HomeMy WebLinkAboutORD 08 (2002)The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Section 8. 12.1620 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
118.12.1620 Findings
(a) The Congress of the United States (hereinafter "Congress") has determined that pollutants
contained in storm water and urban runoff are responsible for the environmental degradation of
oceans, lakes, rivers, and other waters of the United States.
(b) Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged
into the waters of the United States by extending National Pollutant Discharge Elimination
System (hereinafter "NPDES") requirements to regulate storm water and urban runoff discharge
Into municipal storm dram systems.
(c) Storm water and urban runoff flows, from individual properties onto streets, then through
storm drains to coastal waters along the City of Diamond Bar.
(d) The City of Diamond Bar is a co -permittee under the "Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and
the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES
Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water
Quality Control Board Los Angeles Region, which also serves as a NPDES permit under the
Federal Clean Water Act and as a co -permittee, the city is required to implement procedures with
respect to the entry of non -storm water discharges into the municipal storm water system.
(e) In order to control, in a cost-effective manner, the quantity and quality of storm water and
urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set
forth herein, is essential."
Section 2. Section 8.12.1630(c) of the Diamond Bar Municipal Code is amended to
read as follows:
"c. This chapter is also intended to provide the city with the legal authority necessary to
control discharges to and from those portions of the municipal storm water system over which it
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ORDINANCE NO. 0 8 ( 20 0 2 )
AN ORDINANCE OF THE CITY OF DIAMOND BAR 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 AND
SUPPLEMENTING THE DIAMOND BAR MUNICIPAL CODE
AND DECLARING THE URGENCY THEREOF
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Section 8. 12.1620 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
118.12.1620 Findings
(a) The Congress of the United States (hereinafter "Congress") has determined that pollutants
contained in storm water and urban runoff are responsible for the environmental degradation of
oceans, lakes, rivers, and other waters of the United States.
(b) Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged
into the waters of the United States by extending National Pollutant Discharge Elimination
System (hereinafter "NPDES") requirements to regulate storm water and urban runoff discharge
Into municipal storm dram systems.
(c) Storm water and urban runoff flows, from individual properties onto streets, then through
storm drains to coastal waters along the City of Diamond Bar.
(d) The City of Diamond Bar is a co -permittee under the "Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and
the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES
Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water
Quality Control Board Los Angeles Region, which also serves as a NPDES permit under the
Federal Clean Water Act and as a co -permittee, the city is required to implement procedures with
respect to the entry of non -storm water discharges into the municipal storm water system.
(e) In order to control, in a cost-effective manner, the quantity and quality of storm water and
urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set
forth herein, is essential."
Section 2. Section 8.12.1630(c) of the Diamond Bar Municipal Code is amended to
read as follows:
"c. This chapter is also intended to provide the city with the legal authority necessary to
control discharges to and from those portions of the municipal storm water system over which it
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has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the
municipal storm water system accountable for their contributions of pollutants and flows."
Section 3. Section 8.12.1640 of the Diamond Bar Municipal Code is hereby amended
to add the following definitions in appropriate alphabetical sequence:
"Construction" means constructing, clearing, grading, or excavation that results in soil
disturbance. Construction includes structure teardown. It does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency
construction activities required to immediately protect public health and safety; interior
remodeling with no outside exposure of construction material or construction waste to storm
water; mechanical permit work; or sign permit work.
"Control" means to minimize, reduce, eliminate, or prohibit by technological, legal,
contractual or other means, the discharge of pollutants from an activity or activities.
"Development" means any construction, rehabilitation, redevelopment or reconstruction
of any public or private residential project (whether single-family, multi -unit or planned unit
development); industrial, commercial, retail and other non-residential projects, including public
agency projects; or mass grading for future construction. It does not include routine maintenance
to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it
include emergency construction activities required to immediately protect public health and
safety.
"Directly Adjacent" means situated within 200 feet of the contiguous zone required for
the continued maintenance, function, and structural stability of the environmentally sensitive
area.
"Director" means the Director of Public Works of the City or the Director's designee.
"Discharge" means when used without qualification the "discharge of a pollutant."
"Discharging Directly" means outflow from a drainage conveyance system that is
composed entirely or predominantly of flows from the subject property, development,
subdivision, or industrial facility, and not commingled with the flows from adjacent lands.
"Discharge of a Pollutant" means: any addition of any "pollutant" or combination of
pollutants to `waters of the United States" from any "point source" or, any addition of any
pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from
any point source other than a vessel or other floating craft which is being used as a means of
transportation. The term discharge includes additions of pollutants into waters of the United
States from: surface runoff which is collected or channeled by man; discharges through pipes,
sewers, or other conveyances owned by a State, municipality, or other person which do not lead
to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into
privately owned treatment works.
"Disturbed Area" means an area that is altered as a result of clearing, grading, and/or
excavation.
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"Environmentally Sensitive Area" (`BSA") means an area in which plant or animal life
or their habitats are either rare or especially valuable because of their special nature or role in an
ecosystem and which would be easily disturbed or degraded by human activities and
developments (California Public Resources Code § 30107.5). Areas subject to storm water
mitigation requirements are areas designated as Significant Ecological Areas by the County of
Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of
Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by
the California Department of Fish and Game's Significant Natural Areas Program, provided that
area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan
as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area
identified by the City as environmentally sensitive.
"Inspection" means entry and the conduct of an on-site review of a facility and its
operations, at reasonable times, to determine compliance with specific municipal or other legal
requirements. The steps involved in performing an inspection, include, but are not limited to:
1. Pre -inspection documentation research;
2. Request for entry;
3. Interview of facility personnel;
4. Facility walk-through.
5. Visual observation of the condition of facility premises;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit conference (to discuss preliminary evaluation); and,
9. Report preparation, and if appropriate, recommendations for coming into
compliance.
"Maximum Extent Practicable (MEP)" means the standard for implementation of storm
water management programs to reduce pollutants in storm water, including management
practices, control techniques and system, design and engineering methods, and such other
provisions as the Administrator or the State determines appropriate for the control of such
pollutants. See also State Board Order WQ 2000-11 at page 20.
"Planning Priority Projects" mean those projects that are required to incorporate
appropriate storm water mitigation measures into the design plan for their respective project,
including:
1. Ten (10) or more unit homes (includes single family homes, multifamily homes,
condominiums, and apartments);
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2. A One Hundred -Thousand (100,000) or more square feet of impervious surface
area industrial/commercial development; after March 10, 2003, one acre or more
of impervious surface area industrial/commercial development;
3. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539);
4. Retail gasoline outlets;
5. Restaurants (SIC 5812);
6. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25
or more parking spaces;
7. Redevelopment projects in subject categories that meet Redevelopment
thresholds;
S. Projects located in or directly adjacent to or discharging directly to an ESA, which
meet the thresholds described herein; and
9. Those projects that require the implementation of a site-specific plan to mitigate
post -development storm water for new development not requiring a SUSMP but
which may potentially have adverse impacts on post -development storm water
quality, and where the following project characteristics exist:
(a) Vehicle or equipment fueling areas;
(b) Vehicle or equipment maintenance areas, including washing and repair;
(c) Commercial or industrial waste handling or storage;
(d) Outdoor handling or storage of hazardous materials;
(e) Outdoor manufacturing areas;
(f) Outdoor food handling or processing;
(g) Outdoor animal care, confinement, or slaughter; or
(h) Outdoor horticulture activities."
"Project" means all development, redevelopment, and land disturbing activities.
"Runoff' means any runoff including storm water and dry weather flows from a drainage
area that reaches a receiving water body or subsurface. During dry weather it is typically
comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance
flows.
"Significant Redevelopment" means 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."
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"Site" means the land or water area where any "facility or activity" is physically located
or conducted, including adjacent land used in connection with the facility or activity.
"Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in
24 hours unless specifically stated otherwise.
Section 4. Section 8.12.1640 of the Diamond Bar Municipal Code is hereby amended
to substitute the following definitions for and in place of the existing definitions, as follows:
"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 or greater
and where grading contemplates cut or fill slopes.
"Illicit discharge" means any discharge to the storm drain system that is prohibited under
local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge
includes all non -storm water discharges except discharges pursuant to a separate NPDES permit,
discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges
authorized by the Regional Board Executive Officer.
"Municipal NPDES permit" means the "Waste Discharge Requirements for Municipal
Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the
Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES
Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water
Quality Control Board — Los Angeles Region, and any successor permit to that permit.
"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.
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 safety.
"Restaurant" means a 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).
Section 5. The definition of the term "Automotive Repair Shop" set forth in Section
8. 12.1640 of the Diamond Bar Municipal Code is hereby repealed and the following new
definition is hereby added in its place to read as follows:
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"Automotive Service Facilities" 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).
Section 6. Section 8.12.1660(x) of the Diamond Bar Municipal Code is amended to
read as follows:
"(a) Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue
illicit connections to the municipal storm water system, or to commence or continue any illicit
discharges to the municipal storm water system. This prohibition against illicit connections is
expressly retroactive and applies to connections made in the past but excludes improvements to
real property permitted over which uncontaminated storm water runoff flows."
Section 7. Section 8.12.1660(d)(4) of the Diamond Bar Municipal Code is hereby
amended to read as follows:
"4. Discharges of untreated runoff to the MS4 from storage areas of materials containing grease,
oil, or other hazardous substances (e.g. motor vehicle parts), and uncovered receptacles
containing hazardous materials;"
Section 8. Section 8.12.1660(d)(5) of the Diamond Bar Municipal Code is hereby
amended to read as follows:
"5. The discharge of chlorinated/brominated swimming pool water and filter backwash;"
Section 9. Section 8.12.1660(d)(8) of the Diamond Bar Municipal Code is hereby
amended to read as follows:
"(8) Discharges from the washing out of concrete or cement -laden wash water from
concrete trucks, pumps, tools, and equipment;"
Section 10. Sections 8.12.060(d)(11) and 8.12.060(d)(12) are hereby added to Chapter
8.12 of the Diamond Bar Municipal Code to read as follows:
"(11) Discharge of any food or food processing wastes; and
(12) Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and
other materials that have potential adverse impacts on water quality."
Section 11. Section 8.12.1660(f) is hereby added to Chapter 8.12 of the Diamond Bar
Municipal Code to read as follows:
"(f) Industrial Activities. No person shall conduct any industrial activity in the city without
obtaining all permits required by state or federal law, including a NPDES general industrial
activity storm water permit when required. Persons conducting industrial activities within the
city shall refer to the most recent edition of the Industrial/Commercial Best Management
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Practices Handbook, produced and published by the Storm Water Quality Task Force, for
specific guidance on selecting best management practices for reducing pollutants in storm water
discharges from industrial activities.
Section 12. The preamble of Section 8.12.1680 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
"Owners and occupants of property within the city shall implement Best Management Practices
to prevent or reduce the discharge of pollutants to the municipal storm water system to the
maximum extent practicable. Treatment and structural Best Management Practices shall be
properly operated and maintained to prevent the breeding of vectors. Implementation includes,
but is not limited to:"
Section 13. Existing Section 8.12.1680(b) of the Diamond Bar Municipal Code is
hereby amended by adding the following sentence to the end of the subparagraph:
" Sweeping and collection of debris is encouraged for trash disposal."
Section 14. Existing Section 8.12.1690 of the Diamond Bar Municipal Code is hereby
amended to designate the existing provision as subparagraph "(a)" and to add subparagraphs (b),
(c) and (d) to read as follows:
"(a) Each industrial discharger, discharger associated with construction activity, or other
discharger described in any general storm water permit addressing such discharges, as may be
issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board,
or the Regional Board, shall comply with all requirements of such permit. Each discharger
identified in an individual NPDES permit shall comply with and undertake all activities required
by such permit. Proof of compliance with any such permit may be required in a form acceptable
to the Authorized Enforcement Officer prior to the issuance of any grading, building or
occupancy permits, or any other type of permit or license issued by the city.
(b) 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 shall apply to all 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:
(1) Sediment, construction wastes, trash and other pollutants from construction activities
shall be reduced to the maximum extent practicable.
(2) 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.
(3) Between October 1 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
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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.
(4) 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 system.
(5) 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.
(6) Erosion from slopes and channels must be controlled through the effective combination
of Best Management Practices.
(c) The owner or authorized representative of the owner must certify in a form acceptable to the
Director or duly authorized representative that Best Management Practices to control runoff from
construction activity at all construction sites will be implemented prior to the issuance of any
Building or Grading permit,
(d) A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for
construction sites one acre or greater shall be developed consistent with the municipal NPDES
permit. Such plans must be submitted to the city for review and approval prior to the issuance of
building or grading permits."
Section 15. Existing Section 8.12.1695(a) of the Diamond Bar Municipal Code is
hereby amended to read as follows:
"(a) Projects Requiring a SUSMP. The following projects for New Development and
Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City,
shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the
current Municipal NPDES Permit:
(1) Ten or more unit homes (includes developments of single family homes,
condominiums and apartments);
(2) A One Hundred Thousand (100,00) or more square feet of impervious surface
area industrial/commercial development; after March 10, 2003, one acre or more
of impervious surface area industrial/commercial development;
(3) Automotive Service facilities (STC 5013, 5014, 5542, 7532-7534 and 7536-7539);
(4) Retail gasoline outlets;
(5) Restaurants (SIC 5812);
(6) Parking lots Five Thousand (5,000) square feet or more of surface area or with --
twenty-five (25) or more parking spaces;
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(7) Redevelopment projects in subject categories that meet Redevelopment
thresholds;
(8) Any New Development or Redevelopment project located in or directly adjacent
to or discharging directly into an Environmentally Sensitive Area (as defined
herein), where the development will:
i. Discharge storm water and urban 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."
Section 16. Existing Section 8.12.1695(b) of the Diamond Bar Municipal Code is
hereby amended to read as follows:
"(b) Incorporation of SUSMP into Project Plans.
(1) An applicant for a Ntw 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 ("SWMP"), 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 (including, as applicable, post -
construction Treatment Control BMP's) set forth in project plans shall meet the
design standards set forth in the SUSMP and the current Municipal NPDES
Permit.
(2) 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.
(3) A new single-family hillside home development or Redevelopment 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.
In
(4) Numerical Design Criteria: Post -construction Treatment Control BMPs for all
projects must incorporate, at a minimum, either a volumetric or flow based
treatment control design standard, or both, as identified below to mitigate
(infiltrate, filter or treat) storm water runoff:
a. Volumetric Treatment Control BMP
1. The 85th percentile 24-hour runoff event determined as the
maximized capture storm water volume for the area, from the
formula recommended in Urban Runoff Quality Management,
WEF Manual of Practice No. 23/ ASCE Manual of Practice No.
87, (1998); or
2. The volume of annual runoff based on unit basin storage water
quality volume, to achieve 80 percent or more volume treatment by
the method recommended in California Stormwater Best
Management Practices Handbook — Industrial/ Commercial,
(1993); or
3. The volume of runoff produced from a 0.75 inch storm event, prior
to its discharge to a storm water conveyance system; or
4. The volume of runoff produced from a historical -record based -----
reference 24-hour rainfall criterion for "treatment" (0.75 -inch
average for the Los Angeles County area) that achieves
approximately the same reduction in pollutant loads achieved by
the 85th perccntile 24-hour runoff event.
b. Flow Based Treatment Control BMP
The flow of runoff produced from a rain event equal to at least 0.2
inches per hour intensity; or
2. The flow of runoff produced from a rain event equal to at least two
times the 85th percentile hourly rainfall intensity for Los Angeles
County; or
3. The flow of runoff produced from a rain event that will result in
treatment of the same portion of runoff as treated using volumetric
standards above.
(5) Applicability of Numerical Design Criteria: The numeric design criteria listed
above shall apply to the following categories of projects required to design and
implement post -construction treatment controls to mitigate storm water pollution:
a. Single-family hillside residential developments of one (1) acre or more of
surface area;
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b. Housing developments (including single family homes, multifamily
homes, condominiums, and apartments) of ten (10) units or more;
C. A 100,000 square feet or more impervious surface area industrial/
commercial development; after March 10, 2003, one acre or more of
impervious surface area industrial/commercial development;
d. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and
7536-7539) [5,000 square feet or more of surface area];
C. Retail gasoline outlets (5,000 square feet or more of impervious surface
area and with projected Average Daily Traffic (ADT) of 100 or more
vehicles). [Subsurface Treatment Control BMP's which may endanger
public safety (i.e., create an explosive environment) are considered not
appropriate];
f. Restaurants (SIC 5812) [5,000 square feet or more of surface area];
g. Parking lots 5,000 square feet or more of surface area or with 25 or more
parking spaces;
h. Projects located in, adjacent to or discharging directly to an
Environmentally Sensitive Area that meet threshold conditions identified
above in Section S(a); and
i. Redevelopment projects in subject categories that meet Redevelopment
thresholds.
(6) The following categories of Projects which otherwise do not require a
SUSMP, but which may potentially have adverse impacts on post -development
storm water quality, shall be designed to include post -construction Treatment
Controls to mitigate storm water pollution and the implementation of site-
specific plan to mitigate post -development storm water for New Development and
Redevelopment where one or more of the following Project characteristics exist:
a. Vehicle or equipment fueling areas;
b. Vehicle or equipment maintenance areas, including washing and repair;
C. Commercial or industrial waste handling or storage;
d. Outdoor handling or storage of hazardous materials;
C. Outdoor manufacturing areas;
f. Outdoor food handling or processing;
g. Outdoor animal care, confinement, or slaughter; or
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h. Outdoor horticulture activities.
(7) A SUSMP, or site-specific requirements, including post -construction storm
water mitigation, shall be required for all Planning Priority Projects (as defined
herein) that undergo Significant Redevelopment (as defined herein) in their
respective categories.
(8) Existing single family structures are exempt from the Redevelopment
requirements set forth in this Chapter."
Section 17. Existing Section 8.12.1695(c) of the Diamond Bar Municipal Code is
hereby amended to read as follows:
"(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 Authorized Enforcement Officer confirms that the project plans comply
with the applicable stormwater mitigation plans and enumerated design criteria
requirements. Where Redevelopment results in an alteration to more than fifty percent
(50%) of impervious surfaces of a previously existing development, and the existing
development was not subject to post -development storm water quality control
requirements, the entire Project must be mitigated. Where Redevelopment results in an
alteration to less than fifty percent (50%) of impervious surfaces of a previously existing
development, and the existing development was not subject to post -development storm
water quality control requirements, only the alteration must be mitigated, and not the
entire development. Existing single family structures are exempt from the redevelopment
requirements."
Section 18. Section 8.12.1700(h) is hereby added to Chapter 8.12 of the Diamond Bar
Municipal Code to read as follows:
"(h) Authority to Conduct Samplings and Establishing Sampling Devices. With the
consent of the owner or occupant or pursuant to an inspection warrant, any authorized
enforcement officer may establish on any property such devices as necessary to conduct
sampling and monitoring activities necessary to determining the concentrations of pollutants in
stormwater and/or non-stormwater runoff. The inspections provided for herein may include'but
are not limited to:
(1) Inspecting efficiency or adequacy of construction or post construction BMPs;
(2) Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and
or treatment system discharges;
(3) 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;
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(4) 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 and obtaining copies of such records as necessary;
(5) Identifying points of stormwater discharge from the premises whether surface or
subsurface and locating any illicit connection or discharge."
Section 19. 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.
Section 20. Declaration of Urgency. This Ordinance is an urgency ordinance for the
immediate preservation of the public health, safety and welfare and therefore shall become
effective immediately upon its adoption pursuant to Government Code section 36937. This
Ordinance must be adopted and must become effective immediately in order to ensure
compliance with the storm mitigation measures prescribed in the new Municipal NPDES Permit
adopted by the Regional Water Quality Control Board (RWQCB) in December 2001 as part of
the municipal storm water program to address storm water pollution from new development and
redevelopment by the private sector. The City is required by the new Municipal NPDES Permit
to modify its existing SUSMP ordinances or resolutions by August 1, 2002, to take effect no later
than September 2, 2002. Failure to comply with that deadline could jeopardize the City's
Compliance with the Permit. Accordingly, it is necessary for the protection of the public health,
safety and welfare that this Ordinance become effective immediately.
PASSED, APPROVED AND ADOPTED this 20thdayof August , 2002
ATTEST:
Cit Clerk, Lynda Burgess
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MAYOR, WEN P. CHA G
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Ordinance was introduced at a regular meeting of the City
Council of the City of Diamond Bar held on the 6th day of
Aucrust 200rand was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on ani -r day of augusi- ,
2002, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Huff, zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
F
t
L nda Burgess, City Clerk
City of Diamond Bar