ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING CHAPTER 10.13 (STORMWATER CREDIT
PROGRAM) OF TITLE 10 (PUBLIC SERVICES AND
UTILITIES) TO THE ANAHEIM MUNICIPAL CODE
ESTABLISHING A STORMWATER CREDIT PROGRAM AND
BASED UPON THE FINDING AND DETERMINATION THAT
SAID ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA
GUIDELINES.
WHEREAS, the City of Anaheim (“City”) is regulated by the Santa Ana Regional Water Quality Control Board through a National Pollutant Discharge Elimination System and Municipal Separate Storm Sewer System Permit that requires the City to reduce the discharge of pollutants in urban stormwater runoff to receiving waters to the maximum extent practicable; and
WHEREAS, as a condition of the permit, the City requires certain development projects to manage a required amount of stormwater onsite to the extent feasible; and
WHEREAS, if the development project meets specified conditions, the project may consider an alternative compliance program established by the City and approved by the Santa Ana Regional Water Quality Control Board; and
WHEREAS, the City has developed an alternative compliance program approved by the Santa Ana Regional Water Quality Control Board where the City has constructed, and intends to construct, regional storm water capture facilities that will capture, treat, infiltrate, and/or beneficially use stormwater from their tributary area; and
WHEREAS, the Credit Program will allow the City to generate Credits to be purchased by an eligible development project as an alternative to the development project’s management of stormwater onsite; and
WHEREAS, the program would allow development projects the volunt ary option to purchase Credits generated by the stormwater capture facilities for use within the same watershed to satisfy onsite stormwater management requirements and offset pollutant discharges; and
WHEREAS, as part of the alternative compliance program, the City has further developed a Credit accounting system to monitor and track Credits generated by stormwater capture facilities and sold to eligible development projects; and
WHEREAS, pursuant to t he City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the Cit y Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environ ment and is not a project as defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That a new Chapter 10.13 (Stormwater Credit Program) is hereby added to Title 10 (Public Service and Utilities) of the Anaheim Municipal Code to read in full as follows:
“Chapter 10.13 STORMWATER CREDIT PROGRAM
Sections:
10.13.010 Establishment of a Stormwater Credit Program.
10.13.020 Definitions.
10.13.020 Purpose of Stormwater Credit Program.
10.13.040 Stormwater Credit Program Implementation.
10.13.050 City Reservations.
10.13.010 ESTABLISHMENT OF A STORMWATER CREDIT PROGRAM
A Stormwater Credit Program is hereby established in the City of Anaheim. The Stormwater Credit Program and its associated documents, as such documents may be amended from time to time, are on file in the Department of Public Works and Office of the City Clerk.
10.13.020 DEFINITIONS
Any words, terms, or phrases used herein shall have the meaning set forth in Anaheim Municipal Code Chapte r 10.09 (National Pollution Discharge Elimination System )(NPDES)) or the Stormwater Credit Program.
10.13.030 PURPOSE OF STORMWATER CREDIT PROGRAM
.010 The Stormwater Credit Program is designed to achieve the following purposes:
.0101 Incentivize regional stormwater treatment and supply projects (e.g., capture, treatment, infiltration, beneficial use projects) through the generation and sale of Credits;
.0102 Accelerate water quality, watershed improvement, and improved hydrologic function;
.0103 Improve effectiveness and efficiency of stormwater capture by replacing on -site privately managed stormwater management systems with publicly managed regional stormwater retention that provides better pollutant removal, more rigorous and closely monitored structural treatment control, reduces the number of structural treatment controls requiring compliance oversight including design review, inspection, and maintenance confirmation, and provides more cost-effective maintenance;
.0104 Promotes capture of stormwater as a resource through regional stormwater capture and groundwater recharge or beneficial use, reduces local hydrologic and flood risks, and leverages multi -source funding for implementation of multi-benefit projects;
.0105 Complies with current stormwater regulations including, the NPDES Permit and Orange County’s Model Water Quality Management Plan, and aligns with state and county integrated water management approaches; and
.0106 Helps implement the City’s NPDES program an d achieves a net environmental benefit by reducing overall pollutant load by watershed.
10.13.040 STORMWATER CREDIT PROGRAM IMPLEMENTATION
.010 Authority. The Director of Public Works is hereby granted the authority to implement the Stormwater Credit Program consistent with NPDES Permit and Anaheim Municipal Code, including, but not limited to, the development and execution of necessary contracts and other documents in furtherance of the Program. The Director of Public Works is authorized to make mod ifications to the Program as necessary and in accordance with all applicable federal, state, local laws and MS4 Permit requirements.
.020 Credit Accounting System. The City will establish an accounting system to monitor and implement the Stormwater Credit Program. Such accounting system will include, but not be limited to, a Credit account to receive, hold, and disperse funds from the sale of Credits, and a data management system to track Credits generated and sold, Credit adjustments, Credit Price , and other Credit-related information of the Credit Program. The City shall provide relevant credit system information to the Santa Ana Regional Water Quality Control Board and conduct an audit of the Credit accounting system on a periodic basis.
.030 Credit Generators. The City has constructed, and intends to construct, regional City-owned facilities designed to capture and retain stormwater for the Stormwater Credit Program. Upon the construction and verification of a Credit Generator by the City, the Credit Generator will generate Credits for purchase by eligible Credit Users. The City will operate and maintain the Credit Generator(s) in accordance with the Stormwater Credit Program.
.040 Credit Price. The City will establish a Credit Price by watershed, which will be adjusted periodically. The Credit Price will be based on: 1) the design, construction, operation, monitoring, and maintenance costs of existing and future Credit Generators; 2) costs to administer the Credit Program; and 3) such other reasonable costs that affect the operation of the Credit Program.
.050 Credit Users. Upon the establishment of the Credit Program, an eligible Credit User may purchase and use available Credits, on a voluntary basis, to satisfy some or all of the onsite stormwater management requirements of the NPDES Permit. A Credit User shall comply with all terms and conditions of the Stormwater Credit Program and conditions imposed by the Director, including execution of an agreement and other documents with the City.
10.13.050 CITY RESERVATIONS
The City reserves the right to: 1) determ ine the availability of Credits ; 2) determine the need for future Credit Generators; or, 3) temporarily discontinue or terminate the Program at any time for future Credit Users.”
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitution al, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ___day of ___________________ 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
_______________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
___________________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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