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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: JUNE 13, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: ORDINANCE ADDING CHAPTER 10.13 (STORMWATER CREDIT PROGRAM) TO TITLE 10 (PUBLIC SERVICES AND UTILITIES)
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
STORMWATER CREDIT PROGRAM
ATTACHMENT (Y/N): YES ITEM # 26
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, introduce an Ordinance adding Chapter 10.13 (Stormwater Credit Program) to Title 10 (Public Services and Utilities) of the Anaheim Municipal Code establishing a Stormwater Credit Program; adopt the Stormwater Credit Program; and determine that the adoption of the Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines.
DISCUSSION:
The City is subject to the Municipal Separate Stormwater Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Permit) issued by the Santa Ana Regional Water Quality Control Board (Regional Board) which requires, among other things, new development and redevelopment projects implement best management practices (BMPs) to reduce stormwater pollution. This currently involves capturing and treating stormwater on-site, once it is developed, prior to discharge to the City Storm Drain.
The City has developed a Stormwater Credit Program (Program) (Attachment 2) which will provide public and private projects the opportunity to purchase stormwater credits (Credits) to allow for offsite treatment, rather than treating stormwater on site. To accomplish this, the City proposes to construct, own, and operate regional retention facilities (Credit Generators), which will provide multiple benefits, including:
a) Reducing stormwater pollutants in greater volumes and more effectively than site by site efforts,
b) Supplementing local water supply by infiltrating water into the aquifer, c) Enhancing the City’s flood control capabilities,
d) Improving water quality immediately, rather than waiting until each project comes “online” to capture pollutants on a site-by-site basis, and Ordinance Adding Chapter 10.13 (Stormwater Credit Program) To Title 10 (Public Services and Utilities) of the Anaheim Municipal Code Establishing a Stormwater Credit Program
June 13, 2023
e) Lowering costs, increasing certainty of regulatory compliance for development projects.
The draft Program received written support from OC Coastkeeper, Orange County Public Works, the Orange County Water District, and the Construction Industry Coalition on Water Quality, among others. City staff has coordinated with the Regional Board for the last two years for review and comment on the Program in order to obtain the required approval to allow for implementation.
On April 3, 2023, the Executive Officer of the Regional Board provided this approval of the Program in an Authorization Letter (Attachment 3).
Participating in the Program is voluntary. The Credit user may purchase Credits or construct a stormwater capture and treatment system on the parcel(s) they are developing or redeveloping, or simply capture and treat stormwater onsite as is currently required and not purchase Credits.
The City will be responsible for the operations and maintenance of the Credit Generators, and the accounting of the Program. Currently, the City has two facilities that are constructed and in operation: Modjeska Park facility (Anaheim Bay Watershed) and La Palma/Richfield facility (Santa Ana River Watershed).
The Credit Price will be adopted at a later date. It has been developed based on the cost of planning, design, construction, and operations & maintenance of the two existing Credit Generators. The revenue from the Program will be used to operate and maintain existing facilities, administer the Program, and develop future Credit Generators.
ENVIRONMENTAL DETERMINATION:
Staff recommends that the City Council determine that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines. This determination is based on the fact the proposed fees will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a project as defined in Section 15378.
IMPACT ON BUDGET:
Revenue from the Program will be included in a Public Works Department Stormwater Credit Program Fund.
Respectfully submitted,
Rudy Emami
Public Works Director
Attachments:
1. Ordinance
2. Anaheim Stormwater Credit Program
3. Authorization to Proceed