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Lakewood City Zoning Code

PART 7

General Provisions Relating to Uses

§ 9370 Foregoing Regulations Subject to This Part.

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this part.

§ 9371 Temporary Real Estate Office.

[Amended by Ord. 81-16]
One temporary real estate office may be located on any new subdivision in any zone, provided that such office, if in an "R" zone, shall be removed at the end of two (2) years from the date of the recording of the map of the subdivision upon which said office is located. Said temporary real estate office shall be used only for the purpose of conducting the sale of lots of the tract upon which the temporary office is located and shall not be used for conducting a general real estate business. This section is in lieu of any other provisions of this Chapter and of Chapter 3.

§ 9372 Temporary Construction Buildings.

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on a construction project or tract, may be established and maintained in any zone on the property being developed during the progress of such construction on such project; provided that such temporary structure may not be maintained for a period exceeding one (1) year, excepting the Planning Commission may, in its discretion, extend said period for a period not exceeding one (1) year.

§ 9373 Vehicles - Off-Street Parking and Storage of Commercial Vehicles in the A, C, M and Open Space Zones.

[Added by Ord. 74-24]
No person shall park, place or store any commercial vehicle, or a vehicle with a maximum weight limit in excess of 6,000 lbs., including any part thereof, truck or trailer, on any property, other than a street, road or highway where permitted, and no person shall allow, authorize or permit such parking, placing or storage, except as follows:
A. 
Said vehicle, part or trailer is parked or stored or maintained in compliance with the zone regulations of said land, and on a permanently developed and maintained off-street parking area as defined in Section 9493.
B. 
Or such vehicle is parked while actually and continuously being loaded or unloaded, or when such vehicle is parked because its presence is in connection with and an aid in the performance of a service to or on said property, and the vehicle is parked, stored or maintained thereon for such time as is reasonably necessary to complete the permitted service.

§ 9373.1 Off-Street Parking and Storage of Motorized Recreational Vehicles, Trailers, Semi-Trailers and Commercial Vehicles on Properties Developed With Single-Family Residential Uses.

[Added by Ord. 2007-8]
This Section contains the rules governing the off-street parking and storage of motorized recreational vehicles, trailers and semi-trailers, as those terms are used in subsections Land R of Section 3251 of this Code, and commercial vehicles, on properties developed with single-family residential uses. In the event of any conflict between any provision contained in this Section and any other provision in this Code, the provision contained in this Section shall be controlling. However, this Section shall not be construed to allow parking or storage of any vehicle in any location on a single-family residential property which is not specifically allowed in this Section, and which is specifically prohibited by any provision located elsewhere in this Code. (As an example, no parking is allowed in a required front yard area.) On such properties, vehicles may be parked off-street as follows:
A. 
The parking or storage of motorized recreational vehicles, trailers or semi-trailers (collectively "such vehicles") shall be restricted to those vehicles which are operable, licensed to be driven on the street, and registered to the property on which such vehicles are parked or stored, unless otherwise authorized by law.
B. 
There shall not be a time limit on the parking or storage of any operable and licensed vehicle, in any location on residential properties where parking or storage is allowed, pursuant to this Section or any other provision contained in this Code.
C. 
Any such vehicle may be parked or stored in a driveway leading to a detached garage at the rear of a property, provided that it does not encroach within 16 feet of the front property line.
D. 
Any such vehicle may be parked or stored in a driveway leading to an attached one or two-car garage, provided that it does not encroach into the public right-of-way, and that it is parked or stored in such a manner that it allows at least one off-street parking space on the driveway for a passenger automobile.
E. 
On a corner lot, any such vehicle may be parked or stored in the side or rear yard facing a street, without being screened by a fence, provided that it is parked entirely on a paved surface, and that it does not encroach into the public right-of-way. The storage of camper shells, camper slide-ins, camper bodies and similar items in such area requires screening by a solid fence at least 5½ feet in height.
F. 
In a rear yard, such vehicles, and camper shells, camper slide-ins, camper bodies and similar items, may be stored without being screened by a fence, and without limitation on number or variety. On an interior lot, in a side yard, any such vehicle may be stored, provided that it is parked entirely on a paved surface, or screened by a solid fence at least 5½ feet in height. The storage of camper shells, camper slide-ins, camper bodies and similar items in such area requires screening by a solid fence at least 5½ feet in height.
G. 
Any such vehicle may be parked temporarily, in a driveway, where otherwise not allowed, for the purpose of loading or unloading, for a period not exceeding 72 hours, provided that it does not encroach into the public right-of-way.
H. 
Any trailer or semi-trailer parked off-street shall have its wheels appropriately secured to prevent it from rolling while it is unattended.
I. 
For the purposes of this Section, "driveway" shall include any paved area between an existing driveway leading to the required off-street parking area and the nearest property line; "paved" shall be deemed to include pavers.
J. 
The following types of licensed, operable commercial vehicles may be parked off-street, only in areas in which parking is allowed, provided that a commercial vehicle is either registered to the property at which it is parked, or associated through employment with an occupant of such property:
1. 
Motorized commercial vehicles with a curb weight (excluding passengers or loads) not exceeding 6,000 pounds; and
2. 
Trailers with a curb weight not exceeding 2,500 pounds and a length not exceeding 20 feet.
K. 
The terms and descriptions contained in this Section correspond to the drawings and other information contained in the materials provided to the City Council in conjunction with the adoption of the Ordinance enacting this Section, copies of which materials are available in the office of the Director of Community Development.
L. 
A Lakewood resident may apply for a permit to allow the parking of a vehicle in an off-street location in which parking is otherwise not allowed by this Section, pursuant to the process, and subject to the criteria, established by the City Council.

§ 9373.7 Vehicles in R-1, R-A, and M-F-R Zones.

[Amended by Ord. 475; Ord. 505; Ord. 84-1; Ord. 2007-8]
Except as provided in Section 9373.1, no vehicle or part thereof, including body parts, trailer bodies or camper bodies, or parts thereof, shall be parked, stored or maintained in the front yard, or the side yard of corner lots, as defined in Sections 9322.5.B, 9326.7.B, and 9332.C of the R-1, R-A, and M-F-R zones, except:
A. 
Motor vehicles of the passenger automobile variety, provided that the same are parked, stored or maintained in an access driveway designed and intended to be used to provide ingress and egress from a public or private right-of-way to the required automobile parking space, and where the same at all times are licensed for operation on the streets of the State of California, capable of self-propulsion.
B. 
The parking of vehicles in the front or side yard area for the purpose of making pickup or delivery of goods, wares, merchandise or materials from or to any building or structure located on such residential lot or for the purpose of delivering materials to be used in the repair, alteration, remodeling or construction of any buildings or structure upon any such residential lot.
C. 
Any vehicle owned or operated by a public utility while necessary in use in the construction, installation or repair of any public utility.
The term "vehicle" as used herein means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

§ 9373.8 Bomb or Fallout Shelters.

[Added by Ord. 271]
The plans of each proposed bomb or fallout shelter shall be submitted to the Building Department at the time of the application for Building Permit. The plan shall clearly indicate all structural, construction and installation requirements of the building, health, plumbing and electrical code, and shall in addition indicate entrances and exits to and from said shelter as well as screening or other surface construction in relation to said shelter. The Building Department may issue other surface construction in relation to said shelter. The Building Department may issue Building Permits for bomb or fallout shelters complying with the foregoing provided that:
A. 
The entrance or exit to and from the shelter is not within the front yard area and the side yard area on the corner lots;
B. 
Any vents are not located within the front yard area and the side yard area on corner lots; and
C. 
Where the shelter is constructed beneath the front yard area, entrances and vents not only shall be located out of the front yard area and the side yard area on corner lots, but shall be screened with shrubs, wall or fencing from direct view of the street on which the front yard or corner side yard fronts.
The Planning Commission may, in its discretion, in a proper case, modify or waive any or all of the aforementioned requirements contained in Subparagraphs A, B, or C.

§ 9374 Future Streets.

[Added by Ord. 306]
Where future street lines have been established by a Master or General Plan, no building or structure shall be erected within the future street line. Where future street lines have been adopted pursuant to a Master or General Plan, said future street lines shall be used in determining lot lines for the purposes of this Chapter. The application of this section to any person may be waived by the Planning Commission upon a showing that the waiver thereof will not materially affect putting into effect the Master Plan.

§ 9375 Walls Abutting R-1 and R-A Property.

[Added by Ord. 392]
Where property in any zone other than R-1 and R-A sides or rears on the property line of an adjoining R-1 or R-A lot or parcel, a reinforced six-foot block or masonry wall shall be erected and maintained along the line of such lot adjoining said R-1 or R-A lot, except where a building, otherwise authorized, is erected and maintained on said property line. No such wall shall exceed forty-two inches, however, in the required front yard set-back, if any.

§ 9376 Air Conditioners, Mechanical Equipment and Machinery Noise in Residential Areas.

[Added by Ord. 72-14]
No person within any area of the City zoned for residential use or any area adjacent thereto shall own, possess, control, or maintain any machinery, equipment, pumps, fans, air conditioning or air-handling apparatus, or similar mechanical devices which cause the noise level at the property line of any property zoned for residential uses to exceed the sound pressure level permitted herein by more than five decibels. The production or maintenance of any sound in excess of said levels is hereby declared to be an unnecessary interference with the enjoyment of residential property and contrary to the public health and general welfare. The ownership, maintenance, operation, or control of any such machinery or equipment producing said excess sound pressure levels is hereby declared to be a public nuisance.

§ 9376.1 Same: Decibel Measurement Criteria.

[Added by Ord. 72-14]
The sound pressure level permitted herein shall be measured at any point on the property line of the residential property affected and is sixty decibels, reference 0.002 microbar, read on the A scale of a sound level meter. Reading shall be taken in accordance with the instrument manufacturer's instructions, using the slowest meter response, and as follows:
A. 
Placement of Measuring Microphone. Placement of the microphone can beat any point on the property line, but shall not be closer than three (3) feet from any wall and not less than three (3) feet above the ground where the above-listed maximum sound pressure level shall apply. At any point the measured level shall be the average of not less than three (3) readings, taken at two-minute intervals. To have valid readings, the levels must be five (5) decibels or more above the levels prevailing at the same point, excluding noise caused by the objectionable machinery.
B. 
Sound Level Meter Sound pressure levels shall be measured with a sound level meter manufactured according to U.S.A. Standard S1.4-1961, published by the United States of America Standards Institute, New York City, New York.

§ 9376.2 Same: Location of Mechanical Equipment.

[Added by Ord. 72-14]
No such sound producing machinery, equipment, pumps, fans, air conditioners, air handling apparatus, or similar mechanical devices shall be installed, located, or maintained in any residential zone unless so installed, or maintained in the manner or fashion determined by the Director of Community Development, or his authorized representative, as to not unreasonably interfere with the enjoyment or use of life and property in the vicinity, and provided, further, that the following minimum regulations are complied with:
A. 
Roof. No mechanical equipment, except wind turbines, shall be erected, constructed, placed or maintained on or upon the roof of any building or structure located in the R-1, R-A, or A zones, unless the roof structure is so designed as to provide for the inclusion of said equipment as an integral part of the structure, and said installation has been approved by the Development Review Board.
[Amended by Ord. 77-5]
B. 
Front Yard. Such unit may be located between a front lot line or side lot line and the nearest building on the lot, if the unit is screened and soundproofed to protect the surrounding properties from excessive noise or unsightly appearance.
C. 
Rear Yard. Such unit may be located within that area designated as the rear yard provided that it is not placed in the rear yard area of a corner lot parallel to and within twenty (20) feet of any lot line common to the required side yard of an abutting residential lot.
D. 
"Units" as used herein shall include all appurtenances, including ducts.

§ 9376.3 Same: Compliance.

[Added by Ord. 72-14]
No person shall fail to comply with any act or direction required by the Director of Community Development, or his authorized representative, in accordance with the aforementioned Sections, nor shall any person violate any of the provisions of the aforementioned Sections. The City Council further declares that the maintenance of any mechanical equipment or machinery in violation of any of the provisions of this Part is a public nuisance and may be subjected to abatement summarily, or by restraining order or injunction issued by a Court of competent jurisdiction. Notwithstanding any provision of this Chapter to the contrary, no use shall be maintained in violation of Section 9376, et seq., which constitutes a public nuisance and any use otherwise nonconforming under the provisions of this Chapter by reason of application of Section 9376, et seq., shall be made conforming within one year and under such conditions or directions as established by the Director of Community Development.

§ 9378 Marijuana Related Activities Prohibited.

[Amended by Ord. 2015-9]
A. 
Definitions. For the purpose of this Section the following definitions shall apply.
(1) 
MARIJUANA
Means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff, or any other ingestible or consumable product containing marijuana. "Marijuana" shall also include "medical marijuana" as that term is used in the "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use," issued by the Office of the Attorney General for the State of California (the "Guidelines), as such Guidelines may be amended from time-to-time, or subject to the provisions of the California Compassion Use Act of 1996, or the California Medical Marijuana Program Act, as either may be amended from time-to-time.
(2) 
MARIJUANA CULTIVATION
Means the growing, propagating, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
(3) 
MARIJUANA PROCESSING
Means any method used to prepare marijuana or its by-products for commercial retail and/or wholesale purposes, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and/or concentrates.
(4) 
MARIJUANA DELIVERY
Means the transfer of marijuana or its by-products to or from a dispensary, collective, cooperative, primary caregiver, qualified patient or testing laboratory. "Marijuana delivery" also includes the use by any aforesaid transferor or transferee of any technology platform that enables any such transfer.
(5) 
MARIJUANA DISPENSARIES
Means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective.
(6) 
MEDICAL MARIJUANA COOPERATIVE OR COLLECTIVE
Means any group that is cooperatively or collectively cultivating and/or distributing marijuana for medical purposes that is organized in the manner set forth in the Guidelines.
(7) 
MARIJUANA TESTING LABORATORY
Means a facility, entity, or site that offers or performs tests of marijuana or marijuana products that is both: (a) accredited by an accrediting body that is independent from all other persons involved in the medical marijuana industry in the state; and (b) registered with the State Department of Public Health.
(8) 
MARIJUANA TRANSPORTING
Means the transfer of marijuana or marijuana products from one location to any other location.
(9) 
MANUFACTURER
Means a person who conducts the production, preparation, propagation, or compounding of marijuana, or marijuana by-products either directly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or that packages or repackages marijuana or marijuana products or labels or relabels its container.
(10) 
TRANSPORTER
Means a person who transports or delivers marijuana or marijuana by-products.
(11) 
DISTRIBUTOR
Means a person engaged in the purchasing of marijuana from a cultivator, or marijuana products from a manufacturer, for sale to a dispensary, cooperative or collective.
B. 
Prohibited Activities. Marijuana cultivation/propagation, marijuana processing, marijuana testing laboratory, marijuana product labeling, marijuana storing, marijuana transporting, marijuana delivery, marijuana dispensaries, marijuana sales/barters and marijuana cooperatives or collectives shall be prohibited activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. Except in the circumstance of such preemption, if any, no use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, shall be approved or issued for any of the aforesaid prohibited activities anywhere in the City, and no person shall otherwise establish or conduct any such activity in the City. It shall be unlawful for any person or entity to establish, own, operate or manage, or participate as an employee, manufacturer, transporter, distributor, contractor, landlord, property owner, agent, or volunteer, in any of the aforesaid prohibited activities anywhere in the City for any reason including both commercial or non-commercial purposes.
C. 
Public Nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this Section shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any other remedy available to the City.
D. 
Civil Penalties. In addition to any other enforcement permitted the Lakewood Municipal Code, the City Attorney and/or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party.
E. 
Applicability. In the event that any activity which is prohibited by this Section shall be determined to have occurred legally prior to the effective date of this Section, no such activity shall have any nonconforming rights as may otherwise be provided by this Code. Nothing in this Section is intended, nor shall it be construed to burden any defense to criminal prosecution under the Compassionate Use Act in 1996 pursuant to Proposition 215 and codified as the State of California Health and Safety Code section 11362.5.

§ 9379 Low Impact Development - Definitions.

[Added by Ord. 2013-7]
For the purposes of this Section, the following definitions apply:
A. 
AUTOMOTIVE SERVICE FACILITY
Means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, Permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater (Source: Order No. R4-2012-0175).
B. 
BASIN PLAN
Means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (Source: Order No. R4-2012-0175).
C. 
BEST MANAGEMENT PRACTICE (BMP)
Means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (Source: Order No. R4-2012-0175).
D. 
BIOFILTRATION
Means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this Ordinance is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (Modified from: Order No. R4-2012-0175).
E. 
BIORETENTION
Means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the Municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175)
F. 
BIOSWALE
Means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (Source: Order No. R4-2012-0175).
G. 
CITY
Means the City of Lakewood.
H. 
CLEAN WATER ACT (CWA)
Means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.
I. 
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, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes (Order No. R4-2012-0175).
J. 
COMMERCIAL MALLS
Means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Source: Order No. R4-2012-0175).
K. 
CONSTRUCTION ACTIVITY
Means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012-0175).
L. 
CONTROL
Means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-2012-0175).
M. 
DEVELOPMENT
Means 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 (Source: Order No. R4-2012-0175).
N. 
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 (Source: Order No. R4-2012-0175).
O. 
DISCHARGE
Means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.
P. 
DISTURBED AREA
Means an area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).
Q. 
FLOW-THROUGH BMPs
Means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-2012-0175).
R. 
FULL CAPTURE SYSTEM
Means any single device or series of devices, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (Order No. R4-2012-0175).
S. 
GENERAL CONSTRUCTION ACTIVITIES STORM WATER PERMIT (GCASP)
Means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.
T. 
GENERAL INDUSTRIAL ACTIVITIES STORM WATER PERMIT (GIASP)
Means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.
U. 
GREEN ROOF
Means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (Source: Order No. R4-2012-0175).
V. 
HAZARDOUS MATERIAL(S)
Means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.
W. 
HILLSIDE
Means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes (Source: Order No. R4-2012-0175).
X. 
IMPERVIOUS SURFACE
Means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.
Y. 
INDUSTRIAL/COMMERCIAL FACILITY
Means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition (Source: Order No. R4-2012-0175).
Z. 
INDUSTRIAL PARK
Means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (Source: Order No. R4-2012-0175).
AA. 
INFILTRATION BMP
Means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Source: Order No. R4-2012-0175).
BB. 
LOW IMPACT DEVELOPMENT (LID)
Consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).
CC. 
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. 
Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;
2. 
Designed or used for collecting or conveying stormwater;
3. 
Which is not a combined sewer; and
4. 
Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2. (40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)
DD. 
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
Means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §307, 402, 318, and 405. The term includes an "approved program" (Source: Order No. R4-2012-0175).
EE. 
NATURAL DRAINAGE SYSTEM
Means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (Source: Order No. R4-2012-0175).
FF. 
NEW DEVELOPMENT
Means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175).
GG. 
NON-STORMWATER DISCHARGE
Means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Source: Order No. R4-2012-0175).
HH. 
OUTFALL
Means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b)(9)) (Order No. R4-2012-0175).
II. 
PARKING LOT
Means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces (Source: Order No. R4-2012-0175).
JJ. 
PERSON
Means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
KK. 
PLANNING PRIORITY PROJECTS
Means development projects subject to Permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s) (Modified from: Order No. R4-2012-0175).
LL. 
POLLUTANT
Means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec. 13373. Pollutants may include, but are not limited to the following:
1. 
Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).
2. 
Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic).
3. 
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).
4. 
Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the State.
5. 
Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities).
6. 
Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
MM. 
PROJECT
Means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code §21065) (Source: Order No. R4-2012-0175).
NN. 
RAINFALL HARVEST AND USE
Means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (Source: Order No. R4-2012-0175).
OO. 
RECEIVING WATER
Means "water of the United States" into which waste and/or pollutants are or may be discharged (Source: Order No. R4-2012-0175).
PP. 
REDEVELOPMENT
Means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. 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 (Source: Order No. R4-2012-0175).
QQ. 
REGIONAL BOARD
Means the California Regional Water Quality Control Board, Los Angeles Region.
RR. 
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) (Source: Order No. R4-2012-0175).
SS. 
RETAIL GASOLINE OUTLET
Means any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).
TT. 
ROUTINE MAINTENANCE
Routine Maintenance projects include, but are not limited to projects conducted to:
1. 
Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
2. 
Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
3. 
Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.
4. 
Update existing lines (which includes replacing existing lines with new materials or pipes) and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.
5. 
Repair leaks.
Routine maintenance does not include construction of new [those that are not associated with existing facilities and are not part of a project to update or replace existing lines - (Source: Order No. R4-2012-0175)] lines or facilities resulting from compliance with applicable codes, standards and regulations.
UU. 
SIGNIFICANT ECOLOGICAL AREAS (SEAs)
Means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:
1. 
The habitat of rare, endangered, and threatened plant and animal species.
2. 
Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.
3. 
Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.
4. 
Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.
5. 
Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.
6. 
Areas important as game species habitat or as fisheries.
7. 
Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.
8. 
Special areas (Source: Order No. R4-2012-0175).
VV. 
SITE
Means 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 (Source: Order No. R4-2012-0175).
WW. 
STORM DRAIN SYSTEM
Means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Lakewood.
XX. 
STORM WATER OR STORMWATER
Means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.
YY. 
STORMWATER RUNOFF
Means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.
ZZ. 
SUSMP
Means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.
AAA. 
URBAN RUNOFF
Means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.

§ 9379.1 Stormwater Pollution Control Measures for Development Planning and Construction Activities.

[Added by Ord. 2013-7]
A. 
Objective. The provisions of this Section establish requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current "Order No. R4-2012-0175," lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.
B. 
Scope. This Section contains requirements for stormwater pollution control measures in Development and Redevelopment projects and authorizes the City of Lakewood to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant waivers from the requirements of the LID requirements, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the City of Lakewood shall administer, implement and enforce the provisions of this Section.
C. 
Applicability. The following Development and Redevelopment projects, termed "Planning Priority Projects," shall comply with the requirements of Article IX, Section 9379 et seq. The design of any required BMP's shall be subject to plan check by Building and Safety prior to the issuance of building permits for the project.
1. 
Development Projects.
(a) 
All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.
(b) 
Industrial parks 10,000 square feet or more of impervious surface area.
(c) 
Commercial malls 10,000 square feet or more of impervious surface area.
(d) 
Retail gasoline outlets with 5,000 square feet or more of impervious surface area.
(e) 
Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of impervious surface area.
(f) 
Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.
(g) 
Streets and roads construction of 10,000 square feet or more of impervious surface area.
(h) 
Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of surface area.
(i) 
Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:
(1) 
Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and
(2) 
Create 2,500 square feet or more of impervious surface area.
(j) 
New single-family dwelling and accessory structures are exempt from the Development Project requirements, as are any projects approved subject to a previously approved Vesting Tentative Map.
2. 
Redevelopment Projects.
(a) 
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 on Planning Priority Project categories.
(b) 
Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.
(c) 
Where redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.
(d) 
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 and safety.
(e) 
Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity.
(f) 
Redevelopment does not include the repaving of existing roads to maintain original line and grade.
(g) 
Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements.
D. 
Stormwater Pollution Control Requirements. The Site for every Planning Priority Project shall be designed in conformance with the City of Lakewood's "Low Impact Development (LID) Best Management Practices (BMP) Design Manual" to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
1. 
Street and road construction of 10,000 square feet or more of impervious surface shall follow the "City of Lakewood’s Green Street Policy and Guidelines".
2. 
The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following:
(a) 
Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:
(1) 
The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or
(2) 
The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater.
(b) 
Minimize hydromodification impacts to natural drainage systems as defined in order NO. R4-2012-0175.
(c) 
When, as determined by the Approving Agency, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:
(1) 
The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite;
(2) 
Locations where seasonal high groundwater is within five to ten feet of surface grade;
(3) 
Locations within 100 feet of a groundwater well used for drinking water;
(4) 
Brownfield development sites or other locations where pollutant mobilization is a documented concern;
(5) 
Locations with potential geotechnical hazards;
(6) 
Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.
(d) 
If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit.
(1) 
Additional alternative compliance options such as offsite infiltration may be available to the project Site.
(2) 
The project Site should contact the Approving Agency to determine eligibility. Alternative compliance options are further specified in CASQA's Post-Construction BMP Handbook.
(e) 
The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:
(1) 
0.2 inches per hour, or
(2) 
The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.
(f) 
A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by:
(1) 
Designing a system acceptable to the Approving Agency to satisfy these standards and requirements for the entire Site during the first phase, and
(2) 
Implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, "Multi-Phased Project" shall mean any Planning Priority Project implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment.
E. 
Biennial Stormwater Facility Permit and Inspection. Each Planning Priority Project shall obtain and maintain a valid Biennial Stormwater Facility Permit issued by the Lakewood Public Works Department.
1. 
The Biennial Stormwater Facility Permit shall be obtained prior to clearance of the building permit final inspection.
2. 
Once every two years, or more often as need, an inspection shall be conducted to confirm that the BMP's are being maintained and are operating properly.
3. 
The property owner shall correct any deficiency in the BMP's within 14 days of a notice of maintenance failure or other deficiency.
4. 
The property owner shall pay the appropriate fees as established by separate resolution for the biennial permits and/or any special BMP inspections required for enforcement of the provisions of this Section.
F. 
Covenant and Agreement. The property owner of each Planning Priority Project shall record with the County Recorder a "Covenant And Agreement Regarding On-site LID BMP Maintenance", to the satisfaction of the Public Works Director and prior to the clearance of the building permit final inspection, issuance of an occupancy permit or operation of the approved land use on the subject property.
1. 
The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either:
(a) 
Assume responsibility for maintenance of any existing LID BMP, or
(b) 
Replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the City and MS4 Permit.
(c) 
Such requirement shall be included in any sale or lease agreement or deed for such property.
2. 
The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all LID BMPs at least once every two years and retain proof of inspection.