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RESOLUTION NO. 2016-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE “CITY OF CHULA VISTA BMP MANUAL, DECEMBER 2015” AND AUTHORIZING THE CITY ENGINEER TO APPROVE FUTURE UPDATES ON BEHALF OF THE CITY
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On May 08, 2013, the San Diego Regional Water Quality Control Board (Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4) Draining the Watersheds within the San Diego Region, Order No. R9-2013-0001 (“MS4 Permit”). In February 2015, the MS4 Permit was amended by Order R9-2015-0001 and Order R9-2015-0100 on November 18, 2015. The MS4 Permit regulates discharges to storm drain systems within 18 municipalities in San Diego County, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District, as well as 13 Copermittees in Orange County and 5 Copermittees in Riverside County (collectively referred to as “Copermittees”).
The Development Planning Component of the MS4 Permit requires each Copermittee to updates its local Best Management Practices (BMP) Design Manual pursuant to Provision F.2.b. For the City to maintain compliance with the MS4 Permit, it is necessary that the City Council approve the City of Chula Vista BMP Design Manual, dated December 2015 (“BMP Design Manual”) and authorize the City Engineer to approve future updates on behalf of the City.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
As required by the MS4 Permit, the Copermittees have developed the Model Best Management Practices BMP Design Manual, dated June 2015 (“Regional Manual”) to replace the current countywide Model Standard Urban Stormwater Mitigation Plan (SUSMP), dated March 25, 2011, which was based on the requirements of the 2007 MS4 Permit. The MS4 Permit further requires the Copermittees to update their local BMP Design Manual to correspond with the criteria and standards established in the updated Regional Manual.
The following are significant updates to storm water requirements of the MS4 Permit compared to the 2007 MS4 Permit and 2011 Countywide Model SUSMP:
o Priority Development Project (PDP) categories have been updated and the minimum threshold of impervious area to qualify as a PDP has been reduced.
o Many of the low impact development (LID) requirements for site design that were applicable only to PDPs under the 2007 MS4 Permit are applicable to all projects (Standard Projects and PDPs) under the MS4 Permit.
o The standard for storm water pollutant control (formerly treatment control) is retention of the 24-hour 85th percentile storm volume, defined as the event that has a precipitation total greater than or equal to 85 percent of all daily storm events larger than 0.01 inches over a given period of record in a specific area or location.
o For situations where onsite retention of the 85th percentile storm volume is technically not feasible, biofiltration must be provided to satisfy specific “biofiltration standards”. These standards consist of a set of siting, selection, sizing, design and operation and maintenance (O&M) criteria that must be met for a BMP to be considered a “biofiltration BMP”.
o Exemptions from hydromodification management are reduced, and certain categories of exemptions that are not identified in the MS4 Permit must be identified in a Watershed Management Area Analysis (WMAA).
o The flow control performance standard for hydromodification management is based on controlling flow to pre-development condition (natural) rather than pre-project condition.
o Hydromodification management requirements are expanded to include requirements to protect critical coarse sediment yield areas.
o Alternative (offsite) compliance approaches are provided as an option to satisfy pollutant control or hydromodification management performance standards if a Copermittee implements an alternative compliance program.
The City of Chula Vista BMP Design Manual (aka Development Storm Water Manual) was originally developed in November 2002. Its first update was in January 2008 added general requirements for Low Impact Development, Interim Hydromodification Criteria, limitations of grading, and advanced treatment. In March 2010 a second update was completed that included more specific standards and criteria for Low Impact Development site design, source control, and treatment control BMPs.
The proposed City’s BMP Design Manual required pursuant to Provision F.2.b.(1) includes but not limited to updated procedures to determine the nature and extent of storm water requirements applicable to a potential development or redevelopment projects; updated procedures to identify pollutants and conditions of concern for selecting the most appropriate structural BMPs; updated procedures for designing structural BMPs, including any updated performance requirements to be consistent with the requirements of Provision E.3.c for all structural BMPs listed in the BMP Design Manual; long-term maintenance criteria for each structural BMP listed in the BMP Design Manual; and alternative compliance criteria.
The intended users of the BMP Design Manual include project applicants, for both private and public developments, their representatives responsible for preparation of Storm Water Quality Management Plans (SWQMPs) and City’s personnel responsible for review of these plans.
The BMP Design Manual is organized in the following manner:
o An introductory section titled “How to Use this Manual” provides a practical orientation to intended uses and provides examples of recommended workflows for using the manual.
o Chapter 1 provides information to help the manual user determine which of the storm water management requirements are applicable to the project; source controls/site design, pollutant controls, and hydromodification management.
o Chapter 2 defines the performance standards for source control and site design BMPs, storm water pollutant control BMPs, and hydromodification management BMPs based on the MS4 Permit.
o Chapter 3 describes the essential steps in preparing a comprehensive storm water management design and explains the importance of starting the process early during the preliminary design phase.
o Chapter 4 presents the source control and site design requirements to be met by all development projects and is therefore intended to be used by Standard Projects and PDPs.
o Chapter 5 applies to PDPs. It presents the specific process for determining which category of onsite pollutant control BMP, or combination of BMPs, is most appropriate for the PDP site and how to design the BMP to meet the storm water pollutant control performance standard.
o Chapter 6 applies to PDPs that are subject to hydromodification management requirements. This chapter provides guidance for meeting the performance standards for the two components of hydromodification management: protection of critical coarse sediment yield areas and flow control for post-project runoff from the project site.
o Chapter 7 addresses the long term O&M requirements of structural BMPs presented in this manual, and mechanisms to ensure O&M in perpetuity.
o Chapter 8 describes the specific requirements for the content of project submittals to facilitate local jurisdictions' review of project plans for compliance with applicable requirements of the manual and the MS4 Permit.
o Appendices to this manual provide detailed guidance for BMP design, calculation procedures, worksheets, maps and other figures to be referenced for BMP design.
Approving the City’s BMP Design Manual by the due date of February 16, 2016, is a requirement of the MS4 Permit. Non-compliance with said requirement will result in a violation of the MS4 Permit and expose the City to enforcement action, including Notices of Violation and/or monetary fines as well as possible third party suits.
If the San Diego Water Board amends Provisions E.3.a-d during the permit term but after the City has completed the update pursuant to Provision F.2.b.(1), the City must revise its BMP Design Manual to incorporate the amended Provision E.3.a-d requirements as soon as possible but not later than 90 days after the date the San Diego Water Board adopts the amendments to Provisions E.3.a-d, unless otherwise directed by the San Diego Water Board Executive Officer.
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.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Approving the City of Chula Vista BMP Design Manual supports Operational Excellence as it allows the City to improve the water quality by implementing onsite post-construction storm water requirements for Standard Projects and PDPs, and providing updated procedures for planning, preliminary design, selection, and design of permanent storm water BMPs based on the performance standards presented in the MS4 Permit.
CURRENT YEAR FISCAL IMPACT
Updating the City of Chula Vista BMP Design Manual is a MS4 Permit requirement, which in itself will not have fiscal impacts on the City. The City’s costs for compliance with the MS4 Permit in Fiscal Year 2015-2016 have been included in the Public Works budget for Fiscal Year 2015-2016. Therefore, no appropriation is required.
ONGOING FISCAL IMPACT
The requested action by itself will not result in any ongoing fiscal impact to the City. However, compliance with the Municipal Permit demands ongoing program expenditures. Based on experience, with each re-issuance of the Municipal Permit, more stringent and costly requirements can be expected.
Project submittal reviews and inspection services relating to development projects are chargeable to project developer deposit accounts. Funds required to cover BMP Design Manual updates costs for each additional year will be programmed as part of the City’s Public Works budget for that Fiscal Year as part of the normal budget process.
ATTACHMENTS
1 - Summary of City of Chula Vista BMP Design Manual, December 2015
Staff Contact: Boushra Salem, Senior Civil Engineer, Department of Public Works