HomeMy WebLinkAboutORD 1400 (2011)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
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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.
9. Adoption of this Ordinance will resolve any confusion as to the requirements for a
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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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 3rd day of May 2011.
Ordinance No. 1400
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ATTEST:
PA ELA 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 3`~ day of May 2011, by the following
vote:
COUNCILMEMBER AYES: Amante, Nielsen, Murray (3)
COUNCILMEMBER NOES: Gavello. Gomez (2)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER,
City Clerk
APPROVED AS TO FORM:
DOUGLAS HOLLAND,
City Attorney
Ordinance No. 1400
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