4.16.070 Low Impact Development Measures.
   (a)   Objective. The provisions of this section contain requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current “Municipal NPDES permit,'” lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment projects.
   (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, to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, and to grant waivers or alternate compliance as allowed by the Municipal NPDES permit and collect fees from projects granted exceptions. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this Section. Guidance documents supporting implementation of requirements in this Ordinance are hereby incorporated by reference, including LID Manuals.
   (c)   Applicability. The following Development and Redevelopment projects, termed “Planning Priority Projects,” shall comply with the requirements of this Chapter:
      (1)   All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.
      (2)   Industrial parks 10,000 square feet or more of surface area.
      (3)   Commercial malls 10,000 square feet or more of surface area.
      (4)   Retail gasoline outlets with 5,000 square feet or more of surface area.
      (5)   Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.
      (6)   Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.
      (7)   Streets and roads construction of 10,000 square feet or more of impervious surface area.
      (8)   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.
      (9)   Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:
         a.   Discharge stormwater 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
      (10)   Single-family hillside homes.
      (11)   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 fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.
         c.   Where Redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.
         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.
      (12)   Any other project as deemed appropriate by the Director.
   (d)   Effective Date. The Planning and Land Development requirements contained in this Ordinance shall become effective 90 days from the adoption of the Ordinance. This includes Planning Priority Projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of adoption of the Ordinance. Projects that have been deemed complete within 90 days of adoption of the Ordinance are not subject to the requirements of this Chapter.
   (e)   Stormwater Pollution Control Requirements. The Site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
      (1)   A new single-family hillside home development shall include mitigation measures to:
         a.   Conserve natural areas;
         b.   Protect slopes and channels;
         c.   Provide storm drain system stenciling and signage;
         d.   Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
         e.   Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.
      (2)   Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.
      (3)   The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following:
         a.   Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:
            i.   The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or
            ii.   The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater.
         b.   When, as determined by the City, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:
            i.   The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite.
            ii.   Locations where seasonal high groundwater is within five to ten feet of surface grade;
            iii.   Locations within 100 feet of a groundwater well used for drinking water;
            iv.   Brownfield development sites or other locations where pollutant mobilization is a documented concern;
            v.   Locations with potential geotechnical hazards;
            vi.   Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.
         c.   If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit.
            i.   Additional alternative compliance options such as offsite infiltration may be available to the project Site. The project Site should contact the City to determine eligibility.
         d.   The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:
            i.   0.2 inches per hour, or
            ii.   The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.
         e.   A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by: (a) designing a system acceptable to the City to satisfy these standards and requirements for the entire Site during the first phase, and (b) implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, “Multi-Phased Project” shall mean any Planning Priority Project implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment.
   (f)   Other Agencies of the City. All City departments, offices, entities and agencies, shall establish administrative procedures necessary to implement the provisions of this Article on their Development and Redevelopment projects and report their activities annually to the Director.
(Ord. 936 § 3, 2015)