Rancho Palos Verdes City Council
   

TO:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PUBLIC WORKS

DATE: AUGUST 28, 2002

SUBJECT: NPDES REGULATIONS

RECOMMENDATION

Adopt Ordinance 379, an ordinance of the city of Rancho Palos Verdes regarding storm water and urban runoff pollution control and amending Chapter 13.10 of Title 13 of the Rancho Palos Verdes Municipal Code

BACKGROUND

Ordinance 379 was introduced at the August 6, 2002 City Council meeting.

The City of Rancho Palos Verdes is a co-permittee of a countywide water quality permit, issued by the California Regional Water Quality Control Board -- Los Angeles Region in accordance with the Federal Clean Water Act.

On December 6, 2000, the City Council adopted Ordinance No. 361 amended the City’s existing Stormwater Ordinance set forth Chapter 13.10 of the Municipal Code, to comply with the 1996 Municipal Permit. This permit required cities to revise current ordinance to require that certain private projects include a Standard Urban Storm Water Mitigation Plan (SUSMP) as part of their development plans, and, in specified cases, include post-construction Structural and Treatment Controls meeting the standards set forth in the SUSMP.

A SUSMP is a plan that, among other things, accompanies a plan of development to assure that the project design achieves the following:

  • Captures or treats the first ¾ inch of rainfall from each storm event
  • Does not increase the post-development discharge to a rate greater than the pre-development discharge rate if there is a potential for downstream erosion
  • Preserves natural areas of a project to the extent possible
  • Minimizes the introduction of pollutants
  • Minimizes slope and channel erosion
  • Provides storm drain system stenciling
  • Provides a properly designed area for the outside storage of material
  • Provides a properly designed trash enclosure

After the RWQCB adopted the new Municipal NPDES Permit, the City joined with 31 other Cities in an administrative appeal of the Board’s decision. The State Board has conducted a Public Hearing on the appeal but has not announced a decision. For this reason, it is possible that the State Board will make a ruling at any time that would modify the current regulations.

Nevertheless cities have a duty to adopt an ordinance that complies with the Municipal NPDES Permit that can be implemented by September 2, 2002. The non-urgency ordinance will become effective thirty days after the second reading, which will occur at the next City Council meeting and will be effective at the end of September.

The categories of project which currently require a SUSMP under Chapter 13.10 are:

  • Single Family hillside developments (25% slope or greater)
  • Housing development with 10 or more units
  • Restaurants
  • Auto repair facilities
  • Service Stations
  • Commercial Development in excess of 100,000 square foot of total project size
  • Parking lots with 25 or more spaces.

The ordinance, as required by the new Municipal NPDES Permit, expands these categories to include, among other things:

  • Projects in, directly adjacent to or discharging directly to "Environmentally Sensitive Areas"
  • Retail Gasoline Outlets
  • Certain specified Redevelopment projects

For projects in the City of Rancho Palos Verdes, the most far-reaching aspect of the new requirement relates to the Environmentally Sensitive Areas.

The ordinance, as required by the new Municipal NPDES Permit, also requires the development of site-specific storm water management plans on projects not otherwise requiring a SUSMP where the project has certain specified characteristics that may have an effect on the quality of runoff. Furthermore, the ordinance modifies existing definitions in Chapter 13.10 and adds new definitions to conform to the changes made in the new Municipal NPDES Permit.

The proposed ordinance includes the following improvements over the current ordinance:

  • All single-family redevelopment projects are exempt from including a SUSMP, a

redevelopment from the Regional Board’s perspective is an addition to an existing improvement. This means that simple additions to an existing home will not trigger the need for a SUSMP.

  • Far less of the City is included as an Environmentally Sensitive Areas.

CONCLUSION

Adopting the staff recommendation will incorporate the new storm water requirements into the City’s Municipal Code as required by RWQCB.

This ordinance may be subject to revision by depending on the outcome of the petitions currently before the State Water Resources Control Board. Although no hearing date has been scheduled yet, staff believes that the State Board will determine the petitions in or around September 2002. The City will also need to make other revisions of Chapter 13.10 by November 2002 and other Code sections to incorporate permit requirements. However, those other requirements may be modified by the State Board’s decision on the petitions. The ordinance was prepared based on staff’s understanding of the current version of the Municipal NPDES Permit. It is also possible that revisions to the ordinance will be required once the State Water Board announces a decision on the appeal filed by the coalition of Cities.

FISCAL IMPACT

This ordinance will have a limited direct fiscal impact on the City; the regulations typically apply to private developments (although any new City facilities within the defined project categories will also have to comply). The ordinance will have a fiscal impact on new private projects. There will be higher development costs to comply with the ordinance although a precise amount is difficult to determine at this time.

Submitted by,

Dean E. Allison
Director of Public Works

Reviewed by,
Les Evans, City Manager

Attachments:
Exhibit of Environmentally sensitive areas
Ordinance No

ORDINANCE NO. 379

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REGARDING STORM WATER AND URBAN RUNOFF POLLUTION
CONTROL AND AMENDING CHAPTER 13.10 OF TITLE 13 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE

WHEREAS, the City of Rancho Palos Verdes ("City") is a permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES Permit No. CAS00401), dated December 13, 2001, issued by the California Regional Water Quality Control Board -- Los Angeles Region (the "Municipal MPDES Permit"), which serves as a National Pollutant Discharge Elimination System ("NPDES") permit under the Federal Clean Water Act; and

WHEREAS, in 1996, the City Council of the City of Rancho Palos Verdes adopted Ordinance No. 318 regulating waste discharge for municipal storm water and urban runoff; and

WHEREAS, on December 6, 2000, the City Council of the City of Rancho Palos Verdes adopted Ordinance No. 361, entitled "An Ordinance Of The City Of Rancho Palos Verdes 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 Rancho Palos Verdes Municipal Code" (the SUSMP Ordinance"); and

WHEREAS, the Municipal NPDES Permit requires the City, as a permittee, to make specified amendments to its SUSMP Ordinance by August 1, 2002, to take effect by September 2, 2002;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

This ordinance will work to preserve and improve water quality and aquatic life. In enacting this ordinance, the City is acting as a regulatory agency to assure the maintenance, restoration, enhancement, and protection of natural resources and the environment in response to the order of the Regional Water Quality Control Board-Los Angeles Region. Specifically, the ordinance will impose additional restrictions on storm water runoff from construction sites, require Standard Urban Storm Water Mitigation Plans and Site Specific Mitigation Plans for additional projects, and authorize inspections to verify compliance with the discharge limitations. Consequently, the enactment of this ordinance is categorically exempt from CEQA under CEQA Guidelines §§ 15307 and 15308.

Section 2. The first paragraph of Section 13.10.030 of Chapter 13.10 of Title 13 of the Rancho Palos Verdes 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 hereunder. If the definition of any term contained in the current Municipal NPDES Permit conflicts with the definition contained in the current version of the SUSMP, then the definition contained in the Municipal NPDES Permit shall govern. The following words and phrases shall have the following meanings when used in this Chapter:"

Section 3. Section 13.10.030 of Chapter 13.10 of Title 13 of the Municipal Code is further amended by amending paragraphs C, D, F, K, P, V, X, and Z to substitute the following definitions for and in place of the existing definitions, as follows:

"C. "Automotive Service Facilities" 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).

D. "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, citing 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.

F. "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, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

K. "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 or greater and where grading contemplates cut or fill slopes.

P. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182, NPDES Permit No. CAS00401), dated December 13, 2001, issued by the California Regional Water Quality Control Board -- Los Angeles Region, and any successor permit to that permit.

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

X. "Redevelopment" means land-disturbing activity that results in the creation, addition or replacement of at least five thousand (5,000) square feet of impervious surface area on an already developed site. 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; (2) the addition or replacement of a structure; (3) the replacement of an impervious surface that is not part of a routine maintenance activity; and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or an emergency redevelopment activity that is required to protect public health and safety.

Z. "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. (Standard Industrial Classification ["SIC"] Code 5812).

Section 4. Section 13.10.030 of Chapter 13.10 of Title 3 of the Rancho Palos Verdes Municipal Code is further amended to add the following new definitions in appropriate alphabetical sequence:

"Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work.

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

"Development" means any 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 a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of an environmentally sensitive area.

"Discharge," when used without further qualification of the term, means the "discharge of a pollutant."

"Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.

"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 that is being used as a means of transportation. The term "discharge of a pollutant" includes additions of pollutants into waters of the United States from surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

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

"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 the City as environmentally sensitive as reflected on the map which is on file in the City’s Department of Planning, Building and Code Enforcement.

"Planning Priority Projects," mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including:

1. Ten (10) or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments);

2. One Hundred-Thousand (100,000) or more square feet of impervious surface area industrial/ commercial development;

3. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539);

4. Retail gasoline outlets;

5. Restaurants (SIC 5812);

6. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25 or more parking spaces;

7. Redevelopment projects in subject categories that meet Redevelopment thresholds;

8. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and

9. Those projects that require the implementation of a site-specific plan to mitigate post-development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post-development storm water quality, where the following project characteristics exist:

a. Vehicle or equipment fueling areas;

b. Vehicle or equipment maintenance areas, including washing and repair;

c. Commercial or industrial waste handling or storage;

d. Outdoor handling or storage of hazardous materials;

e. Outdoor manufacturing areas;

f. Outdoor food handling or processing;

g. Outdoor animal care, confinement, or slaughter; or

h. Outdoor horticulture activities."

"Project" means all development, redevelopment, and land disturbing activities.

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

"Significant Redevelopment" means land-disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site."

"Site" means the 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.

Section 5. Section 13.10.065 of Chapter 13.10 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraphs A, B and C thereof to read, as follows:

"A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in Title 17 of the Rancho Palos Verdes Municipal Code, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit:

1. Ten or more unit homes (includes developments of single family homes, condominiums and apartments);

2. One Hundred Thousand (100,00) or more square feet of impervious surface area of industrial/commercial development;

3. Automotive Service facilities (SIC 5013, 5014, 5542, 7532-7534 and 7536-7539);

4. Retail gasoline outlets;

5. Restaurants (SIC 5812);

6. Parking lots Five Thousand (5,000) square feet or more of surface area or with twenty-five (25) or more parking spaces;

7. Redevelopment projects in subject categories that meet Redevelopment thresholds;

8. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined in this Chapter), where the Development will:

a. Discharge storm water and urban 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.

B. Incorporation of SUSMP into Project Plans.

1. 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 ("SWMP"), 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 (including, as applicable, post-construction Treatment Control BMP’s) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit.

2. 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.

3. 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 on site;

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.

4. The following categories of Planning Priority Projects (as defined in this Chapter) shall be designed to implement post-construction Treatment Controls, which meet the standards set forth in the SUSMP and the current Municipal NPDES Permit, to mitigate storm water pollution:

a. New single-family hillside residential Developments of one (1) acre or more of surface area;

b. Housing Developments (including single-family homes, multifamily homes, condominiums, and apartments) of ten (10) units or more;

c. 100,000 square feet or more impervious surface area of industrial/ commercial development;

d. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and 7536-7539) [5,000 square feet or more of surface area];

e. Retail gasoline outlets (5,000 square feet or more of impervious surface area and with projected Average Daily Traffic (ADT) of 100 or more vehicles). [Subsurface Treatment Control BMP’s which may endanger public safety (i.e., create an explosive environment) are considered not appropriate];

f. Restaurants (SIC 5812) [5,000 square feet or more of surface area];

g. Parking lots with 5,000 square feet or more of surface area or with 25 or more parking spaces;

h. Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified herein; and

i. Redevelopment projects in subject categories that meet Redevelopment thresholds as defined herein.

5. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post-development storm water quality, shall be designed to include post-construction Treatment Controls to mitigate storm water pollution and the implementation of a site-specific plan to mitigate post-development storm water for New Development and Redevelopment Projects where one or more of the following Project characteristics exist:

a. Vehicle or equipment fueling areas;

b. Vehicle or equipment maintenance areas, including washing and repair;

c. Commercial or industrial waste handling or storage;

d. Outdoor handling or storage of hazardous materials;

e. Outdoor manufacturing areas;

f. Outdoor food handling or processing;

g. Outdoor animal care, confinement, or slaughter; or

h. Outdoor horticulture activities.

6. A SUSMP, or site-specific requirements, including post-construction storm water mitigation, shall be required for all Planning Priority Projects (as defined in this Chapter) that undergo Significant Redevelopment (as defined in this Chapter) in their respective categories.

7. Existing single family structures are exempt from the Redevelopment requirements set forth in this Chapter."

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 Redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development."

Section 6. Severability. 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.

Section 7. Notice of Exemption. The City Clerk is directed to file a Notice of Exemption with the Clerk of the Los Angeles County Board of Supervisors, providing a brief description of the ordinance, and stating that the Council has found that this ordinance is exempt from CEQA under CEQA Guidelines §§ 15307, and 15308, for the reasons set forth in Section 1 above.

PASSED, APPROVED and ADOPTED this day of _________, 2002.

__________________________

MAYOR

ATTEST:

______________________
CITY CLERK