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RESOLUTION NO. 6195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ESTABLISHING STORM
WATER AND URBAN RUNOFF CONTROLS FOR NEW
CONSTRUCTION AND SERVICE FEES RELATED THERETO
WHEREAS, under the provisions of the Porter-Cologne Act, the State Water
Resources Control Board (SWRCB) and nine regional quality control boards adopt
policies and regulations relating to water quality control in the State, which
together comprise the water quality requirements for California; and
WHEREAS, these boards also implement portions of the Federal Water
Pollution Control Act, as amended (the Clean Water Act), and administer the
National Pollutant Discharge Elimination System (NPDES) permit program; and
WHEREAS, in July 1996, the California Regional Water Quality Control
Board, Los Angeles Region (Regional Board), issued a municipal separate storm
sewer system NPDES permit (County-wide permit) to the County of Los Angeles,
as Principal Permittee, and eighty-five incorporated cities, including the City of
Arcadia, as co-permittees to control and minimize the discharge of pollutants
associated with storm water and urban runoff; and
WHEREAS, the County-wide permit requires each permittee to develop and
implement a program of development planning control measures in accordance
with a model Standard Urban Storm Water Mitigation Plan (SUSMP) to be
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developed by the permittees and approved by the Executive Officer of the
Regional Board; and
WHEREAS, all Los Angeles County permittees have until October 8, 2000,
to implement the Regional Board's SUSMP requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. The SUSMP regulations of the City of Arcadia, as
evidenced within the attached "Exhibit A," are hereby established and approved.
SECTION 2.
The fees and charges relative to the activities contained
within the SUSMP regulations, as evidenced within the attached "Exhibit B," are
hereby established and approved. In taking this action, the City Council finds and
determines, in accordance with the provisions of Section 54954.6 of the California
Government Code, that the service fees and charges being established do not
exceed the actual cost of performing the regulatory services and activities for
which they are being collected.
SECTION 3.
All other Resolutions concerning the regulations and fees
established by this Resolution are hereby amended to the extent necessary to make
the same conform herewith.
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SECTION 4.
This Resolution shall be operative on the effective date of
Ordinance No. 2130.
SECTION 5.
The City Clerk shall certifY to the adoption of this
Resolution.
Passed, approved and adopted this 5th day of September
,2000.
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Ma ofth City at Arcadia
ATTEST:
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. 1 Clerk ... \
APPROVED AS TO FORM:
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City Attorney
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6195
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6195 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 5th day of September 2000 and that said
Resolution was adopted by the following vote, to wit:
A YES: Council member Chandler, Chang, Segal and Kovacic
NOES: None
ABSENT: None
ABSTAIN: Councilmember Marshall
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EXHIBIT A
Standard Urban Storm Water Mitigation Plan and Storm Water Best
Management Practices Regulations
Definitions
"Automotive Repair Shop" means a facility that is categorized in anyone of the following
Standard Industrial Classifications (SIC) codes: 5013,5014,5541,7532-7534, or 7536-7539.
"Best Management Practice (BMP)" means any program, technology, process, siting criteria,
operational methods or measures, or engineered systems, which when implemented prevent,
control, remove, or reduce pollution.
"Commercial Development" means any development on private land that is not heavy industrial
or single family residential. The category includes, but is not limited to: hospitals, laboratories
and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-
family residential buildings, apartments, 'car wash facilities, mini-malls and other business
complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial
complexes.
"Construction Exempt Projects" means construction projects solely involving: routine
maintenance to maintain original line and grade, hydraulic capacity or original purpose of
facility; or emergency construction activities required to immediately protect public health and
safety; or interior remodeling; or mechanical, electrical or sign permit work.
"County-wide NPDES Permit" means California Regional Water Quality Control Board, Los
Angeles Region, Order No. 96-054, Waste Discharge Requirements for Municipal Storm Water
and Urban Runoff Discharges within the County of Los Angeles.
"Directly Connected Impervious Area (DCIA)" means the area covered by a building,
impermeable pavement, and! or other impervious surfaces, which drains into the storm drain
system without first flowing across permeable land area (e.g. lawns).
"Discretionary Project" means a project which requires the exercise of judgement or deliberation
when the public agency or public body decides to approve or disapprove a particular activity, as
distinguished from situations where the public agency or body merely has to determine whether
there has been conformity with applicable statutes, ordinances, or regulations.
"Environmentally Sensitive Area" means an area designated as an Area of Special Biological
Significance by the City and approved by the Executive Officer of the Regional Board using as
reference the State Water Resources Control Board (Water Quality Control Plan, Los Angeles
Region: Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (1994) and
amendments) or an area designated as an Area of Ecological Significance by the County of Los
Angeles (Los Angeles County Significant Areas Study. Los Angeles County Department of
Regional Planning (1976) and amendments) or an area designated as a significant natural area by
the California Resources Agency.
"Greater than 9 unit home subdivision" means any subdivision being developed for 10 or more
single-family dwelling units.
"Hillside" means property located in an area with known erosive soil conditions, where the
developer contemplates grading on any natural slope that is twenty-five percent or greater.
"Infiltration" means the downward entry of water into the surface of the soil.
"New Development" means land disturbing activities; structural development, including
construction or installation of a building or structure; creation of impervious surfaces; and land
subdivision.
"100,000 Square-Foot Commercial Development" means any commercial development that
creates at least 100,000 square feet of impermeable area, including parking areas.
"100,000 Square-Foot Industrial Development" means any industrial development that creates at
least I 00,000 square feet of impermeable area including parking areas.
"Parking Lot" means land area or facility for the temporary parking or storage of motor vehicles
used personally, for business or for commerce with an improved lot size of 5,000 square feet or
more, or with 200 or more parking spaces potentially exposed to rainwater.
"priority Planning Projects" means any: a.) Single-family hillside residences, b.) 100,000
square-foot or greater commercial developments, c.) Automotive repair shops, d.) Retail gasoline
outlets, e.) Restaurants, f.) Home subdivisions with 10 to 99. housing units, g.) Home
subdivisions with 100 or more housing units.
"Priority Planning Project Characteristics" means any project that has the following as any part
of the project: a) Vehicle or equipment fueling areas; b) Vehicle or equipment maintenance
areas, including washing; c) Commercial or industrial waste handling or storage, excluding
typical office or household wastes; d) Outdoor handling or storage of hazardous materials or
waste; e) Projects on hillsides with slopes greater than 25%; f) Outdoor work areas for activities
such as, but not limited to: welding, cutting, metal fabrication, assembly, application of paints,
coating, or finishing; pre-cast concrete fabrication; etc.; g) 100,000 square foot or greater
industrial development; h) Outdoor animal confinement (kennels, stables, etc.); i) Locations
within or adjacent to or directly discharging to an environmentally sensitive area; j) Parking lots
with 200 or more parking spaces.
Redevelopment" means, on an already existing developed site, the creation or addition of at least
5,000 square feet of impervious surfaces or the creation or addition of fifty percent or more of
impervious surfaces or the making of improvements to fifty percent or more of the existing
structure. Redevelopment includes, but is not limited to: the expansion of a building footprint or
addition or replacement of a structure; structural development including an increase in gross
floor area and! or exterior construction or remodeling; replacement of impervious surface that is
not part of a routine maintenance activity; and land disturbing activities related with structural or
impervious surfaces.
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"Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks for
immediate consumption. (SIC code 5812).
"Retail Gasoline Outlet" means any facility engaged in selling gasoline as it primary function
(SIC code7538).
"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 contamination at the source of pollution.
"Storm Event" means a rainfall event that produces more than 0.1 inch of precipitation, which is
separated from the previous storm event by at least 72 hours of dry weather.
"Structural BMP" means any structural facility designed and constructed to mitigate the adverse
impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). The
. category may include both Treatment Control BMPs and Source Control BMPs.
"Treatment" means the application 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 adsorption, biodegradation, biological uptake, chemical
oxidation and UV radiation.
"Treatment Control BMP" means any engineered system designed to remove pollutants by
simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or
any other physical, biological, or chemical process.
Rej!ulatorv Compliance
I. All persons engaged in construction activities shall operate in compliance with all stormwater
discharge requirements of the United States Environmental Protection Agency, the California
State Water Resources Control Board and the California Regional Water Quality Control
Board, Los Angeles Region. Proof of compliance may be required by the City in a form
acceptable to the City Manager or duly authorized representative thereof prior to the issuance
of any grading or building permit.
2. All persons engaged in construction aetlVlty within the City requIrIng a State General
Construction Activities Stormwater Permit shall have at the site at all times and available for
review during regular business hours all of the following:
a. A copy of the Notice of Intent for the State Construction Activities Stormwater General
Permit.
b. The Waste Discharge Identification Number issued by the S1ate Water Resources Control
Board.
c. Copies of the Storm water Pollution Prevention Plan and the Storm water Monitoring Plan
as required by the State Construction Activities Stormwater General Permit.
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Pollution Reduction from Demolition and/or Construction Sites
I. Storm water runoff containing sediment, construction materials or other pollutants from the
construction site and any adjacent staging, storage or parking areas shall be reduced to the
maximum extent practicable. The following best management practices shall apply to all
demolition and/or construction projects within the city and shall be required from the time of
land clearing, demolition or commencement of construction until receipt of a certificate of
occupancy:
a. Sediment, construction wastes, trash and other pollutants from construction activities
shall be reduced to the maximum extent practicable.
b. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters,
berms, and similar controls shall be utilized to the maximum extent practicable in order
to minimize the escape of sediment and other pollutants from the site.
c. Between October I and April 15, all excavated soil shall be located on the site in a
manner that minimizes the amount of sediment running onto the street, drainage facilities
or adjacent properties. Soil piles shall be bermed or covered with plastic or similar
materials until the soil is either used or removed from the site.
d. No washing of construction or other vehicles is permitted adjacent to a construction site.
No water from the washing of construction vehicle of equipment on the construction site
is permitted to run off the construction site and enter the municipal storm water sewer
system.
e. Trash receptacles must be situated at convenient locations on construction sites and must
be maintained in such a manner that trash and litter does not accumulate on the site nor
migrate off site.
Pollution Prevention Plans - Construction
I. The owner or authorized representative of the owner must submit a signed statement in a
form acceptable to the Development Services Director or duly authorized representative
thereof certifying that Best Management Practices to control the discharge of sediment and
construction materials in accordance with the County-wide NPDES Permit and Construction
Development Model Program will be implemented prior to the issuance of any building or
grading permit,
2. A Local Stormwater Pollution Prevention Plan and Wet Weather Erosion Control Plan shall
be required by the Development Services Director or duly authorized representative thereof
consistent with the County-wide NPDES Permit and the Development Construction Model
Program. Such plans must be submitted to the City for review and approval prior to the
issuance of building or grading permits.
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Post-Construction Pollution Reduction
I. All applicants for new development and redevelopment projects shall implement BMPs into
the design and construction of the project to reduce pollutants in post-construction storm
water runoff to the maximum extent practicable. All applicants for such projects shall apply
the following best management practices to all projects within the City.
a) Businesses
. All private yard drains and catch basins draining to the street or storm drain shall
be stenciled or labeled with the "No Dumping-Drains to Ocean" logo or
equivalent.
. Roof downspouts must not be directed to trash enclosures or material storage
areas. Downspouts shall discharge to gravel or heavily vegetated areas.
· Trash bins must be screened or walled. .Runoff water shall be diverted around
trash areas to avoid flow through. Where feasible, trash enclosure drainage shall
be directed to vegetated areas.
· Direct connections to storm drains from depressed loading docks (truck wells) are
prohibited.
· Any water from washing vehicles or equipment shall be contained and treated in a
clarifier or pretreatment facility and properly discharged to a sanitary sewer or to
a permitted disposal facility.
· All outdoor storage areas must be equipped with adequate secondary containment
or other equivalent measures to reduce contamination of runoff. This applies to
the storage of both hazardous and non-hazardous materials, both solid and liquid.
b) Residential
. All private yard drains and catch basins draining to the street or storm drain with
grates or openings greater than or equal to 113 square inches (12 inch circle) must
be stenciled or labeled with the "No Dumping-Drains to Ocean" logo or
equivalent.
· Where feasible, downspouts shall discharge to gravel or heavily vegetated areas.
· Priority shall be given to replacing cleared or graded areas with native or drought
tolerant plants.
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Specific BMPs for non-priority planning projects with priority planning project characteristics
may be waived if the developer can demonstrate that implementation will be a physical or
economic impossibility or that they will bring the project into irreconcilable conflict with other
City requirements. All such requests for waivers must be in writing and approved by the
Development Services Director or his authorized designee.
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2. All applicants for new development and redevelopment priority projects shall submit an
Urban Storm Water Mitigation Plan consistent with the Standard Urban Storm Water
Mitigation Plan submitted to the California Regional Water Quality Control Board, Los
Angeles Region, on August II, 1999, to the Development Services Director or his designee
for review and approval prior to the issuance of any site plan approval, entitlement of use, or
grading or building permits.
3. All applicants for new development and redevelopment projects not meeting the criteria of
priority planning projects but with priority planning project characteristics shall submit a
Site-specific Urban Storm Water Mitigation Plan to the Development Services Director or his
duly authorized representative for review and approval prior to the issuance of any site plan
approval, entitlement of use, or grading or building permits. The Development Services
Director or duly authorized representative thereof may establish criteria for the preparation
and submittal of the Site-specific Urban Storm Water Mitigation Plan consistent with the
goals of this chapter.
4. All Urban Storm Water Mitigation Plans shall include a signed certification from a Civil
Engineer or Licensed Architect registered in the State of California stating that the plan
meets the criteria established in the Standard Urban Storm Water Mitigation Plan submitted
to the California Regional Water Quality Control Board, Los Angeles Region, on July 21,
1999.
5. The Urban Storm Water Mitigation Plan shall address the following goals in connection with
the long-term openition of the proposed project:
'a. Minimize, to the maximum extent practicable, impacts from storm water runoff on the
biological integrity of natural drainage systems and waterbodies in accordance with
requirements under California Environmental Quality Act (CEQA), Section 404 of the
Clean Water Act, local ordinances and other applicable legal authorities.
b. Maximize, to the maximum extent practicable, the percentage of permeable surfaces to
allow more percolation of storm water into the ground;
c. Minimize, to the maximum extent practicable, the amount of storm water directed to
impermeable areas and to the municipal separate storm sewer system;
d. Minimize, to the maximum extent practicable, parking lot pollution through the use of
appropriate BMPs such as retention, infiltration and good housekeeping;
e. Establish reasonable limits on clearing of vegetation from the project site including, but
not limited to, regulation of the length of time during which soil may be exposed and, in
certain cases, the prohibition of bare soil; and
f. Provide for appropriate permanent measures to reduce storm water pollutant loads from
the development site to the maximum extent practicable.
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Plan Review and Approval
1. Prior to the issuance of any building or grading permit for a new development project or
redevelopment project, the City shall evaluate the proposed project's potential impacts
including:
a. Discharge of pollutants to the storm sewer system during construction activities and the
adequacy of the proposed Best Management Practices to mitigate such impacts; and
b. Post-construction discharges of pollutants to the storm sewer system; and
c. Adequacy of Urban Storm Water Mitigation Plans and Pollution Prevention Plans and
other supporting information in meeting the goals of this chapter.
Each plan will be evaluated on its own merits according to the site characteristics of each project
site. Plans submitted to the City for review must address the entire proposed project area. Based
upon the review, the Development Services Director or duly authorized representative thereof
may impose additional conditions on the issuance of the building or grading permit in order to
minimize the discharge of pollutants into the storm drain system.
2. The Development Services Director or duly authorized representative thereof may establish
uniform minimum standards and criteria for the application of such standards for treatment of
stormwater.
3. The Development Services Director or duly authorized representative thereof shall approve
or disapprove of the Urban Stormwater Mitigation Plan or Pollution Prevention plan within
30 days of submittal. If disapproved, the reasons for disapproval shall be given to the
applicant in writing. Any plan disapproved may be revised and resubmitted for approval.
4. If no permit has been issued or no construction begun within 180 days of approval of an
Urban Stormwater Mitigation Plan or Pollution Prevention Plan, the Urban Storm water
Mitigation Plan or Pollution Prevention Plan for that project shall expire. The Development
. Services Director or duly authorized representative thereof may extend the time for action by
the applicant upon written request by the applicant showing that circumstances beyond the
control ofthe applicant prevented the construction from beginning.
Stormwater Treatment Control Permit
I. Any person, firm, partnership, corporation or agent thereof, which incorporates Treatment
Control Best Management Practices into a proposed development shall first obtain a
Stormwater Treatment Control Permit prior to initiating any work related to the installation
of such treatment controls.
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Installation and Maintenance
I. Structural and Treatment Control Best Management Practices must be implemented and
installed as shown on the approved plans. All systems shall be constructed and installed in
such a manner to permit convenient and safe access for perpetual inspection and
maintenance.
2. Any person, firm, partnership, corporation and their agents, heirs and successors who owns,
operates or maintains Treatment Control Best Management Practices, including, but not
limited to, clarifiers, sediment ponds, and yard drain filters, shall maintain the systems in
good working order at all times.
Waiver
A waiver of impracticability for post construction structural or treatment control BMPs
may be granted by the Development Services Director or duly authorized representative thereof
if all such structural or treatment control BMPs have been rejected as infeasible for the following
conditions when certified by a licensed California Civil Engineer or Architect:
a) Extreme limitations of space or treatment on redevelopment projects, or
b) Unfavorable or unstable soil conditions exist at the site for infiltration, or
c) A known unconfined aquifer or potential source of drinking water exists less thanlO feet
from the ground surface.
Inspections
The Public Works Services Director or duly authorized representative thereof may enter and
inspect any private premises during any reasonable time for the purpose of verifying compliance
with the terms and conditions of this chapter. Such inspections may include but are not limited
to:
a) Inspecting efficiency or adequacy of construction and maintenance of post-construction
BMPs.
b) Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and/or
treatment system discharges.
c) Inspection of the integrity of all storm drain and sanitary sewer systems, including the use
of smoke and dye tests and video survey of such pipes and conveyance systems.
d) Inspection of all records of the owner, contractor, developer or occupant of public or
private property relating to BMP inspections conducted by the owner, contractor,
developer or occupant.
e) Identifying points of storm water discharge from the premises whether surface or
subsurface and locating any elicit connection or discharge.
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Fees
Fees to recover the plan checking, inspections and other costs of this program will be established
by resolution of the City Council.
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EXHIBIT B
CITY OF ARCADIA
URBAN STORM WATER MITIGATION
AND
CONSTRUCTION STORM WATER POLLUTION PREVENTION
PLAN CHECK AND INSPECTION FEES
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100+ Home Subdivision $1,578.00
50 - 99 Home Subdivision $ 1,060.00
10 - 49 Home Subdivision $ 733.00
100,000 Square Foot Industrial/Commercial Project $ 684.00
Auto Repair Facility $ 427.00
Retail Gasoline Outlet $ 370.00
Restaurant $ 334.00
200+ Space Parking Lot $ 363.00
Outdoor Animal Confinement $ 427.00
Site-specific USMP fees will be based on most equivalent category.
* Plus $85.00 per hour for third and all subsequent reviews of submittals.
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Pro 'ectS;witli.;atot.il.distUr~ed.ar.ea.of:'" .
At least 0.25 acres but less than 2 acres
At least 2 acres but less than 5 acres
More than 5 acres
Plan'ClieckEee'" .
$ 273.00
$ 483.00 + $0.154/100
s uare feet over 2 acres
$ 752,00 + $0.154/100
s uare feet over 5 acres
$ 263.00
Non-residential site under 0.25 acres which is determined
b the Buildin Official to re uire a Ian review
* Plus $85.00 per hour for third and all subsequent reviews of submittals.
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, Rro 'ect'S.:w.iffiiiUfofa1\disturDed~aiealor.~: '
At least 0.25 acres but less than 2 acres
At least 2 acres but less than 5 acres
More than 5 acres
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