ORDINANCE 1347ORDINANCE NO. 1347
AN URGENCY ORDINANCE IMPLEMENTING THE STANDARD
URBAN STORM WATER MITIGATION PLAN OF THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD FOR THE LOS ANGELES REGION BY AMENDING
CHAPTER 7 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL
CODE IN ITS ENTIRETY.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 -1387;
"Clean Water Act" or "CWA "), as implemented by the United States
Environmental Protection Agency ( "EPA "), requires that the city adopt plans and
programs for stormwater quality management;
B. The 1972 amendments to the CWA prohibit the discharge of any Pollutant to
waters of the United States from a point source unless the discharge is authorized by
a permit issued pursuant to the National Pollutant Discharge Elimination System
( "NPDES ") required by 33 U.S.C. § 1342;
C. Municipal separate storm sewer systems ( "MS4s ") which convey urban
runoff, including, without limitation, Storm Water runoff, are within the definition of
point sources under the CWA;
D. Pursuant to the CWA, the EPA defined the tern "Municipal separate storm
sewer system" to mean a conveyance, or system of conveyances, including roads
with drainage systems, municipal streets, curbs, gutters, catch basins, and storm
drains owned or operated by a city, used for collecting Storm Water;
E. CWA § 402(p) requires that the City obtain a permit for Storm Water and
urban discharges through the City's MS4;
F. Section 402(p) of the CWA further provides that NPDES permits will
require controls to reduce the discharge of'Pollutants to the maximum extent
practicable, including management practices and such other provisions as may be
appropriate for the control of Pollutants;
G. The EPA, in partial implementation of CWA § 402(p) adopted final rules,
known as the "Phase I and Phase II Storm Water Regulations" at several places in
Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations
( "CFR" );
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H. In partial implementation of § 402(p) of the CWA, 33 U.S.C. § 1344(p),
the Phase I Storm Water Regulations and the California Water Code, the
California Regional Regional Water Quality Control Board — Los Angeles
( "RWQCB -LA ") issued a National Pollutant Discharge Elimination System
( "NPDES ") Permit and Waste Discharge Requirements for Municipal Storm
Water and Urban Runoff Discharges within the County of Los Angeles, Regional
Board Order No. 96 -054, NPDES No. CAS614001 (the "1996 Permit "), on July
15, 1996 to each City in Los Angeles County, including the City;
I. Under the 1996 Permit, and in partial implementation of CWA § 402(p),
33 U.S.C. § 1344(p); the Phase I and Phase II Storm Water Regulations; and the
California Water Code, the RWQCB -LA Board adopted Resolution No. R- 00 -02,
approving and directing the Executive Officer of the RWQCB -LA to issue a
Standard Urban Storm Water Mitigation Plan for Municipal Storm Water And
Urban Runoff Management Programs in Los Angeles County setting forth the
requirements to be implemented by all jurisdictions discharging storm water
under the 1996 Permit,
J. On March 8, 2000, the Executive Officer of the RWQCB -LA issued a
Final Approved Standard Urban Storm Water Mitigation Plan For Los Angeles
County And Cities In Los Angeles County (the "SUSMP ") setting forth the
requirements to be implemented by all jurisdictions discharging storm water
under the 1996 Permit,
K. The State Water Resources Control Board, in Order WQ 2000 -11,
modified the SUSMP by revising the definition of "Redevelopment," excluding
Retail Gasoline Outlets from certain design standards, deleting the applicability of
the SUSMP to `Environmentally Sensitive Areas," limiting the applicability of
the SUSMPs to discretionary development and redevelopment in specified
categories, applying the SUSMPs to Redevelopment projects only if they result in
creation or addition of 5,000 square feet or more of impervious surfaces, deleting
the requirement for funding by project proponents who receive waivers, and
extended the SUSMP effective date deadline to February 15, 2001;
L. In partial implementation of CWA § 402(p), the Phase I and Phase H
Storm Water Regulations and the California Water Code, RWQCB -LA issued
"Order No. 01 -182 NPDES Permit No Cas004001 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" (the "2001 Permit ") on December 13, 2001, to cities in Los Angeles
County, including the City;
M. The 2001 Permit revised the SUSMPS to again revise the definition of
"Redevelopment," to restore the applicability of the SUSMPS to Retail Gasoline
Outlets, to restore the applicability of the SUSMP to "Environmentally Sensitive
Areas," to delete the limitation of the applicability of the SUSMPs to
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discretionary development and redevelopment and apply the SUSMPS to all
project approvals in specified categories, and extended the deadline for the
effective date of ordinances implementing the SUSMP to September 2, 2002;
N. The City of El Segundo is a permittee under the 2001 Permit and therefore
is required by federal and state law to implement all requirements of the 2001
Permit, including the SUSMP, as amended by the 2001 Permit;
O. Under the California Constitution and the California Government Code,
the City of El Segundo has authority to define public nuisances and to protect the
public health and safety of the residents of and visitors to the City of El Segundo,
and the environment, by abating public nuisances;
P. The City of El Segundo has authority under the California Water Code to
adopt and enforce ordinances imposing conditions, restrictions, and limitations
with respect to any activity which might degrade the quality of waters of the state;
Q. The City Council is obligated to take prudent steps to protect the City's
property and its funds and taxpayers from exposure to liability, including the
potentially enormous costs of litigation regarding natural resources allegedly
damaged by pollutants allegedly transported through the City's storm drain
system;
R. The implementation of Pollutant control measures described in the
Stormwater Quality Management Plan in furtherance of these purposes is exempt
from the provisions of the California Environmental Quality Act (CEQA);
Chapter 3 (commencing with Section 21100) of Division 13 of the Public
Resources Code as provided in categorical exemption classes 1, 4, 5, 7, 8, 9, and
21 of the CEQA Guidelines (Title 14, California Code of Regulation §§ 15301-
15329); and
S. The City Council has carefully considered the Ordinance and finds that it
complies with the requirements of applicable federal and state law, and further
that it provides an acceptable program for the conservation of water resources
within the City of El Segundo and protection of the health, safety, and general
welfare of its citizens.
SECTION 2: Chapter 7 to Title 5 of the El Segundo Municipal Code ( "ESMC ") is
amended in its entirety to read as follows:
"CHAPTER 7
STANDARD URBAN STORM WATER MITIGATION PLAN
IMPLEMENTATION
5- 7- 10:PURPOSE AND INTENT.
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5- 7- 20:LIMITS OF CHAPTER.
5- 7- 30:SCOPE OF CHAPTER.
5- 7- 40:DEFINITIONS.
5- 7- 50:RATE OF DISCHARGE.
5-7-60: SUBDIVISION DESIGN.
5 -7 -70 :BEST MANAGEMENT PRACTICES (BMP).
5 -7 -80: CONTROL OF EROSION OF SLOPES AND CHANNELS.
5 -7 -90: SIGNAGE AT STORM DRAINS.
5 -7 -100: OUTDOOR STORAGE OF MATERIALS.
5 -7 -110: OUTDOOR TRASH STORAGE AREAS.
5 -7 -120: MAINTENANCE OF BEST MANAGEMENT
PRACTICES.
5 -7 -130: DESIGN STANDARDS FOR BEST MANAGEMENT
PRACTICES.
5 -7 -140: LOADING DOCKS.
5 -7 -150: REPAIR AND MAINTENANCE BAYS.
5 -7 -160: WASH AREAS.
5 -7 -170: RESTAURANTS.
5 -7 -180: RETAIL GASOLINE OUTLETS.
5 -7 -190: PARKING LOTS.
5 -7 -200: SITE- SPECIFIC MITIGATION REQUIREMENTS
FOR NEW DEVELOPMENT AND
REDEVELOPMENT WITH POTENTIAL ADVERSE
IMPACTS ON POST - DEVELOPMENT STORM
WATER QUALITY.
5 -7 -210: ENFORCEMENT.
5 -7 -220: INSPECTIONS.
5 -7 -230: FEES.
5 -7 -240: REQUEST FOR WAIVER.
5 -7 -250: WAIVER BY CITY COUNCIL.
5 -7 -10: PURPOSE AND INTENT. This chapter is adopted pursuant to
the city's police powers for the purpose of protecting and enhancing the water
quality of the City's watercourses, water bodies, and wetlands in a manner
consistent with the Clean Water Act and the NPDES Permit, including, without
limitation, any of its amendments or modifications. In addition, this chapter is
intended to ensure the future health, safety, and general welfare of the citizens of
the City of El Segundo by:
A. Controlling non - storm water discharges to the storm drain
system.
B. Eliminating discharges to the storm water drain system from
spills, dumping, or disposal of materials other than storm water.
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C. Reducing pollutants in storm water discharges, including those
pollutants taken up by storm water as it flows over urban areas, to the
maximum extent practicable.
D. Reducing pollutants in storm water discharges in order to
achieve applicable water quality objectives for surface waters in Los
Angeles County.
5 -7 -20: LIMITS OF CHAPTER. Nothing in this Chapter will be interpreted to:
A. Infringe any right or power guaranteed by the United States or
California Constitutions, including any vested property right;
B. Require any action inconsistent with the General Plan, any
applicable Specific Plan, vesting tentative map, or other provision of this
Code;
C. Restrict otherwise lawful land use except as authorized by the laws
of California, subject to the limitations of this Chapter.
5 -7 -30: SCOPE OF CHAPTER.
A. This Chapter will take effect on September 2, 2002, and will apply
to ministerial and discretionary approvals of the following New
Development or Redevelopment projects:
1. Single - family residences on graded Hillside sites;
2. One hundred thousand (100,000) square foot
Industrial/Commercial Developments;
3. Automotive Service Facilities (SIC codes 5013, 5014,
5541, 7532 -7534, 7536- 7539);
4. Retail Gasoline Outlets;
5. Restaurants (SIC code 5812);
6. Home subdivisions of ten (10) or more dwelling units;
7. Parking Lots 5,000 square feet or more or with twenty -five
(25) or more parking spaces and potentially exposed to storm water
runoff.
8. All projects in, Directly Adjacent to or discharging storm
water directly to an Environmentally Sensitive Area if the
development would create 2,500 or more square feet of impervious
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area and would discharge storm water or urban runoff likely to
impact a sensitive biological species or habitat.
B. Each of the foregoing projects will meet the requirements of this
Chapter, the Standard Urban Storm Water Mitigation Plan and the
provisions of any applicable municipal storm water permit issued by the
Regional Water Quality Control Board for the Los Angeles Region.
5 -7 -40: DEFINITIONS. Unless the contrary is stated or clearly appears from the
context, the following definitions will govern the construction of the words and
phrases used in this chapter. Words and phrases not defined by this chapter will
have the meanings stated the NPDES Permit and if not described therein, the
Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.); the Standard
Urban Storm Water Mitigation Plan For Los Angeles County and Cities In Los
Angeles County approved by the Executive Officer of the California Regional Water
Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified
by the State Water Resources Control Board in Order WQ 2000 -11; regulations
implementing the National Pollutant Discharge Elimination System, Clean Water
Act § 402; California Water Code § 13050; and any successor statutes or
regulations.
A. "100,000 square foot Industrial/Commercial Facility" means "any
Development or Redevelopment of an Industrial/Commercial Facility that
creates at least 100,000 square feet of iiiipenneabie area, including,
without limitation parking areas.
B. "Automotive Service Facility" means a facility that is in any one of
the following SIC codes: 5013, 5014, 5541, 7532 -7534 or 7536 -7539.
C. "Best Management Practice" (`BMP ") means "any schedule of
activities, prohibition of practices, maintenance procedure, program,
technology, process, siting criteria, operational methods of measures, or
other management practices or engineered systems, which when
implemented prevent, control, remove, or reduce pollution. BMPs include
structural and nonstructural controls and operation and maintenance
procedures which can be applied before, during and after pollution -
producing activities.
D. "Commercial Development" means any development on private
land that is not residential or a site of an industrial activity as defined in 40
C.F.R. § 122.26(b)(14). "Commercial Development" includes, without
limitation, 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 not within the scope of 40 C.F.R. § 122.26(b)(14).
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E. "Construction" means constructing, clearing, grading, or
excavation that results in soil disturbance. Construction also includes
structure demolition. It does not include routine maintenance to maintain
original line and grade, hydraulic capacity, or original purpose of a
facility; emergency construction activities required immediately to 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.
F. "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 (see Public
Resources Code § 30106). 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
protect immediately public health and safety.
G. "Directly Adjacent to an Environmentally Sensitive Area means
any parcel or part of any parcel within 200 feet of the contiguous zone
required for continued maintenance, function, or structural stability of an
Environmentally Sensitive Area.
H. "Disturbed Area" means an area that is altered as a result of
clearing, grading, and/or excavation.
L "Environmentally Sensitive Area" 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 ail ecosystem and which would be
disturbed or degraded by human activities and developments (see Public
Resources Code § 30107.5). Areas subject to storm water mitigation
requirements are: any area 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); any area designated as a Significant Natural Area by the
California Department of Fish and Game's Significant Natural Areas
Program, provided that the area has been field verified by the Department
of Fish and Game; any area listed in a Basin Plan as supporting the "Rare,
Threatened, or Endangered Species (RARE)" beneficial use; and any area
identified by the City as environmentally sensitive.
J. "Hazardous Materials" means any materials, wastes or mixture of
wastes defined as a "Hazardous Substance" or "Hazardous Waste"
pursuant to the Resource Conservation and Recovery Act ( "RCRA" ), 42
U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response,
Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § § 9601 et seq.,
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or the Carpenter- Presley - Tanner Hazardous Substance Account Act,
( "HSAA "), California Health and Safety Code §§ 25300, et seq., and all
future amendments to any of them, or as defined by the California
Integrated Waste Management Board. Where there is a conflict in the
definitions employed by two or more agencies having jurisdiction over
hazardous or solid waste, the term "Hazardous Waste" will be construed to
have the broader, more encompassing definition.
K. "Hillside" means a parcel in an area with known erosive soil
conditions, where the development will require grading on any natural
slope which is twenty -five per cent (25 %) or greater and where grading
will result in cut or filled slopes.
L. "Industrial /Commercial Facility" means any facility which is the
site of the production, manufacture, storage, transportation, distribution,
exchange or sale of goods or commodities, and any facility involved or
used in providing professional and non - professional services. This
category of facilities includes, without limitation, any facility defined by
the SIC. Facility ownership (federal, state, municipal, private) and profit
motive of the owner or operator of the facility are not factors in this
definition.
M. "New Development" means the subdivision of land, or the
construction of structures, or other impervious surfaces, or both.
N. " NPDES Permit" means the municipal discharge permit(s) issued
pursuant to Order No. 01 -182 NPDES Permit No. CAS004001 entitled
"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," or other
applicable NPDES permits.
O. "Parking Lot" means an area or facility for the temporary parking
or storage of motor vehicles used personally or for business or commerce,
which contains 5,000 square feet, or more, or twenty -five (25) or more
parking spaces, and which is exposed to storm water.
P. "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, without limitation: the expansion of a building footprint; addition
or replacement of a structure; replacement of impervious surface area that
is not part of a routine maintenance activity; and land disturbing activities
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.
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Q. "Restaurant" means a facility where prepared food and beverages
are sold for consumption, including stationary lunch counters and
refreshment stands selling prepared food and beverages for immediate
consumption (see SIC Code 5812). Restaurant does not include co-
located stalls or food counters in general purpose establishments such as
markets and grocery stores.
R. "Retail Gasoline Outlet" means any facility with 5,000 or more
square feet of impervious surface and projected Average Daily Traffic of
100 or more vehicles, where gasoline and lubricating oils are sold.
S. "SIC" means Standard Industrial Classification.
T. "Significant Ecological Area" or "SEA" 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 or the City's
General Plan. Areas are designated as SEAs, if they possess one or more
of the following criteria:
1. The habitat of a rare, endangered or threatened plant or
animal species;
1 Biotic communitiP3, vegetative associations, and habitats of
plan 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 unique 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 which 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 in unusual variation in a population or community;
6. An area important as game species habitat or as fisheries;
7. An area that provides for the preservation of relatively
undisturbed examples of natural biotic communities in Los
Angeles County;
8. Special areas; or
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9. A Significant Natural Area.
U. "Significant Natural Area" or "SNA" means an area defined by the
California Department of Fish and Game (DFG), Significant Natural
Areas Program, as an area that contains an important example of
California biological diversity. (The most current SNA maps, reports, and
descriptions can be downloaded from the DFG website at
ft://mgphost.dfg.ca.gov/outgoingLwhdab/sna/). These areas are identified
using the following biological criteria only, irrespective of any
administrative or jurisdictional considerations:
1. Areas supporting extremely rare species or habitats;
2. Areas supporting associations or concentrations of rare
species or habitats; and
3. Areas exhibiting the best examples of rare species and
habitats in the state.
V. "Source Control Best Management Practice" or "Source Control
BMP" means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that
aim to prevent storm water pollution by reducing the potential for
rnntart�inatinn at the source of pnlliitinn
W. "Storm Event" means a rainfall event that produces more than 0.1
inch of precipitation separated from the previous storm event by at least 72
hours of dry weather.
X. "Storm Water Discharge .Associated with Industrial Activity"
means industrial discharge as defined in 40 CFR § 122.26(b)(14).
Y. "Structural Best Management Practice" or "Structural BMP"
means any structural facility designed and constructed to mitigate the
adverse impacts of urban runoff pollution (e.g., a canopy, structural
enclosure). This category may include both Treatment Control BMPs and
Source Control BMPs.
Z. "Standard Urban Storm Water Mitigation Plan" or "SUSMP"
means the Los Angeles Countywide Standard Urban Storm Water
Mitigation Plan" adopted by the Regional Water Quality Control Board
for the Los Angeles Region by Resolution No. R- 00 -02, approving and
directing the Executive Officer of the RWQCB -LA to issue a Standard
Urban Storm Water Mitigation Plan for Municipal Storm Water And
Urban Runoff Management Programs in Los Angeles County, as modified
by the State Water Resources Control Board in Order WQ 2001 -11, and as
further modified and reaffirmed by the California Regional Water Quality
Control Board for the Los Angeles Region, in the NPDES Permit.
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AA. "Ten or More Unit Home Subdivision" means any subdivision
where at least ten (10) single - family or multi - family dwelling units are to
be developed.
BB. "Treatment" means the use 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
absorption, biodegradation, biological uptake, chemical oxidation and UV
radiation.
CC. "Treatment Control Best :Management Practice" or "Treatment
Control BMP" means any engineered system designed to remove
pollutants by simple gravity setting of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological, or
chemical process.
5 -7 -50: RATE OF DISCHARGE. No New Development will increase the peak
rate of discharge of storm water from the developed site if this increase would
make downstream erosion more probable.
5 -7 -60: SUBDIVISION DESIGN. Unless inconsistent with vested rights, the site
design for all New Development subject to this Chapter, to the maximum extent
practicable, will:
A. Concentrate or cluster New Development on portions of the site
while leaving the remaining land in a natural undisturbed condition;
B. Limit clearing and grading of native vegetation to the minimum
extent practicable, consistent with the construction of lots, and to allow
access and provide fire protection;
C. Preserve riparian areas and wetlands.
5- 7- 70:BEST MANAGEMENT PRACTICES (BMP).
A. On the date this Chapter takes effect, those Best Management
Practices which are listed in Tables 1 and 2 of the Standard Urban Storm
Water Mitigation Plan will be deemed to be incorporated by reference and
adopted by this City and will remain in effect until the City Council adopt
by resolution a `BMP Guidebook" prepared or recommended by the
Director of Public Works (the "Director "), categorizing development and
Best Management Practices for each category.
B. The Director may from time to time revise the BMP Guidebook,
and the City Council may adopt these revisions by resolution.
C. No Best Management Practice other than a Structural or Treatment
Control Best Management Practice will be used in New Development or
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Redevelopment regulated under this Chapter, unless listed in the SUSMP
or the BMP Guidebook.
D. No Structural or Treatment Control Best Management Practice .
may be used in New Development or Redevelopment regulated under this
Chapter unless listed in the SUSMP or the BMP Guidebook.
5 -7 -80: CONTROL OF EROSION OF SLOPES AND CHANNELS. Best
Management Practices used on slopes or channels in New Development or
Redevelopment subject to this Chapter will:
A. Convey runoff from tops of slopes;
B. Eliminate or reduce flow to natural drainage systems, and for flows
which cannot be eliminated, utilize natural drainage systems, rather than
artificial drainage systems, to the maximum extent practicable;
C. Stabilize soil at permanent channel crossings;
D. Vegetate slopes with native or drought tolerant species known to
control erosion; and
E. Dissipate concentrated flows before they enter unlined channels.
5 -7 -90: SIGNAGE AT STORM DRAINS. In the project area of New
Development or Redevelopment subject to this Chapter, a notice that dumping in
storm drains and catch basins is illegal will be:
A. Stenciled in paint or other permanent means at all storm drain
inlets and catch basins within the project area;
B. Posted at all known public accesses to natural or artificial drainage
channels within the project area; and
C. Maintained to preserve the sign.
5 -7 -100: OUTDOOR STORAGE OF MATERIALS.
A. All materials stored outdoors in New Development or
Redevelopment subject to this Chapter which, if exposed to storm water,
reasonably may be expected to add pollutants to storm water, will be
isolated from contact with storm water by:
Enclosure in a structure; or
2. By a surrounding curb or other containment structure.
B. The storage area for materials referred to above must be covered
completely:
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1. By impermeable paving, or
2. An overhead covering that adequately diverts precipitation
away from the ground between the material and the surrounding
containment structure.
5 -7 -110: OUTDOOR TRASH STORAGE AREAS. Except where they
serve only single- family residences, solid waste containers in New Development
or Redevelopment subject to this Chapter will be placed between collections in
areas that:
A. Are isolated from contact with storm water flows originating
outside the storage area, and
B. Are surrounded with a barrier sufficient to prevent all trash from
being transported out of the storage area, except during collection.
5 -7 -120: MAINTENANCE OF BEST MANAGEMENT PRACTICES.
A. Every person applying to the City for approval of any New
Development or Redevelopment subject to this Chapter, as part of that
application, will agree in writing to maintain any Structural or Treatment
Control Best Management Practice to be implemented in that development
through means such as a covenant running with the land such as
covenants, conditions and restriction, (commonly known as CC &Rs),
mitigation measures under the California Environmental Quality Act
(Public Resources Code § § 21000, et seq. ), a Conditional Use Permit,
enforceable conditions of approval, or other legal agreement (collectively
"Agreement ").
B. The Agreement described in this section will remain in force until
ownership of the developed property is transferred, and upon transfer, will
be binding on the new owner(s).
5 -7 -130: DESIGN STANDARDS FOR BEST MANAGEMENT
PRACTICES. Except as this Chapter may specifically exempt, every Best
Management Practice required to be implemented pursuant to this Chapter in New
Development or Redevelopment for the area contributing to that practice:
A. Will be adequate to protect from flooding those parts of the
contributing area adjacent to drainage channels, according to design
criteria the City may establish;
B. Will be adequate
1. For the volume of storm water that, as determined by the
formula recommended in "ASCE Manual of Practice No.87
(1998)," may be collected from the contributing area during a 24-
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hour period in which the total storm water runoff exceeds 85 %0 of
all runoff volumes that have been measured for 24 -hour periods for
that same area; or
2. To treat, by the method recommended in "California Storm
Water Best Management Practices Handbook -
Industrial /Commercial (1993)," 80% or more volume treatment of
the annual volume of storm water runoff from the contributing area
or
3. For the volume of storm water runoff from the contributing
area produced by a storm event of 0.75 inches.
C. Subsection (B) of this section will not apply to any Development
or Redevelopment of less than 5,000 square feet for use by a Restaurant,
or a Retail Gasoline Outlet with less than 5,000 square feet of impervious
surface area or projected Average Daily Traffic of less than 100 vehicles.
D. Where Redevelopment results in an increase of less than fifty
percent (50 %) of the impervious surfaces of a previously existing
development, and the existing development was not subject to these
SUSMPs, the design standards of this section will apply only to the
addition, and not to the entire development.
5 -7 -140: LOADING DOCKS. In any 100,000 square foot
Industrial/Commercial Facility or in any Automotive Service Facility, in New
Development or Redevelopment subject to this Chapter the design of any outdoor
loading dock area will:
A. Use an overhead covering that prevents the entry of storm water;
or
B. Prevent the entry of storm. water by diverting it away; and
C. Not conduct storm water Jlom any truck well directly into a storm
drain system.
5 -7 -150: REPAIR AND MAINTENANCE BAYS. In any 100,000 square
foot Industrial /Commercial Facility or in any Automotive Service Facility, in
New Development or Redevelopment subject to this Chapter repair or
maintenance bays will:
A. Prevent the entry of stormy water by diverting it away or by locating
such bays indoors; and
B. Use a drainage system that collects all water from washing and
from leaks or spills and stores the water in a sump for disposal; and
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C. Does not conduct storm water from the bay directly to a storm
drain system.
5 -7 -160: WASH AREAS. Each wash area for motor vehicles or equipment
in any New Development or Redevelopment subject to this Chapter will use:
A. An adequate overhead covering; and
B. A device that clarifies or otherwise pre - treats all wash water; and
C. A drain conducting all treated wash water to a sanitary sewer.
5 -7 -170: RESTAURANTS. Each Restaurant in any New Development or
Redevelopment subject to this Chapter will include an area for the washing or
cleaning of equipment, which:
A. If indoors, will
1. Be self - contained;
2. Use a grease trap; and
3. Use a drain conducting all waste water to a sanitary sewer.
B. If outdoors, will
1. Use an overhead covering adequate to prevent contact with
storm water;
2. Be covered with impermeable paving;
3. Be surrounded by a curb or other containment; and
4. Use a drain conducting all waste water to a sanitary sewer.
5- 7- 180: RETAIL GASOLINE OUTLETS. All fuel dispensing areas in
any Retail Gasoline Outlet subject to this Chapter will:
A. Be covered by a structure that
1. Extends outward at least as far as the grade break at all
points; and
2. Diverts all storm water away from the fueling area.
B. Be paved with a material, other than asphaltic concrete, that is
impermeable to water and has a smooth surface with a slope of not less
than two per cent (2 %) but not more than four per cent (4 %);
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C. Be separated from the rest: of the site by a grade break that, to the
maximum extent practical, prevents storm water from entering the fueling
area;
D. Extend outward at least six and one -half feet (6.5') from the
outermost corner of any fuel dispenser, or a distance one foot (1') greater
than the combined length of the dispensing hose and nozzle, whichever
distance is less;
5 -7 -190: PARKING LOTS. Owners and operators of Parking Lots in any
New Development or Redevelopment subject to this chapter will minimize offsite
transport of pollutants to the maximum extent practical by using the following
BMPs:
A. Minimize impervious land coverage;
B. Provide effective treatment or infiltration of storm water before it
is discharged into storm drains; and
C. Use operational and maintenance measures to remove heavy
metals, oil and grease and polycyclic aromatic hydrocarbons.
5 -7 -200: SITE - SPECIFIC MITIGATION REQUIREMENTS FOR
NEW DEVELOPMENT AND REDEVELOPMENT WITH POTENTIAL
ADVERSE IMPACTS ON POST - DEVELOPMENT STORM WATER
QUALITY. On and after the effective date of this Chapter, all projects for
Development or Redevelopment not requiring a SUSMP which have the potential
to have adverse impacts on post- development storm water flows from the site,
will include the submission of a site - specific plan adequate to mitigate post
development storm water quality if the project has any one or more of the
following characteristics:
A. A vehicle or equipment fueling area;
B. A vehicle or equipment maintenance area, including washing and
repair;
C. Any commercial or industrial waste handling or storage area;
D. An area for outdoor handling or storage of Hazardous Materials, as
defined in this Chapter;
E. An outdoor manufacturing area;
F. An area where outdoor food handling or processing occurs;
G. An area where outdoor animal care, confinement or slaughter
occurs, or
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H. An area of outdoor horticultural activity.
5 -7 -210: ENFORCEMENT,
A. Violation of any provision of this Chapter will be both a
misdemeanor and a public nuisance.
B. The remedies specified in this Chapter will not exclude any other
legal remedy that may be available to the City.
5 -7 -220: INSPECTIONS.
A. The Director of Public Works and such officers as the Director
may designate will enforce the provisions of this Chapter.
B. As necessary, these officers may, at a reasonable time and in a
manner authorized by the laws of California, enter and make inspections
on any property regulated under this Chapter.
5 -7 -230: FEES. The City Council may establish and fix the amount of fees
for services provided under this Chapter, as authorized under Government Code
§§ 66016 and 66018.
5 -7 -240: REQUEST FOR WAIVER. Any person required under this
Chapter to implement a Structural or Treatment Control Best Management
Practice may petition to the City Council to waive that requirement as impractical,
provided the petitioner has in good faith considered and rejected as not feasible all
such practices available.
5 -7 -250: WAIVER BY CITY COUNCIL. The City Council may waive a
Structural or Treatment Control Best Management Practice as impractical if the
City Council finds that:
A. Inadequate space for treatment exists on a Redevelopment project;
or
B. Soil conditions strongly disfavor the use of infiltration; or
C. The natural land surface where the BMP would be located lies:
1. Above a known unconfined aquifer; or
2. Less than ten (10) feet above an existing or potential source
of drinking water.
D. Any petition for waiver not falling within the foregoing categories
will be forwarded to the Regional Board for consideration."
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SECTION 3: Repeal of any provision of the ESMC will not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed
part will remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance.
SECTION 4: If any part of this Ordinance or its application is deemed invalid by
a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 5: This Ordinance will become effective on September 2, 2002
pursuant to Government Code § 36937(b) for the immediate preservation of the public
peace, health, and safety.
SECTION 6: The City Clerk is directed to certify the passage and adoption of
this Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
PASSED AND ADOPTED this 6th
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
day of August 2002.
n,
Ake Gordon, Mayor
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 1347 was duly introduced by said City Council at a
regular meeting held on the 6tb day of August , 2002, and was duly
passed and adopted by said City Council, approved and signed by the Mayor, and attested
to by the City Clerk, all at a regular meeting of said Council held on the 6th day
of August , 2002, and the same was so passed and adopted by the following
vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES: None
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ABSENT: None
ABSTAIN: None
1
Cindy Mortes , City Clerk
APPROVED AS TQfrQ
Mark D. Hensl , Ci
By:
t
Y —
Karl H. Berger
Assistant City A
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