ORD 361 ORDINANCE NO. 3 61
AN ORDNANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING THE STORM WATER AND URBAN RUNOFF
POLLUTION CONTROL ORDINANCE TO PROVIDE STORM
WATER POLLUTION CONTROL FOR PLANNING AND
CONSTRUCTION OF NEW DEVELOPMENT AND
REDEVELOPMENT PROJECTS AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13.10.020 of Chapter 13.10 of the Rancho Palos Verdes Municipal
Code is hereby amended by adding thereto a new subparagraph D to read as follows:
"D. This Chapter also sets forth requirements for the construction and operation of
certain"Commercial Development","New Development"and"Redevelopment"and other
projects(as further defined herein)which are intended to ensure compliance with the storm water
mitigation measures prescribed in the current version of the Standard Urban Storm Water
Mitigation Plan(SUSMP) approved by the Regional Water Quality Control Board-Los Angeles
Region,and on file in the office of the City Clerk of this City. This Chapter authorizes the
Authorized Enforcement Officer to define and adopt applicable Best Management Practices and
other storm water pollution control measures,to grant waivers from SUSMP requirements,as
provided herein,to cite infractions and to impose fines pursuant to this Chapter. Except as
otherwise provided herein,the Authorized Enforcement Officer shall administer,implement and
enforce the provisions of this section."
Section 2. The first(preamble)paragraph of Section 13.10.030 of Chapter 13.10 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
"Except as specifically provided herein,any term used in this Chapter shall be defined as
that term is defined in the current Municipal NPDES Permit,or as defined in the current version
of the Standard Urban Storm Water Mitigation Plan("SUSMP")approved by the Regional
Water Quality Control Board-Los Angeles Region, or if it is not specifically defined in either the
Municipal NPDES Permit or the SUSMP,then as such term is defined in the Federal Clean
Water Act, as amended,and/or the regulations promulgated thereunder. If the definition of any
term contained in this chapter conflicts with the definition of the same term in the current version
of the SUSMP,then the definition contained in this chapter shall govern. The following are
definitions of terms used in this chapter:"
Section 3. Paragraph C of Section 13.10.030 of Chapter 13.10 of the Rancho Palos
Verdes Municipal Code defining the term"Best management practices"is hereby amended to
read as follows:
621572-2
"Best Management Practices(BMP's)"means activities,practices,facilities,and/or
procedures that when implemented to their maximum efficiency will prevent or reduce pollutants
in discharges and any program,technology,process,siting criteria,operational methods or
measures,or engineered systems,which when implemented prevent,control,remove,or reduce
pollution. Examples of BMP's may include public education and outreach,proper planning of
development projects,proper cleaning of catch basin inlets,and proper sludge- or waste-handling
and disposal, among others."
Section 4. Section 13.10.030 of Chapter 13.10 of the Rancho Palos Verdes Municipal
Code is hereby amended to add the following new definitions in appropriate alphabetical
sequence:
"Automotive Repair Shop"means a facility that is categorized in any one of the
following Standard Industrial Classification(SIC) codes: 5013, 5014,5541,7532-7534, or 7536-
7539(as amended).
"Commercial Development"means any development on private land that is not heavy
industrial or residential. The category includes,but is not limited to: hospitals,laboratories and
other medical facilities, educational institutions and facilities that require approval by the City,
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.
"Discretionary project" is defined in the same manner as Section 15357 of the Guidelines
For Implementation Of The California Environmental Quality Act contained in Title 14 of the
California Code Of Regulations,as amended, and means a project which requires the exercise of
judgment or deliberation when the City decides to approve or disapprove a particular activity,as
distinguished from situations where the City merely has to determine whether there has been
conformity with applicable statutes, ordinances, or regulations.
"Director"means the Director of Public Works of the City of Rancho Palos Verdes or the
Director's designee.
"Greater than(>)9 unit home subdivision"means any subdivision being developed for
10 or more single-family or multi-family dwelling units.
"Hillside"means property located in an area with known erosive soil conditions,where
the development contemplates grading on any natural slope that is twenty-five percent(25%)or
greater.
"Infiltration"means the downward entry of water into the surface of the soil.
"New Development"means land disturbing activities that require the issuance of a
grading permit pursuant to Section 17.76.040 of this code; structural development, including the
construction or installation of a building or structure or the creation of impervious surfaces; or
land subdivision of greater than nine lots.
Ordinance No.361
Page 2 of 7
"One Hundred Thousand(100,000) Square Foot Commercial Development"means any
Commercial Development that creates at least one hundred thousand(100,000) square feet of
impermeable area,including parking areas.
"Parking Lot"means land area or a facility for the temporary parking or storage of motor
vehicles used personally,for business or for commerce with a lot size of five thousand(5,000)
square feet or more, or with twenty-five(25) or more parking spaces.
"Redevelopment"means,on an already developed site,the creation or addition of at least
five thousand(5,000) square feet of impervious surfaces,as such term is defined in the current
version of the SUSMP approved by the Regional Board. Redevelopment includes,but is not
limited to,the following activities that meet the minimum standards set forth in this definition:
(1)the expansion of a building footprint or addition or replacement of a structure; (2) structural
development,including an increase in gross floor area and/or exterior construction or
remodeling;(3)replacement of impervious surface that is not part of a routine maintenance
activity and(4)land disturbing activities related to structural or impervious surfaces.
"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 and lubricating
oils.
"Source Control BMP"means any schedule of activities,prohibition 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.
"Standard Urban Storm Water Mitigation Plan"or"SUSMP"means the current version
of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board,and on file
in the office of the City Clerk of this City,and the NPDES Permit models that have been
approved by the Executive Officer of the Regional Board for implementation to control storm
water pollution from a New Development and Redevelopment project specifically identified in
Section 13.10.065a.
"Storm Event"means a rainfall event that produces more than 0.1 inch of precipitation
and that 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).
Structural BMP's may include both Treatment Control BMP's and Source Control BMP'S.
"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.
Ordinance No.361
Page 3 of 7
"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."
Section 5. Chapter 13.10 of the Rancho Palos Verdes Municipal Code is amended by
adding thereto a new Section 13.10.065 to read as follows:
"13.10.065 Standard Urban Storm Water Mitigation Plan("SUSMP")Requirements,
for New Development and Redevelopment Projects .,
a. Projects Requiring a SUSMP. The following Discretionary New Development or
Redevelopment projects shall require a Storm Water Mitigation Plan that complies with the most
recent SUSMP:
1. Single-Family Hillside Residences;
2. Commercial developments in excess of One Hundred Thousand(100,000)
Square Feet;
3. Automotive Repair Shops;
4. Retail Gasoline Outlets;
5. Restaurants;
6. Greater than 9 unit home subdivision; and
7. Parking lots of five thousand(5,000)square feet or more or with twenty-five
(25)or more parking spaces and potentially exposed to storm water runoff.
b. Incorporation of SUSMP into Project Plans. An applicant for a New Development or
a Redevelopment Project identified in paragraph a of this Section shall incorporate into the
applicant's project plans a Storm Water Mitigation Plan which includes those Best Management
Practices necessary to control storm water pollution from construction activities and facility
operations,as set forth in the SUSMP applicable to the applicant's project. Structural or
Treatment Control BMP's set forth in project plans shall meet the design standards set forth in
the SUSMP;provided,however,Restaurants with a developed land area of less than 5000
square feet and Retail Gasoline Outlets do not have to meet the Structural or Treatment Control
BMPdesign standards set forth in the SUSMP. If a project applicant has included or is required
to include Structural or Treatment Control BMP's 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.
c. Issuance of Discretionary Permits. No Discretionary permit may be issued for any
New Development or Redevelopment Project identified in paragraph a. of this Section until the
Director confirms that either: (1)the project plans comply with the applicable SUSMP
Ordinance No.361
Page 4 of 7
requirements, or(2)compliance with the applicable SUSMP requirements is impracticable for
one or more of the reasons set forth in paragraph e.regarding issuance of waivers. Where a
Redevelopment project results in an increase of less than fifty percent of the impervious surfaces
of a previously existing development,and the existing development did not require a SUSMP at
the time the last Discretionary approval was granted by the City,the Design Standards set forth
in the SUSMP will apply only to the addition, and not to the entire development
d. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of
Occupancy for a project subject to this Chapter,the Director shall require facility operators
and/or owners to build all the storm water pollution control Best Management Practices and
Structural or Treatment Control BMP's 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 BMP'S will be maintained in compliance with the SUSMP and other applicable
regulatory requirements.
e. Granting of Waiver. The Director shall have the authority to grant a waiver to a
Development or Redevelopment Project from the requirements of the SUSMP, if impracticability
for a specific property can be established by the project applicant. A waiver of impracticability
may be granted by the Director only when all Structural or Treatment Control BMP's have been
considered and rejected as infeasible. Recognized situations of impracticability are limited to the
following,unless approved by the Regional Board:
1. Extreme limitations of space for treatment on a Redevelopment project;
2. Unfavorable or unstable soil conditions at a site to attempt infiltration;or
3. Risk of ground water contamination because a known unconfined aquifer
lies beneath the land surface or an existing or a potential underground
source of drinking water is less than ten(10)feet from the soil surface.
f. Transfer of Properties Subject to Requirement for Maintenance of Structural and
Treatment Control BMP's.
1. The transfer or lease of a property subject to a requirement for maintenance of
Structural and Treatment Control BMP's 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 BMP's 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 BMP's
at least once a year and retain proof of inspection.
2. For residential properties where the Structural or Treatment Control BMP's are
located within a common area which will be maintained by a homeowner's association,language
regarding the responsibility for maintenance shall be included in the project's conditions,
covenants and restrictions(CC&R's). Printed educational materials will be required to
Ordinance No.361
Page 5 of 7
accompany the first deed transfer to highlight the existence of.the requirement and to provide
information on what storm water 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 BMP's are located within an area proposed
for dedication to a public agency,they will be the responsibility of the developer until the
dedication is accepted.
g. CEQA. Provisions of this section shall be complimentary to, and shall not replace,
any applicable requirements for storm water mitigation required under the California
Environmental Quality Act."
Section 6. Section 13.10.070A1 of Chapter 13.10 of the Rancho Palos Verdes Municipal
Code is amended to read as follows:
"1. Any condition caused or permitted to exist in violation of
a. Any of the provisions of this Chapter;or
b. Any failure to comply with any applicable requirement of either the
SUSMP or an approved Storm Water Mitigation Plan with respect to a
property;or
c. Any false certification or verification,or any failure to comply with a
certification or verification provided by a project applicant or the
applicant's successor in interest; or
d. Any failure to properly operate and maintain any Structural or Treatment
Control BMP on a property in accordance with an approved Storm Water
Mitigation Plan or the SUSMP,
is hereby determined to be a threat to the public health, safety and welfare,is declared
and deemed a public nuisance,and may be abated or restored by any Authorized
Enforcement Officer, and a civil or criminal action to abate,enjoin or otherwise compel
the cessation of such nuisance may be brought by the City Attorney."
Section 7. If any section,subsection, sentence, clause,portion,or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
any competent jurisdiction, such decision shall not affect the validity of the remaining sections,
subsections, sentences,clauses,portions, or phrases of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section,subsection,
sentence,clause,portion,or phrase without regard to whether any other section, subsection,
sentence, clause,portion, or phrase of the Ordinance would be subsequently declared invalid or
unconstitutional.
Ordinance No.361
Page 6 of 7
PASSED,APPROVED AND ADOPTED this 6th day of December,2000.
/S/ MARILYN LYON
MAYOR
ATTEST:
JO PURCELL
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Jo Purcell,City Clerk of the City of Rancho Palos Verdes,do hereby certify that the whole
number of members of the City Council of said City is five;that the foregoing Ordinance No.
361 passed first reading on November 21,2000,was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on December 5,2000 and that the same
was passed and adopted by the following roll call vote:
AYES: Stern,McTaggart,Ferraro, Lyon and Byrd
NOES None
ABSENT: None
ABSTAIN: None
eadk, Pike,t.fr (04)
City Clerk
W:\ORDINANCES\SUSMP ORDINANCE 361.doc
Ordinance No.361
Page 7 of 7
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on December 13, 2000 she caused to be
posted the following document entitled: ORDINANCE NO. 361
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE
STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW
DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following locations:
City Hall Hesse Park
30940 Hawthorne Blvd. 29301 Hawthorne Blvd
Rancho Palos Verdes Rancho Palos Verdes
Ladera Linda Community Center Ryan Park
32201 Forrestal Drive 30359 Hawthorne Blvd.,
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true an correct affadavit of
posting.
1 t . _ �
:..__..
ICity Clerk
W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv