Ordinance - 2262ORDINANCE NO.2262
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING SECTION 9-36 OF ARTICLE II OF
CHAPTER 9 OF THE WEST COVINA MUNICIPAL CODE RELATING
TO STORMWATER AND URBAN RUN-OFF POLLUTION CONTROL
WHEREAS, on November 8, 2012, the Los Angeles Regional Water Quality Control
Board (Regional Board) adopted Order No. R4-2012-0175, NPDES Permit No. CAS 004001, the
Municipal Separate Storm Sewer Permit for Los Angeles County ("MS4 Permit"). Under orders
from the Regional Board, the MS4 permit among other things, requires municipalities in Los
Angeles County to adopt a Low Impact Development ("LID") ordinance and a "Green Street"
policy; and
WHEREAS, the City already possesses adequate legal authority to compel compliance
with LID for project categories specified in the MS4 permit; and
WHEREAS, the MS4 permit allowed the permittees to prescribe non -infiltration
controls to reduce pollutants; and
WHEREAS, the Regional Board now requires the use of infiltration and other controls
that reduce runoff, and
WHEREAS, the Regional Board also now installation of source controls such as
properly designed trash enclosures and other BMPs that operate to prevent stormwater contract
with materials containing pollutants stored outdoors
NOW, THEREFORE, the City Council of the City of West Covina, California, does
ordain as follows:
SECTION 1. Paragraphs (a) and (b) of Section 9-36 of the West Covina Municipal
Code are hereby stricken in its entirety and replaced by the following;
(a). Standard Urban Stormwater Mitigation Plan
Subject new development and redevelopment projects are required to comply with
Standard Urban Stormwater Mitigation Plan ("SUSMP") conditions assigned by the City
that shall consist of. (1) low impact development ("LID") structural and non-structural
best management practices ("BMPs"); (2) source control BMPs; and (3) structural and
non-structural BMPs for specific types of uses. LID controls effectively reduce the
amount of impervious area of a completed project site and promote the use of infiltration
and other controls that reduce runoff. Source control BMPs prevent runoff contact with
pollutant materials that would otherwise be discharged to the MS4. Specific structural
controls are also required to address pollutant discharges from certain uses including, but
not limited to, housing developments, retail gasoline outlets, automotive -related facilities,
restaurants, and : industrial and commercial facilities where pollutant materials are
disposed, stored, or handled.
(b). Standard Urban Stormwater Mitigation Plan Review and Approval
An applicant for a subject new development or a redevelopment project shall incorporate
into the applicant's project plans a SUSMP plan subject to City review and approval.
(c). California Environmental Quality Act ("CEQA")
Any project that pis subject to CEQA review, but is not specified in a redevelopment or
development project category, may be required to comply with any of the SUSMP
requirements at the City's discretion.
(d). Stormwater Management Program and Watershed Management Program
The City's Stormwater management program ("SWMP") plan or watershed management
program ("WMP") plan, whichever is in effect at the time of review, shall contain
specific conditions and procedures for meeting Planning Land Development and SUSMP
requirements. The program plans shall contain guidance documents to facilitate
Ordinance No. 2262
Page 2
compliance including, but not limited to, an updated SUSMP guidance manual, a LID
impact design manual, and United States Environmental Protection Agency's Green
Street guidance manual.
(e). Certificate of Occupancy
As a condition for issuing a Certificate of Occupancy for new development or
redevelopment project identified in subsection (a) of this Section, the authorized
enforcement officer (City Engineer, or his/her designee) shall require facility operators or
owners to: 1) build all the stormwater pollution control Best Management Practices and
structural or treatment control BMPs as shown on the approved project plans; and 2)
submit a signed statement that the site and all structural or treatment control BMPs will
be maintained in compliance with the SUSMP and other applicable regulatory
requirements.
(f). Transfer of Properties
i. The transfer or lease of a property subject to a requirement for maintenance of structural
and treatment control BMPs shall include conditions requiring the transferee and its
successors and assigns to either: (i) assume responsibility for maintenance of any
existing structural or treatment control BMP; or (ii) replace existing structural or
treatment control BMPs with new control measures or BMPs 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 BMPs at least once a year and retain proof of
inspection.
ii. For residential properties where the structural or treatment control BMPs 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&Rs). Printed educational material shall
accompany the first deed transfer to highlight the existence of the requirement and
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.
iii. If structural or treatment control BMPs are located within an area proposed for
dedication to a public agency, the BMPs are the developer's responsibility until the
dedication is accepted.
SECTION 2. That the City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
APPROVED AND ADOPTED on this 15t' day of July 2014.
Mayor Ste erfert
N
Ordinance No. 2262
Page 3
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the I` day of July 2014. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 151" day of July
2014, by the following vote:
AYES:
Sykes, Toma, Warshaw, Herfert
NOES:
Spence
ABSENT:
None
ABSTAIN:
None
City Clerk Ni
APPROVED AS TO FORM:
C ty Attorney #Ymold Alvarez-Glasman
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. �Z Z��— was duly enacted
and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3ra floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted:-71al/-,q- 0/4