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HomeMy WebLinkAboutReso 2008-061 RESOLUTION NO. 2008-061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL, JANUARY 2008" AND AUTHORIZING THE CITY ENGINEER TO EXECUTE "STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENTS" ON BEHALF OF THE CITY WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board (Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (New Permit); and WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the County of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant ordinances and standards, as necessary, to comply with the more stringent requirements of the New Permit; and WHEREAS, pursuant to the Regional Board's adoption of the New Permit, City staff reviewed Chapter 15.04 of the Chula Vista Municipal Code to determine if the City's legal authority is adequate to control pollutant discharges from development and redevelopment projects in Chula Vista and meet all the requirements of the New Permit; and WHEREAS, adding Section 15.04.018 to the CVMC Chapter 15.04 incorporates, by reference, the City's Development Storm Water Manual, January 2008 into the Excavation, Grading, Clearing, Grubbing and Fills Ordinance; and WHEREAS, the Development Storm Water Manual, January 2008 includes the City's Standard Urban Storm Water Mitigation Plan (SUSMP) and sets out criteria and guidelines for proponents of development and redevelopment projects in Chula Vista to comply with the City's storm water and non-storm water requirements on new development and redevelopment projects; and WHEREAS, the Development Planning Component of the New Permit requires updates to SUSMP and Numeric Sizing Criteria; and WHEREAS, under this requirement, Copermittees are required to enforce practices to detain, treat, and infiltrate storm water runoff from development and major redevelopment through the adoption oflocal ordinances and proj ect review and approval processes; and WHEREAS, moreover, sizing of the Best Management Practices (BMPs) implemented to achieve this goal will need to be based on numerical criteria mandated by the New Permit; and WHEREAS, BMPs include structural devices and landscaping improvements designed to remove pollutants and to reduce runoff volume; and Resolution No. 2008-061 Page 2 WHEREAS, these requirements are expected to have a broad impact on municipalities and new residential, commercial, and industrial projects, as well as major redevelopment projects; and WHEREAS, as required under the New Permit, the Copermittees have collectively updated the Model SUSMP that was first developed by the Copermittees on February 14,2002; and WHEREAS, the Updated Model SUSMP includes Low Impact Development principles; and WHEREAS, the proposed Development Storm Water Manual, January 2008 incorporates, in Section 3, an updated local SUSMP that is based on this Updated Model SUSMP; and WHEREAS, other sections of the Storm Water Manual include: (1) Project Review and Permitting Processes; (2) Water Quality Technical Report Guidelines; (3) Best Management Practices Design Criteria; (3) Permanent Standard Storm Water BMPs Requirements; (4) Construction Storm Water Performance Standards; and, (5) Implementation and Maintenance Requirements; and WHEREAS, updating the City's Ordinances, development permitting processes, JURMP, SUSMP (including the City's Development Storm Water Manual) and establishing legal authority by the due date of March 24, 2008, are requirements of the Municipal Permit; and WHEREAS, non-compliance with said requirements will result in a violation of the Municipal Permit and expose the City to enforcement action, including Notices of Violation and/or monetary fines as well as possible third party suits. NOW, THEREFORE, BE IT RESOLVED by the CIty Council of the City of Chula Vista that it approves the "City ofChula Vista Development Storm Water Manual, January 2008" and authorizing the City Engineer to execute "Storm Water Management Facilities Maintenance Agreements" on behalf of the City. Presented by Approved as to form by ~\;)."(~~~~ Ann Moore ' City Attorney Resolution No. 2008-061 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this] 9th day of February 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Ch'~~; AL t (A(MvU Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-061 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of February 2008. Executed this 19th day of February 2008. Jffl1AAO f ~/IOh~ Donna R. Norris, CMC, Interim City Clerk