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HomeMy WebLinkAbout2010/03/09 Item 1 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF . ~::: CHUlA VISTA 3/09/10, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL, MARCH 2010" AND AUTHORIZING THE CITY ENGINEER TiPROVE FUTURE UPDATES ON BEHALF OF THE CITY DIRECTOR OF P~ WORKS/CITY ENGINEER CITY MANAGER r / ASSISTANT CITY MANAGERV? 1 4/STHS VOTE: YES D NO [gJ SUBMITTED BY: REVIEWED BY: SUMMARY On January 24,2007, the San Diego Regional Water Quality Control Board (Regional Board) re- issued the National Pollutant Discharge.Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (Municipal Permit). The Municipal Permit required 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 (collectively known as the Copermittees) to update their regional Model Standard Urban Storm Water Mitigation Plan (SUSMP). The Copermittees duly updated said regional Model SUSMP, which was subsequently approved by the Regional Board. The Municipal Permit further requires the Copermittees to update their local SUSMPs to correspond with the criteria and standards established in the updated regional Model SUSMP. The City ofChula Vista's updated local SUSMP is incorporated in Section 3 of the Chula Vista Development Storm Water Manual. Other sections of the Manual include construction and post- construction standards, requirements, and guidelines to minimize negative impacts of development projects on receiving waters and habitat. For the City to maintain compliance with the Municipal Permit, it is necessary that the City Council approve the presented Development Storm Water Manual no later than March 24,2010. The proposed actions would approve the Development Storm Water Manual and authorize the City Engineer to approve future updates on behalf of the City. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines. Thus, no further environmental review is necessary. 1-1 3/09/10, Item~ Page 2 of 4 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Development Planning Component of the Municipal Permit requires updates to the Model and Local SUSMPs. Under this requirement, Copermittees are required to enforce increasingly more stringent Best Management Practices (BMP) to detain, treat, and/or infiltrate storm water runoff from development and major redevelopment projects through the adoption of local ordinances and project review and approval processes. The Manual has been developed and updated to address all requirements of, and assure compliance with, the Municipal Permit. The underlying authority for requiring BMPs included in the Manual on development projects are derived from: . The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (Municipal Permit) . Chula Vista Municipal Code Chapter 14.20, Storm Water Management and Discharge Control . . Chula Vista Municipal Code Chapter 15.04, Excavation, Grading, Clearing, Grubbing, and Fills. BMPs include structural devices and landscaping improvements designed to remove pollutants and to reduce runoff volume and discharge rate to pre-development levels. Research and experience have demonstrated that natural treatment facilities and Low Impact Development (LID) practices are more effective in removing pollutants from urban runoff and are more environmentally friendly than mechanical treatment devices. Therefore, increasingly, NPDES municipal permits throughout the country tend to favor and mandate implementation of LID and natural storm water design features and treatment facilities such as bioretention and constructed wetlands and, discourage or prohibit less effective mechanical treatment devices such as filter inserts. In compliance with the Municipal Permit, the Copermittees collectively updated the regional Model SUSMP that was first developed on February 14, 2002. The Updated Model SUSMP is more focused on LID principles and practices and provides standards, criteria, and guidelines to help consultants and developers design projects that meet those standards and criteria. The City of Chula Vista Development Storm Water Manual was originally developed in November 2002, and its first update in January 2008 added general requirements for Low Impact Development, Interim Hydromodification Criteria, limitations of grading, and advanced treatment among others. The Municipal Permit requires a second update by March 24,2010 to 1-2 3/09/10, Item~ Page 3 of 4 included more specific standards and criteria for Low Impact Development site design, source control, and treatment control BMPs. The proposed Manual incorporates the City's updated local SUSMP in Section 3. Minor revisions have also been made to other Sections of the Development Storm Water Manual, which include: . Section 2 - Project Review and Permitting Processes . Section 4 - Water Quality Technical Report Guidelines . Section 5 - Best Management Practices Design Criteria . Section 6 - Standard Permanent Best Management Practices . Section 7 - Construction Storm Water Performance Standards . Section 8 - Implementation and Maintenance Requirements Finally, as required by the Municipal Permit, the Copermittees have collectively developed a final Hydromodification Management Plan (HMP). The HMP sets out requirements intended to control downstream erosion and habitat impact from developments to pre-development levels. The Regional Board is currently reviewing the HMP document for approval, after which another update to the Manual will be necessary to incorporate HMP standards and criteria. This update is expected to occur in the fourth quarter of2010. In view of the fact that updates to the Manual are wholly for technical reasons, staff requests that the City Council authorizes the City Engineer to approve its subsequent amendments on behalf of the City. Any future updates will include public participation in the form of informal review and comment by the development community and interested citizens. Staff will carefully consider all comments and include them in the final draft before requesting City Engineer's approval. Staff will inform the City Council of any new regulations or requirements that may demand policy decisions or involve increased expenditures. In order to seek public participation in the process of updating the Manual, letters were sent to the Building Industry Association (BIA), major developers in the City, and consultants currently having projects in Chula Vista, asking for their input through an informal review and comment process. This was not a requirement of the Municipal Permit, but staff believed that public input would enhance the quality of the Manual. Updating the City's SUSMP (included in the City's Development Storm Water Manual) by the due date of March 24, 2010, is a requirement of the Municipal Permit. Non-compliance with said requirement 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. DECISION MAKER CONFLICT Staff has reviewed the decisions contemplated by this action and has determined that they are not site specific and, consequently, the 500-foot rule found in California Code of Regulations Section 18704.2(a)(I) is not applicable to these decisions. 1-3 3/09/10, Item--L Page 4 of 4 CURRENT YEAR FISCAL IMPACT The requested actions by themselves will not result in any current year fiscal impact on the City. However, compliance with the Muoicipal Permit requirements demand significant program expenditures, which have been included in the City's Council-approved budget for Fiscal-Year 2009-2010. ONGOING FISCAL IMPACT The requested actions by themselves will not result in any ongoing fiscal impact on the City. However, compliance with the Municipal Permit demands significant ongoing program expenditures. The current Municipal Permit is due to expire on January 24,2012. At that time, the Regional Board will either extend the Muoicipal Permit or re-issue it. Program expenditures are expected to remain approximately at the current level for the remaining life of the current Municipal Permit. Based on past experience, each permit re-issuance results in expanded and more costly requirements. It is expected that the next San Diego permit will closely resemble the NPDES Municipal Permit issued to the south Orange County Copermittees in December 2009, which includes more stringent requirements than the San Diego permit. An assessment of ongoing expenditures uoder the re-issued permit will be provided to the City Couocil when the Regional Board adopts the new permit in 2012. ATTACHMENTS Attachment A Summary of City of Chula Vista's updated Development Storm Water Manual, March 2010 Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works Operations K,IPUBLIC WORKSIAGENDA\CAS2010\OJ-09-I0\201O NPDES SUSMP UpdatelAgenda Statement.doc 1-4 Attachment A SUMMARY OF THE CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL, MARCH 2010 1. Purpose . This summary has been prepared to facilitate information dissemination to the City Council. A draft copy of the City of Chula Vista Development Storm Water Manual (Manual), which is over 130 pages, is available at the City Clerk's Office and can be provided upon request. The draft Manual is also available on the City's website at: http://www .chulavistaca. gov / clean! stormwater/ developandconst.asp Once approved, the final version of the Manual will be placed on the City's website for use by development project proponents. 2. Back!!round The Manual addresses requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-000l (Municipal Permit). Section 3 of the Manual incorporates the City's Standard Urban Storm Water Mitigation Plan (SUSMP), which sets out post-construction Best Management Practices (BMP) requirements on development projects. The Municipal Permit requires three updates to the City's SUSMP. The proposed second update is intended to provide further detailed information on standards and design criteria for Low Impact Development Site Design, Source Control, and Treatment Control BMPs. The third update will include Final Hydromodification Management requirements, and is expected to occur before the end of calendar year 2010. 3. Report Or!!anization The Manual includes the following sections: Section 1 Introduction The introduction provides background information and legal or regulatory requirements associated with storm water pollution control. Section 2 Proiect Review and Permitting Process This section outlines the proj ect plan review and approval process for private and public development and redevelopment projects. Development applicants should use Section 2 as a roadmap to navigate through the Manual and ensure storm water requirements are accurately and efficiently incorporated into their project submittals during the project review and approval process. Section 3 Standard Urban Storm Water Mitigation Plan (SUSMP) This section describes permanent storm water BMP requirements for Priority Development Projects as defined in Section D.l.d of the Municipal Permit. It sets out standards and criteria to be used in the design of permanent BMPs and lists various BMP options acceptable to the City. Page D-l 1-5 Section 4 Water Quality Technical Report Guidelines An applicant for a Priority Development Project is required to develop and submit a Water Quality Technical Report (WQTR) for City review and approval. A WQTR must include information on permanent BMPs to be implemented on the proposed development project. This section includes a checklist of specific information to be included in a Water Quality Technical Report and minimum requirements for the preparation of such reports. Section 5 Best Management Practices Design Criteria This section provides information on national and regional standards for the design and implementation of construction and permanent BMPs. Although design criteria referenced in this section are generally acceptable to the City of Chula Vista, the City reserves the right to exercise sole and ultimate discretion regarding each project's final BMPs, depending on specific site conditions and proposed pollutant generating activities. Section 6 Standard Permanent Best Management Practices This section provides information on permanent BMP requirements for those development or redevelopment projects that are not Priority Development Projects and do not need to prepare Water Quality Technical Reports. Such projects, however, are required to implement permanent BMPs, as described in this section, as applicable to the project. Section 7 Construction Storm Water Performance Standards This section describes the City's storm water standards for the construction phase of development projects, including dry and wet season requirements as well as Advanced Treatment and Limitation of Grading requirements. Section 8 Implementation and Maintenance Reauirements This section describes requirements for the implementation and maintenance of construction and permanent BMPs on all development and redevelopment projects, including execution of a maintenance agreement with the City of Chula Vista, when applicable. Section 9 Definitions This section includes a list of terms used throughout the Manual together with their definitions. Section 10 References This section includes the names and web addresses of freely available national and regional resources developed by public or quasi-public agencies or universities, and are helpful in the planning and design of BMPs. They include guidelines and design criteria for the BMPs listed in the Manual as well as assessments of effectiveness of such BMPs in removing pollutants from urban runoff. H:\NPDES\Agenda\2010 SUSMP Update\Agenda Statement Attachment Adoc Page D-2 1-6 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL, MARCH 2010" AND AUTHORIZING THE CITY ENGINEER TO APPROVE FUTURE UPDATES ON BEHALF OF THE CITY WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board (Regional Board) re-issued the National Pollutant Discharge Elimination System (NPDES) Municipal Permit for San Diego County, Order No. R9-2007-0001 (Municipal Permit); and WHEREAS, as required by the Municipal Permit, 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 (collectively known as the Copermittees) have updated their regional Model Standard Urban Storm Water Mitigation Plan (SUSMP) that was first developed by the Copermittees on February 14,2002; and WHEREAS, SUSMP requirements establish mmlmum post-construction Best Management Practices (BMP) requirements for development projects, and such BMPs may include practices or design features such as Low Impact Development Site Design, Source Control, Treatment Control, and Hydromodification Management practices, designed to remove pollutants from runoff and to minimize downstream erosion and habitat impact; and WHEREAS, the Municipal Permit requires the Copermittees to update their local SUSMPs within 365 days of the Regional Board's acceptance of the regional Model SUSMP to incorporate its criteria and standards; and WHEREAS, the proposed Development Storm Water Manual, March 2010 incorporates in Section 3, Chula Vista's updated local SUSMP, and WHEREAS, Other sections of the Storm Water Manual include: (1) Project Review and Permitting Process; (2) Water Quality Technical Report Guidelines; (3) BMPs Design Criteria; (4) Standard Permanent BMPs; (5) Construction Storm Water Performance Standards; and, (6) Implementation and Maintenance Requirements; and WHEREAS, updating the Development Storm Water Manual (which includes the City's local SUSMP) by the due date of March 24,2010, is a requirement ofthe Municipal Permit; and WHEREAS, non-compliance with said requirement 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 ofChula Vista that it approves the "City of Chula Vista Development Storm Water Manual, March 2010" and authorizes the City Engineer to approve its future updates on behalf of the City. Page 1 of2 1-7 Presented by: Rick Hopkins Director of Public Works Approved as to form by: ~~ Bart Miesfeld City Attorney Page 2 of2 1-8