered system designed to remove pollutants by
simple gravity settling of particulate pollutants, filtration,
biological uptake, media absorption or any other physical,
biological, or chemical process. "
Section 5
.
Chapter 8.44 of the Hermosa Beach Municipal Code is amended by
adding thereto a new Section 8.44.095 to read as follows:
"8.44.095
Standard Urban Storm Water Mitigation Plan ("SUSMP")
Requirements for New Development and Redevelopment Projects .
a.
Projects Requiring a SUSMP
. The following projects for New Development and Redevelopment,
if subject to Discretionary Project approval in the Zoning
Ordinance of the City, shall require a Storm Water Mitigation
Plan which complies with the most recent SUSMP:
1. Single-Family Hillside Residences;
2. Commercial developments in excess of One
Hundred Thousand (100,000) Square Feet;
3. Automotive Repair Shops;
4. Restaurants;
5. Retail Gasoline Outlets;
6. Greater than (>) 9 unit home
subdivision; and
7. Parking lots of five thousand (5,000)
square feet or more or with twenty-five (25) or more parking
spaces and potentially exposed to storm water runoff.
Incorporation of SUSMP into Project Plans.
An applicant for a New Development or a Redevelopment Project
identified in paragraph a of this Section shall incorporate into
the applicant’s project plans a Storm Water Mitigation Plan
which includes those Best Management Practices necessary to
control storm water pollution from construction activities and
facility operations, as set forth in the SUSMP applicable to the
applicant’s project. Structural or Treatment Control
BMP’s set forth in project plans shall meet the design
standards set forth in the SUSMP; provided, however, Restaurants
with a developed land area of less than 5,000 square feet and
Retail Gasoline Outlets do not have to meet the Structural or
Treatment Control BMP design standards set forth in the SUSMP. If
a project applicant has included or is required to include
Structural or Treatment Control BMP’s in project plans, the
applicant shall provide verification of maintenance provisions.
The verification shall include the applicant’s signed
statement, as part of its project application, accepting
responsibility for all structural and treatment control BMP
maintenance until such time, if any, the property is
transferred
c.
Issuance of Discretionary Permits
. No Discretionary permit may be issued for any New Development
or Redevelopment Project identified in paragraph a. of this
Section until the Authorized Enforcement Officer confirms that
either (1) the project plans comply with the applicable SUSMP
requirements, or (2) compliance with the applicable SUSMP
requirements is impracticable for one or more of the reasons set
forth in paragraph e regarding issuance of waivers. Where a
Redevelopment project results in an increase of less than fifty
(50%) percent of the impervious surfaces of a previously existing
development, and the existing development did not require a SUSMP
at the time the last Discretionary approval was granted by the
City, the Design Standards set forth in the SUSMP will apply only
to the addition, and not to the entire development.
d.
Issuance of Certificates of Occupancy
. As a condition for issuing a Certificate of Occupancy for New
Development or Redevelopment Project identified in paragraph a.
of this Section, the Authorized Enforcement Officer shall require
facility operators and/or owners to build all the storm water
pollution control Best Management Practices and Structural or
Treatment Control BMP’s that are shown on the approved
project plans and to submit a signed Certification Statement
stating that the site and all Structural or Treatment Control
BMP’s will be maintained in compliance with the SUSMP and
other applicable regulatory requirements.
e.
Granting of Waiver
. The Authorized Enforcement Officer shall have the authority to
grant a waiver to a Development or Redevelopment Project from the
requirements of the SUSMP, if impracticability for a specific
property can be established by the project applicant. A waiver of
impracticability may be granted only when all Structural or
Treatment Control BMP’s have been considered and rejected
as infeasible. Recognized situations of impracticability are
limited to the following, unless approved by the Regional
Board:
1. Extreme limitations of space for
treatment on a Redevelopment project;
2. Unfavorable or unstable soil conditions
at a site to attempt infiltration; and
3. Risk of ground water contamination
because a known unconfined aquifer lies beneath the land
surface or an existing or potential underground source of
drinking water is less than ten (10) feet from the soil
surface.
f.
Transfer of Properties Subject to Requirement for Maintenance
of Structural and Treatment Control BMP’s
.
1. The transfer or lease of a property
subject to a requirement for maintenance of Structural and
Treatment Control BMP’s shall include conditions
requiring the transferee and its successors and assigns to
either (a) assume responsibility for maintenance of any
existing Structural or Treatment Control BMP or (b) to replace
an existing Structural or Treatment Control BMP with new
control measures or BMP’s meeting the then current
standards of the City and the SUSMP. 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 Structural or Treatment Control BMP’s
at least once a year and retain proof of inspection.
2. For residential properties where the
Structural or Treatment Control BMP’s are located within
a common area which will be maintained by a homeowner's
association, language regarding the responsibility for
maintenance shall be included in the project’s
conditions, covenants and restrictions (CC&R’s).
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 storm water
management facilities 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 Structural or Treatment Control
BMP’s 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.
g.
CEQA.
Provisions of this section shall be complimentary to, and shall
not replace, any applicable requirements for storm water
mitigation required under the California Environmental Quality
Act."
Section 6
. Section 8.44.150A1 of Chapter 8.44 of the Hermosa Beach
Municipal Code is amended to read as follows and all existing
subparagraphs of Section 8.44.150A shall be renumbered
accordingly.
1. Any condition caused or permitted to exist
in violation of
a. Any of the provisions of this Chapter;
or
b. Any failure to comply with any applicable
requirement of either the SUSMP or an approved Storm Water
Mitigation Plan with respect to a property; or
c. Any false certification or verification,
or any failure to comply with a certification or verification
provided by a project applicant or the applicant’s
successor in interest; or
d. Any failure to properly operate and
maintain any Structural or Treatment Control BMP on a property
in accordance with an approved Storm Water Mitigation Plan or
the SUSMP,
is hereby determined to be a threat to the
public health, safety and welfare, is declared and deemed a
public nuisance, and may be abated or restored by any Authorized
Enforcement Officer, and a civil or criminal action to abate,
enjoin or otherwise compel the cessation of such nuisance may be
brought by the City Attorney."
Section 7
.
If any section, subsection, sentence, clause, portion, or phrase
of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, portions, or
phrases of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance and each and every section,
subsection, sentence, clause, portion, or phrase without regard
to whether any other section, subsection, sentence, clause,
portion, or phrase of the Ordinance would be subsequently
declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED this ____ day of
________________, 2000.
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