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ORDINANCE NO. 1082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY ADDING ARTICLE V TO CHAPTER 21
OF SAID CODE TO ADOPT BY REFERENCE THE STANDARD
URBAN STORM WATER MITIGATION PLANS OF THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS
ANGELES REGION AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, on December 7, 1993, the City Council of the City of
Vernon approved and adopted Resolution No. 6366, whereby it became a
co-permittee under the National Pollutant Discharge Elimination System
("NPDES") Permit issued to the County of Los Angeles ("the Permit");
and
WHEREAS, this action was taken in order to meet California
Regional Water Quality Control Board discharge requirements for storm
water and urban runoff; and
WHEREAS, the Permit was superceded by NPDES Permit No.
CAS614001, issued on July 15, 1996 pursuant to Order No. 96-054 of the
California Regional Water Quality Control Board, Los Angeles Region;
and
WHEREAS, on March 8, 2000, the Executive Officer of the
California Regional Water Quality Control Board for the Los Angeles
Region issued a Final Approved Standard Urban Storm Water Mitigation
Plan for Los Angeles County and Cities in Los Angeles County (the
"SUSMP"), which was modified on October 5, 2000, setting forth the
requirements to be implemented by all jurisdictions discharging storm
water under the NPDES Permit for Municipal Storm Water and Urban
Runoff Management Programs in Los Angeles County; and
WHEREAS, the Regional Board is requiring all permittees under
1 the Permit to amend their codes and promulgate ordinances by no later
2 than January 15, 2001, to give legal effect to the SUSMP requirements;
3 and
4 WHEREAS, the City of Vernon is required to adopt a SUSMP
5 ordinance to take effect by February 15, 2001, in order to have legal
6 authority to implement the SUSMP; and
7 WHEREAS, the City of Vernon as a permittee under the NPDES
8 Permit is required by federal and state law to implement all
9 requirements of the Permit, including the SUSMP; and
10 WHEREAS, the City of Vernon has authority under Article XI,
11 Section 7 of the California Constitution to adopt ordinances needed to
12 implement these requirements; and
13 WHEREAS, the City Council is authorized pursuant to Section
14 50022.2. et seq. of the California Government Code to adopt model
15 codes and other uniform codes by reference; and
16 WHEREAS, pursuant to'Vernon City Code Charter Section 4.5,
17 detailed regulations pertaining to any subject, model codes, and
18 codifications of ordinances of other public agencies may be adopted by
19 reference, in their original form, with the same effect as an
20 ordinance; and
21 WHEREAS, the City of Vernon also has authority under the
22 California Water Code to adopt and enforce ordinances conditioning,
23 restricting, and limiting activities that might degrade the quality of
24 the waters of the State of California; and
25 WHEREAS, Chapter 21 of the Code of the City of Vernon
26 pertains to sewers and storm drains; and
27 WHEREAS, the City Council has determined that certain changes
281 to existing City ordinances are necessary in order to implement the
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SUSMP; and
WHEREAS, the City's Storm Water Management Program consists
of the following five elements:
• Public Education, which was approved by Resolution No.
7142 adopted by the City Council on June 23, 1998;
• Development Planning;
• Development Construction, which was approved by Resolution
No. 7465 adopted by the City Council on December 21, 1999;
• Public Agency Activities;
• Illicit Connections/Illicit Discharge Elimination, which
was approved by Resolution No. 7465 adopted by the City
Council on December 21, 1999.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends the Code of the City of Vernon, California, 1959, by adding
Article V to Chapter 21, Standard Urban Storm Water Mitigation Plan
Implementation, of the Code of the City of Vernon, California, 1959,
as set forth in Exhibit "A" which is attached hereto and made a part
hereof by reference, to take effect on February 15, 2001, and to apply
only to those projects submitted to the City for discretionary
approval on and after the effective date of this Article.
SECTION 3: Where provisions of the SUSMP requirements in
Article V conflictwith established codes, the City may continue its
local practice and modify the SUSMP to be consistent with the code.
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1 SECTION 4: If any section, subsection, sentence, clause,
2 phrase or word of this Ordinance is for any reason held to be void or
3 unconstitutional, such decision shall not affect the validity of the
4 remaining portions of this Ordinance; it being the intention of the
5 City Council of the City of Vernon to pass and adopt this Ordinance
6 and each section, subsection, sentence, clause or phrase thereof
7 irrespective of the fact that one or more of the sections,
8 subsections, clauses, sentences or phrases thereof may be declared to
9 be invalid or unconstitutional.
10 SECTION 5: There being no newspaper printed, published or
11 circulated in the City of Vernon, the City Clerk is hereby directed to
12 certify to the passage of this Ordinance and shall post the same, or
13 cause the same to be posted, within fifteen (15) days after its
14 passage in accordance with Section 36933 of the Government Code, in
15 three (3) of the most public places in the City of Vernon, to wit: the
16 northwest corner of 38th Street and Santa Fe Avenue, the northeast
17 corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
18 board in the lobby of the City Hall of said City, located at 4305
19 Santa Fe Avenue, all in the City of Vernon., County of Los Angeles,
20 State of California.
21 SECTION 6: This Ordinance shall be in full force and effect
22 thirty (30) days from and after its passage of the same.
23 APPROVED AND ADOPTED this r� day of January, 2001.
24
EONIS C. MALkURG, Mayor
25 ATTEST:
26
27 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1082,
was duly and regularly introduced at a regular meeting of the City
Council of the City of Vernon, held on Tuesday, December 19, 2000, and
thereafter finally adopted at an adjourned regular meeting of'said
City Councilheldon Wednesday, January 3, 2001, and thereafter was
duly signed by the Mayor of the City of Vernon, by the following vote:.
AYES: Councilmen: Malburg, Ybarra, Davis, Gonzales,
McCormick.
NOES: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT A
CHAPTER 21
SEWERS AND STORM DRAINS
ARTICLE V. Standard Urban Storm Water Mitigation
Plan Implementation
Sec. 21.26. Limits of Article.
(a) It is the City's intent that if the March 8, 2000 Standard
Urban Storm Water Mitigation Plan for Los Angeles County and Cities in
Los Angeles County ("SUSMP"), as modified by the October 5, 2000 State
Water Resources Control Board Order WQ 2000-11, is further modified,
than such modification shall be effective as of the date of the
modification, or, if it is found to be invalid by the State Water
Resources Control Board or by a court of law, this article shall be of
no further force or effect.
(b) In the event that permittees are given any discretion in the
selection, implementation or enforcement of the SUSMP requirements, the
City reserves its right to exercise such discretion through the passage
of an ordinance or resolution.
(c) Nothing in this article shall be interpreted to:
(1) infringe any right or power guaranteed by the California
Constitution, including any vested property right; or
(2) require any action inconsistent with any applicable and
lawfully adopted General Plan, Specific Plan, Plan Amendment, or
Building Code that conforms to the laws of California and the
requirements of this article; or
(3) restrict otherwise lawful land use except as authorized
by the laws of California, subject to the limitations of this article.
EXHIBIT "A"
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ISec. 21.27.
Scope of Article.
This article shall take effect on February 15, 2001, and shall
apply only to approval of discretionary (within the meaning of the
California Environmental Quality Act, Public Resources Code §§ 21000 et
seg.) New Development or Redevelopment projects in the following
categories (as those terms are defined in this article) submitted to
the City for discretionary approval on or after the effective date of
this article:
9 (a) Single-family residences on graded Hillside sites;
10 (b) 100,000 square foot Commercial Developments;
11 (c) Automotive Repair Shops (SIC codes 5013, 5014, 5541, 7532-
12 7534, 7536-7539);
13 (d) Restaurants (SIC code 5812);
14 (e) Home subdivisions of (10) or•more dwelling units;
15 (f) -Parking Lots 5,000 square feet or more or with 25 or more
16 parking spaces and potentially exposed to storm water runoff, as
17 defined in this article.
18 sec. 21.28. Incorporation by Reference.
19 (a) The "DEFINITIONS" and "REQUIREMENTS" provisions of paragraphs
20 1 through 14 of the "STANDARD URBAN STORM WATER MITIGATION PLAN FOR LOS
21 ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY- approved by the
22 Executive Officer of the California Regional Water Quality Control
23 Board for the Los Angeles Region, on March 8, 2000, as modified by the
24 State Water Resources Control Board in order WQ 2000-11, October 5*'
25 2000, are incorporated in this article by reference and shall have the
26 same force and effect as if set forth fully in this article.
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EXHIBIT "A"
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(b) The requirements set forth in paragraphs l through 14 of the
"STANDARD URBAN STORM WATER MITIGATION PLAN FOR LOS ANGELES COUNTY AND
CITIES IN LOS ANGELES COUNTY" approved by the Executive Officer of the
California Regional Water Quality Control Board for the Los Angeles
Region, on March 8, 2000, as modified by the State Water Resources
Control Board in Order WQ 2000-11, as applicable, shall apply to
projects subject to this article.
Sec. 21.29. Waiver.
(a) Any person required under this article to implement a
Structural or Treatment Control Best Management Practice may petition
to the City Council to waive that requirement as impractical, provided
the petition has in good faith considered and rejected as feasible all
such practices available.
(b) The City Administrator, or the City Administrator's designee,
may waive a Structural or Treatment Control Best Management Practice as
impractical if:
(1) inadequate space for treatment exists on a redevelopment
project; or
(2) soil conditions strongly disfavor the use of
infiltration; or
(3) the natural land surface where the Best Management
Practice would be located lies:
(A) above a known unconfined aquifer; or
(B) less than ten (10) feet above an existing or
potential sources of drinking water.
(c) Any petition for waiver not falling within the foregoing
categories shall be forwarded to the Regional Board for consideration.
EXHIBIT "A"
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)ss
CITY OF VERNON )
I Gloria J. Orosco, Chief Deputy City Clerk of the City of
Vernon do hereby certify that I did, on the OO of
', 2001 have posted three (3) copies of:
s;;' di nCe-No.. 1082-- An Ordinance Of The City Council
Of The City Of Vernon Amending The Code Of The City Of Vernon,
California, 1959, By Adding Article V To Chapter 21 Of Said Code
To Adopt By Reference The Standard Urban Storm Water Mitigation
Plans Of The California Regional Water Quality Control Board For
The Los Angeles Region And Repealing All Ordinances Or Part Of
Ordinances In Conflict Therewith.
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd; and on the bulletin board in
the lobby of the City Hall of the City of Vernon located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general c' culation pri ted and published in the City of Vernon.
Date:
Gloria J. O sco
Chief Deputy City Clerk
State of California )
County of Los Angeles)
On
nally appeared
before me, -S, upon JDl n Sal,
( name )
r`O 5 C o personally known
(name of
signatory)
or known to me on the basis of satisfactory evidence) to be the
person O whose name(O is are subscribed to the within
instrument and acknowledged to me that he she/they executed the
same in his herd/their authorized capacity, and that by
his her their signature(O on the instrument the person(-O), or
the entity upon behalf of which the person(A) acted executed the
instrument.
�. • Z I up 101:. •
♦� L-
WITNESS my hand and official seal
i
March 27, 2001
Coded Systems
120 Main Street
Avon, New Jersey 07717
Attn: Michelle
Dear Mr. Michelle:
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Enclosed herewith are copies of Ordinance Nos. 1075, 1076, 1078,
1080 through 1082 to be incorporated into the Vernon Municipal
Code.
Prior to your final incorporation of this supplement, please FAX
or mail a draft for our review to ascertain that there are no
discrepancies between the actual ordinance and your
interpretation of same. we will notify you immediately if we
are in concurrence, or of any discrepancies.
After final review, forward 60 sets of the supplement to my
attention. If you have any questions, please do not hesitate to
contact me.
Very truly yours,
CITY OF VERNON
Gloria J. Orosco
Chief Deputy City Clerk
GJO/mt
enclosure