TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Erick Lee, Public Works Director
Lou Vargas, Utilities Manager
Nicholle Petroff, Senior Management Analyst
SUBJECT:Title
Consideration of Introducing an Ordinance to Revise Title 5 - Sanitation and Health, Chapter 5.84 - Storm Water and Urban Runoff Pollution Control of the City of Manhattan Beach Municipal Code to Align with Regional Permit Requirements (Public Works Director Lee).
INTRODUCE ORDINANCE NO. 22-0011
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council Introduce an Ordinance to revise Title 5 - Sanitation and Health, Chapter 5.84 - Storm Water and Urban Runoff Pollution Control of the City of Manhattan Beach Municipal Code (MBMC) to align with the requirements of the Regional Municipal NPDES Stormwater Permit, Order No. R4-2021-0105 NPDES Permit No. CAS004001.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
As referenced in this report, the term “Permit” refers to the Regional Phase I MS4 NPDES Permit, Order No. R4-2021-0105, and NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties. The Regional Municipal NPDES Stormwater Permit was adopted on July 23, 2021 by the Los Angeles Regional Water Quality Control Board and became effective on September 11, 2021, replacing the previous 2012 Municipal NPDES Stormwater Permit.
As a permittee, the City is required to establish and maintain adequate legal authority to control pollutant discharges into and from the MS4 and to enforce the provisions of the Permit as applicable within the City’s jurisdiction.
Permit requirements apply to specified new and redevelopment projects, commercial and industrial facilities, and construction activities within the boundaries of the City and its regulatory jurisdiction. The City previously established legal authority to implement the 2012 Municipal NPDES Stormwater Permit and any successor permit through MBMC Chapter 5.84 - Stormwater and Urban Runoff Pollution Control, as well as through other provisions of the municipal code, including MBMC § 9.68- Nuisances and MBMC Chapter 1.04 Penalty Provisions.
MBMC Chapter 5.84 addresses requirements for the control of pollutants and urban runoff into and from the MS4 to reduce pollutants in stormwater to the maximum extent practicable and to ensure consistency with the requirements of the Federal Clean Water Act and the Municipal NPDES Permit. MBMC Chapter 5.84 further prohibits discharges of substances other than stormwater to the MS4 unless explicitly exempted by the Permit or conditionally exempted when conducted in accordance with specified best management practices for certain limited types of non-stormwater discharges. Additionally, MBMC Chapter 5.84 provides the City inspection and enforcement authority for these requirements.
While the City’s legal authority remains in effect, staff recommends revising Chapter 5.84 to align with the provisions of the current Permit to provide clarity as to the requirements and the City’s authority to enforce them.
DISCUSSION:
The City requested McGowan Consulting to review and prepare a draft revision of MBMC Chapter 5.84 for consistency and alignment with the technical and regulatory requirements in the Permit. While the changes in the Permit over the previous 2012 permit were not so substantive as to necessitate the addition of new sections in the MBMC Chapter 5.84, there were terminology changes and more nuanced changes to the requirements in the permit, which resulted in proposed changes to most sections in the chapter.
A summary of notable changes to the MBMC Chapter 5.84 included in proposed Ordinance No. 22-0011 follows:
• 5.84.020 - Definitions.
Updates existing definitions and adds key regulatory definitions applicable to development projects, such as “Biofiltration”, “Bioretention”, “Low Impact Development”, “Natural Drainage Systems”, and “Priority Development Projects.”
• 5.84.050 - Exempted discharges or conditionally exempted discharges.
Clarifies that “conditionally exempt non-essential non-stormwater discharges” to the MS4 are allowed so long as they are not a source of pollutants that will cause or contribute to an exceedance of applicable water quality limitations.
• 5.84.070 - Requirements for industrial/commercial and construction activities.
Clarifies that the requirements of the Permit apply to all construction activities within the City and must be met prior to the issuance of any permits. Also clarifies that commercial food establishments must comply with the City’s Mandatory Organic Waste Disposal Reduction and Fats, Oils and Grease Ordinances, MBMC Chapter 5.25 and MBMC Chapter 5.38.
• 5.84.100 - Planning and land development program requirements for new development and redevelopment projects.
Codifies the City’s current policy for implementation of Low Impact Development (LID). Also clarifies the size thresholds for Priority Development Projects required to comply with the structural BMP requirements of the Permit as single-family residential development projects on parcels of 10,000 square feet or more and all other types of development projects on parcels of 5,000 square feet or more in size. Consistent with the City’s existing practice, the ordinance streamlines LID thresholds for Priority Development Projects which are at least as stringent as Permit requirements. This section also outlines the technical elements required to be incorporated into Priority Development Project plans.
Adoption of the Final Ordinance is scheduled for the November 15, 2022, City Council Meeting.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed and approved the proposed revisions, developed an accompanying ordinance, and recommends that Manhattan Beach Municipal Code Chapter 5.84 be amended and restated as presented in the attachment for City Council’s approval.
ATTACHMENTS:
1. Ordinance No. 22-0011
2. Draft Ordinance No. 22-0011 (Including Redlines)
3. Order No. R4-2021-0105 and NPDES Permit No. CAS004001