HomeMy WebLinkAbout03 ORDINANCE NO. 14003
-,; ~~ AGENDA REPORT Reve eldm
City Manager
Finance Director N/A
MEETING DATE: APRIL 25, 2011
TO: WILLIAM HUSTON, INTERIM CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ORDINANCE NO. 1400 ENACTING REVISIONS TO THE GRADING AND
EXCAVATION CODE PROVISIONS.
SUMMARY:
On November 17, 2003, the City of Tustin adopted Ordinance No. 1275 amending the City's Water
Quality Ordinance and Ordinance No. 1280 revising the City's Grading and Excavation Ordinance.
These ordinances were enacted to implement revised Regional Water Quality Control Board
regulations as required by State and federal law.
Adoption of this Ordinance will ensure clarity as to the City of Tustin's requirements for issuance of
grading permits and compliance with water quality requirements as required by state and federal
law thereby allowing the City to protect the public health, safety, and welfare.
RECOMMENDATION:
That the City Council have first reading of Ordinance No 1400 and set for second reading at the
City Council meeting of May 3, 2011.
FISCAL IMPACT:
There is no direct fiscal impact associated with the proposed ordinance.
ENVIRONMENTAL:
The proposed Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Title 14 California Code of Regulations, Section 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in 15378) because it has no potential for resulting in physical
change to the environment, directly or indirectly. The adoption of this Ordinance will only clarify the
need of a grading permit and a Water Quality Management Plan and will improve water quality and
the environment as whole.
BACKGROUND AND DISCUSSION:
Under the NPDES Permit system, the Regional Water Control Board (Santa Ana Region) requires
the County of Orange and all municipalities within the County to enforce the State's water quality
standards with respect to new development and/or significant redevelopment in each jurisdiction.
Ordinance No. 1400
April 25, 2011
Page 2
On November 17, 2003, the City of Tustin City Council adopted Ordinance No. 1275 amending the
City's Water Quality Ordinance and Ordinance No. 1280 revising the City's Grading and Excavation
Ordinance. These ordinances were enacted to implement revised Regional Water Quality Control
Board regulations as required by State and federal law.
The purpose of the water quality regulations under Ordinance No. 1275 is to control and regulate
urban runoff from new development for the purpose of reducing pollutants entering the City's
municipal storm water drainage system and to avoid polluting water between here and the ocean.
These provisions do not distinguish between private and public properties.
With the adoption of the Regional Water Quality Control Board's "Third Term Permits" in 2002, all
cities and the County of Orange entered into a cooperative agreement for these drainage
regulations to apply uniformly throughout Orange County. The federal storm water regulations
specify that the Drainage Area Management Plans (DAMP) include a description of planning
procedures including a comprehensive master plan to develop, implement, and enforce controls to
reduce the discharge of pollutants from areas of development/redevelopment. Under the DAMP
requirements, a property owner proposing a new development and/or significant redevelopment
must submit a water quality management plan to the City for review and approval. There is no
difference between pollutants from public and private properties.
Adoption of the Ordinance will resolve any confusion as to the requirements for a grading permit or
complying with water quality requirements, including a WQMP, by ensuring clarity to the City Code,
and allow the City to protect the public health safety and welfare by protecting property and
impaired waters.
Adoption of Ordinance No. 1400 is proposed in addition to Urgency Ordinance No. 1399 in the
event that the latter is the subject of legal challenge.
_-~
Elizabeth A. Binsack
Community Development Director
Attachments:
Ordinance No.1400
ORDINANCE NO. 1400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING SUBSECTION 6 A OF SECTION 8906
AND AMENDING SUBSECTION F OF SECTION 8924 THE TUSTIN
CITY CODE RELATING TO GRADING AND EXCAVATION.
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1: FINDINGS
1. On November 17, 2003, the City of Tustin adopted Ordinance No. 1275
amending the City's Water Quality Ordinance and Ordinance No. 1280 revising
the City's Grading and Excavation Ordinance. These ordinances were enacted
to implement revised Regional Water Quality Control Board regulations as
required by State and federal law.
2. The Regional Water Control Board (Santa Ana Region) has adopted a National
Pollution Discharge Elimination System Permit ("NPDES Permit") which sets
forth water quality urban runoff standards for new development within its
jurisdiction. As noted in Ordinance No. 1275 (City Code section 4900 et seq.),
under the NPDES Permit system, the County of Orange and all municipalities
within the County are designated co-permittees and are charged with the
enforcement of State's water quality standards with respect to new development
in each jurisdiction.
3. Ordinance No. 1280 was specifically adopted by the City of Tustin in 2003 to
amend the City's Grading and Excavation Ordinance to incorporate and
interface with specific water quality regulations adopted in Tustin Ordinance No.
1275 as mandated by the State of California Regional Water Quality Control
Board (Santa Ana Region) requiring municipalities to adopt regulations for that
municipality to have regulations for accepting urban runoff into municipal storm
drainage systems.
4. With the adoption of the Regional Water Quality Control Board's "Third Term
Permits" in 2002, the permittees were required to modify new
development/significant redevelopment water quality regulatory programs to
meet the NPDES Third Term Permits requirements. These regulatory
requirements are set forth in the County of Orange Drainage Area Management
Plan (DAMP). Concurrently, all cities and the County of Orange entered into a
cooperative agreement for these drainage regulations to apply uniformly
throughout Orange County. The federal storm water regulations specify that the
drainage area management plans include a description of planning procedures
including a comprehensive master plan to develop, implement, and enforce
Ordinance No. 1400
Page 1 of 4
controls to reduce the discharge of pollutants from areas of
development/redevelopment.
5. The purpose of the water quality regulations under Ordinance No. 1275 is to
control and regulate urban runoff from new development for the purpose of
reducing pollutants entering the City's municipal storm water drainage system.
City Code section 4902(a)(1) provides that: "all new development and significant
redevelopment within the City shall be undertaken in accordance with:
(A) The DAMP (Orange County Drainage Area Management Plan), including
but not limited to the development project guidance; and
(B) Any conditions and requirements established by the Community
Development Department and Public Works Department, which are
reasonably related to the reduction or elimination of pollutants in storm
water runoff from the project site.
The DAMP establishes drainage requirements for new development and/or
significant redevelopment to control storm water runoff from the development
activity. These provisions do not distinguish between public and private
properties.
6. Under the DAMP requirements, a property owner proposing a new development
and/or significant redevelopment must submit a water quality management plan
to the City for review and approval. There is no difference or distinction to be
made between pollutants from public and private property.
7. Section 4903 of Ordinance No. 1275 and Section 8923 et seq. of Ordinance No.
1280 authorize City inspections of an owner's property to insure that structural
or nonstructural erosion control methods and water quality systems required
under a water quality management plan are, in fact, instituted and maintained in
accordance with that plan.
8. Grading permit and Erosion Control inspection regulations are integrally related
to the water quality urban runoff requirements of Ordinance No. 1275. Under
City Code Sections 8909, 8910, and 8911, a grading permit is not to be issued
unless the proposed development's grading and drainage plans comply with the
water quality urban runoff requirements of Ordinance No. 1275. Under City
Code section 8905, grading inspections by Community Development
Department Code enforcement staff are conducted on the development site to
insure that the work performed is in accordance with the approved grading and
drainage work authorized by the grading permit, including installation of Best
Management Practices requirements set forth in approved WQMP plans. If a
permit is exempt, then under City Code section 8923, Erosion Control and
Water Quality requirement systems still apply.
Ordinance No. 1400
Page 2 of 4
9. Adoption of this Ordinance will resolve any confusion as to the requirements for
a grading permit or complying with water quality requirements, including a
WQMP, by ensuring clarity to the City Code, and allow the City to protect the
public health safety and welfare by protecting property and impaired waters.
10. This Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Title 14 California Code of Regulations, Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in
15378) because it has no potential for resulting in physical change to the
environment, directly or indirectly. The adoption of this Ordinance will only clarify
the need of a grading permit and a Water Quality Management Plan and will
improve water quality and the environment as whole.
SECTION 2: Code Amendment.
(1) Subsection A 6 of City Code section 8906, "Permits Required" of Chapter 9
"Grading and Excavation," of the Tustin Municipal Code is hereby repealed in its entirety.
(2) Subsection F of section 8924 F is hereby amended to read as follows:
"If any grading subject to Section 8906 A of this chapter has been
commenced without a grading permit, the property owner may be
required to prepare and implement an erosion and sediment control
system plan as well as other plans required under the water quality
requirements which have been approved by the Building Official.
In the event of failure by the property owner to install an approved
erosion and sediment control system and/or other systems necessary
to comply with water quality requirements, the Building Official may
cause emergency work to be done to protect adjacent properties."
SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance and
shall cause the same to be published in the same manner required by law. This ordinance
shall become effective thirty (30) days from and after its passage.
Ordinance No. 1400
Page 3 of 4
PASSED AND ADOPTED by the City Council of the City of Tustin at a special
meeting the day of 2011.
JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
Ordinance No. 1400
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