Ordinance No. 1128ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 13, ARTICLE IV, OF THE
CYPRESS MUNICIPAL CODE, ENTITLED CYPRESS WATER QUALITY
WHEREAS, the City of Cypress (the "City ") duly enacted on January 9, 1995
Ordinance No. 933 which established various provisions and measures to encourage
the City's residents and businesses to preserve and enhance water quality in the City;
WHEREAS, the City codified Ordinance No. 933 as Chapter 13, Article IV, of the
Cypress Municipal Code (which shall be cited hereinafter as the "Cypress Water Quality
Code "); and
WHEREAS, the City Council now deems it appropriate to amend the Cypress
Water Quality Code to ensure the future health, safety, and general welfare of the
citizens, as well as compliance with existing and future National Pollutant Discharge
Elimination System ( "NPDES ") Permits, which includes among other items various
inspection and enforcement requirements for controlling stormwater runoff resulting
from construction, development and other activities; and
WHEREAS, NPDES Permit Number CAS618030 (Order No. R8- 2009 -0030) is
the existing NPDES Permit applicable to the City, and to which this ordinance makes
reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13 -23 (Control of Urban Runoff) of the Cypress Water
Quality Code is hereby amended to add the following sub - section (a)(9), to read, in its
entirety, as follows:
"(a)(9): As identified within Section XII.B.2 of the NPDES Permit, the
Orange County Drainage Area Management Plan (DAMP) and the City of
Cypress Local Implementation Plan (LIP), any development that meets the
following criteria shall submit a Water Quality Management Plan
( "WQMP ") for the following areas of new development/significant
redevelopment projects (priority development projects, as described in the
NPDES Permit) pursuant to this Article and in accordance with the Model
WQMP as referenced in the NPDES Permit and incorporate Low Impact
Development ( "LID ") principles as set forth in Section XII.0 of the NPDES
Permit, the Orange County Drainage Area Management Plan (DAMP) and
the City of Cypress Local Implementation Plan (LIP) unless exempted by
the City of Cypress Local Implementation Plan or the NPDES Permit:
(i)
All significant redevelopment projects, where significant
redevelopment is defined as projects that include the
addition or replacement of 5,000 square feet or more of
impervious surface on a developed site. Redevelopment
does not include routine maintenance activities that are
conducted to maintain original line and grade, hydraulic
capacity, original purpose of the facility, or emergency
redevelopment activity required to protect public health and
safety. Where redevelopment results in the addition or
replacement of less than fifty percent of the impervious
surfaces of a previously existing developed site, and the
existing development was not subject to WQMP
requirements, the numeric sizing criteria discussed below
applies only to the addition or replacement, and not to the
entire developed site. Where redevelopment results in the
addition or replacement of more than fifty percent of the
impervious surfaces of a previously existing developed site,
the numeric sizing criteria applies to the entire development;
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(ii) New development projects that create 10,000 square feet or
more of impervious surface (collectively over the entire
project site) including commercial, industrial, residential
housing subdivisions (i.e., detached single family home
subdivisions, multi - family attached subdivisions (town
homes), condominiums, apartments, etc.), and mixed -use
projects. This category includes development projects on
public or private land, which fall under the planning and
building authority of the permittees;
(iii) Automotive repair shops (with SIC codes 5013, 5014, 5541,
7532 -7534, 7536- 7539);
(iv) Restaurants where the land area of development is 5,000
square feet or more;
(v) All hillside developments on 5,000 square feet or more,
which are located on areas with known erosive soil
conditions or where the natural slope is twenty -five percent
or more;
(vi) Developments of 2,500 square feet of impervious surface or
more, adjacent to (within 200 feet) or discharging directly
into environmentally sensitive areas, such as areas
designated in the Ocean Plan as Areas of Special Biological
Significance or water bodies listed on the CWA Section
303(d) list of impaired waters;
(vii) Parking lots of 5,000 square feet or more of impervious
surface exposed to storm water. Parking lot is defined as a
land area or facility for the temporary storage of motor
vehicles;
(viii) Retail gasoline outlets of 5,000 or more square feet with a
projected average daily traffic of 100 or more vehicles per
day;
Section 2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
Section 3. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
Section 4. The City clerk shall certify to the passage and adoption of this
Ordinance by the City council of the City of Cypress and shall cause a summary of this
ordinance to be published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of said City held on the
24th day of October, 2011, and finally adopted and order posted at a regular meeting held
on the 14th day of November, 2011.
ATTEST:
ILVDt-
CITY CLERK OF THE CITY OF CYPRESS
MAYO,` OF THE CITY OF CYPRESS
108
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 14th day of November, 2011, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: Mills
p tetua-aM
CITY CLERK OF THE CITY OF CYPRESS