(a) Objective. Pursuant to Part VI.D.7.b of the municipal NPDES permit, the provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the current municipal NPDES permit to lessen the water quality impacts of development by using smart growth practices and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.
(b) Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the city to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies. As specified in this section, certain planning priority projects shall meet the requirements of this section through the preparation and submittal of a standard urban stormwater mitigation plan (SUSMP), which shall include the applicable LID requirements set forth in this section as an element of the SUSMP.
(c) Applicability - planning priority projects. The following development and redevelopment projects shall be designated as planning priority projects, which are subject to City conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution prior to completion of the projects, and shall meet the requirements of this section:
(1) New development projects.
a. All development projects equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.
b. Industrial parks 10,000 square feet or more of surface area.
c. Commercial malls 10,000 square feet or more of surface area.
d. Retail gasoline outlets with 5,000 square feet or more of surface area.
e. Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.
f. Parking lots with 5,000 square feet or more of impervious surface area, or with twenty-five or more parking spaces.
g. Streets and roads construction of 10,000 square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.
h. Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of surface area.
i. Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area (ESA), where the development will:
(i) Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and
(ii) Create 2,500 square feet or more of impervious surface area.
j. Single-family hillside homes.
(2) Redevelopment projects
a. 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 on planning priority project categories.
b. Where redevelopment results in an alteration to more than 50% 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 50% 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.
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 10,000 square feet of impervious surface area.
(d) Specific 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. In addition, the following specific requirements apply:
(1) New single-family hillside homes. A new single-family hillside home development project 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 10,000 square feet or more. Street and road construction of 10,000 square feet or more of impervious surface shall follow the city's Green Street Manual developed by the director and approved by city council resolution. The city's Green Street Manual shall be based on the USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009).
(3) Remainder of planning priority projects require a susmp. Except for the projects listed in paragraphs (1) and (2) of subsection (d) of this section, all other planning priority projects shall prepare and submit to the director for review and approval a SUSMP which shall also contain LID requirements consistent with Parts VI.D.7.c and VI.D.7.d(iii) of the municipal NPDES permit. In addition, planning priority projects subject to this paragraph (3) shall do the following:
a. Incorporate the SUSMP into project plans. An applicant for a planning priority project identified in paragraph (3) of subsection (d) of this section shall incorporate into the applicant's project plans a stormwater mitigation plan (SWMP), which includes those BMPs necessary to control stormwater pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or treatment control BMPs (including, as applicable, post-construction treatment control BMPs) set forth in project plans shall meet the design standards set forth in the SUSMP and the current municipal NPDES permit.
b. Verify maintenance of BMPs. If a project applicant has included or is required to include structural or treatment control BMPs 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.
(e) Issuance of discretionary permits. No discretionary permit may be issued for any planning priority project identified in this section until the director confirms the project plans comply with the applicable requirements of this section.
(f) Issuance of certificates of occupancy. As a condition for issuing a certificate of occupancy for a planning priority project identified in this section, the director shall require facility operators and/or owners to build all the stormwater pollution control BMPs and structural or treatment control BMPs 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 BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirements.
(g) Transfer of properties subject to requirement for maintenance of structural and treatment control BMPs.
(1) The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs 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 BMPs 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 BMPs at least once a year and retain proof of inspection.
(2) For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowners association, language regarding the responsibility for maintenance shall be included in the projects conditions, covenants and restrictions (CC&Rs). 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 stormwater 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 BMPs are located within an area proposed for dedication to a public agency, said BMPs shall be the responsibility of the developer until the dedication is accepted by the public agency.
(h) CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for stormwater mitigation required under the California Environmental Quality Act.
(Ord. 671 § 1, 2014)