HomeMy WebLinkAbout13 SECOND READING/ADOPTION ORDINANCE NO. 1400AGENDA REPORT Rev e eld m ~
City Manager
Finance Director N A
MEETING DATE: MAY 3, 2011
TO: WILLIAM HUSTON, INTERIM CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: SECOND READING AND ADOPTION OF 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 establishing the City's
Water Quality Ordinance and Ordinance No. 1280 repealing and adopting the City's Grading and
Excavation Ordinance. These ordinances were enacted to implement 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. On April 25, 2011,
the City Council had first reading by title only and introduced Ordinance No. 1400.
RECOMMENDATION:
Have second reading by title only and adopt Ordinance No. 1400 (roll call vote).
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.
With the adoption of Order Nos. R8 2002-0010 and 2009-0030, the Regional Board found
and determined that adoption of the MS-4 permits were exempt from the provisions of the
California Environmental Quality Act contained in Chapter 3 (commencing with Section
21100), Division 13 of the Public Resources Code. California Water Code Section 13389.
Further, the permitted discharge is consistent with the anti-degradation provisions of Title
40 Code of Federal Regulations 131.12 and the State Board Resolution 68-16. These
orders require implementation of programs (i.e., Best Management Practices) to reduce
Ordinance No. 1400
May 3, 2011
Page 2
the level of pollutants in the storm water discharges. The combination of programs and
policies required to be implemented under these orders for new and existing
developments are designed to improve urban storm water quality and ultimately the
environment.
The adoption of the proposed Ordinance will only clarify the need of grading permit,
erosion/sediment control plans and Water Quality Management Plans for certain public
agency projects consistent with current policy and practices for the improvement of water
quality and the environment as a whole. When responsible lead agencies carry out
projects, they comply with CEQA and conduct appropriate CEQA review prior to project
approval and/or commencement of construction.
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.
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.
~ i {~
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 OF 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 WOMP 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 at a regular meeting of the City Council of the City
of Tustin held on the 3rd day of May 2011.
JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1400 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 3rd day of May 2011, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
APPROVED AS TO FORM:
DOUGLAS HOLLAND,
City Attorney
Ordinance No. 1400
Page 4 of 4