Resolution - 2013-70RESOLUTION NO. 2013-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
)VINA AFFIRMING ITS COMMITMENT TO THE IMPLEMENTATION
LOW IMPACT DEVELOPMENT AFFECTING NEW
WELOPMENTS AND A GREEN STREET POLICY IN ACCORDANCE
ITH THE LOS ANGELES COUNTY MUNICIPAL STORMWATER
WHEREAS, on November 8, 2012, the California Regional Water Quality Control Board,
Los Angeles Region (hereinafter "Regional Board") adopted Order No. R4-2012-0175, NPDES
Permit No. CAS 004001, the Municipal Separate Storm Sewer Permit for Los Angeles County
(hereinafter "MS4 Permit");
WHEREAS, among other things, the MS4 Permit requires the City of West Covina
(hereinafter "City") and other subject MS4 permittees to: (1) adopt an ordinance establishing legal
authority to require low impact development (hereinafter "LID") controls applicable to certain
development projects as a means of reducing pollutant discharges to receiving waters into which
the City discharges (viz., San Gabriel River); and (2) establish a "Green Street" policy to reduce
stormwater runoff discharges from municipal streets to receiving waters;
WHEREAS, the City has been requiring LID controls since 2006, which emphasize
infiltration to treat runoff from completed development projects, under the development planning
program's standard urban stormwater management (hereinafter "SUSMP) program -- a requirement
under the previous MS4 permit that is still in effect;
WHEREAS Chapter 9, Article II, Section 9-36, Control of Pollutants from New
developments/Redevelopment projects of the West Covina Municipal Code provides the City with
sufficient legal authority to compel compliance with post -construction LID requirements and
SUSMP requirements as the following indicates:
A. Prior to the construction of a new development or redevelopment project, the subject
project shall be evaluated for its potential to discharge pollutants to the M54, based on
its/intended land use and other considerations. Such evaluation shall be conducted in
accordance with development planning requirements established by the regional board
or its executive officer, pursuant to the municipal NPDES permit, as specified in the city's
stormwater quality management program, including any revisions made thereto.
B. O I ce a new development or redevelopment project has been evaluated for its potential to
discharge pollutants to the M54, the city shall require appropriate BMPs to be installed
during construction for implementation following project completion. The prescription of
such BMPs shall. be in keeping with development planning requirements established by
the regional board or its executive officer, pursuant to the municipal NPDES permit, as
specified in the city's stormwater quality management program, including any revisions
in, thereto.
WHEREAS, the City has met, since the adoption of the current Los Angeles County MS4
permit, LID requirements by conditioning subject projects to post -construction runoff pollution
controls including but not limited to bioswales; bioretention controls; porous pavers and pervious
concrete (but with an emphasis on vegetative controls using native plants to absorb stormwater
runoff wherever possible); and diverting roof top runoff to planters or other vegetative controls
and/or rain barrels for irrigation reuse, to the extent practicable;
WHEREAS, the City supports LID not only because of its positive impact on stormwater
quality and the receiving waters into which it discharges, but also because it facilitates watershed
conservation and aesthetically enhances the community;
County
techniq
HEREAS, the City shall continue to use LID guidance documents developed by the
Los Angeles, the City of Los Angeles, the California Association of Stormwater Quality
and USEPA to facilitate the preparation of an updated list of acceptable LID control
3 and strategies that are to be prescribed by the City and applied to subject projects at its
Resolution No. 2013-70
Page 2
discretion, taking into consideration such factors including but not limited to soil conditions,
previous project use, control performance, aesthetics, and cost;
EREAS, the City shall prepare updated LID fact sheets to inform developers and
of LID requirements which shall be prescribed by the City engineering staff prior to the
of grading plans;
WHEREAS, LID requirements shall be prescribed in addition to other requirements
associated with the development planning/SUSMP program based on project category and may be
required for other projects at the City's discretion;
EREAS, impacted City planning and engineering staff will be trained to identify
LID controls for certain project categories;
WHEREAS, by this resolution, the City intends to implement a Green Street program in
accordance with USEPA and other applicable guidelines through: (1) its current development
planning/SUSMP program and subsequent land use development program (which is intended to
replace the former when the City obtains approval from the Regional Board for its watershed
management program), that will require infiltration controls for private developments calling for
the construction of new streets 10,000 square feet or more; and (2) its public agency program for
public street projects that exceed this threshold;
LEAS, Green Street LID techniques shall be incorporated into the City's
planning program and triggered by residential, commercial, or industrial
that include streets 10,000 square feet or more;
WHEREAS, Green Street LID techniques shall also apply to the construction of any new
public street or roadway, as a capital improvement project, triggered by the 10,000 square foot
threshold and a capital cost exceeding $500,000.
WHEREAS, the City's selection of LID techniques shall generally include but not be
limited to bio-swales, bio-retention curb extensions and sidewalk planters, and permeable unit
pavers -- the selection of which shall depend on project location, soil conditions, average daily
traffic, and cost;
WHEREAS, impacted City staff shall be trained in Green Street LID techniques by June
30, 2014 and shall have available to it, by this time, guidance materials based on USEPA's
Managing Wet Weather with Green Structure, Municipal Handbook, Green Streets; and
WHEREAS, green controls for streets and roadways shall be designed to infiltrate, or treat
if infiltration is infeasible, the volume of runoff resulting from 85th percentile 24 hour storm to the
maximum extent practicable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina does hereby resolve the following:
SECTION 1. LID requirements specified in the Order shall be authorized under the City's current
municipals code and shall be implemented through the City's development planning program and
subsequently through the Land Development Planning.
SECTION 2. The Green Street Policy required by the Order shall be implemented through the
City's development planning/SUSMP program effective upon the adoption of this resolution and
shall be included as part of its Watershed Management Program.
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No. 2013-70
a
APPROVED AND ADOPTED on this 19th day of November, 2013.
He Carrico
I, LAURIiE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 19th day of November, 2013 by the following
vote of the City Council:
AYES: McIntyre, Sotelo, Sykes, Sanderson
NOES: None
ABSENT: Herfert
ABSTAIN: None
City Clerk Lauri Carrico
APPROVED AS TO FORM:
dtv Aitornev knold Alvarez-Glasman
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