ORDINANCE NO. 23-1072

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 8 (STORMWATER POLLUTANT ELIMINATION) AND SECTION 9-1N-10 (LOW IMPACT DEVELOPMENT STANDARDS AND GREEN STREETS) OF THE TEMPLE CITY MUNICIPAL CODE TO COMPLY WITH THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT

   WHEREAS, the City is authorized by Article XI, Section 5 and Section 7 of the State

Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety and general prosperity; and

   WHEREAS, the Federal Clean Water Act establishes Regional Water Quality Control

Boards in order to prohibit the discharge of pollutants in stormwater runoff to waters of the United States; and

   WHEREAS, the City is a permittee under the California Regional Water Quality Control

Board, Los Angeles Region Order No. R4-2021-0105 (MS4 Permit), issued on July 23, 2021, which establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County; and

   WHEREAS, Order No. R4-2021-0105 contains requirements for LID Ordinance and Green Streets Policies; and

   WHEREAS, the City has the authority under the California Water Code to adopt and

enforce ordinances imposing conditions, restrictions and limitations with respect to any activity that might degrade waters of the State; and

   WHEREAS, it is the intent of the City to comply with all the requirements of the Los Angeles Region Order No. R4-2021-0105 (MS4 Permit) by updating the definitions in the Municipal Code to match the updated definitions in the 2021 MS4 Permit; requiring all industrial and commercial facilities and construction projects to implement the BMPs listed in the MS4 Permit; and updating the definitions and list of development projects that must adhere to the low impact development (LID) provisions in the 2021 MS4 Permit..

THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:

SECTION 1. This project is not anticipated to result in any significant effects upon the environment and is exempt from environmental review in accordance with Sections 15061(b)(3) and 15308 of the CEQA Guidelines. The Preliminary Assessment indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.

SECTION 3. Title 8 (Stormwater Pollutant Elimination) and Section 9-1N-10 (Low Impact Development Standards and Green Streets) of Title 9 of the Municipal Code shall be amended as found in Exhibit A of this Ordinance.

SECTION 4: The City Council declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action will not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional.

SECTION 5: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law.

   PASSED, APPROVED, AND ADOPTED this ___ day of ______, 2023.

                     ________________________

                     William Man, Mayor

ATTEST:                   APPROVED AS TO FORM:

________________________         _______________________

Peggy Kuo, City Clerk             Greg Murphy, City Attorney